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18-097.00 Fletcher & Sippel: Railroad Counsel 1 -b°I1 FLETCHER & SIPPEL LLC ATTORNEYS AT LAW 29 North Wacker Drive Phone: (312) 252-1500 Suite 920 Fax: (312) 252-2400 Chicago, Illinois 60606-2832 www.fletcher-sippel.com ROBERT A. WIMBISH (312) 252-1504 rwimhish@fletcher-sippel.com May 21, 2018 Via Email(CDriskell@spokanevallev.org) and FedEx Mr. Cary Driskell City Attorney City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 Re: Proposed Retention of Le2a1 Services— City of Spokane Valley,Washington Dear Mr. Driskell: We appreciate the opportunity to be of assistance to the City of Spokane Valley, Washington (the"City"). Specifically, you have asked us to advise and represent the City in connection with the City's involvement in, and general oversight of, rail infrastructure projects that are underway, or will soon be undertaken, by BNSF Railway Company, Inc. ("BNSF")in and through the City. In particular,the City seeks our assistance in communicating with BNSF and in ensuring that BNSF's projects are coordinated with the City so as to avoid undue traffic impacts,to assess such projects' impacts on public works, and for similar such purposes. When handling work for clients, it is the policy of our firm to put our fee arrangements in writing. My current rate for matters of this kind is $285.00 per hour. To the extent any research or other assistance is needed from other attorneys in the firm,their hourly rates range from$165.00 per hour to $300.00 per hour. These are the current hourly rates we charge for work performed for public authority clients for a project of this kind. We understand that our clients work within budgets and that controlling costs is important. Although we normally adjust our rates annually,we would be agreeable to keeping the above rates in effect through the end of 2019. We do not charge for routine,ordinary expenses(i.e.,on-site copies,faxes, local and long-distance telephone charges,basic computer research,postage and letter-sized Federal Express packages). Any large copying projects would be handled through an off-site copy service with the cost billed to you. Similarly, the cost of any Federal Express package larger than letter-size(or weighing over one pound) and any out-of-pocket or extraordinary expenses that we incur(such as travel or retrieval of documents from the files of the Surface FLETCHER & SIPPEL LLC Mr. Cary Driskell May 21, 2018 Page 2 Transportation Board) would be billed to you and itemized on our statement. As a matter of policy,we strive to keep such expenses to a minimum and, where feasible,discuss them with the client in advance. We issue our statements on a monthly basis and request that payment be made within thirty days. Our statements identify the attorney performing the work,the date and description of the work performed, the amount of time spent(in tenths of an hour),and the applicable hourly rate. Any chargeable expenses are shown separately. Fletcher& Sippel LLC shall for the duration of this attorney-client relationship maintain professional liability insurance with a minimum limit of$1,000,000. Proof of insurance is attached hereto and made part of this engagement letter. If you have any questions concerning these arrangements, or require any additional information,please let me know. If the above accurately sets forth our understanding on this matter,please indicate your acceptance by signing on the line provided below and returning this letter to me for my file. We look forward to working with you on this matter. Very truly yours, ff Robert A. Wimbish RAW/mr Attachments By: ktoik . ' j Date: 5746 A Wesco Insurance Company 5800 Lombardo Center Suite 200 Cleveland, Ohio 44131 P:216.328.6100 F:800.487.9654 WIC-JAC-01(01/11) "READ YOUR POLICY CAREFULLY" This policy is a legal contract between the policy owner and Wesco Insurance Company. In Witness Whereof,the Insurer has caused this Policy to be executed by its authorized officers, but this Policy will not be valid unless signed on the Declarations page by a duly authorized representative of the Insurer. Mailing Address: Wesco Insurance Company 5800 Lombard Center, Suite 200 Cleveland, Ohio 44131 Barry D Zyskind,President Stephen B. Ungar,Secretary WIC-JAC-01(01/11) Wesco Insurance Company LAWYERS PROFESSIONAL LIABILITY 5800 Lombardo CenterFA Suite 200 POLICY DECLARATIONS Cleveland,OH 44131 RENEWAL CERTIFICATE THIS IS A CLAIMS- MADE AND REPORTED POLICY. PLEASE READ THE POLICY CAREFULLY. Policy Number: WPP1024111 06 Renewal of Policy Number: WPP1024111 05 1. Named Insured and Address 2. Policy Period Fletcher&Sippel, LLC Effective Date: April 01,2018 29 N. Wacker Dr. Expiration Date: April 01,2019 Suite 920 Chicago, IL 60606-2832 12:01 A.M.Standard Time at the address of the Named Insured as stated herein. 3. Producer Name Alta Professional Insurance Services 14141 Farmington Road Livonia, MI 48154 4. Limit of Liability (Includes Claim Expenses) $ 5,000,000 Each Claim $ 5,000,000 Aggregate 6. Deductible $ 25,000 Per Claim 6. Premium $ 30,562 Number of Lawyers: 18 NOTE: This renewal Policy will be effective only if the premium Is paid in full and the application is received by the effective date shown in Item 2 above. The renewal will be subject to the provisions of the forms then current, which, if revised durin• the •revious Polio term will be substituted at the time of renewal. 7. Forms Attached at Issue Schedule of Forms Attached. t�J Authorized Representative Date Issued 3/17/2018 WIC-LPL-DEC-02 (05/0515) Page 1 of 1 SCHEDULE OF FORMS ATTACHED NAMED INSURED Fletcher&Sippel, LLC This endorsement, effective 12:01 April 01, 2018 forms a part of Policy WPP1024111 06 A.M. No. Issued by Wesco Insurance Company. FORMS LISTED BELOW ARE INCLUDED IN THIS POLICY WIC-LPL-DEC-02 RENEWAL CERTIFICATE LPL990005 CEOL ENDORSEMENT LPL990014 FIRST DOLLAR DEFENSE ENDORSEMENT LPL990020 RETROACTIVE DATE LIMITATION ENDORSEMENT LPL990021 RETROACTIVE DATE LIMITATION ENDORSEMENT INDIVIDUAL LPL990030IL ILLINOIS AMENDATORY ENDORSMENT LPL-POL-02 POLICY 4:.:_:.,,,...7,,,,,„ ¼\Atorus \\„ _ _....., S'. „, TORUS NATIONAL INSURANCE COMPANY Harborside Financial Center Plaza 5, Suite 2600 Jersey City, New Jersey 07311 (855) 275-6041 FOLLOW FORM EXCESS LIABILITY INSURANCE POLICY NOTICE: THIS IS A CLAIMS-MADE POLICY. EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS POLICY ONLY COVERS CLAIMS FIRST MADE AGAINST THE INSUREDS DURING THE POLICY PERIOD OR, IF APPLICABLE, THE EXTENDED REPORTING PERIOD. PLEASE READ THIS POLICY CAREFULLY. DECLARATIONS POLICY NO: D87854180APL ITEM 1. NAMED INSURED: Fletcher&Sippel, LLC ADDRESS: 29 N.Wacker Dr., Suite 920 Chicago, IL 60606 ITEM 2. POLICY PERIOD: From: April 01, 2018 To:April 01, 2019 (12:01 A.M. local time at the address stated in Item 1.) ITEM 3. LIMIT OF LIABILITY: $5,000,000 Each Claim (inclusive of Defense Costs) $5,000,000 Aggregate (inclusive of Defense Costs) ITEM 4. PENDING& PRIOR LITIGATION DATE: April 01,2018 This Policy follows any Pending & Prior Litigation Exclusion in the Followed Policy, except that the applicable date in such Exclusion shall be the date indicated in this Item 4. ITEM 5. FOLLOWED POLICY: Wesco Insurance Company ITEM 6. UNDERLYING POLICY(IES): Insurer Policy No. Limit of Liability Attachment Wesco Insurance ' WPP1024111 06 $5,000,000 Each Claim —' $25,000 Each Claim Company $5,000,000 Aggregate Deductible ITEM 7. POLICY PREMIUM: $12,600 ITEM 8. RETROACTIVE DATE: April 01, 2018 This Policy follows any Retroactive Date Exclusion in the Followed Policy, except that the applicable date In such Exclusion shall be the date Indicated in this Item 8. TN-EFF-DEC-CW(07.12) Page 1 of 2 VII \\- ITEM ITEM 9. NOTICE TO THE INSURER: A. Address for Notice of Claim or Potential Claim: B. Address for all other Notices: Attn: Torus US Services Claims Office Attn: Torus Group Harborside Financial Center Underwriting Department Plaza Five, Suite 2600 Harborside Financial Center Jersey City, New Jersey 07311 Plaza Five, Suite 2600 Facsimile: (201) 743-7701 Jersey City, New Jersey 07311 Tel: (855)275-6041 Facsimile: (201) 743-7701 Email:claims@torusinsurance.com Tel: (201) 743-7700 ITEM 10. PRODUCER NAME: Founders Professional, LLC ADDRESS: 147 2nd Avenue South, Suite 203 St. Petersburg, FL 33701 These Declarations, together with the Application (including all information furnished by the Insureds in the underwriting of this policy), the attached policy form and any written endorsements thereto, shall constitute the contract between the Insureds and the Insurer("Policy"), The Insurer hereby causes this Policy to be signed by a duly authorized representative of the Insurer. 40.0 • 03-20-2018 AUTHORIZED REPRESENTATIVE DATE TN-EFF-DEC-CW(07.12) Page 2 of 2 IS-097 ® CERTIFICATE OF LIABILITY INSURANCE OATEIMMMDFYYYYI 54ravzals THIS CERTEISISSUED AS A MATTER OF INFORMATION ON AND CONFERS RIGHTS UPON THE CERTIFICATEH DER TH ISBERO .CTEDORRFOTTEF LN NEGATIVELY ASTD,ECNDORALTBRTHECOVERAGEAFFFORDEDBYTHEPHOIESRELRWTHIS CERTIFICATE OC 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 NOMEACr Roberl Larney Hamm Insurance Group,Inc PHONE S EAC Na,Ertl (312)263-3215 FAX (312)2e3-0979 BAIL (ANC,Nal 300 Wacker Drive Ste 1000 ADDRESS bldreey@kdmmgmUp COM INSCRERISI AFFORDING COVERAGE NAIC Cbrcago IL 60806 INSURED INSURERA Wesco Insurance Company Fletcher 8 Sippel LW INSURER INSURER c 29 North Wacker Dr,Siete 500 INSURER D INSURER E Chicago IL 80606 INSURER F COVERAGES CERTIFICATE NUMBER CL194137035 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 INSH LTR TYPE OFINRVRANCE ADM SLUR POLICY NF BOU -E%P IN50 WVG POLICYNUMaER Immioi nsY) (ArtiU reyy) LIMITS COMMERCIAL GENERAL UABons ^ EACH OCCURRENCE 5 CLAIMSMWWE OCCUR CAMAbS rO REN IEU PREMISES 1E4 occurrence/ $ MED EXP{Any one person) $ PERSONAL&NOV INJURY 5 GEML AGGREGATE LIMIT APPLIES PEP f� GENERAL AGGREGATEPOLICY 5 OTHER JECT LOC PRODUCTS-COMPIOP AGG $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY accident) OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS ONLY NAUTOS ON-OWNED BODILY INJURY)Pe,accident) $ AUTOS ONLY AUTOS ONLY PROPE dent) GE (Per accident) $ UMBRELLA LIA0 OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MACE AGGREGATE S RETENTIONDED S WORKERS COMPENSATIONSATION $ PER AND EMPLOYERS LIABILITY VIN STATUTE EOPH ANY ELIIIIVE OFFICERMEMSER EXCLUDED') NIA EL EACH ACCIDENT $ Mandatory In NH/ If DESCRIPTION OF OPERATIONS beldescnbe under owEL DISEASE-FA EMPLOYEE S EL DISEASE-POLICY LIMIT A Lavwers Professional Liability WPP 024111 07 04/01/2019 04/01/2020 ea claim 5,000,000 aggregate 5,000000 DESCRIPTION OF CPERA11ONS I LGCATONS/VEHICLES(ACORD lot,Addsonal Remarks Schedule,may be attached If mon space ie required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS 10210 E Sprague Avenue AUTHORIZED REPRESENTATIVE Spokane Valley WA 99206 I. ..nn J8 )/tel 01988--2015ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/25/2020 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). CONTACT PRODUCER Robert Larney NAME: FAX PHONE Kamm Insurance Group, Inc.(312) 425-2327 (A/C, No): (A/C, No, Ext): E-MAIL 300 S. Wacker Drive Ste 1000blarney@kammgroup.com ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # ChicagoIL60606Wesco Insurance Company INSURER A : INSURED QBE Insurance INSURER B : Fletcher & Sippel LLC INSURER C : 29 North Wacker Dr., Suite 800 INSURER D : INSURER E : ChicagoIL60606 INSURER F : CL2032540757 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. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) ANY AUTOBODILY INJURY (Per person)$ OWNEDSCHEDULED BODILY INJURY (Per accident)$ AUTOS ONLYAUTOS HIREDNON-OWNEDPROPERTY DAMAGE $ (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB OCCUREACH OCCURRENCE$ B EXCESS LIAB 1000000621304/01/202004/01/20215,000,0000 CLAIMS-MADEAGGREGATE$ DEDRETENTION$$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ Lawyers Professional Liability AWPP1024111-0804/01/202004/01/2021ea claim5,000,000 aggregate5,000,0000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 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 10210 E. Sprague Avenue AUTHORIZED REPRESENTATIVE Spokane ValleyWA99206 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD