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09-189.00 Taylor Engineering: Design Engineer SvcsAGREEMENT FOR PROFESSIONAL SERVICES Contract #09 -056 Taylor Engineering, Inc. Design Engineer Services THIS AGREEMENT is made by and between the City of Spokane Valley, a code City ofthe State of Washington, hereinafter "City" and Taylor Engineering, Inc, hereinafter "Contractor," jointly referred to as "parties IN CONSIDERATION of the terms and conditions contained herein the patties agree as follows: I. Work to Be Performed The Consultant will provide all labor, services and material to satisfactorily complete the attached Scope of Services. 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 Work, schedule and date of completion. Upon notice from the City Manager or designee, Consultant shalt commence work, perform the requested tasks in the Scope of Work, stop work and promptly cure any failure in performance under this agreement. B. Representations The City has relied upon the qualifications of the 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 Work. No substitutions of agreed upon personnel shall be made without the written consent of the City. 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. Modifications The City may modify this agreement and order changes in the work whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the 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 December 31, 2010. Either party may terminate this agreement by ten days written notice to the other party. In the event of such termination, the City shalt pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Conmensation The City agrees to pay the Consultant on a time and materials basis up to an amount not exceeding $40,000 in accordance with the attached Schedule ofFees and as full compensation for everything done under this Agreement. 4. Payment The Consultant shall be paid monthly upon presentation ofan invoice to the City. Contract #09.056 — Design Engineer Services — Taylor Engineer, [no Page l of 6 •' Applications for payment shall be sent to the City Clerk at the below stated address. The City reserves the right to withhold payment under this agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City Standards, City ordinances and federal or state standards. 5. Notic e Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Christine Bainbridge, City Clerk Mark Aronson, P.E. (509)921 -1000 (509) 328 -3371 11707 East Sprague Ave, Suite 106 W. 106 Mission Ave. Spokane Valley, WA 99206 Spokane, WA 99201 6. Aoolicable Laws and Standards The parties, in the performance of this agreement, agree to comply with all applicable Federal, State, local laws, ordinances, and regulations. 7. Relationship of the Parties It is understood, agreed and declared that the Consultant shall he an independent Consultant and not the agent or employee of the City, that the 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 the Consultant Any and all employees who provide services to the City under this agreement shall be deemed employees solely ofthe 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. 8. Ownership of Documents All drawings, plans, specifications, and other related documents prepared by the Consultant under this agreement are and shall be the property ofthe City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 9. Record s 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 the Consultant's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 10. Insurance The 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 the Consultant, its agents, representatives, or employees. No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 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. If necessary, the policy shall be endorsed to provide contractual liability coverage. Contract #09.056 — Design Engineer Services— Taylor Engineer, Inc Page 2 of 6 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the 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. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 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 insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Inability and Commercial General Liability insurance: I. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess ofthe Consultant's insurance and shall not contribute with it. 2. Cancellation of Consultant's insurance shall be governed by either: a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City, or b. the Consultant shall provide at least 30 days prior written notice by certified mail, return receipt requested of a cancellation. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Evidence of Coverage. As evidence of the insurance coverages required by this contract, the Consultant shall furnish acceptable insurance certificates to the City at the time the Consultant returns the signed contract. The certificate shall specify all ofthe parties who are additional insureds, and will 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 the City. The Consultant shall be Contract #09.056 — Design Engineer Services — Taylor Engineer, Inc Page 3 of financially responsible for all pertinent deductibles, self - insured retentions, and/or self - insurance. 11. Indemnification and Hold Harmless The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RC W 4 24 115 then, in the event of liability for damages arising out ofbodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, official§; employees, and volunteers, the Consultant's liability hereunder shall be only to the extent ofthe 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 purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 12. Waiver No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any ofthe conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver ofany 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. Faihue ofeither party to enforce at any time any ofthe provisions ofthis 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. 13. ®sslimment and Delegation . Neither party shall assign, transfer or delegate any or all ofthe responsibilities of this agreement or the benefits received hereunder without fast obtaining the written consent of the other party. 14. Subcontracts Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any ofthe work contemplated underthis agreement without obtaining prior written approval of the City. 15. ConfidentialIri Consultant may, from time to time, receive information which is deemed by the City to be confidential. Consultant shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction. 16. Jurisdiction and Venue This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 17. Cost and Attorney's Fees In the event a lawsuit is brought with respect to this agreement, the prevailing parry shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute, Consultant's attorney fees payable by the City shall not exceed the total sum amount paid under this agreement. 18. Entire Agreement This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This agreement may not be changed, modified or altered except in writing signed by the parties hereto. 19. Anti- kickback No officer or employee ofthe City, having the power or duty to perform an Contract 009-056 — Design Engineer Services — Taylor Engineer, Inc Page 4 of 6 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. 20. Business Registration Prior to commencement of work under this agreement, Consultant shall register with the City as a business. 21. Severability If any section, sentence, clause or phrase ofthis 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. 22. Exhibits Exhibits attached and incorporated into this agreement are: 1. Scope of Work 2. Schedule of Fees 3. Insurance Certificates Y � IN WI SS WHEREOF, the parties have executed this agreement this day of ND ye 5'c0'' , 2009. C; VALLEY: 16 avid Mercier, C Manager Consultant: 74 i�7ihr<r�!r9 Z Owner Tax ` pACTED Tax ID No. — ATTEST Christine Bainbridge, City Clerk .. l APPROVED AS TO FORM: O ice of 4e City Attu y This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Contract 409-056— Design Engineer Services —Taylor Engineer, Inc Page 5 of 6 Exhibit 1 Scope of Work Designer Engineer Services Background and Purpose The City of Spokane Valley currently has a temporarily vacant, assistant Engineer position. This position assists the Senior Engineer with the design and construction of street capital projects including storm drainage calculations and ACAD drafting. The City desires to contract with a qualified consultant to provide a contract Design Engineer to provide part time storm drain and road design and plan review support services. Road Design Services Consultant support services entail the designation of an EIT or Professional Engineer with road and storm drain utility design experience to work with city staff and provide day -to -day support in the design and review of street projects. The type of support services includes, but is not limited to, the following: Road Design: Work may include the following: • Prepare horizontal alignments of road projects in ACAD 2010 • Calculate cross - slopes and grades for curb, sidewalk, patchback areas • Draft and assemble miscellaneous detail drawings in ACAD 2010 • Prepare Road Design Report • Estimate project quantities • Prepare cost estimates • Edit specifications • Assemble Contract Provisions Stormwater Work may include the following: Design: • Create stormwater models in accordance to Spokane Regional Storm Water Manual Design stormwater facilities including gutters, grates, inlets, piping, drywells, 208 swales and other BMPs Prepare project stormwater report Miscellaneous Work may include the following: Work: • Prepare spreadsheets for project cost accounting • Prepare letters to various project stakeholders • Assemble, coordinate and expedite ROW purchases and easements • Prepare exhibits, flyers and signs for public information campaigns. • Attend public meetings • Meet with adjacent property owners to proposed construction sites • Review plans for City Designed projects Contract #09 -056 — Design Engineer Services — Taylor Engineer, Inc Page 6 of 6 TAYLOR ENGINEERING, INC. (Spokane, Pullman & CdA Offices) 2009 MINIMUM FEE SCHEDULE ExpertWitness ................................................ ......... ... ............................................................................. $200.00 /hr *Expenses are considered extra. These rates become effective May 1, 2008 F:\Deb\Fee Schedule\2009 \Comdo Fee Schedule.doc Hourly Rate Principal /Project Manager ....................................................................................... ............................... $120.00 Mark Aronson, P.E. $165.00 Stan Stirling ............................... $ 85.00 Ron Pace, P.E. Conventional Surveyor ............................................................................................. Chris Mansfield, P.E. $130.00 ProjectManager ....................................................................................................... ............................... $110.00 Scott Busch, P.E. ATV4- Wheel er ........................................................................................................ Mark Switzer, P.E. Calvin George, P.E. Survey Manager/Project Surveyor ............................................................................ ............................... $95.00 David Seese, PLS ProjectEngineer 11 ................................................................................................... ............................... $95.00 Mike Morse, P.E. Carey Hagen, P.E. Mike Learning, P.E. LandscapeArchitect ................................................................................................ ............................... $95.00 Frank R. Ide, ASLA Sr Land Planner ...................................................................................................... ............................... $95.00 Frank R. Ide, ASLA DesignManager ....................................................................................................... ............................... $90.00 Tom Stirling ProjectSurveyor ...................................................................................................... ............................... $90.00 Darrel Carsten, PLS ProjectEngineer I .................................................................................................... ............................... $90.00 Angela Taylor, P.E. Senior Designer /Construction Engineer .................................................................. ............................... $80.00 Paul Halutmen Design Engineer /Environmental Scientist ...................................... ............................... .........................$80.00 Kevin Ames Lindsay Ray, EIT Erica Amsden, EIT SurveyOffice Technician ........................................................................................ ............................... $75.00 Rik Van Gelder SurveyParty Chief ................................................................................................... ............................... $70.00 Jay Rupp Jesse Velasco Steve Parker Chris Wise LandscapeDesigner ....................... :......................................................................................................... $70.00 Don Renish SeniorEngineering Technician ................................................................................ ............................... $70.00 Gavin Fuhlendorf Andrea Nice Beth DeBoer Inspector.................................................................................................................. ............................... $60.00 Jim Taccogna Don McMurray Autocadd / Engineering Technician ......................................................................... ............................... $60.00 Mike Wright Kevin Gaunt Karl Stirling Administrative Assistant .......................................................................................... ............................... $40.00 Debbie Froewiss Patsy Anderson Janet Sinnott ExpertWitness ................................................ ......... ... ............................................................................. $200.00 /hr *Expenses are considered extra. These rates become effective May 1, 2008 F:\Deb\Fee Schedule\2009 \Comdo Fee Schedule.doc 2 -Man Crew GPS Surveyor ($70 Party Chief + $35 Equipment Charge) .................................... ............................... $105.00 $165.00 Robotic Surveyor ($70 Party Chief + $15 Equipment Charge) .............................. ............................... $ 85.00 $145.00 Conventional Surveyor ............................................................................................. ..............................$ 70.00 $130.00 SurveyAssistant ........................................................................................................ ..............................$ 60.00 ATV4- Wheel er ........................................................................................................ ............................... $75 /Day ExpertWitness ................................................ ......... ... ............................................................................. $200.00 /hr *Expenses are considered extra. These rates become effective May 1, 2008 F:\Deb\Fee Schedule\2009 \Comdo Fee Schedule.doc Client # - 335033 TAY[ nF:Mr: ACORD CERTIFICATE OF LIABILITY INSURANCE DATE °"""' MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 5 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kibble & Prentice, a USI Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 370 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Seattle, WA 98111 A 206 441 -6300 INSURERS AFFORDING COVERAGE NAIC # INSURED Taylor Engineering, Inc. 106 ka Mission Avenue Spokane, WA 99201 INSURERA: Travelers Indemnity Company of CT 25682 INSURER B. Travelers Indemnity Company 25658 INSURER c: Hudson Insurance Company 25054 INSURER D: INSURER E: S1,000 MED EXP (Anyone person) COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM 0 POLICY EXPIRATION DATE EX D LIMITS A GENERAL LIABILITY 68082581-286 02/24/09 02/24110 EACH OCCURRENCE S1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 51 OCCUR DAMAGE TO RENTED mourrencel S1,000 MED EXP (Anyone person) $10,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE s2 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOP AGG $2000000 POLICY X O- JE LOC A AUTOMOBILE LIABILITY ANY AUTO BA82541-171 02/24/09 02/24/10 COMBINED SINGLE LIMIT (Ea ac:ddenl) x1,000,000 X BODILY INJURY (Per peraoN $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per actldent) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per.mdenl) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANYAUTO $ AUTO ONLY AGG B E.XCESSAIMBRELLA LIABILITY CUP8452YB16 02/24109 02/24110 EACH OCCURRENCE $200D000 X OCCUR F-1 CLAIMS MADE AGGREGATE s2,000,000 $ DEDUCTIBLE $ X RETENTION $ 10000 A WORKERS COMPENSATION AND 68082581-286 02/24 /09 02/24110 IT W I R Y S TATU X 0TH- EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIEXECUTIVE (WA Stop Gap) E.L. EACH ACCIDENT S1,000,000 El, DISEASE - EA EMPLOYEE $1 OFFICERIMEMBER EXCLUDED? Ii yes, tlesodbe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional AEE7123204 03/24109 03/24110 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT) SPECIAL PROVISIONS City of Spokane Valley is named as an Additional Insured on the General Liability policy with respects to work being performed by the Named Insured. City of Spokane Valley Attn: Christine Bainbridge, City Clerk 11707 E. Sprague Ave., Suite 106 Spokane, WA 99216 ED ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL RODA MRXR MAIL 'AO_ DAYS WRITTEN TO THE CERTIFICATE HOLDER NAMED TO THE AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) 1 of 2 #S4113943/M3333609 MXTJU O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S ( 200 V 08 ) 2 oft #S4113943/M3333609 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a B. "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury', "property damage" or "personal injury' caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for 'bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The 'bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for 'bodily injury', "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the 'bodily CG D3 8109 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. Client#: 335033 TAYLOENG A CERTIFICATE OF LIABILITY INSURANCE 11/05109 °" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kibble & Prentice, a USI Co. P.O. Box 370 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle, WA 98111 EFFECTIVE DATE IMM DDW) POLICY EXPIRATION DATE MM/DDNY 206 441 -6300 INSURERS AFFORDING COVERAGE NAIC # INSURED (Taylo'rEngineering, Inc. 106 W Mission Avenue Spokane, WA 99201 INSURER A'. Travelers Indemnity Company of CT 25682 INSURER Travelers Indemnity Company 25658 INSURER c: Hudson Insurance Company 25054 INSURER 0: X COMMERCIAL GENERAL LIABILITY INSURER E' COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE IMM DDW) POLICY EXPIRATION DATE MM/DDNY LIMITS A GENERAL LIABILITY 68082581-286 02/24/09 02/24/10 EACH OCCURRENCE $1.000.000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1,000,000 CLAIMS MADE O OCCUR MED EXP (Any me person) $10,000 PERSONAL B ADV INJURY $1000000 GENERAL AGGREGATE s2,000,000 L AGGREGATE LI MIT APPLIES PER PRODUCTS - COMPIOP AGG $2000000 _ I POLICY X jE LOC A AUTOMOBILE LIABILITY ANY AUTO BA82541-171 02/24/09 02/24110 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Par person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO $ AUTO ONLY: AGG B EXCESSIUMBRELLA LIABILITY CUP8452Y816 02/24/09 02/24/10 EACH OCCURRENCE s2,000,000 X OCCUR F1 CLAIMS MADE AGGREGATE s2,000,000 $ $ DEDUCTIBLE is X RETENTION $ 10000 A WORKERS COMPENSATION AND 68082581-286 02/24/09 02/24110 WC STATU- X I C E T H- E.L. EACH ACCIDENT $1 000 000 _ EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICCER/MEERIMEMBER EXCLUDED? - (WA Stop Gap) _ - E.L DISEASE- EA EMPLOYEE 51,000,000 If yes, describe under SPECIAL PROVISIONS below E.L .DISEASE - POLICY LIMIT $1 C Professional AEE7123204 03/24109 03124110 $1,000,000 per claim I OTHER Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Spokane Valley is named as an Additional Insured on the General Liability policy with respects to work being performed by the Named Insured. City of Spokane Valley Attn: Christine Bainbridge, City Clerk 11707 E. Sprague Ave., Suite 106 Spokane, WA 99216 I ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION HEREOF, THE ISSUING INSURER WILL Rtneii RRRRMAIL 'i0_ DAYS WRITTEN TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.MXXB11l0A0M0006QC8t1 X AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) 1 of 2 #S41139431M3333609 MXTJU 0 ACORD CORPORATION 1910 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001/08) 2 of 2 #S4113943/M3333609 r li COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for 'bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a 'contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The 'bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that 'contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have ,against any person or organization because of payments we make for 'bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the 'contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury' offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury' and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. I Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission.