23-115.00 Barker Rd/BNSF Grade Separation Project #0143Contract No. 23-115
AGREEMENT FOR PROFESSIONAL SERVICES
David Evans and Associates, Inc -Inventory Bridge Inspection
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State
of Washington, hereinafter "City" and David Evans and Associates, Inc., hereinafter "Consultant," jointly
referred to as "Parties."
IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows:
1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily
complete the Scope of Services, attached as Exhibit A.
A. Administration. The City Manager or designee shall administer and be the primary contact for
Consultant. Prior to commencement of work, Consultant shall contact the City Manager or
designee to review the Scope of Services, schedule, and date of completion. Upon notice from the
City Manager or designee, Consultant shall commence work, perform the requested tasks in the
Scope of Services, stop work, and promptly cure any failure in performance under this Agreement.
B. Representations. City has relied upon the qualifications of Consultant in entering into this
Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill,
and resources necessary to perform the work and is familiar with all current laws, rules, and
regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon
personnel shall be made without the prior written consent of City.
Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for
the timely provision of all professional services required to complete the Scope of Services under
this Agreement.
Consultant shall be responsible for the technical accuracy of its services and documents resulting
therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall
correct such deficiencies without additional compensation except to the extent such action is
directly attributable to deficiencies in City -furnished information.
C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed
by professional consultants engaged in the same profession, and performing the same or similar
services at the time such services are performed.
D. Modifications. City may modify this Agreement and order changes in the work whenever
necessary or advisable. Consultant shall accept modifications when ordered in writing by the City
Manager or designee, so long as the additional work is within the scope of Consultant's area of
practice. Compensation for such modifications or changes shall be as mutually agreed between the
Parties. Consultant shall make such revisions in the work as are necessary to correct errors or
omissions appearing therein when required to do so by City without additional compensation.
2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in
effect until completion of all contractual requirements have been met as determined by City. Consultant
shall complete its work by October 31, 2023, unless the time for performance is extended in writing by
the Parties.
Agreement for Professional Services (with professional liability coverage) Page 1 of 8
Contract No. 23-115
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 a flat fee of $3,000.00, (which includes Washington State
Sales Tax if any is applicable) as full compensation for everything done under this Agreement. 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:
Name: Christine Bainbridge, City Clerk
Phone: (509) 720-5000
Address: 10210 East Sprague Avenue
Spokane Valley, WA 99206
TO THE CONSULTANT:
Name: Jake Menard
Phone: 509-252-5886
Address: 908 N. Howard Street, Suite 300
Spokane, WA 99201
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.
7. Certification Regarding Debarment Suspension and Other Responsibility Matters — Primary
Covered Transactions.
A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief
that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal department or
agency;
2. Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (federal, state,
or local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
Agreement for Professional Services (with professional liability coverage) Page 2 of 8
Contract No. 23-115
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.
8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent
contractor and not the agent or employee of City, that City is interested in only the results to be achieved,
and that the right to control the particular manner, method, and means in which the services are performed
is solely within the discretion of Consultant. Any and all employees who provide services to City under
this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible
for the conduct and actions of all its employees under this Agreement and any liability that may attach
thereto.
9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared
by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure
pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped,
photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise
provided, be deemed the property of City. City shall be permitted to retain these documents, including
reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form
of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute,
and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under
this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product
outside of the scope of its intended purpose.
10. Records. The City or State Auditor or any of their representatives shall have full access to and the right
to examine during normal business hours all of Consultant's records with respect to all matters covered in
this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts
from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters
covered by this Agreement for a period of three years from the date final payment is made hereunder.
11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, representatives, employees, or subcontractors.
A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and
coverages as stated below:
1. Automobile liability insurance covering all owned, non -owned, hired, and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA
0001.
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
Agreement for Professional Services (with professional liability coverage) Page 3 of 8
Contract No. 23-115
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 $1,000,000 per accident and aggregate.
2. Commercial general liability insurance shall be written with limits no less than
$2,000,000 each occurrence, and $2,000,000 general aggregate.
3. Professional liability insurance shall be written with limits no less than $2,000,000 per
claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions. The Consultant's 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 self -insured pool coverage maintained by City shall be
in excess of Consultant's insurance and shall not contribute with it.
2. Consultant shall provide City and all additional insured for this work with written notice
of any policy cancellation within two business days of their receipt of such notice.
3. If Consultant maintains higher insurance limits than the minimums shown above, City
shall be insured for the full available limits of commercial general and excess or umbrella
liability maintained by Consultant, irrespective of whether such limits maintained by
Consultant are greater than those required by this Agreement or whether any certificate of
insurance furnished to the City evidences limits of liability lower than those maintained by
Consultant.
4. Failure on the part of Consultant to maintain the insurance as required shall constitute a
material breach of the Agreement, upon which the City may, after giving at least five
business days' notice to Consultant to correct the breach, immediately terminate the
Agreement, or at its sole discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to City on
demand, or at the sole discretion of the City, offset against funds due Consultant from the
City.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A:VII.
E. Evidence of Coveraue. As evidence of the insurance coverages required by this Agreement,
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
Agreement for Professional Services (with professional liability coverage) Page 4 of 8
Contract No. 23-115
evidencing the insurance requirements of the Agreement before commencement of the work.
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.
However, should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend,
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under
Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination
of this Agreement.
13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power,
right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance
shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded
in this Agreement or by law shall be taken and construed as cumulative and in addition to every other
remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of
this Agreement or to require at any time performance by the other Party of any provision hereof shall in no
way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any
part thereof.
14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the
responsibilities of this Agreement or the benefits received hereunder without prior written consent of the
other Party.
15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for
any of the work contemplated under this Agreement without obtaining prior written approval of City.
16. Confidentiality. Consultant may, from time -to -time, receive information which is deemed by City to
be confidential. Consultant shall not disclose such information without the prior express written consent
of City or upon order of a court of competent jurisdiction.
17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes
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).
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Contract No. 23-115
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. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement,
the Consultant, for itself, its assignees, and successors in interest agrees as follows:
A. Compliance with Regulations. Consultant shall comply with the federal laws set forth in
subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination
in federally -assisted programs as adopted or amended from time -to -time, which are herein
incorporated by reference and made a part of this Agreement.
B. Non-discrimination. 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. 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.
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations, either by competitive bidding, or negotiation made by 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 Consultant of Consultants's obligations
under this Agreement and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
D. Information and Reports. 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, 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.
E. 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:
1. Withholding payments to Consultant under the Agreement until Consultant complies;
and/or
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Contract No. 23-115
2. Cancelling, terminating, or suspending the Agreement, in whole or in part.
F. Incorporation of Provisions. Consultant shall include the provisions of paragraphs of these
Contract Clauses in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto.
Consultant shall take action with respect to any subcontract or procurement as the City or the
WSDOT may direct as a means of enforcing such provisions, including sanctions for
noncompliance. Provided, that if Consultant becomes involved in, or is threatened with litigation
by a subcontractor or supplier because of such direction, Consultant may request that the City enter
into any litigation to protect the interests of the City. In addition, Consultant may request the United
States to enter into the litigation to protect the interests of the United States.
G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the
Consultant agrees 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); and 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 U.S.C. §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 Il 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;
Agreement for Professional Services (with professional liability coverage) Page 7 of 8
Contract No. 23-115
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); and
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 etseq.).
23. 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.
24. Exhibits. Exhibits attached and incorporated into this Agreement are:
A. Scope of Services
B. Insurance Certificates
The Parties have executed this Agreement this day of 6 , 2023 .
CITY OF VOKANE VALLEY Consultant:
gm- �f
John H41inan, City Man r Jake Menard, PE, SE
Its: Authorized Representative
APPROVED AS TO FORM:
Vic orney
Agreement for Professional Services (with professional liability coverage) Page 8 of 8
Exhibit A
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Spkane
,,,;oo4AW]ey.
City of Spokane Valley, WA
Barker Road BNSF Grade Separated Crossing
City Project
Inventory Bridge Inspection
Scope of Services
Prepared by:
David Evans and Associates, Inc.
908 North Howard Street, Suite 300
Spokane, WA 99201
IT"
May 31, 2023
TABLE OF CONTENTS
I. INTRODUCTION............................................................................................................... 1
II. Inspection Criteria........................................................................................................... 1
III. Inspection Software........................................................................................................ 2
DetailedTask Description....................................................................................................... 2
TASK 1 INVENTORY INSPECTION................................................................................ 2
1.1 Project Coordination .............................................Error! Bookmark not defined.
1.2 Bridge Inventory Inspection..................................................................................2
1.3 BridgeWorks Inspection Reporting.......................................................................2
City of Spokane Valley Page i
Barker/BNSF RR Bridge Inspection Services
Scope of Services
May 31, 2023
I. INTRODUCTION
David Evans and Associates, Inc. (DEA) will provide inventory bridge inspection services for the
Barker Road BNSF Grade Separated Crossing for the City of Spokane Valley (CITY)s.
The Barker Road BNSF Grade Separated Crossing is a 3-span prestressed concrete girder with
integral concrete deck superstructure founded on a spread footing foundation. The grade
separated crossing was designed by DEA in 2019 and constructed in 2022. The grade separated
crossing spans the Burlington Northern Santa Fe Corporation (BNSF) single rail with room for
future rail expansion.
The CITY has requested DEA provide a lead inspector for inventory bridge inspection of the new
structure and bridge inventory coding in WSDOT BridgeWorks program.
THE CITY IDENTIFIED THE REQUIRED PROJECT DELIVERABLES:
• Inventory bridge inspection
• Inventory bridge coding in Bridgeworks
KEY PROJECT ASSUMPTIONS:
The following key project assumptions apply to this Scope of Work:
• Under Bridge Inspection Truck will not be required to perform the inspections
• City of Spokane Valley will provide a co -inspector
• CITY will coordinate with BNSF for access to the underside of the grade separated
crossing.
• Most of the initial inventory coding in BridgeWorks has been completed by others.
THIS SCOPE OF SERVICES USES THE FOLLOWING REFERENCES FOR PROJECT TEAM
MEMBERS:
• CITY = City of Spokane Valley - Project Sponsor and owner of facility
• BNSF = Burlington Norther Santa Fe Corporation — Owner and operator of the railway
spanned by the Barker Road Grade Separated Crossing.
• CONSULTANT or DEA = David Evans and Associates, Inc. (Prime Consultant on the
project)
II. Inspection Criteria
DEA will follow the Specifications for the National Bridge Inventory (SNBI) standards for the
National Bridge Inventory (NBI) Barker Road BNSF Grade Separated Crossing.
WSDOT PUBLICATIONS:
• Washington State Bridge Inspection Manual M36-64.13 (February 2023)
U.S. DEPARTMENT OF TRANSPORTATION PUBLICATIONS:
• Bridge Inspectors Reference Manual
City of Spokane Valley Page 1 Scope of Services
Barker/BNSF RR Bridge Inspection Services May 31, 2023
III. Inspection Software
Project deliverables will be developed utilizing the following software packages and associated
versions:
• BridgeWorks - 2023
Detailed Task Description
TASK 1 INVENTORY INSPECTION
1.1 Bridge Inventory Inspection
DEA will provide a lead bridge inspector who will be accompanied by a co -inspector provided by
the CITY to perform the inventory inspection for the new NBI reportable Barker Road BNSF Grade
Separated crossing. The inspection will follow the Washington State Bridge Inspection Manual
and the Federal Highways Administration Bridge Inspector's Reference Manual for inspection
standards. The inspection will confirm the measurements and dimensions from the as -built plans
and document the initial condition of the bridge superstructure and substructure. Photographs of
the deck and elevation views will be taken onsite and of any defects that may be discovered
during the inventory inspection as required by the SNBI.
Assumptions
1. Under Bridge Inspection Truck (UBIT) will not be required
2. Inspectors will have full access to the super and substructure
1.2 BridgeWorks Inspection Reporting
DEA will use the information collected during the field inventory inspection to code the bridge
condition and layout information in BridgeWorks for NBI reporting. DEA will have the co -inspector
for the CITY review the inspection report to provide and comments prior to finalizing the report
with WSDOT. DEA will upload deck and elevation view photographs taken during the onsite
inspections and photographs of defects if discovered during the inventory inspection.
.Deliverables
1. Draft inspection report for review
2. Finalized, signed inspection report
End of Scope of Services
City of Spokane Valley Page 2
Barker/BNSF RR Bridge Inspection Services
Scope of Services
May 31, 2023
ACOR T 0
16.�CC) CERTIFICATE OF LIABILITY INSURANCE 12/1/2023
DATE (MM/DDNYYY)
F6/26/2023
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 Lockton Companies
444 W. 47th Street, Suite 900
Kansas City MO 64112-1906
(816)960-9000
CONTACT
PHONE I
A/C No
E-MAIL
ADDRESS:
kcasu@lockton.com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Zurich American Insurance Company
16535
INSURED DAVID EVANS AND ASSOCIATES, INC.
1330983 2100 S RIVER PARKWAY, SUITE 100
INSURER B : The Cincinnati Insurance Company
10677
INSURER C : Continental Casualty Company
20443
INSURER D : American Guarantee and Liab. Ins. Co.
26247
PORTLAND OR 97201
INSURER E : American Zurich Insurance Company
40142
INSURER F :
COVERAGES MAIN CERTIFICATE NUMBER: 10676651 RFVISInN NIIMRFR- YYXYYYY
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
LTR
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
MM/DDN
POLICY EXP
MM/DD/Y
LIMITS
A
X
_7TED
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE � OCCUR
Y
N
GLO9830389
12/ 1 /2022
12/1 /2023
EACH OCCURRENCE
$ 1,000,000
DAMAGE
PREM SES Ea oTUTEccurrence) ence
$ 1 000 000
MED EXP (Any one person)
$ 1 O O00
PERSONAL & ADV INJURY
$ 11000,000
GEN'L
X
AGGREGATE LIMIT APPLIES PER:
POLICY ❑X JECTPRO- LOC
OTHER:
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2 000 000
$
D
AUTOMOBILE
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY AUTOSULED
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
N
N
BAP9830390
12/1/2022
12/1/2023
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,000
X
BODILY INJURY (Per person)
$ XXXXXXX
BODILY INJURY (Per accident)
$ XXXXyAX
PROPERTY DAMAGE
Per accident
$XXXXXXX
$ XXXXXXX
B
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
N
N
EXS0596384
12/1/2022
12/1/2023
EACH OCCURRENCE
$ 1,000,000
X
AGGREGATE
$ 1,000,000
DED I I RETENTION $
$ XXXXXXX
E
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N
(Mandatory in NH) ❑
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
N
WC9336626
12/1/2022
12/1/2023
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
Is 1000 000
E.L. DISEASE - EA EMPLOYEE
$ 1,000.000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
C
PROFESSIONAL
LIABILITY
N
N
AEH591924704
12/1/2022
12/1/2023
PER CLAIM $3,000,000
ANNUAL AGGREGATE $3,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)
RE: PROJECT NUMBER: 23-115 PROJECT NAME: BARKER ROAD BNSF GRADE SEPARATED CROSSING. CITY OF SPOKANE VALLEY IS AN ADDITIONAL
INSURED AS RESPECTS GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY AND NON-CONTRIBUTORY, IF REQUIRED BY WRITTEN CONTRACT.
19676651
CITY OF SPOKANE VALLEY
ATTN: ROBERT LOCHMILLER
10210 EAST SPRAGUE AVENUE
SPOKANE VALLEY WA 99206
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
01988L9015 ACORD CORPORATION. All rights reserved
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Miscellaneous Attachment: M503337 Certificate ID: 19676651
Additional Insured — Owners, Lessees Or Contractors
— Scheduled Person Or Organization
POLICY NO. GLO 9830389
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
SCHEDULE
Name Of Additional Insured Person(s)
Or Organ izati on(s):
Location(s) Of Covered Operations
Any person or organization you are required to add
Any Location where you have agreed, through a
written contract, agreement or permit, to provide
as an additional insured in a written contract or
Additional insured coverage except where such
written agreement.
Contract or agreement is prohibited by law.
A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)
shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location(s) designated in such
Schedule.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than
service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any
person or organization other than another contractor or subcontractor engaged in performing operations for a
principal as a part of the same project.
All other terms, conditions, provisions and exclusions of this policy remain the same.
U-GL-2169-A CW (02/19)
Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Misceflaneous Attachment: M503356 Certificate ID: 19676651
Additional Insured — Owners, Lessees Or Contractors
— Completed Operations
POLICY NO. GLO 9830389
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):
Location And Description Of Completed Operations
Any person or organization you are required to add
Any location or project where you are required to provide
additional insured status in a written contract or written
as an additional insured under a written contract or
written agreement.
agreement, except where such contract or agreement is
prohibited by law.
Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in
the Schedule of this endorsement, but only with respect to liability for "bodily injury" or "property damage" caused, in
whole or in part, by "your work" at the location designated and described in such Schedule, performed for that additional
insured and included in the "products -completed operations hazard".
All other terms, conditions, provisions and exclusions of this policy remain the same.
U-GL-2168-A CW (02/19)
Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Miscellaneous Attachment: M503490 Certificate ID: 19676651
POLICY NUMBER: GLO 9830389
Other Insurance Amendment - Primary And
Non -Contributory
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
ZURICH
1. The following paragraph is added to the Other Insurance Condition of Section IV - Commercial
General Liability Conditions:
This insurance is primary insurance to and will not seek contribution from any other insurance
available to an additional insured under this policy provided that:
a. The additional insured is a Named Insured under such other insurance; and
b. You are required by a written contract or written agreement that this insurance would be primary
and would not seek contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV -
Commercial General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an
additional insured, in which the additional insured on our policy is also covered as an additional
insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit". This
provision does not apply to any policy in which the additional insured is a Named Insured on such
other policy and where our policy is required by written contract or written agreement to provide
coverage to the additional insured on a primary and non-contributory basis.
All other terms and conditions of this policy remain unchanged.
U-GL-1327-A CW