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20-087.00 Simpson Engineers: Pines GSP Contract No.20-087 AGREEMENT FOR PROFESSIONAL SERVICES Simpson Engineers,Inc. THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter"City" and Simpson Engineers, Inc., hereinafter"Consultant,"jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: I.Work to Be Performed. Consultant shall provide all labor,services,and material to satisfactorily complete the Scope of Services,attached as Exhibit B. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant shall contact the City Manager or designee to review the Scope of Services,schedule,and date of completion. Upon notice from the City Manager or designee,Consultant shall commence work,perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability,skill,and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom,and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession,and performing the same or similar services at the time such services are performed. D.Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2.Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 3 I,2021 unless the time for performance is extended in writing by the Parties. Agreement for Professional Services(with professional liability coverage) Page 1 of 16 Contract No.20-087 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $63,598.08 as full compensation for everything done under this Agreement,as set forth in Exhibit C. Consultant shall not perform any extra,further,or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4.Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code,and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name:Christine Bainbridge,City Clerk Name:Ed Simpson,P.E. Phone:(509)720-5000 Phone:(509)926-1322 Address: 10210 East Sprague Avenue Address:909 N.Argonne Road Spokane Valley,WA 99206 Spokane Valley, WA 99212 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs, construction documents,and services shall conform to all federal,state,and local statutes and regulations. City has received a Consolidated Rail Infrastructure and Safety Improvements grant award for the Pines Grade Separation Project("Federal grant"). All City contracts and subcontracts are subject to certain additional federal requirements as part of the Federal grant funding. The City has provided a copy of the Federal grant agreement to Consultant and the Parties agree that Consultant was selected in part because of its ability to comply with applicable Federal grant requirements. Parties agree that Consultant and all subconsultants shall be subject to and comply with all applicable Federal grant award requirements as described in Exhibit A and as may be updated or amended from time to time. The Scope of Services shall be deemed amended if the Parties determine any modification is necessary to ensure compliance with the Federal grant requirements. 7. Certain Certifications — Debarment, Suspension, and Other Responsibility Matters, Drug-Free Workplace,and Other Certifications. A. By executing this Agreement,the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; Agreement for Professional Services(with professional liability coverage) Page 2 of l6 Contract No.20-087 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state,or local)with commission of any of the offenses enumerated in paragraph (A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. C. By executing this Agreement,the Consultant certifies to the best of its knowledge and belief that it and its principals will, or will continue, to provide a drug-free workplace in conformance with the requirements of 49 C.F.R.part 32 by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Consultant's workplace,and specifying the actions that will be taken against employees for violation of such prohibition. 2.Establishing an ongoing drug-free awareness program to inform employees about: (a)The dangers of drug abuse in the workplace; (b)The Consultant's policy of maintaining a drug-free workplace; (c)Any available drug counseling,rehabilitation,and employee assistance programs; and, (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3.Making it a requirement that each employee to be engaged in the performance of work under this Agreement be given a copy of the statement required by paragraph 7(C)(1)above. 4.Notifying the employee in the statement required by paragraph 7(C)(1)that,as a condition of employment for work under this Agreement,the employee will: (a)Abide by the terms of the statement;and Agreement for Professional Services(with professional liability coverage) Page 3 of 16 Contract No.20-087 (b)Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. Notifying the City in writing, within ten calendar days after receiving notice from an employee or otherwise receiving actual notice of conviction.Employers of convicted employees must provide notice,including position title,to the City.The City will provide any such notice to the Federal Railroad Administration as well. 6.Taking one of the following actions,within 30 days of receiving notice with respect to any employee who is so convicted: (a)Taking appropriate personnel action against such an employee,up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b)Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State or local health, law enforcement,or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 7. D. In addition to the certifications above, Consultant shall complete and sign all Certification Documents set forth in Exhibit D and such certifications are hereby incorporated by reference herein. The Consultant shall ensure that such certifications remain in effect for the term of this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved,and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications,and other related documents prepared by Consultant under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written,graphic,mapped,photographic,or visual documents prepared by Consultant under this Agreement shall,unless otherwise provided,be deemed the property of City. City shall be permitted to retain these documents,including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files,for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports,data,drawings,images,or other material prepared under this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for Professional Services(with professional liability coverage) Page 4 of 16 Contract No.20-087 Agreement for a period of three years from the date final payment is made hereunder. Consultant shall retain all records related to all matters covered in this Agreement for a period of three years after completion of project close-out,unless a longer time is requested by City or required by law. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A.Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3.Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. 4.Professional liability insurance appropriate to Consultant's profession. B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 for each occurrence,and$2,000,000 for general aggregate. 3.Professional liability insurance shall be written with limits no less than$1,000,000 per claim and$1,000,000 policy aggregate limit. C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance,self-insurance, or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3. If Consultant maintains higher insurance limits than the minimums shown above,City shall Agreement for Professional Services(with professional liability coverage) Page 5 of l6 Contract No.20-087 be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement,upon which the City may,after giving at least five business days'notice to Consultant to correct the breach,immediately terminate the Agreement,or at its sole discretion,procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to City on demand,or at the sole discretion of the City,offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement,which shall be Exhibit E. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense,defend, indemnify, and hold harmless City and its officers,agents,and employees,from any and all claims,actions,suits,liability,loss,costs, attorney's fees,costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Consultant,Consultant's agents,subcontractors,subconsultants,and employees to the fullest extent permitted by law,subject only to the limitations provided below. Consultant's duty to defend,indemnify,and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Consultant's duty to defend,indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and (b)Consultant, Consultant's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Consultant,Consultant's agents,subcontractors,subconsultants,and employees. Consultant's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection, and all other claim-related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party under workers'compensation acts,disability benefit acts,or other employee benefits acts. Provided,that Consultant's Agreement for Professional Services(with professional liability coverage) Page 6 of 16 Contract No.20-087 waiver of immunity under this provision extends only to claims against Consultant by City,and does not include, or extend to,any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power,right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14.Assignment and Delegation. Neither Party shall assign,transfer,or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. The City permits subcontracts for those items of services as shown in Exhibit B attached hereto and by this reference made part of this Agreement solely as provided in this section. The Consultant shall not subcontract for the performance of any services under this Agreement without prior written permission of the City. No permission for subcontracting shall create,between the City 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 C 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 task order unless a prior written approval has been issued by the City. All reimbursable direct labor,indirect cost rate,direct non-salary costs and fee costs for the sub-consultant shall be negotiated and substantiated in accordance with applicable payment sections of this Agreement herein and shall be memorialized in a final written acknowledgement between the Consultant and sub- consultant, a copy of which shall be provided to the City upon request. 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,including any and all applicable Federal grant and other requirements. Consultant shall make all payments to sub-consultants timely and City shall not be responsible or liable for any missed, late,or withheld payments by Consultant. 16. Confidentiality. Consultant may, from time-to-time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18.Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). Agreement for Professional Services(with professional liability coverage) Page 7 of 16 Contract No.20-087 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties hereto. 20.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement,or have solicited,accepted,or granted a present or future gift, favor,service,or other thing of value from any person with an interest in this Agreement. 21.Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause,or phrase of this Agreement. 23.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Assurance of compliance with applicable federal law. B. Scope of Services C. Fee proposal D. Certification Documents E. Insurance Certificates p_ The Parties have executed this Agreement this`day of rt ,20 20 CIT OF SPOAANE VALLEY Consultant: �;,�,� ,�,,.� L,1g;/►..4 S�Irit� Mark Calhoun,City Manager By: tiel S.r,F;, , S .=1-re.isi-;^2," Its: Authorized Representative ATT S .( iL Christine Bainbridge,City Clerk: APPRO S TO FORM: Office of e City Attorney Agreement for Professional Services(with professional liability coverage) Page 8 of 16 Contract No.20-087 Exhibit A—Assurance of Compliance with Applicable Federal Law During the performance of this Agreement,the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the"Consultant")agrees as follows: 1.Compliance with Regulations:The Consultant shall comply with the federal laws set forth in Section 7 of this Exhibit("Acts and the Regulations")relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation (WSDOT), as they may be amended from time-to-time,which are herein incorporated by reference and made a part of this Agreement. 2.Non-discrimination:The Consultant,with regard to the work performed by it during this Agreement,shall not discriminate on the grounds of race,color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21. 3.Solicitations for Subcontracts,Including Procurements of Materials and Equipment:In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. 4.Information and Reports:The Consultant shall provide all information and reports required by the Acts,the Regulations,and 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 City or the WSDOT to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information,the Consultant shall so certify to the City or the WSDOT,as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including,but not limited to: a. withholding payments to the Consultant under the Agreement until the Consultant complies;and/or b.cancelling,terminating,or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions:The Consultant shall include the provisions of paragraphs one through six of this Exhibit in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts,the Regulations and directives issued pursuant thereto.The Consultant shall take action with respect to any subcontract or procurement as the City,WSDOT,USDOT,or Federal Railroads Administration may direct as a means of enforcing such provisions,including sanctions for noncompliance. Provided,that if the Consultant becomes involved in,or is threatened with litigation by a subcontractor or supplier because of such direction,the Consultant may request that the City enter into any litigation to protect the interests of the City. In addition,the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 7.Pertinent Non-Discrimination Authorities:During the performance of this Agreement,the Consultant agrees Agreement for Professional Services(with professional liability coverage) Page 9 of 16 Contract No.20-087 to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);23 CFR Part 200;49 CFR Part 21; and 49 Part 26. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973,(23 U.S.C.§324 et seq.),(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975,as amended,(42 U.S.C. §6101 et seq.),(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing entities(42 U.S.C.§§12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin,and sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures Non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance,national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg.at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.); Agreement for Professional Services(with professional liability coverage) Page 10 of 16 Contract No.20-087 49 U.S.0§306,which prohibits discrimination on the basis of race,color,national origin,or sex in railroad financial assistance programs;and RCW 49.60.180 Any other nondiscrimination regulation implemented related to any of the prior above stated statutes,any other nondiscrimination Executive Order implemented related to the above stated statutes,any USDOT Order implemented related to nondiscrimination,and any other applicable federal laws,regulations,requirements, and guidance prohibiting discrimination. 8. Compliance with 2 C.F.R.Part 200,Uniform Administrative Requirements,Cost Principles and Audit Requirements:This Agreement shall be subject to 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards and the United States Department of Transportation implementing regulations at 2 C.F.R.Part 1201 (see 2 C.F.R.§200.101),and such provisions are incorporated by reference herein. 9. Compliance with Subconsultant provisions of Consolidated Rail Infrastructure and Safety Improvements Cooperative Agreement between City and USDOT Federal Railroad Administration, Agreement No.69A36520501240CRSWA("CRISI Agreement"):Consultant has read CRISI Agreement,is familiar with,and agrees to comply with all provisions applicable to City's subconsultants therein. All provisions of the CRISI Agreement applicable to City's subconsultants are hereby incorporated by reference herein. 10. Prohibition in Trafficking in Persons: Consultant and any subconsultant shall not(a)engage in sever forms of trafficking in persons during the period of this Agreement;(b)procure a commercial sex act during the period of time that the award is in effect,or(c)use forced labor in the performance of this Agreement. This Agreement shall be terminated if Consultant, subconsultant,or any of their employees,officers,or officials is determined to have either violated any provision of this paragraph directly or through such conduct is imputed to the City or Consultant pursuant to the standards set forth in 2 C.F.R.part 180,as implemented at 2 C.F.R.part 1200. Consultant and any subconsultants shall notify the City immediately if they receive information from any source alleging a violation of this paragraph during the term of this Agreement. 11. DBE Requirements: This Agreement is not subject to a mandatory Underutilized Disadvantaged Business Enterprises("UDBE")goal. In the absence of a mandatory UDBE,the Consultant shall continue their outreach efforts to provide SBE firms maximum practicable opportunities. 12. Federal Railroad Administration Review: The Federal Railroad Administration shall have the right to participate in the review of examination of any services provided as part of this Agreement or sub-agreement while such services are in progress or upon completion. Agreement for Professional Services(with professional liability coverage) Page 11 of 16 Exhibit B Scope of Services Pines Road/BNSF Grade Separation TOPOGRAPHIC SURVEYING AND BASEMAPPING All work described below will be completed by Simpson Engineers unless specified otherwise. Develop Control Network Control Network Planning, Research, and Office Preparation Simpson Engineers will develop a control network plan before performing any field work per WSDOT standards (Section 13-03 of Highway Surveying Manual). Meetings will be held with the survey team and project manager. Following these meetings, a control plan will be developed. The project surveyor will research CITY, previous project control, FEMA Benchmarks, NGS datasheets and WSDOT records to determine the availability of existing control in the project area. The project surveyor will then conduct a meeting with the party chief to develop a plan to recover necessary existing control. Development of GPS Control Network Simpson Engineers will utilize RTK GPS surveying and continuously operating Washington Virtual Reference Network in conjunction with a level circuit ran through all control monuments to establish a primary control network throughout the project corridor. Simpson Engineers will carefully develop a localized projection so that ground distances are maintained throughout the project. WSDOT standard vertical and horizontal datum, NAD83 (2011) Epoch 2010 and NAVD88 (GEOID12B) will be utilized. Control coordinates will be reported in Washington State Plane North Zone and a conversion factor will be provided for future translations. Distances will be reported in ground distances. Primary control points will be used to develop the overall control network placed within the project limits through the entire project site. These points will be monumented with #4 Rebars with plastic caps and marked with corresponding control point number. Up to eight (8) points are anticipated and will be set in locations beyond the anticipated disturbance area to the extent feasible. Vertical Control Simpson Engineers will establish vertical elevations from a local NGS Monument or WSDOT monument with a published NAVD88 elevation on multiple monuments throughout the project corridor using optical levels on horizontal control monuments established during the GPS Control Network effort and project this elevation across the previously established control network. 1 Scope of Services Pines Road/BNSF Grade Separation ` 1, ..R`r'fills.. M�"•.� 'w a"""33 -..-+ T`1",..-'C A .:,if t., `, ,. Able liti , ____7 'a 1 1 ir - -__t..„, ."' a '. 3 '_ '_ - .f a Arv# r •tit, ; 44 r— of . .2 ' , , 1 n , 1 Lis L _r ,, 1, , . t y4 t. .ogleEarth - (Mapping and Right of Way Boundary Limits in orange—Rail extents in whites) Topographic Surveying Simpson Engineers will perform the topographic surveying for the project limits as shown in the image above. This will include approximately 1800 linear feet of State Route 290 (Trent Avenue) at Pines Road; 1,400 linear feet of Pines Road, 800 linear feet of Portland Ave, 660 linear feet of Empire Way/Empire Lane, and 700 linear feet of Cement Road within the project limits. The mapping will encompass the area shown in the survey limit exhibit above, utilizing conventional surveying methodology. Note: The topographic surveying portion within the BNSF Right of Way including approximately 2600 linear feet of top of rail (±1000 feet east&west of Pines Road) is excluded from this City of Spokane Valley work scope and will be included with HDR's scope of work for phase 2 design. Conventional Survey Methodology- Simpson Engineers will utilize Robotic Total Station to gather surveying data. Utility information will be collected with conventional methods for areas as specified under the utility section below. Supplemental Topographic Surveying Simpson Engineers will provide supplemental topographic surveying when needs arise during the design process. This may be adding on to existing topographic information, providing topographic information for additional surface features, etc. 2 Scope of Services Pines Road/BNSF Grade Separation Utilities Utility locations will be based on above ground evidence and as located by the utility purveyor. One Call Underground Locates will be called prior to the execution of the field work. It is assumed that the utility providers will mark their lines within the project area and that these lines can be recovered by Simpson Engineers survey crews. These lines will be shown on the topographic map and identified. Simpson Engineers will only obtain survey point data on the paint marks provided by the public one-call locator service. Simpson Engineers will obtain rim elevations and dip manholes in the project area to determine pipe inverts. Basemapping Simpson Engineers will compile acquired mapping data and developed in the preceding tasks into a topographic map. The topographic map will be developed in AutoCAD Civil 3D in accordance with the COSV standards. One foot contours will be developed as needed for design plans from the mapping data. Note: All Basemapping including the topographic surveying within the BNSF ROW (included with HDR's scope of work for phase 2 design) will be completed with the City of Spokane Valley scope of work. ASSUMPTIONS 1. Limits of mapping area as per exhibit. 3 Scope of Services Pines Road/BNSF Grade Separation Boundary/Right-of-Way Surveying . � m - ``'' „... ` .�' , ti om4 + -p ows. Is ,,... , .........„ c (401„,--A, , licsea----...„- --- or-- _ ._ , ..,_ , a, 0,0,-__ - ,z.----- --.._,_ . ___,,,. .- --..:„. . ----.\ - .. . _,.._ _ . ---4, - -, - -„,,,,i-ip•wf—ye-I, VIP /% • r r„r.a �;�r.iir a'/x ✓ 7 "t: 1 /" .,•t °yam.- *�1, q i m # � r .. . -� . ! °fir L' r -ems �`� . ir:/ . = Yam (ROW and Design Exhibit) Research Simpson Engineers will develop names and parcel information and order title reports. Simpson Engineers will research and analyze the following to determine the locations of the existing City of Spokane Valley, Spokane County, WSDOT and BNSF railroad rights of way boundaries within the project limits: Transfer Deeds Right-of-Way Plans Records of Survey Subdivision plats Unrecorded maps Land Corner Records Railroad Right-of-Way Deeds of Record 4 Scope of Services Pines Road/BNSF Grade Separation Simpson Engineers will consult with the CITY regarding any determined gaps and overlaps on the right-of-way. Research will be sufficient enough to re- establish the right-of-way of BNSF, Pines Road, SR 290, E Pinecroft Way, and E Empire Way within the project limits and adjacent parcel boundaries. Title Report Review Simpson Engineers will order and review title reports adjacent parcels. Simpson Engineers will identify supporting title documents that will need to be obtained based on a review of the title reports. This could include items such as easement documents, quit claim deeds, or other items that affect land title. Field Survey Simpson Engineers will field review the project site and search for and make field ties on right-of-way monuments within the project corridor along the BNSF right- of-way, SR 290, and the other roadways listed above. Simpson Engineers will also make field ties on adjacent monuments and significant monuments that are shown by record to exist along the right-of-way and boundary, (i.e. subdivision corners) to verify harmony along the boundary and identify if conflicts exist. The intent of this field survey will be to identify field evidence sufficient enough to determine the right-of-way of BNSF, Pines Road, E Pinecroft Way, and E Empire Way within the project limits and the adjacent parcel boundaries. Develop Right-of-Way Determination Simpson Engineers will perform a preliminary determination of the researched documents to calculate and prepare search coordinates and maps for the right- of-way field survey. After the field survey and existing monuments are located and tied in the field, a final boundary determination of the right-of-way and centerline alignment of BNSF, Pines Road, SR 290, E Pinecroft Way, and E Empire Way will be performed by careful analysis of the researched documents and their relation to the monuments recovered in the field. Prepare and File Retracement Record of Survey Simpson Engineers will prepare, set missing monuments and file a retracement Record of Survey with initial findings and existing boundary calculations and determinations for existing right-of-way and property lines. The Record of Survey will be reviewed by the CITY before filing with Spokane County. Set Monuments for Retracement Survey Simpson Engineers will set missing and required monumentation used to calculate and create a determination on the existing right-of-way within the project site area. Final Basemapping Simpson Engineers will import the right-of-way lines, parcel sidelines, centerline alignments, and tied monuments into the project's existing basemapping. 5 Scope of Services Pines Road/BNSF Grade Separation DELIVERABLES 1. CiviI3D 2018 AutoCAD DWG file with the completed base map with 1-foot contour mapping, a DTM, tied monumentation, and boundary linework for design purposes. 6 DOCUMENTS REQUIRING THIRD-PARTY NOTIFICATION PRIOR TO PUBLIC DISCLOSURE The page(s) entitled "Exhibit C" contain(s) confidential cost and rate data and is (are) 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. Pursuant to the Washington Public Records Act (RCW 42.56), the City has determined that this record may be available for disclosure upon request for review by a third party. However, pursuant to RCW 42.56.520 and RCW 42.56.540, the City has determined it is appropriate to provide the contracting entity notification of any request for this record to allow them time to determine if they wish to seek to obtain a court order requiring the record to be withheld. Please contact the City Public Records Officer at (509) 720-5102 or visit our website at www.spokanevalley.org to complete a Public Record Request to receive a copy of this record. Contract No.20-087 Exhibit D—Certification Documents Exhibit D-I Certification of Consultant Exhibit D-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters Exhibit D-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit D-4 Certification of Current Cost or Pricing Data Agreement for Professional Services(with professional liability coverage) Page 12 of 16 Contract No.20-087 Exhibit D-1 Certification of Consultant I hereby certify that I the duly authorized representative of the firm of 77 i whose address is 11 c7, i,/'4 `l`i z! and that neither the above firm nor I have: I.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; 2.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 3.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 may be furnished to the Federal Railroad Administration and/or USDOT in connection with this Agreement involving participation of FRA funds, and is subject to applicable State and Federal laws,both criminal and civil. Consultant(Firm Name) � /, --- 41z � ; Signature(Authorized Official of Consultant) Date Agreement for Professional Services(with professional liability coverage) Page 13 of 16 Contract No.20-087 Exhibit D-2 Certification Regarding Debarment,Suspension,and Other Responsibility Matters 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 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 statutes 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 (I)(b) of this certification; and d) Have not within a three year period preceding this application/proposal had one or more public transactions(Federal,State,and local)terminated for cause or default. 2. 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. Consultant(Firm Name) i .-- , 4fZl Z () ( j/1,-,---- Signature(Authorized Official of Consultant) Date Agreement for Professional Services(with professional liability coverage) Page 14 of 16 Contract No.20-087 Exhibit D-3 Certification Regarding Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this certification, 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$1 00,000,and that all such sub-recipients shall certify and disclose accordingly. p . . .S , T►c . Consultant(Finn Name) ,,`_— 4/a l %z u Signature(Authorized Official of Consultant) Date Agreement for Professional Services(with professional liability coverage) Page 15 of 16 Contract No.20-087 Exhibit D-4 Certificate of Current Cost or Pricing Data This is to certify that,to the best of my knowledge and belief,the cost or pricing data(as defined in section 2.101 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15.403-4)submitted,either actually or by specific identification in writing,to the City in support of the matters covered in this Agreement, are accurate,complete,and current as of the date of this Agreement. This certification includes the cost or pricing data supporting any advance Agreements and forward pricing rate Agreements between the offeror and the Government that are part of the proposal. Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement for Professional Services(with professional liability coverage) Page 16 of 16 -4c7c3° CERTIFICATE OF LIABILITY INSURANCE Exhibit E DATE(MM/DD/YYYY) 04/22/2020 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 be endorsed. If SUBROGATIONIS 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 CONTACT ALLIANT INSURANCE SERVICES INC/PHS NAME: 52802465 PHONE (866)467-8730 FAX (888)443-6112 (A/C,No,Ext): (A/C,No): The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio,TX 78251 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Casualty Insurance Company 29424 Clarence E Simpson Engineers Inc DBA Simpson Engineers Inc. INSURER B: 909 N ARGONNE RD INSURER C: SPOKANE WA 99212-2791 INSURER D: 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 LTR INSR WVD IMMIDD/YYYYI IMM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED $300,000 PREMISES)Ea occurrence) X General Liability MED EXP(Any one person) $10,000 A X 52 SBA PJ6656 04/01/2020 04/01/2021 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE $2,000,000 POLICY X PRO- LOC PRODUCTS-COMP/OP AGG $2,000,000 JECT OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) A ALL OWNED SCHEDULED 52 UEC UR0799 04/01/2020 04/01/2021 BODILY INJURY(Per accident) AUTOS AUTOS_ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS X AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS- AGGREGATE $1,000,000 A MADE 52 SBA PJ6656 04/01/2020 04/01/2021 DED X RETENTION$ 10,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY YIN E.L.EACH ACCIDENT $1,000,000 A PROPRIETOR/PARTNER/EXECUTIVE N/A 52 SBA PJ6656 04/01/2020 04/01/2021 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below EMPLOYMENT PRACTICES Each Claim Limit $5,000 A 52 SBA PJ6656 04/01/2020 04/01/2021 LIABILITY Aggregate A re ate Limit $5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Those usual to the Insured's Operations.City of Spokane Valley is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy.PROJECT:Pines Road/BNSF Grade Separation Project-City of Spokane Valley,Contract Agreement No.20-087 CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 10210 E SPRAGUE AVE BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED SPOKANE VALLEY WA 99206-3682 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 4/28/2020 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). PRODUCER CONTACT NAME: Heather Hams Hall&Company PHONE FAX 19660 10th Ave NE (A/C,No,Ext):360-598-5026 INC.No):360-598-5026 Poulsbo WA 98370 ADDRess: hharris@hallandcompany.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:RLI INSURANCE COMPANY 13056 INSURED CLARESI-01 Clarence E Simpson Engineers Inc INSURERS: 909 North Argonne Road INSURER C: Spokane Valley WA 99212 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1170201572 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W M/ LIMITS LTRINSD VD POLICY NUMBER (MMIDDIYYYY) (MDD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab;Claims Made RDP0034949 1/1/2019 1/1/2021 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured Status is not available on Professional Liability Policy. 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 10210 E Sprague Ave AUTHORIZED REPRESENTATIVE Spokane Valley WA 99206 40.34nt avec ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 2oO87 SIMPENG-01 CGARRISON .a►C'oRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `.•-� 3/26/2024 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 CONTACT Cherie A Garrison NAME: Basin Pacific Insurance&Benefits PHONEFAX PO Box 940 (A/c,No,Ext):(509)765-4785 (A/C,No):(509)766-7857 Moses Lake,WA 98837 ADDRESS:cgarrison@basinpacific.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Cincinnati Casualty Company 28665 INSURED INSURER B: Clarence E Simpson Engineers Inc INSURERC: 909 N Argonne Rd INSURERD: Spokane,WA 99212 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD(YYYYL, A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR EPP0610435 4/1/2024 4/1/2025 PREMIETORENTED 500,000 XPREMISES R 000urrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO-JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY (Ea accident) $ X ANY AUTO X EPP 0610435 4/1/2024 4/1/2025 BODILY INJURY(Per person) $ _ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY� INJURYp (Per accident) $ AUTOS ONLY _ NON S ONLY (Per acc dent)AMAGE A X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE X EPP 0610435 4/1/2024 4/1/2025 AGGREGATE $ DED RETENTION$ $ 2,000,000 A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER EPP 0610435 4/1/2024 4l1/2025 1,000,000 ANY OFFICE / EMBE CUD PROPRIETOR/PARTNER/EXECUTIVE N 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 $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Spokane Valley is named as Additional Insured. RE: Project: Pines Road/BNSF Grade Separation Project-City of Spokane Valley,Contract#20-087 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 UTf. AUTHORIZED REPRESENTATIVE ^ ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/25/2023 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 CONTACT NAME: Sarah FISII AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 360-626-2961 19689 7th Avenue NE STE 183, PMB#369 (A/C.No.Extl: (A/C,No):360-626-2961 Poulsbo WA 98370 ADDRESS: sarah.fish@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURER A:Hudson Insurance Company 25054 INSURED CLARESI-01 INSURER B: Clarence E Simpson Engineers Inc 909 North Argonne Road INSURER C: Spokane Valley WA 99212 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1247526070 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE RENTED $ CLAIMS-MADE OCCUR PREMISESO(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab;Claims Made PRB0619117962 1/1/2024 1/1/2025 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured Status is not available on Professional Liability Policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Proof of Insurance ACCORDANCE WITH THE POLICY PROVISIONS. 909 N Argonne Rd Spokane Valley WA 99212 AUTHORIZED REPRESENTATIVE United States ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD