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17-112.00 Fehr & Peers: Barker BNSF Grade Separation • • Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: 17-112 Firm/Organization Legal Name(do not use dba's): Fehr&Peers Address Federal Aid Number 1001 4th Avenue, Suite 4120, Seattle,WA 98154 REP-4123(005) UBI Number Federal TIN or SSN Number 602 671978 REDACTED Execution Date Completion Date December 31,2018 1099 Form Required Federal Participation E] Yes 0 No ❑] Yes ❑ No Project Title Barker Road/BNSF Grade Separation Project#0143 -Traffic Analysis Description of Work Perform traffic analysis in support of the Barker Road/BNSF Grade Separation Project#0143. 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. ❑ Yes 0 No DBE Participation Maximum Amount Payable: $23,100 El Yes 0 No MBE Participation ❑ Yes 0 No WBE Participation ❑ Yes 0 No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase (N/A for this project) Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 14 Revised 4/10/2015 THIS AGREEMENT, made and entered into as shown in the "Execution Date"box on page one(1)of this AGREEMENT, between the City of Spokane Valley hereinafter called the "AGENCY,"and the"Firm/Organization Name"referenced on page one (1)of this AGREEMENT,hereinafter called the "CONSULTANT." WHEREAS,the AGENCY desires to accomplish the work referenced in"Description of Work" on page one (1) of this AGREEMENT and hereafter called the"SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS,the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW,THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. Ill. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies,groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination,progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: 17-112 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 14 Revised 4/10/2015 Participation for Disadvantaged Business Enterprises(DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit"B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's"DBE Program Participation Plan"and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required,that non-DBE Prime CONSULTANTS perform a minimum of 30%of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by(i)certified mail, return receipt requested,or(ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Chris Bainbridge Name: Christopher Breiland Agency: City of Spokane Valley Agency: Fehr&Peers Address: 11707 E. Sprague Ave., Suite 106 Address: 1001 4th Avenue, Suite 4120 City: Spokane Valley State: WA Zip: 99206 City: Seattle State: WA Zip: 98154 Email: cbainbridge@spokanevalley.org Email: c.breiland@fehrandpeers.com Phone: 509.720.5102 Phone: 206.576.4220 Facsimile: 509.720.5075 Facsimile: 206.576.4225 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled"Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: 17-112 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 14 Revised 4/10/2015 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct(Raw)Labor, Indirect Cost Rate, and Fixed Fee(Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits"D" and"E"attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated rates shall be memorialized in a final written acknowledgement between the parties. Such final written acknowledgement shall be incorporated into, and become a part of,this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgement, to 180 days following the CONSULTANT's fiscal year end (FYE) date. The direct(raw) labor rates and classifications, as shown on Exhibits"D"and "E" shall be subject to renegotiations for each subsequent twelve (12)month period (180 days following FYE date to 180 days following FYE date)upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety(90) days following the CONSULTANT's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and"E", will remain in effect for the twelve(12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct(raw) labor rates and classifications that will be applicable for the twelve (12) month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement between the parties. Such final written acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct(raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct(raw) labor rates and classifications that will be applicable for the twelve (12) month period. The fixed fee as identified in Exhibits"D"and"E"shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rates under this AGREEMENT,even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve(12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgement. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct(raw) labor, indirect cost rate, and fixed fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fixed fee. Agreement Number: 17-112 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14 Revised 4/10/2015 B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to,the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and all revisions thereto. Air,train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs."The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. C. Maximum Amount Payable:The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates established in Exhibit"D," including names and classifications of all employees, and billings for all direct non- salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. E. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT's"Audit Guide for Consultants,"Chapter 23 "Resolution Procedures,"the CONSULTANT has twenty (20)working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings. F. Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six(6)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six(6)year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. .An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. Agreement Number: 17-112 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 5 of 14 Revised 4/10/2015 VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A"attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E"attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion,to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift,or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full-or part-time basis, or other basis, during the period of this AGREEMENT,any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: 17-112 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 6 of 14 Revised 4/10/2015 VIII. Nondiscrimination During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2)of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2)of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Agreement Number: 17-112 Local AgencyABE Professional Services Negotiated Hourly Rate Consultant Agreement Page 7 of 14 Revised 4/10/2015 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein,without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XL Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington(STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Agreement Number: 17-112 Local Agency AZE Professional Services Negotiated Hourly Rate Consultant Agreement Page 8 of 14 Revised 4/10/2015 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b)the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers'and employees'failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY,their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW;or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. This waiver has been mutually negotiated by the Parties. Unless otherwise specified in this AGREEMENT,the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Agreement Number: 17-112 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 9 of 14 Revised 4/10/2015 Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any"Auto"(Symbol 1)used in an amount not less than a one million dollar($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured(the"AIs"),with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over,and shall not contribute with,the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Chris Bainbridge Agency: City of Spokane Valley Address: 11707 E. Sprague Ave., Suite 106 City: Spokane Valley State: WA Zip: 99206 Email: cbainbridge@spokanevalley.org Phone: 509.720.5102 Facsimile: 509.720.5075 No cancellation of the foregoing policies shall be effective without thirty(30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX"Termination of Agreement"of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars($1,000,000.00),whichever is greater,unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Agreement Number: 17-112 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 14 Revised 4/10/2015 XIII. Extra Work A. The AGENCY may at any time,by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT,whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1)maximum amount payable; (2) delivery or completion schedule, or both; and(3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any"request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty(30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes"clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.)and (B.) above,the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit"G-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered Transactions, Exhibit"G-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G-4"Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements"prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes,amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. Agreement Number: 17-112 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14 Revised 4/10/2015 XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The"State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release,divulge,publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or(ii)returned all of the State's Confidential Information to the AGENCY; or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03,the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received;who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used,or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: 17-112 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14 Revised 4/10/2015 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such,the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as"Proprietary and/or confidential information"or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure,the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6)years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all"documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six(6)year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including,without limitation, any and all correspondences, contracts,AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules,diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Agreement Number: 17-112 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14 Revised 4/10/2015 For purposes of this AGREEMENT,"ESI"means any and all computer data or electronic recorded media of any kind, including"Native Files",that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel,Access, Publisher, PowerPoint,Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs,floppy disks,work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created,viewed, and/or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Z7,4t.i." F73(/( 7 Signature Date l CO 212S/) IF Signature Date Any modfcation, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: 17-112 Local Agency AME Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14 Revised 4/10/2015 Exhibit A Scope of Work Project No. CIP#0143 See attached Exhibit A-1 for Scope of Work. Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 10/30/2014 FEHR 'S' PEERS EXHIBIT A-1 Barker Road/BNSF Grade Separation Project #0143 Traffic Analysis Scope of Work Task 1—Intersection Safety Analysis Fehr and Peers will perform a safety analysis for several intersection concepts that are being studied by the City of Spokane Valley as part of the Barker Road/BNSF Grade Separation project. We will use information and research published in the AASHTO Highway Safety Manual to provide a high- level estimate of the probability of different crash types and other safety-related information associated with each intersection and control type being evaluated. Traffic analysis was previously studied, as part of the Northeast Industrial Area Planned Action Ordinance project,three concepts for the Barker Road/BNSF Grade Separation project. These are referred to as the East,Central and West Concept.We will perform a safety analysis for the following intersections and potential control types to cover each scenario being considered: • Barker Road/Trent Avenue under Central/East Concept with a roundabout • Barker Road/Del Rey Drive/Trent Avenue under West Concept with a signal • Flora Road/Trent Avenue under the East Concept with a signal The above list accounts for each type of intersection being studied. In situations where the configuration and volumes of an intersection is forecast to be very similar between concepts,it was assumed that one safety analysis per intersection control type being considered would suffice for both concepts. Note that there is no safety analysis proposed at Flora Road/Trent Avenue under the West or Central Concepts since existing conditions will be improved at that intersection because the south leg of the intersection will be closed as part of these concepts. The documentation will identify how the safety analysis in this task will be associated with each of the WSDOT intersections for each of the three(East, Central,and West) concepts and Alternative 5 (see Task 3 below). Deliverables: Written summary of the intersection safety analysis for three conceptual intersections. Task 2—Intersection Control Analysis Fehr and Peers will perform an intersection control analysis(ICA)for the year 2040 for the following four intersections, which include differences between the three concepts that the City of Spokane Valley is studying as part of the Barker Road/BNSF Grade Separation project: • Wellesley Road/Trent Avenue under the East Concept • Barker Road/Trent Avenue under the Central Concept • Barker Road/Del Rey Drive/Trent Avenue under the West Concept • Flora Road/Trent Avenue under the East Concept Barker Road/BNSF Grade Separation Project#0143 Exhibit A-1 Fehr&Peers 1 of 2 Scope of Work All of the intersections listed above would be existing or new intersections on State Highway 290 (Trent Avenue)in northeast Spokane Valley,Washington.Analysis will be performed generally using the guidelines of section 1300.05(1) Intersection Control Analysis (ICA) of the WSDOT Design Manual.We will identify the least costly(from a planning level)context sensitive intersection control for each intersection being studied. As part of understanding the context, we will identify and consider the goals of the project, the primary anticipated users of the intersections, long-term multimodal plans in the area that may affect the design of the intersection, and other related factors. Deliverables: Written summary of the intersection control analysis for the four conceptual intersections. Task 3—Alternative 5 Review Subsequent to the prior work as part of the Northeast Industrial Area Planned Action Ordinance project, another design concept identified as Alternative 5 was developed. The original Alternative 5 concept included a double roundabout to connect Wellesley Avenue with Barker Road and to connect Barker Road with Trent Avenue. Based on WSDOT's preliminary review of the original Alternative 5 concept,the double roundabout concept would be replaced with a single roundabout concept. Under this revised scenario,Alternative 5 would have similar functionality to the West and Central Concepts.This task would describe the traffic operations characteristics of Alternative 5 by referencing the relevant analysis results from the West and Central Concepts analyzed as part of the Northeast Industrial Area Planned Action Ordinance project. This task would also document that the Intersection Safety Analysis and Intersection Control Analysis tasks described above applicable to Alternative 5. Deliverables: Written summary of the operations results for Alternative 5(assuming the two WSDOT design concepts that were provided to us in late July)based on previously completed analyses for the West and Central concepts. Task 4—Presentation to City Council Fehr and Peers will prepare a PowerPoint and make a presentation to City Council in Spokane Valley on the following items: • Findings of the previously completed traffic analysis for three concepts of the Barker Road/BNSF Grade Separation project, including the Alternative 5 options. • Outcomes of Task 1—Intersection Safety Analysis • Outcomes of Task 2—Intersection Control Analysis Deliverables:PowerPoint and in-person presentation to City Council in Spokane Valley. Barker Road/BNSF Grade Separation Project#0143 Exhibit A-1 Fehr&Peers 2 of 2 Scope of Work Exhibit B DBE Participation Zero percent DBE goal established for this Agreement per WSDOT email dated August 8, 2017. Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 10/30/2014 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency.The format and standards to be provided may include, but are not limited to,the following: I. Surveying, Roadway Design& Plans Preparation Section A. Survey Data Not applicable. B. Roadway Design Files Not applicable. C. Computer Aided Drafting Files Not applicable. Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 10/30/2014 D. Specify the Agency's Right to Review Product with the Consultant Reviews are expected to be continuous throughout the project. E. Specify the Electronic Deliverables to Be Provided to the Agency Draft and final versions of memos,reports,and presentations. F. Specify What Agency Furnished Services and Information Is to Be Provided Review of materials, facilitate coordination of data with civil engineering team. Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 10/30/2014 II. Any Other Electronic Files to Be Provided Any traffic counts collected as part of project. III. Methods to Electronically Exchange Data Email. WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 10/30/2014 A. Agency Software Suite Not applicable. B. Electronic Messaging System Not applicable. C. File Transfers Format Not applicable. WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 Exhibit D Prime Consultant Cost Computations See attached Exhibit D-1 for Fehr&Peers Cost Computations. Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 10/30/2014 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The pages entitled "Exhibit D-1" contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time.The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI"Sub-Contracting"of this AGREEMENT. Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 10/30/2014 Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the"REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT,with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books,records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA)to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation,termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1)through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 10/30/2014 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of City of Spokane Valley Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters- Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit C-4 Ccrtificatc of Current Cost or Pricing Data Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Fehr&Peers whose address is 1001 4th Avenue, Suite 4120, Seattle,WA 98154 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT;or c) Paid, or agreed to pay,to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT)any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the City of Spokane Valley and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Fehr&Peers Consultant(Firm Name) 1.1,2e • 40. 57Z(71 VOW Sign(Authorized Official of Consultant) Date Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-1(b) Certification of City of Spokane Valley I hereby certify that I am the: Q City Manager ❑ Other of the City of Spokane Valley , and the City or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. q/(21244(7 Signature Date Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3)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 anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3)year period preceding this application/proposal had one or more public transactions(Federal, State and local) terminated for cause or default. II. 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 proposal. Fehr&Peers Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief; that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed$100,000, and that all such sub-recipients shall certify and disclose accordingly. Fehr&Peers Consultant(Firm Name) Z.14,:i57_ — fS/(/(7 Signature(Authorized Official of Consultant) Date Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit l Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s)is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred. If this is the case, then the Director of Public Works or Agency Engineer,or their representatives, negotiate a settlement with the consultant.The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place.The agency is to provide LP,through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements.No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit I Page 1 of 2 Revised 10/30/2014 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution.LP, in consultation with FHWA,will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit I Page 2 of 2 Revised 10/30/2014 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement.The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim.After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 10/30/2014 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing)the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: 17-112 WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014 FEHR&PE-01 YOUNGV ACORE," DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 9/1/2017 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 License#0E67768 N2 • cT Cassandra Thompson IOA Insurance Services PHONE 3875 Hopyard Road (A/C,No,Ext): ac,No):(925)416-7869 Suite 240 ADDRESS:Cassandra.Thompson@ioausa.com Pleasanton,CA 94588 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:RLI Insurance Company 13056 INSURED INSURER B:Hartford Insurance Company of the Midwest 37478 Fehr&Peers INSURER C:Liberty Insurance Underwriters,Inc 19917 100 Pringle Avenue,Suite 600 INSURER D: Walnut Creek,CA 94596 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. NOTVNTHSTANDING 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 SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PSB0006683 12/06/2016 12/06/2017 oArvETO aEo sate $ 1,000,000 MED EXP An one•arson $ 10,000 PERSONAL&ADV INJURY 1'000'000 GENt AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE • 2,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG . 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO _ PSA0002276 12/06/2016 12/06/2017 BODILY INJURY Per•arson $ OWNED SCHEDULED AUTOS ONLY AUTOS-OBODILY INJURY Per accident • X AUTOS ONLY X AUUTOS ONLYY PPeer accident AMAGE A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS UAB CLAIMS-MADE PSE0002889 12/06/2016 12/06/2017 AGGREGATE • 5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION XSTATUTE ETH AND EMPLOYERS'LIABILITY 57WEGZJ1989 05/01/2017 05/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE n N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N N/A (Mandatory 1%1 NH) E.L.,DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liab AEXNYABEFJ2001 12/06/2016 12/06/2017 Per Claim 3,000,000 C Professional Liab AEXNYABEFJ2001 12/06/2016 12/06/2017 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:SE17-0560.00/Barker Road/BNSF Grade Separation Project#0143 All Operations of the Named Insured,including the aforementioned project,if any. General Liability:Please see blanket Additional Insured endorsement attached;such coverage is Primary and Non-Contributory with Waiver of Subrogation included,as required per written contract. Auto Liability: Please see blanket Additional Insured endorsement with Waiver of Subrogation included,as required per written contract. Workers'Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement,as required per written contract. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE ATTN:Candice Powers-Henderson and Chris Bainbridge 11707 E. Sprague Avenue,Suite 106 0.4.11*- 1Spokane.WA 99206 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:FEHR&PE-01 YOUNGV �1".1) LOC#: 1 AR D" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#0E67768 NAMED INSURED IOA Insurance Services Fehr r Peers 100 Prin le Avenue,Suite 600 POLICY NUMBER Walnut Creek,CA 94596 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFEcnVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: GENERAL LIABILITY&AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S)OR ORGANIZATION(S):City of Spokane Valley, their officers,employees,and agents,as required per written contract ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0006683 RLI Insurance Company Named Insured:Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II —LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0002276 RLI Insurance Company Named Insured: Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair-Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage-Loss Of Use L. Hired Car-Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition -Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition-Railroad Easement Q. Coverage Extensions-Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured "loss", provided that the "accident" or "loss" arises The following is added to the SECTION II — out of the operations contemplated by such contract. The waiver applies COVERED AUTOS LIABILITY COVERAGE, Para- only to the person or graph Al.Who Is An Insured Provision: organization designated in such contract. Any business entity newly acquired or formed by you E. Employee Hired Autos during the policy period, provided you own fifty 1. The following is added to the SECTION II — percent(50%) or more of the business entity and the COVERED AUTOS LIABILITY COVERAGE, business entity is not separately insured for Bus- Paragraph A.1.Who Is An Insured Provision: iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days An "employee" of yours is an "insured" while following the acquisition or formation of the business operating an "auto" hired or rented under a entity. contract or agreement in that "employee's" name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business. organization for which coverage is excluded by endorsement. 2. Changes In General Conditions: B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b. For Hired Auto Physical Damage Coverage, graph A.1.Who Is An Insured Provision: the following are deemed to be covered Any "employee" of yours is an "insured" while using "autos" you own: a covered "auto" you don't own, hire or borrow in (1) Any covered "auto" you lease, hire, rent your business or your personal affairs. or borrow; and C. Blanket Additional Insured (2) Any covered "auto" hired or rented by The following is added to the SECTION II — your"employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.1.Who Is An Insured Provision: permission, while performing duties Any person or organization that you are required to related to the conduct of your business. include as an additional insured on this coverage However, any "auto"orodtwithat is leased, form in a contract or agreement that is executed by hired, rented or borrowed a driver is you before the "bodily injury" or "property damage" not a covered "auto". occurs is an "insured" for liability coverage, but only F. Fellow Employee Coverage for damages to which this insurance applies and SECTION II — COVERED AUTOS LIABILITY only to the extent that person or organization COVERAGE, Exclusion B.5. does nota I if you qualifies as an "insured" under the Who Is An apply Insured provision contained in SECTION II — have workers compensation insurance in-force COVERED AUTOS LIABILITY COVERAGE. covering all of your employees. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following: that is executed by you before the "bodily injury" or In the event of a total "loss" to a covered "auto" "property damage" occurs. shown in the Schedule of Declarations, we will pay D. Blanket Waiver Of Subrogation any unpaid amount due on the lease or loan for a covered "auto", less: The following is added to the SECTION IV — BUSI- 1. The amount paid under the PHYSICAL NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against DAMAGE COVERAGE section of the policy; Others To Us: and We waive any right of recovery we may have against 2. Any: any person or organization to the extent required of a. Overdue lease/loan payments at the time of you by a contract executed prior to any "accident" or the"loss"; PPA 300 03 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEG 2.71989 Endorsement Number: Effective Date: 05/01/17 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK, CA 94596 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description ANY PERSON OR ORGANIZATION AS REQUIRED BY WRITTEN FROM WHOM YOU ARE REQUIRED CONTRACT. BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Countersigned by .1 �.-- Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 04/21/17 Policy Expiration Date: 05/01/18 FEHR&PE-01FRANCISCON DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/5/2017 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). License # 0E67768 Gigi Yuen CONTACT PRODUCER NAME: IOA Insurance Services PHONEFAX (925) 660-3514 50008(925) 416-7869 (A/C, No, Ext):(A/C, No): 3875 Hopyard Road E-MAIL Gigi.Yuen@ioausa.com Suite 240 ADDRESS: Pleasanton, CA 94588 INSURER(S) AFFORDING COVERAGENAIC # RLI Insurance Company13056 INSURER A : Hartford Insurance Company of the Midwest37478 INSURED INSURER B : Liberty Insurance Underwriters, Inc19917 Fehr & Peers INSURER C : 100 Pringle Avenue, Suite 600 INSURER D : Walnut Creek, CA 94596 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD A 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 1,000,000 DAMAGE TO RENTED X PSB000668312/06/201712/06/2018 CLAIMS-MADEOCCUR $ PREMISES (Ea occurrence) 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 2,000,000 XX PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ A 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) PSA000227612/06/201712/06/2018 ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE XX HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ A 5,000,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE$ PSE000288912/06/201712/06/2018 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ B PEROTH- X WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N 57WEGZJ198905/01/201705/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ C Professional Liab.AEXNYABEFJ200212/06/201712/06/2018 Per Claim3,000,000 C Professional Liab.AEXNYABEFJ200212/06/201712/06/2018 Aggregate3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: SE17-0560.00 / Barker Road/BNSF Grade Separation Project #0143 All Operations of the Named Insured, including the aforementioned project, if any. General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract. Auto Liability: Please see blanket Additional Insured endorsement with Waiver of Subrogation included, as required per written contract. Workers' Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement, as required per written contract. SEE ATTACHED ACORD 101 CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE ATTN: Candice Powers-Henderson and Chris Bainbridge 11707 E. Sprague Avenue, Suite 106 Spokane, WA 99206 ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FEHR&PE-01FRANCISCON AGENCY CUSTOMER ID: 1 LOC #: ADDITIONAL REMARKS SCHEDULE Page of 11 License # 0E67768 AGENCYNAMED INSURED Fehr & Peers IOA Insurance Services 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 POLICY NUMBER SEE PAGE 1 CARRIERNAIC CODE SEE PAGE 1SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 25Certificate of Liability Insurance FORM NUMBER:FORM TITLE: Description of Operations/Locations/Vehicles: GENERAL LIABILITY & AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): City of Spokane Valley, their officers, employees, and agents, as required per written contract ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PolicyNumber:RLIInsuranceCompany PSB0006683 bğƒĻķLƓƭǒƩĻķʹ Fehr & Peers THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. ® RLIPackFORPROFESSIONALS BLANKETADDITIONALINSUREDENDORSEMENT Thisendorsementmodifiesinsuranceprovidedunderthefollowing: BUSINESSOWNERSCOVERAGEFORM-SECTIONII–LIABILITY 1.C.WHOISANINSURED1.C.WHOISANINSURE isamendedtoincludeasimntinl additionalinsuredunderthispolicymustapplyonaadditionalinsuredunderthisolicmustalona D saededocudeaspyppy pyppy anadditionalinsuredanypersonororganizationthatanadditionalinsuredanersonororanizationthaprimarybasis,oraprimaryandnon-contributory ypgtprimarybasis,oraprimaryandnon-contributory ypgpypyy youagreeinacontractoragreementrequiringouareeinacontractorareementreuirinbasis,thisinsuranceisprimarytootherinsurancebasis,thisinsuranceisrimartootherinsuranc yggqgpye yggqgpy insurancetoincludeasanadditionalinsuredonthisinrntinlnitinlinrnthithatisavailabletosuchadditionalinsuredwhichthtivillthitinlinrwhi suaceocudeasaaddoasuedosasaaabeosucaddoasuedch policy,butonlywithrespecttoliabilityfor"bodilycoverssuchadditionalinsuredasanamedinsured,overssuchadditionalinsuredasanamedinsured, policy,butonlywithrespecttoliabilityfor"bodilyc pyypyy injury","propertydamage"or"personalandandwewillnotsharewiththatotherinsurance, injury","propertydamage"or"personalandandwewillnotsharewiththatotherinsurance, jyppygp advertisinginjury"causedinwholeorinpartbyyouprovidedthat:rovidedthat advertisinginjury"causedinwholeorinpartbyyoup: gjy orthoseactingonyourbehalf:orthoseactinonourbehal gyf: a. The"bodilyinjury"or"propertydamage"for a. Intheperformanceofyourongoingoperations;whichcoverageissoughtoccursafteryouhave enteredintothatcontractoragreement;or b. Inconnectionwithpremisesownedbyorrented b. toyou;orThe"personalandadvertisinginjury"forwhich coverageissoughtarisesoutofanoffense c. Inconnectionwith“yourwork”andincluded committedafteryouhaveenteredintothat withinthe“product-completedoperations contractoragreement. hazard”. 4.SECTIONIIIK.2.SECTIONIIIK.2 ThefollowingisaddedtoTheollowinisaddedto 4.fg. 2. Theinsuranceprovidedtotheadditionalinsuredby g TransferofRightsofRecoveryAgainstOtherstoransferofRihtsofRecoverAainstOtherst Tgygo thisendorsementislimitedasfollows: gyg Us–COMMONPOLICYCONDITIONS(BUTs–COMMONPOLICYCONDITIONSBU U(T ( APPLICABLETOONLYTOSECTIONII–APPLICABLETOONLYTOSECTIONII a. Thisinsurancedoesnotapplyonanybasisto – LIABILITY)IABILITY anypersonororganizationforwhichcoverage L) asanadditionalinsuredspecificallyisaddedby Wewaiveanyrightsofrecoverywemayhave anotherendorsementtothispolicy. againstanypersonororganizationbecauseof paymentswemakefor"bodilyinjury","property b. Thisinsurancedoesnotapplytotherendering damage"or"personalandadvertisinginjury"arising oforfailuretorenderany"professional outof"yourwork"performedbyyou,oronyour services". behalf,underacontractoragreementwiththat c. Thisendorsementdoesnotincreaseanyofthe personororganization.Wewaivetheserightsonly D.LiabilityAnd limitsofinsurancestatedin whereyouhaveagreedtodosoaspartofa MedicalExpensesLimitsofInsurance . contractoragreementwithsuchpersonor organizationenteredintobyyoubeforethe"bodily 3.SECTIONIIIH.2.Other Thefollowingisaddedto injury"or"propertydamage"occurs,orthe"personal Insurance–COMMONPOLICYCONDITIONS andadvertisinginjury"offenseiscommitted. (BUTAPPLICABLEONLYTOSECTIONII– LIABILITY) However,ifyouspecificallyagreeinacontractor However,ifyouspecificallyagreeinacontractor ypyg agreementthattheinsuranceprovidedtoanareementthattheinsuranceprovidedtoa gn ALLOTHERTERMSANDCONDITIONSOFTHISPOLICYREMAINUNCHANGED. PPB3040212Page1of1 PSA0002276 Policy Number:RLI Insurance Company Named Insured: Fehr & Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ® RLIPack BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured C. Blanket Additional Insured D. Blanket Waiver Of Subrogation . Blanket Waiver Of Subroation Dg E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair Waiver Of Deductible Î I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage Loss Of Use Î L. Hired Car Worldwide Coverage Î M. Temporary Transportation Expenses N. Amended Bodily Injury Definition Mental Anguish Î O. Airbag Coverage P. Amended Insured Contract Definition Railroad Easement Î Q. Coverage Extensions Audio, Visual And Data Electronic Equipment Not Designed Solely For The Î Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured Ð loss Ñ, provided that the Ð accident Ñ or Ð loss Ñ arises out of the operations contemplated by such contract. SECTION II The following is added to the Î The waiver applies only to the person or COVERED AUTOS LIABILITY COVERAGE, Para- organization designated in such contract. A.1. Who Is An Insured graphProvision: E. Employee Hired Autos Any business entity newly acquired or formed by you 1SECTION II during the policy period, provided you own fifty .The following is added to the Î COVERED AUTOS LIABILITY COVERAGE, percent (50%) or more of the business entity and the A.1. Who Is An Insured business entity is not separately insured for Bus-Paragraph Provision: iness Auto Coverage. Coverage is extended up to a An Ð employee Ñ of yours is an Ð insured Ñ while maximum of one hundred eighty (180) days operating an Ð auto Ñ hired or rented under a following the acquisition or formation of the business contract or agreement in that Ð employee's Ñ entity. name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement. 5.b.Other Insurance Paragraph of the Con- B. Employees As Insureds BUSINESS AUTO CONDITIONS dition in the is SECTION II The following is added to the Î deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b .For Hired Auto Physical Damage Coverage, A.1. Who Is An Insured graphProvision: the following are deemed to be covered Any Ð employee Ñ of yours is an Ð insured Ñ while using Ð autos Ñ you own: a covered Ð auto Ñ you don't own, hire or borrow in (1) Any covered Ð auto Ñ you lease, hire, rent your business or your personal affairs. or borrow; and C. Blanket Additional Insured C. Blanket Additional Insured (2) Any covered Ð auto Ñ hired or rented by SECTION II The following is added to the Î your Ð employee Ñ under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual Ð employee's Ñ name, with your A.1. Who Is An Insured graphProvision: permission, while performing duties related to the conduct of your business. Any person or organization that you are required to However, any Ð auto Ñ that is leased, include as an additional insured on this coverage hired, rented or borrowed with a driver is form in a contract or agreement that is executed by not a covered Ð auto Ñ. you before the Ð bodily injury Ñ or Ð property damage Ñ F. Fellow Employee Coverage occurs is an Ð insured Ñ for liability coverage, but only for damages to which this insurance applies and SECTION II COVERED AUTOS LIABILITY Î only to the extent that person or organization COVERAGE, Exclusion B.5. does not apply if you qualifies as an Ð insured Ñ under the Who Is An have workers compensation insurance in-force SECTION II Insured provision contained in Î covering all of your employees. COVERED AUTOS LIABILITY COVERAGE . G. Auto Loan Lease Gap Coverage The insurance provided to the additional insured will be on a primary and non-contributory basis to the SECTION III PHYSICAL DAMAGE COVERAGE, Î additional insuredÓs own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following: that is executed by you before the Ð bodily injury Ñ or In the event of a total Ð loss Ñ to a covered Ð auto Ñ Ð property damage Ñ occurs. shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a D. Blanket Waiver Of Subrogation . Blanket Waiver Of Subroation Dg covered Ð auto Ñ, less: SECTION IV BUSI- The following is added to the Î 1.PHYSICAL The amount paid under the NESS AUTO CONDITIONS, A. Loss Conditions, DAMAGE COVERAGE section of the policy; 5.Transfer Of Rights Of Recovery Against and Others To Us : 2. Any: We waive any right of recovery we may have against any person or organization to the extent required of a. of Overdue lease/loan payments at the time you by a contract executed prior to any Ð accident Ñ or the Ð loss Ñ; PPA 300 03 13 FEHR&PE-01FRANCISCON DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/24/2018 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). Nicole Francisco License # 0E67768 CONTACT PRODUCER NAME: IOA Insurance Services PHONEFAX (925) 416-7869 (A/C, No, Ext):(A/C, No): 3875 Hopyard Road E-MAIL Nicole.Francisco@ioausa.com Suite 240 ADDRESS: Pleasanton, CA 94588 INSURER(S) AFFORDING COVERAGENAIC # RLI Insurance Company13056 INSURER A : Hartford Insurance Company of the Midwest37478 INSURED INSURER B : Liberty Insurance Underwriters, Inc19917 Fehr & Peers INSURER C : 100 Pringle Avenue, Suite 600 INSURER D : Walnut Creek, CA 94596 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD A 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 1,000,000 X DAMAGE TO RENTED PSB000668312/06/201712/06/2018 CLAIMS-MADEOCCUR $ PREMISES (Ea occurrence) 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 2,000,000 XX PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ A 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) PSA000227612/06/201712/06/2018 ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ XX PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ A 5,000,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE$ PSE000288912/06/201712/06/2018 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ B X PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N 57WEGZJ198905/01/201805/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ C Professional Liab.AEXNYABEFJ200212/06/201712/06/2018 Per Claim3,000,000 C Professional Liab.AEXNYABEFJ200212/06/201712/06/2018 Aggregate3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: SE17-0560.00 / Barker Road/BNSF Grade Separation Project #0143 All Operations of the Named Insured, including the aforementioned project, if any. General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract. Auto Liability: Please see blanket Additional Insured endorsement with Waiver of Subrogation included, as required per written contract. Workers' Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement, as required per written contract. SEE ATTACHED ACORD 101 CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE ATTN: Candice Powers-Henderson and Chris Bainbridge 11707 E. Sprague Avenue, Suite 106 Spokane, WA 99206 ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FEHR&PE-01FRANCISCON AGENCY CUSTOMER ID: 1 LOC #: ADDITIONAL REMARKS SCHEDULE Page of 11 License # 0E67768 AGENCYNAMED INSURED Fehr & Peers IOA Insurance Services 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 POLICY NUMBER SEE PAGE 1 CARRIERNAIC CODE SEE PAGE 1SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 25Certificate of Liability Insurance FORM NUMBER:FORM TITLE: Description of Operations/Locations/Vehicles: GENERAL LIABILITY & AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): City of Spokane Valley, their officers, employees, and agents, as required per written contract ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PolicyNumber:RLIInsuranceCompany PSB0006683 bğƒĻķLƓƭǒƩĻķʹ Fehr & Peers THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. ® RLIPackFORPROFESSIONALS BLANKETADDITIONALINSUREDENDORSEMENT Thisendorsementmodifiesinsuranceprovidedunderthefollowing: BUSINESSOWNERSCOVERAGEFORM-SECTIONII–LIABILITY 1.C.WHOISANINSURED1.C.WHOISANINSURE isamendedtoincludeasimntinl additionalinsuredunderthispolicymustapplyonaadditionalinsuredunderthisolicmustalona D saededocudeaspyppy pyppy anadditionalinsuredanypersonororganizationthatanadditionalinsuredanersonororanizationthaprimarybasis,oraprimaryandnon-contributory ypgtprimarybasis,oraprimaryandnon-contributory ypgpypyy youagreeinacontractoragreementrequiringouareeinacontractorareementreuirinbasis,thisinsuranceisprimarytootherinsurancebasis,thisinsuranceisrimartootherinsuranc yggqgpye yggqgpy insurancetoincludeasanadditionalinsuredonthisinrntinlnitinlinrnthithatisavailabletosuchadditionalinsuredwhichthtivillthitinlinrwhi suaceocudeasaaddoasuedosasaaabeosucaddoasuedch policy,butonlywithrespecttoliabilityfor"bodilycoverssuchadditionalinsuredasanamedinsured,overssuchadditionalinsuredasanamedinsured, policy,butonlywithrespecttoliabilityfor"bodilyc pyypyy injury","propertydamage"or"personalandandwewillnotsharewiththatotherinsurance, injury","propertydamage"or"personalandandwewillnotsharewiththatotherinsurance, jyppygp advertisinginjury"causedinwholeorinpartbyyouprovidedthat:rovidedthat advertisinginjury"causedinwholeorinpartbyyoup: gjy orthoseactingonyourbehalf:orthoseactinonourbehal gyf: a. The"bodilyinjury"or"propertydamage"for a. Intheperformanceofyourongoingoperations;whichcoverageissoughtoccursafteryouhave enteredintothatcontractoragreement;or b. Inconnectionwithpremisesownedbyorrented b. toyou;orThe"personalandadvertisinginjury"forwhich coverageissoughtarisesoutofanoffense c. Inconnectionwith“yourwork”andincluded committedafteryouhaveenteredintothat withinthe“product-completedoperations contractoragreement. hazard”. 4.SECTIONIIIK.2.SECTIONIIIK.2 ThefollowingisaddedtoTheollowinisaddedto 4.fg. 2. Theinsuranceprovidedtotheadditionalinsuredby g TransferofRightsofRecoveryAgainstOtherstoransferofRihtsofRecoverAainstOtherst Tgygo thisendorsementislimitedasfollows: gyg Us–COMMONPOLICYCONDITIONS(BUTs–COMMONPOLICYCONDITIONSBU U(T ( APPLICABLETOONLYTOSECTIONII–APPLICABLETOONLYTOSECTIONII a. Thisinsurancedoesnotapplyonanybasisto – LIABILITY)IABILITY anypersonororganizationforwhichcoverage L) asanadditionalinsuredspecificallyisaddedby Wewaiveanyrightsofrecoverywemayhave anotherendorsementtothispolicy. againstanypersonororganizationbecauseof paymentswemakefor"bodilyinjury","property b. Thisinsurancedoesnotapplytotherendering damage"or"personalandadvertisinginjury"arising oforfailuretorenderany"professional outof"yourwork"performedbyyou,oronyour services". behalf,underacontractoragreementwiththat c. Thisendorsementdoesnotincreaseanyofthe personororganization.Wewaivetheserightsonly D.LiabilityAnd limitsofinsurancestatedin whereyouhaveagreedtodosoaspartofa MedicalExpensesLimitsofInsurance . contractoragreementwithsuchpersonor organizationenteredintobyyoubeforethe"bodily 3.SECTIONIIIH.2.Other Thefollowingisaddedto injury"or"propertydamage"occurs,orthe"personal Insurance–COMMONPOLICYCONDITIONS andadvertisinginjury"offenseiscommitted. (BUTAPPLICABLEONLYTOSECTIONII– LIABILITY) However,ifyouspecificallyagreeinacontractor However,ifyouspecificallyagreeinacontractor ypyg agreementthattheinsuranceprovidedtoanareementthattheinsuranceprovidedtoa gn ALLOTHERTERMSANDCONDITIONSOFTHISPOLICYREMAINUNCHANGED. PPB3040212Page1of1 PSA0002276 Policy Number:RLI Insurance Company Named Insured: Fehr & Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ® RLIPack BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured C. Blanket Additional Insured D. Blanket Waiver Of Subrogation . Blanket Waiver Of Subroation Dg E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair Waiver Of Deductible Î I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage Loss Of Use Î L. Hired Car Worldwide Coverage Î M. Temporary Transportation Expenses N. Amended Bodily Injury Definition Mental Anguish Î O. Airbag Coverage P. Amended Insured Contract Definition Railroad Easement Î Q. Coverage Extensions Audio, Visual And Data Electronic Equipment Not Designed Solely For The Î Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured Ð loss Ñ, provided that the Ð accident Ñ or Ð loss Ñ arises out of the operations contemplated by such contract. SECTION II The following is added to the Î The waiver applies only to the person or COVERED AUTOS LIABILITY COVERAGE, Para- organization designated in such contract. A.1. Who Is An Insured graphProvision: E. Employee Hired Autos Any business entity newly acquired or formed by you 1SECTION II during the policy period, provided you own fifty .The following is added to the Î COVERED AUTOS LIABILITY COVERAGE, percent (50%) or more of the business entity and the A.1. Who Is An Insured business entity is not separately insured for Bus-Paragraph Provision: iness Auto Coverage. Coverage is extended up to a An Ð employee Ñ of yours is an Ð insured Ñ while maximum of one hundred eighty (180) days operating an Ð auto Ñ hired or rented under a following the acquisition or formation of the business contract or agreement in that Ð employee's Ñ entity. name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement. 5.b.Other Insurance Paragraph of the Con- B. Employees As Insureds BUSINESS AUTO CONDITIONS dition in the is SECTION II The following is added to the Î deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b .For Hired Auto Physical Damage Coverage, A.1. Who Is An Insured graphProvision: the following are deemed to be covered Any Ð employee Ñ of yours is an Ð insured Ñ while using Ð autos Ñ you own: a covered Ð auto Ñ you don't own, hire or borrow in (1) Any covered Ð auto Ñ you lease, hire, rent your business or your personal affairs. or borrow; and C. Blanket Additional Insured C. Blanket Additional Insured (2) Any covered Ð auto Ñ hired or rented by SECTION II The following is added to the Î your Ð employee Ñ under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual Ð employee's Ñ name, with your A.1. Who Is An Insured graphProvision: permission, while performing duties related to the conduct of your business. Any person or organization that you are required to However, any Ð auto Ñ that is leased, include as an additional insured on this coverage hired, rented or borrowed with a driver is form in a contract or agreement that is executed by not a covered Ð auto Ñ. you before the Ð bodily injury Ñ or Ð property damage Ñ F. Fellow Employee Coverage occurs is an Ð insured Ñ for liability coverage, but only for damages to which this insurance applies and SECTION II COVERED AUTOS LIABILITY Î only to the extent that person or organization COVERAGE, Exclusion B.5. does not apply if you qualifies as an Ð insured Ñ under the Who Is An have workers compensation insurance in-force SECTION II Insured provision contained in Î covering all of your employees. COVERED AUTOS LIABILITY COVERAGE . G. Auto Loan Lease Gap Coverage The insurance provided to the additional insured will be on a primary and non-contributory basis to the SECTION III PHYSICAL DAMAGE COVERAGE, Î additional insuredÓs own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following: that is executed by you before the Ð bodily injury Ñ or In the event of a total Ð loss Ñ to a covered Ð auto Ñ Ð property damage Ñ occurs. shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a D. Blanket Waiver Of Subrogation . Blanket Waiver Of Subroation Dg covered Ð auto Ñ, less: SECTION IV BUSI- The following is added to the Î 1.PHYSICAL The amount paid under the NESS AUTO CONDITIONS, A. Loss Conditions, DAMAGE COVERAGE section of the policy; 5.Transfer Of Rights Of Recovery Against and Others To Us : 2. Any: We waive any right of recovery we may have against any person or organization to the extent required of a. of Overdue lease/loan payments at the time you by a contract executed prior to any Ð accident Ñ or the Ð loss Ñ; PPA 300 03 13 FEHR&PE-01FRANCISCON DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 9/24/2018 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). License # 0E67768 Nicole Francisco CONTACT PRODUCER NAME: IOA Insurance Services PHONEFAX (925) 416-7869 (A/C, No, Ext):(A/C, No): 3875 Hopyard Road E-MAIL Nicole.Francisco@ioausa.com Suite 200 ADDRESS: Pleasanton, CA 94588 INSURER(S) AFFORDING COVERAGENAIC # RLI Insurance Company13056 INSURER A : Hartford Insurance Company of the Midwest37478 INSURED INSURER B : Liberty Insurance Underwriters, Inc19917 Fehr & Peers INSURER C : 100 Pringle Avenue, Suite 600 INSURER D : Walnut Creek, CA 94596 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD A 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 1,000,000 DAMAGE TO RENTED X PSB000668312/06/201712/06/2018 CLAIMS-MADEOCCUR $ PREMISES (Ea occurrence) 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 2,000,000 XX PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ A 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) PSA000227612/06/201712/06/2018 ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE XX HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ A 5,000,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE$ PSE000288912/06/201712/06/2018 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE$ 0 DEDRETENTION$ $ B PEROTH- X WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N 57WEGZJ198905/01/201805/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ C Professional Liab.AEXNYABEFJ200212/06/201712/06/2018 Per Claim3,000,000 C Professional Liab.AEXNYABEFJ200212/06/201712/06/2018 Aggregate3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: SE18-SP28.01 / On-Call General Services:: Traffic Study and Travel Demand Support All Operations of the Named Insured, including the aforementioned project, if any. General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract. Auto Liability: Please see blanket Additional Insured endorsement with Waiver of Subrogation included, as required per written contract. Workers' Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement, as required per written contract. SEE ATTACHED ACORD 101 CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Spokane Valley 10210 East Sprague Avenue Spokane, WA 99206 ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FEHR&PE-01FRANCISCON AGENCY CUSTOMER ID: 1 LOC #: ADDITIONAL REMARKS SCHEDULE Page of 11 License # 0E67768 AGENCYNAMED INSURED Fehr & Peers IOA Insurance Services 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 POLICY NUMBER SEE PAGE 1 CARRIERNAIC CODE SEE PAGE 1SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 25Certificate of Liability Insurance FORM NUMBER:FORM TITLE: Description of Operations/Locations/Vehicles: GENERAL LIABILITY & AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): City of Spokane Valley, as required per written contract ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PolicyNumber:RLIInsuranceCompany PSB0006683 bğƒĻķLƓƭǒƩĻķʹ Fehr & Peers THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. ® RLIPackFORPROFESSIONALS BLANKETADDITIONALINSUREDENDORSEMENT Thisendorsementmodifiesinsuranceprovidedunderthefollowing: BUSINESSOWNERSCOVERAGEFORM-SECTIONII–LIABILITY 1.C.WHOISANINSURED1.C.WHOISANINSURE isamendedtoincludeasimntinl additionalinsuredunderthispolicymustapplyonaadditionalinsuredunderthisolicmustalona D saededocudeaspyppy pyppy anadditionalinsuredanypersonororganizationthatanadditionalinsuredanersonororanizationthaprimarybasis,oraprimaryandnon-contributory ypgtprimarybasis,oraprimaryandnon-contributory ypgpypyy youagreeinacontractoragreementrequiringouareeinacontractorareementreuirinbasis,thisinsuranceisprimarytootherinsurancebasis,thisinsuranceisrimartootherinsuranc yggqgpye yggqgpy insurancetoincludeasanadditionalinsuredonthisinrntinlnitinlinrnthithatisavailabletosuchadditionalinsuredwhichthtivillthitinlinrwhi suaceocudeasaaddoasuedosasaaabeosucaddoasuedch policy,butonlywithrespecttoliabilityfor"bodilycoverssuchadditionalinsuredasanamedinsured,overssuchadditionalinsuredasanamedinsured, policy,butonlywithrespecttoliabilityfor"bodilyc pyypyy injury","propertydamage"or"personalandandwewillnotsharewiththatotherinsurance, injury","propertydamage"or"personalandandwewillnotsharewiththatotherinsurance, jyppygp advertisinginjury"causedinwholeorinpartbyyouprovidedthat:rovidedthat advertisinginjury"causedinwholeorinpartbyyoup: gjy orthoseactingonyourbehalf:orthoseactinonourbehal gyf: a. The"bodilyinjury"or"propertydamage"for a. Intheperformanceofyourongoingoperations;whichcoverageissoughtoccursafteryouhave enteredintothatcontractoragreement;or b. Inconnectionwithpremisesownedbyorrented b. toyou;orThe"personalandadvertisinginjury"forwhich coverageissoughtarisesoutofanoffense c. Inconnectionwith“yourwork”andincluded committedafteryouhaveenteredintothat withinthe“product-completedoperations contractoragreement. hazard”. 4.SECTIONIIIK.2.SECTIONIIIK.2 ThefollowingisaddedtoTheollowinisaddedto 4.fg. 2. Theinsuranceprovidedtotheadditionalinsuredby g TransferofRightsofRecoveryAgainstOtherstoransferofRihtsofRecoverAainstOtherst Tgygo thisendorsementislimitedasfollows: gyg Us–COMMONPOLICYCONDITIONS(BUTs–COMMONPOLICYCONDITIONSBU U(T ( APPLICABLETOONLYTOSECTIONII–APPLICABLETOONLYTOSECTIONII a. Thisinsurancedoesnotapplyonanybasisto – LIABILITY)IABILITY anypersonororganizationforwhichcoverage L) asanadditionalinsuredspecificallyisaddedby Wewaiveanyrightsofrecoverywemayhave anotherendorsementtothispolicy. againstanypersonororganizationbecauseof paymentswemakefor"bodilyinjury","property b. Thisinsurancedoesnotapplytotherendering damage"or"personalandadvertisinginjury"arising oforfailuretorenderany"professional outof"yourwork"performedbyyou,oronyour services". behalf,underacontractoragreementwiththat c. Thisendorsementdoesnotincreaseanyofthe personororganization.Wewaivetheserightsonly D.LiabilityAnd limitsofinsurancestatedin whereyouhaveagreedtodosoaspartofa MedicalExpensesLimitsofInsurance . contractoragreementwithsuchpersonor organizationenteredintobyyoubeforethe"bodily 3.SECTIONIIIH.2.Other Thefollowingisaddedto injury"or"propertydamage"occurs,orthe"personal Insurance–COMMONPOLICYCONDITIONS andadvertisinginjury"offenseiscommitted. (BUTAPPLICABLEONLYTOSECTIONII– LIABILITY) However,ifyouspecificallyagreeinacontractor However,ifyouspecificallyagreeinacontractor ypyg agreementthattheinsuranceprovidedtoanareementthattheinsuranceprovidedtoa gn ALLOTHERTERMSANDCONDITIONSOFTHISPOLICYREMAINUNCHANGED. PPB3040212Page1of1 PSA0002276 Policy Number:RLI Insurance Company Named Insured: Fehr & Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ® RLIPack BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured C. Blanket Additional Insured D. Blanket Waiver Of Subrogation . Blanket Waiver Of Subroation Dg E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair Waiver Of Deductible Î I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage Loss Of Use Î L. Hired Car Worldwide Coverage Î M. Temporary Transportation Expenses N. Amended Bodily Injury Definition Mental Anguish Î O. Airbag Coverage P. Amended Insured Contract Definition Railroad Easement Î Q. Coverage Extensions Audio, Visual And Data Electronic Equipment Not Designed Solely For The Î Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured Ð loss Ñ, provided that the Ð accident Ñ or Ð loss Ñ arises out of the operations contemplated by such contract. SECTION II The following is added to the Î The waiver applies only to the person or COVERED AUTOS LIABILITY COVERAGE, Para- organization designated in such contract. A.1. Who Is An Insured graphProvision: E. Employee Hired Autos Any business entity newly acquired or formed by you 1SECTION II during the policy period, provided you own fifty .The following is added to the Î COVERED AUTOS LIABILITY COVERAGE, percent (50%) or more of the business entity and the A.1. Who Is An Insured business entity is not separately insured for Bus-Paragraph Provision: iness Auto Coverage. Coverage is extended up to a An Ð employee Ñ of yours is an Ð insured Ñ while maximum of one hundred eighty (180) days operating an Ð auto Ñ hired or rented under a following the acquisition or formation of the business contract or agreement in that Ð employee's Ñ entity. name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement. 5.b.Other Insurance Paragraph of the Con- B. Employees As Insureds BUSINESS AUTO CONDITIONS dition in the is SECTION II The following is added to the Î deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b .For Hired Auto Physical Damage Coverage, A.1. Who Is An Insured graphProvision: the following are deemed to be covered Any Ð employee Ñ of yours is an Ð insured Ñ while using Ð autos Ñ you own: a covered Ð auto Ñ you don't own, hire or borrow in (1) Any covered Ð auto Ñ you lease, hire, rent your business or your personal affairs. or borrow; and C. Blanket Additional Insured C. Blanket Additional Insured (2) Any covered Ð auto Ñ hired or rented by SECTION II The following is added to the Î your Ð employee Ñ under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual Ð employee's Ñ name, with your A.1. Who Is An Insured graphProvision: permission, while performing duties related to the conduct of your business. Any person or organization that you are required to However, any Ð auto Ñ that is leased, include as an additional insured on this coverage hired, rented or borrowed with a driver is form in a contract or agreement that is executed by not a covered Ð auto Ñ. you before the Ð bodily injury Ñ or Ð property damage Ñ F. Fellow Employee Coverage occurs is an Ð insured Ñ for liability coverage, but only for damages to which this insurance applies and SECTION II COVERED AUTOS LIABILITY Î only to the extent that person or organization COVERAGE, Exclusion B.5. does not apply if you qualifies as an Ð insured Ñ under the Who Is An have workers compensation insurance in-force SECTION II Insured provision contained in Î covering all of your employees. COVERED AUTOS LIABILITY COVERAGE . G. Auto Loan Lease Gap Coverage The insurance provided to the additional insured will be on a primary and non-contributory basis to the SECTION III PHYSICAL DAMAGE COVERAGE, Î additional insuredÓs own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following: that is executed by you before the Ð bodily injury Ñ or In the event of a total Ð loss Ñ to a covered Ð auto Ñ Ð property damage Ñ occurs. shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a D. Blanket Waiver Of Subrogation . Blanket Waiver Of Subroation Dg covered Ð auto Ñ, less: SECTION IV BUSI- The following is added to the Î 1.PHYSICAL The amount paid under the NESS AUTO CONDITIONS, A. Loss Conditions, DAMAGE COVERAGE section of the policy; 5.Transfer Of Rights Of Recovery Against and Others To Us : 2. Any: We waive any right of recovery we may have against any person or organization to the extent required of a. of Overdue lease/loan payments at the time you by a contract executed prior to any Ð accident Ñ or the Ð loss Ñ; PPA 300 03 13 I. FEHR&PE-01 FRANCISCON ,dlCOR o CERTIFICATE OF LIABILITY INSURANCE DA9/27/2018 ) 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(les)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 License#0E67768 CONTACT Nicole Francisco NAME: IOA Insurance Services 3875 Hopyard Road (A/C,No, Eat): ac,No):(925)416-7869 Suite 200 ADRE SS:Nicole.Francisco@ioausa.com Pleasanton,CA 94588 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:RLI Insurance Company 13056 INSURED INSURER B:Hartford Insurance Company of the Midwest 37478 Fehr&Peers INSURER C:Liberty Insurance Underwriters,Inc 19917 100 Pringle Avenue,Suite 600 INSURER D: Walnut Creek,CA 94596 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 SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTg INSD WVD, IMMIDD/YYYYI IMMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PSB0006683 12/06/2017 12/06/2018 DAMAGE TO RENTED 1,000,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) ANY AUTO PSA0002276 12/06/2017 12/06/2018 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY _ AUTOS WNBODILY INJURY(Per accident) $ X AUTOS ONLY X AUTOS ONED LY (PRengtilident4AMAGE $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE PSE0002889 12106/2017 12/06/2018 AGGREGATE $ 5,000,000 DED RETENTION$ 0 $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N 57WEGZJ1989 05/01/2018 05/01/2019 1,000,000 OFFI /MEEXLPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liab. AEXNYABEFJ2002 12/06/2017 12/06/2018 Per Claim 3,000,000 C Professional Liab. AEXNYABEFJ2002 12/06/2017 12/06/2018 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES JACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:SE18-0633.001/1Highland E§tate5-CDffnector Project#281 All Operations of the Named Insured,including the aforementioned project,if any. General Liability:Please see blanket Additional Insured endorsement attached;such coverage is Primary and Non-Contributory with Waiver of Subrogation included,as required per written contract. Auto Liability: Please see blanket Additional Insured endorsement with Waiver of Subrogation included,as required per written contract. Workers'Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement,as required per written contract. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Spokane Valley 10210 East Sprague Avenue .41.4.,t_A (Spokane,WA 99206 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:FEHR&PE-01 FRANCISCON /"', LOC#: 1 ACORD' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#0E67768 NAMED INSURED 1OA Insurance Services Fehr r Peers 100 Pringle Avenue,Suite 600 POLICY NUMBER Walnut Creek,CA 94596 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: GENERAL LIABILITY&AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S)OR ORGANIZATION(S): City of Spokane Valley,as required per written contract ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0006683 RLI Insurance Company Named Insured:Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II—LIABILITY 9. WHO.' it API IidSU ED is amended,to iticft deas ;additional insured'under this policy:must apply,oh a ,an additional insured any person or organizatiOn,that4 primary basis; Or primary, and non-contributory .you agree in a contract or agreement requiring iasis,. this,insurance is primary to 'other.insurance insurance to include as an additional insured on this 'that is available to such additional insured -which. policy, ;but ()Illy with respect to liability 'for "bodily:' covers such additional,insured as a named insured, �9 g,injury'„ ,property damage'" 'or; "persona.tl =and° and we will not share with that other, insurance, 'advertising injury" caused'in whole or h pert t _,you' bprovided that' �. or those acting on;youcpt�etalf; m a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard" contract or agreement. 2. The insurance provided to the additional insured by `7e:The7following is added==to b,SBCTION ,III K. 2. this endorsement is limited as follows: ,Transfer of Rights of Recovery Against Others to. 'Us --; COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II any person or organization for which coverage ,LIABfLITY); as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage"occurs, or the"personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) 'However, if you specifically agree in a contract or agreement that the, ,insurance,_p 9vid Cl to an'- ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0002276 RLI Insurance Company Named Insured: Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds .C, Blanket AdditionaInsured: D. BIan41 Waiver Of Subro ati©n: E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage—Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition—Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition—Railroad Easement Q. Coverage Extensions—Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 • This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured "loss", provided that the "accident" or "loss" arises The following is added to the SECTION II — out of the operations contemplated by such contract. COVERED AUTOS LIABILITY COVERAGE, Para- The waiver applies only to the person or graph A.1.Who Is An Insured Provision: organization designated in such contract. Any business entity newly acquired or formed by you E. Employee Hired Autos during the policy period, provided you own fifty 1. The following is added to the SECTION II — percent(50%)or more of the business entity and the COVERED AUTOS LIABILITY COVERAGE, business entity is not separately insured for Bus- Paragraph A.1.Who Is An Insured Provision: iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days An "employee" of yours is an "insured" while following the acquisition or formation of the business operating an "auto" hired or rented under a entity. contract or agreement in that "employee's" name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business. organization for which coverage is excluded by endorsement. 2. Changes In General Conditions: B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b. For Hired Auto Physical Damage Coverage, graph A.1.Who Is An Insured Provision: the following are deemed to be covered Any "employee" of yours is an "insured" while using "autos"you own: a covered "auto" you don't own, hire or borrow in (1) Any covered "auto" you lease, hire, rent your business or your personal affairs. or borrow; and l aInsured' (2) Any covered "auto" hired or rented by Additional a r The following is added to the SECTION II — your"employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.1.Who Is An Insured Provision: permission, while performing duties Any person or organization that you are required to related to the conduct of your business. include as an additional insured on this coverage Howeven any "auto"orodtwithat is leased, form in a contract or agreement that is executed by hired, rented or borrowed a driver is you before the "bodilyinjury" or "property dams e" not a covered"auto". � JrY" 9 occurs is an "insured" for liability coverage, but only F. Fellow Employee Coverage for damages to which this insurance applies and SECTION II — COVERED AUTOS LIABILITY only to the extent that person or organization COVERAGE, Exclusion B.5. does nota I if you qualifies as an "insured" under the Who Is An apply Insured provision contained in SECTION II — have workers compensation insurance in-force COVERED AUTOS LIABILITY COVERAGE. covering all of your employees. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following: that is executed by you before the "bodily injury" or In the event of a total "loss" to a covered "auto" "property damage"occurs. shown in the Schedule of Declarations, we will pay Blanket Waiver t3fwSuro atlon any unpaid amount due on the lease or loan for a covered "auto", less: The following is added to the SECTION IV — BUSI- 1. The amount paid under the PHYSICAL NESS AUTO CONDITIONS, A. Loss Conditions, DAMAGE COVERAGE section of the policy; 5. Transfer Of Rights Of Recovery Against Others To Us: and We waive any right of recovery we may have against 2. Any: any person or organization to the extent required of a. Overdue lease/loan payments at the time of you by a contract executed prior to any "accident" or the"loss"; PPA 300 03 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEG ZJ1989 Endorsement Number: Effective Date: 05/01/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK, CA 94596 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description ANY PERSON OR ORGANIZATION AS REQUIRED BY WRITTEN FROM WHOM YOU ARE REQUIRED CONTRACT. BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. o^" OISP Cauntersig ed by ` .:i r�� Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Policy Expiration Date: 05/01/18 FEHR&PE-01JACKSONNA DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 04/05/2019 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). License # 0E67768 Naomi Jackson CONTACT PRODUCER NAME: IOA Insurance Services PHONEFAX (925) 660-3998 (A/C, No, Ext):(A/C, No): 3875 Hopyard Road E-MAIL Naomi.Jackson@ioausa.com Suite 200 ADDRESS: Pleasanton, CA 94588 INSURER(S) AFFORDING COVERAGENAIC # RLI Insurance Company13056 INSURER A : Hartford Casualty Insurance Company29424 INSURED INSURER B : Liberty Insurance Underwriters, Inc19917 Fehr & Peers INSURER C : 100 Pringle Avenue, Suite 600 INSURER D : Walnut Creek, CA 94596 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD A 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 1,000,000 DAMAGE TO RENTED X PSB000668312/06/201812/06/2019 CLAIMS-MADEOCCUR $ PREMISES (Ea occurrence) 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 2,000,000 X PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT X OTHER:$ A 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) PSA000227612/06/201812/06/2019 ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE XX HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ A 5,000,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE$ PSE000288912/06/201812/06/2019 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ B PEROTH- X WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N 57WEGZJ198905/01/201905/01/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ C Professional Liab.AEXNYABEFJ200312/06/201812/06/2019 Per Claim3,000,000 C Professional Liab.AEXNYABEFJ200312/06/201812/06/2019 Aggregate3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: SE17-0560.00 / Barker Road/BNSF Grade Separation Project #0143 All Operations of the Named Insured, including the aforementioned project, if any. General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract. Auto Liability: Please see blanket Additional Insured endorsement with Waiver of Subrogation included, as required per written contract. Workers' Compensation: Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation endorsement, as required per written contract. SEE ATTACHED ACORD 101 CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE ATTN: Candice Powers-Henderson and Chris Bainbridge 11707 E. Sprague Avenue, Suite 106 Spokane, WA 99206 ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FEHR&PE-01JACKSONNA AGENCY CUSTOMER ID: 1 LOC #: ADDITIONAL REMARKS SCHEDULE Page of 11 License # 0E67768 AGENCYNAMED INSURED Fehr & Peers IOA Insurance Services 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 POLICY NUMBER SEE PAGE 1 CARRIERNAIC CODE SEE PAGE 1SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 25Certificate of Liability Insurance FORM NUMBER:FORM TITLE: Description of Operations/Locations/Vehicles: GENERAL LIABILITY & AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): City of Spokane Valley, their officers, employees, and agents, as required per written contract ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PolicyNumber:RLIInsuranceCompany PSB0006683 bğƒĻķLƓƭǒƩĻķʹ Fehr & Peers THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. ® RLIPackFORPROFESSIONALS BLANKETADDITIONALINSUREDENDORSEMENT Thisendorsementmodifiesinsuranceprovidedunderthefollowing: BUSINESSOWNERSCOVERAGEFORM-SECTIONII–LIABILITY 1.C.WHOISANINSURED1.C.WHOISANINSURE isamendedtoincludeasimntinl additionalinsuredunderthispolicymustapplyonaadditionalinsuredunderthisolicmustalona D saededocudeaspyppy pyppy anadditionalinsuredanypersonororganizationthatanadditionalinsuredanersonororanizationthaprimarybasis,oraprimaryandnon-contributory ypgtprimarybasis,oraprimaryandnon-contributory ypgpypyy youagreeinacontractoragreementrequiringouareeinacontractorareementreuirinbasis,thisinsuranceisprimarytootherinsurancebasis,thisinsuranceisrimartootherinsuranc yggqgpye yggqgpy insurancetoincludeasanadditionalinsuredonthisinrntinlnitinlinrnthithatisavailabletosuchadditionalinsuredwhichthtivillthitinlinrwhi suaceocudeasaaddoasuedosasaaabeosucaddoasuedch policy,butonlywithrespecttoliabilityfor"bodilycoverssuchadditionalinsuredasanamedinsured,overssuchadditionalinsuredasanamedinsured, policy,butonlywithrespecttoliabilityfor"bodilyc pyypyy injury","propertydamage"or"personalandandwewillnotsharewiththatotherinsurance, injury","propertydamage"or"personalandandwewillnotsharewiththatotherinsurance, jyppygp advertisinginjury"causedinwholeorinpartbyyouprovidedthat:rovidedthat advertisinginjury"causedinwholeorinpartbyyoup: gjy orthoseactingonyourbehalf:orthoseactinonourbehal gyf: a. The"bodilyinjury"or"propertydamage"for a. Intheperformanceofyourongoingoperations;whichcoverageissoughtoccursafteryouhave enteredintothatcontractoragreement;or b. Inconnectionwithpremisesownedbyorrented b. toyou;orThe"personalandadvertisinginjury"forwhich coverageissoughtarisesoutofanoffense c. Inconnectionwith“yourwork”andincluded committedafteryouhaveenteredintothat withinthe“product-completedoperations contractoragreement. hazard”. 4.SECTIONIIIK.2.SECTIONIIIK.2 ThefollowingisaddedtoTheollowinisaddedto 4.fg. 2. Theinsuranceprovidedtotheadditionalinsuredby g TransferofRightsofRecoveryAgainstOtherstoransferofRihtsofRecoverAainstOtherst Tgygo thisendorsementislimitedasfollows: gyg Us–COMMONPOLICYCONDITIONS(BUTs–COMMONPOLICYCONDITIONSBU U(T ( APPLICABLETOONLYTOSECTIONII–APPLICABLETOONLYTOSECTIONII a. Thisinsurancedoesnotapplyonanybasisto – LIABILITY)IABILITY anypersonororganizationforwhichcoverage L) asanadditionalinsuredspecificallyisaddedby Wewaiveanyrightsofrecoverywemayhave anotherendorsementtothispolicy. againstanypersonororganizationbecauseof paymentswemakefor"bodilyinjury","property b. Thisinsurancedoesnotapplytotherendering damage"or"personalandadvertisinginjury"arising oforfailuretorenderany"professional outof"yourwork"performedbyyou,oronyour services". behalf,underacontractoragreementwiththat c. Thisendorsementdoesnotincreaseanyofthe personororganization.Wewaivetheserightsonly D.LiabilityAnd limitsofinsurancestatedin whereyouhaveagreedtodosoaspartofa MedicalExpensesLimitsofInsurance . contractoragreementwithsuchpersonor organizationenteredintobyyoubeforethe"bodily 3.SECTIONIIIH.2.Other Thefollowingisaddedto injury"or"propertydamage"occurs,orthe"personal Insurance–COMMONPOLICYCONDITIONS andadvertisinginjury"offenseiscommitted. (BUTAPPLICABLEONLYTOSECTIONII– LIABILITY) However,ifyouspecificallyagreeinacontractor However,ifyouspecificallyagreeinacontractor ypyg agreementthattheinsuranceprovidedtoanareementthattheinsuranceprovidedtoa gn ALLOTHERTERMSANDCONDITIONSOFTHISPOLICYREMAINUNCHANGED. PPB3040212Page1of1 PSA0002276 Policy Number:RLI Insurance Company Named Insured: Fehr & Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ® RLIPack BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured C. Blanket Additional Insured D. Blanket Waiver Of Subrogation . Blanket Waiver Of Subroation Dg E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair Waiver Of Deductible Î I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage Loss Of Use Î L. Hired Car Worldwide Coverage Î M. Temporary Transportation Expenses N. Amended Bodily Injury Definition Mental Anguish Î O. Airbag Coverage P. Amended Insured Contract Definition Railroad Easement Î Q. Coverage Extensions Audio, Visual And Data Electronic Equipment Not Designed Solely For The Î Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured Ð loss Ñ, provided that the Ð accident Ñ or Ð loss Ñ arises out of the operations contemplated by such contract. SECTION II The following is added to the Î The waiver applies only to the person or COVERED AUTOS LIABILITY COVERAGE, Para- organization designated in such contract. A.1. Who Is An Insured graphProvision: E. Employee Hired Autos Any business entity newly acquired or formed by you 1SECTION II during the policy period, provided you own fifty .The following is added to the Î COVERED AUTOS LIABILITY COVERAGE, percent (50%) or more of the business entity and the A.1. Who Is An Insured business entity is not separately insured for Bus-Paragraph Provision: iness Auto Coverage. Coverage is extended up to a An Ð employee Ñ of yours is an Ð insured Ñ while maximum of one hundred eighty (180) days operating an Ð auto Ñ hired or rented under a following the acquisition or formation of the business contract or agreement in that Ð employee's Ñ entity. name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement. 5.b.Other Insurance Paragraph of the Con- B. Employees As Insureds BUSINESS AUTO CONDITIONS dition in the is SECTION II The following is added to the Î deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b .For Hired Auto Physical Damage Coverage, A.1. Who Is An Insured graphProvision: the following are deemed to be covered Any Ð employee Ñ of yours is an Ð insured Ñ while using Ð autos Ñ you own: a covered Ð auto Ñ you don't own, hire or borrow in (1) Any covered Ð auto Ñ you lease, hire, rent your business or your personal affairs. or borrow; and C. Blanket Additional Insured C. Blanket Additional Insured (2) Any covered Ð auto Ñ hired or rented by SECTION II The following is added to the Î your Ð employee Ñ under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual Ð employee's Ñ name, with your A.1. Who Is An Insured graphProvision: permission, while performing duties related to the conduct of your business. Any person or organization that you are required to However, any Ð auto Ñ that is leased, include as an additional insured on this coverage hired, rented or borrowed with a driver is form in a contract or agreement that is executed by not a covered Ð auto Ñ. you before the Ð bodily injury Ñ or Ð property damage Ñ F. Fellow Employee Coverage occurs is an Ð insured Ñ for liability coverage, but only for damages to which this insurance applies and SECTION II COVERED AUTOS LIABILITY Î only to the extent that person or organization COVERAGE, Exclusion B.5. does not apply if you qualifies as an Ð insured Ñ under the Who Is An have workers compensation insurance in-force SECTION II Insured provision contained in Î covering all of your employees. COVERED AUTOS LIABILITY COVERAGE . G. Auto Loan Lease Gap Coverage The insurance provided to the additional insured will be on a primary and non-contributory basis to the SECTION III PHYSICAL DAMAGE COVERAGE, Î additional insuredÓs own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following: that is executed by you before the Ð bodily injury Ñ or In the event of a total Ð loss Ñ to a covered Ð auto Ñ Ð property damage Ñ occurs. shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a D. Blanket Waiver Of Subrogation . Blanket Waiver Of Subroation Dg covered Ð auto Ñ, less: SECTION IV BUSI- The following is added to the Î 1.PHYSICAL The amount paid under the NESS AUTO CONDITIONS, A. Loss Conditions, DAMAGE COVERAGE section of the policy; 5.Transfer Of Rights Of Recovery Against and Others To Us : 2. Any: We waive any right of recovery we may have against any person or organization to the extent required of a. of Overdue lease/loan payments at the time you by a contract executed prior to any Ð accident Ñ or the Ð loss Ñ; PPA 300 03 13 NamedInsured: ??? ?? ti ??? ???? ? DULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT ? ? ? ? ? ? ” ” ???? ? ? ” ” ?? ” ? ” ? is ? ” ” ” ??? ” (1) ” ? ? (2) ” ? ” ?? ” ? ” ? ” ” ?? ?? ” ? ? ” ? ? ? additional insured’s own business auto coverage if ” ” ? ” ??? ? ?? ? Other ” ss ? ??