10-005.00 David Evans and Associates: Traffic Signal Control AnalysisAGREEMENT FOR PROFESSIONAL SERVICES
David Evans and Associates, Inc.
Contract No. 10 -005
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 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 shall 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 mutually agreed to 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 negligent
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 S`, 2010.
Either party may terminate this agreement by ten days written notice to the other party. In the
event of such termination, the City shall pay the Consultant for all work previously authorized and
satisfactorily performed prior to the termination date.
3. Compensation All work will be charged on a time and materials basis per Exhibits A and B.
The City agrees to pay the Consultant up to $ 40,000 as full compensation for everything
done under this agreement. If the City requests work which will exceed this amount, Consultant will stop work
immediately and notify the City. Consultant will not proceed with any Work exceeding this amount without
receiving written authorization from the City.
Agreement for Professional Services 10 -005 Page 1 of 5
Col v- oo5
4. Payment The Consultant shall be paid monthly upon presentation of an invoice to the City.
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 for work which is determined in
the reasonable judgment of the City Manager or designee to be noncompliant with accepted industry standards.
5. Notice Notice shall be given in writing as follows:
TO THE CITY TO THE CONSULTANT
Name: Christine Bainbridge, City Clerk
Phone Number: (509)921 -1000
Address: 11707 East Sprague Ave, Suite 106
Spokane Valley, WA 99206
Name: Sean Hoisington
Phone Number: (208) 762 -2200
Address: David Evans and Associates,
663 W. Canfield Ave., Coeur d'Alene, ID 83815
6. Applicable 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 be
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 of the 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 Upon final payment for each invoice, all drawings, plans,
specifications, and other related documents prepared by the Consultant under this agreement are and shall be
the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public
record laws.
9. 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 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 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:
Agreement for Professional Services 10 -005 Page 2 of 5
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.
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 Liability and
Commercial General Liability insurance:
1. 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 of the 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.
Agreement for Professional Services 10 -005 Page 3 of 5
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 of the 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
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 reasonable attorney fees, to the extent arising out of the negligent acts, errors or
omissions or willful misconduct of the Consultant, it's agents, officers, directors or employees.
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 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 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 of the conditions or provisions of this agreement. No waiver in one
instance shall be held to be 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.
13. 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 first obtaining the written consent
of the other party.
14. Subcontracts Except as otherwise provided herein, the Consultant shall not enter into
subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of
the City.
15. Confidentiality 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 party shall be awarded its costs and attorney's fees in the amount to be determined by the Court
as reasonable.
Agreement for Professional Services 10 -005 Page 4 of 5
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 of the 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.
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 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.
22. Exhibits Exhibits attached and incorporated into this agreement are:
1. Scope of services
2. Insurance Certificates
executed this agreement this 5 day of
IN WITNESS WHEREOF, the parties have gr y
, 2010.
CITY OF SP NE VALLEY: Con ant:
xiG
David Mercier ty Manager _ _
Tax ID No. REDACTED
ATTEST. -) APPROVED AS TO FORM:
4A 7 b--4w
Bainbridge, City Clerk Office Athe City Attorney
rhas dment cntains confidential tax information and
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.
Agreement for Professional Services 10 -005 Page 5 of 5
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled "Provision of Hourly Traffic Engineering Services" contains confidential cost
and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F).
Prenotification; confidentiality of data A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
You may petition for a review of our findings pertaining to any redacted or withheld documents
pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Exhibit A-
Scope of Services
Consultant staff will be provided to the City for performing the following duties:
❑ Building Synchro files and running analyses
❑ Operational analysis for requested changes to unsignalized intersection control
❑ Analysis of signal mastarm loading
❑ Coordination and collection of intersection traffic counts (counted by DEA staff or
through a subcontractor)
❑ Organizing citizen requests, data entry and initial determination of follow -up
requirements /needs
❑ VISSIM micro - simulation development
❑ Drafting of signing/striping plans, signal plans, and traffic control plans in AutoCAD
❑ Additional drafting as needed
❑ Preparing final reports on flashing school beacon effectiveness for grant purposes
❑ Land surveying services
❑ Other services as needed and directed by the City
Using the charge rates shown in Exhibit B, DEA will charge the City on a time and materials
basis up to a not -to- exceed amount of $40,000.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled "Standard Fee Schedule" contains confidential cost and rate data and is
withheld from public disclosure pursuant to 23 USC 112(2)(F).
Prenotification; confidentiality of data A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
You may petition for a review of our findings pertaining to any redacted or withheld documents
pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
AG' JRQ► dm
CERTIFICATE OF LIABILITY INSURANCE DATE 111 7 D /2009 )
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PRODUCER
Aon Risk insurance Services West, Inc.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
X COMMERCIAL GENERAL LIABILITY
Po rtl and Oregon Office
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
851 sw 6th Avenue
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
Suite 385
COVERAGE AFFORDED BY THE POLICIES BELOW.
Portland OR 97204 -1309 USA
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INSURERS AFFORDING COVERAGE
NAIC #
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INSURED
WSURERA: Travelers Property Cas Co of America
25674
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David Evans and Associates Inca
INSURER& Lexington insurance Company
19437
320 SW upper Terrace Drive #200
GENERALAGGREGATE
52,000,000
INSURERC; Charter oak Fire Ins co
25615
send OR 97702 USA
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PRODUCTS - COMP/OP AGO
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COVERAGES SIR applies per terms and conditions of the policy
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
P- 810- 22601078-TIL -09
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
12/01/2010
AGGREGATE LIMITS SHOWN MAY HAVE BEN REDUCED BY PAID CLAIMS LIMITS SHOWN ARE AS REQUESTED
IN.SR
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POLICY NUMBER
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SCHEDULED AUTOS
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DATE(MM
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630226D1078
12/01 /2009
12/01/2010
EACH OCCURRENCE
$1,000,000
GE LIABILITY
ANY AUTO
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OCCUR ❑ CLAIMS MADE
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/ PARTNER / EXECUTIVE
OFFICERIMEMBER EXCLUDED?
(Mandatary is NH)
If ym deambe wdcr SPECIAL PROVISIONS below
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Archit&Eng Prof
AUTO ONLY - EA ACCIDENT
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AUTO ONLY:
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EACH OCCURRENCE
M RY LIMITS I IER
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E:. DISEAS &EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
$750,000
DESCRIPTION OF OPERATIONSRACA 'fIONS/VEHICLF.SIE)ICLUSIONS ADDED BY ENDORSEMENT/SPEC &L PROVISIONS
RE: Spokane valley Traffic services.
certificate Holder is included as an Additional Insured with respect to General Liability. coverage is primary &
non - contributory.
CERTIFICATE HOLDER CANCELLATION
city of Spokane valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION
Attn: Inga Note PE DATE THEREOF, THE ISSUING INSURER WILLENDS"ORTO MAIL
11707 E Sprague Avenue #106 30 DAYSWRITTENNOTICETOTHECERTIFICATEHOLDERNAMEDTOT11ELEFT.
OR 6"16FN
Spokane valley WA 99206 USA
AUTHORIZED REPRESENTATIVE aQC
ACORD 25 (2009/01) 0191-2009 ACORD CORPORATION. All rights reserve
The ACORD name and logo are registered marks of ACORD
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PERSONAL & ADV INJURY
$1,000,000
GENERALAGGREGATE
52,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGO
S2 , 000, OOO
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AUTOMOBILE LIABILITY
P- 810- 22601078-TIL -09
12/01/2009
12/01/2010
COMBINED SINGLE LIMIT
X ANY AUTO
(Ea acadca<)
S1,000,000
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(1'a paten)
HIRED AUTOS
BODILY INJURY
NON OWNED AUTOS
(Pa axidem)
Comp Deductible - S1,000
PROPERTY DAMAGE
Coll Deductible - $1.000
(Per accidem)
GE LIABILITY
ANY AUTO
ISS / UMBRELLA LIABILITY
OCCUR ❑ CLAIMS MADE
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/ PARTNER / EXECUTIVE
OFFICERIMEMBER EXCLUDED?
(Mandatary is NH)
If ym deambe wdcr SPECIAL PROVISIONS below
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Archit&Eng Prof
AUTO ONLY - EA ACCIDENT
OTHER THAN E A ACC
AUTO ONLY:
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EACH OCCURRENCE
M RY LIMITS I IER
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E:. DISEAS &EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
$750,000
DESCRIPTION OF OPERATIONSRACA 'fIONS/VEHICLF.SIE)ICLUSIONS ADDED BY ENDORSEMENT/SPEC &L PROVISIONS
RE: Spokane valley Traffic services.
certificate Holder is included as an Additional Insured with respect to General Liability. coverage is primary &
non - contributory.
CERTIFICATE HOLDER CANCELLATION
city of Spokane valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION
Attn: Inga Note PE DATE THEREOF, THE ISSUING INSURER WILLENDS"ORTO MAIL
11707 E Sprague Avenue #106 30 DAYSWRITTENNOTICETOTHECERTIFICATEHOLDERNAMEDTOT11ELEFT.
OR 6"16FN
Spokane valley WA 99206 USA
AUTHORIZED REPRESENTATIVE aQC
ACORD 25 (2009/01) 0191-2009 ACORD CORPORATION. All rights reserve
The ACORD name and logo are registered marks of ACORD
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PRODUCER
Aon Risk Insurance Services west, Inc.
Portland Oregon office
851 sw 6th Avenue
Suite 385
Portland OR 97204 -1309 USA
-HONF.(503) 224 -9700 FAX -(503) 295 -0923
INSURED
David Evans and Associates Inc.
320 Sw upper Terrace Drive #200
Bend OR 97702 USA
]THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON'PHE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR AL'T'ER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: Farmington casualt Company 41483
INSURER B:
INSURER C:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY FEItIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C13RTMCATE MAYBE 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. LIMITS SHOWN ARE AS REQUESTED
TYPE OF INSURANCE
RAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [:] OCCUR
GENT. AGGREGATE LIMIT APPLIES PER
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MOBILE LIABfLr Y
ANY AUTO
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COMBINED SINGLE LIMIT
(FA WCidem)
BCDILYINJURY
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BODILY INJURY
(Per ac idenc)
PROPERTY DAMAGE
(Peraeddem)
GE LIABILITY
ANY AUTO
OCCUR ❑ CLAIMS MADE
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
ANY PROPRIETOR / PARTNER / EXECUTf
OFFICEIVMEMBER EXCLUDEDI
If yes, describe under SPECIAL PROVISIONS
Wow
OTHER
ALTO ONLY - EA ACCIDENT
011*2 THAN EA ACC
AUTO ONLY
AGG.
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E.L.. DISEASE -EA EMPLOYEE S500,000
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DESCRIPTION OF OPERATIONS4ACATIONS /VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Employer Liability limits in California are $1 ,000,000 /$1,000,000 /$1,000,000. RE: Spokane valley Traffic
services. The following Insurers are also affording coverage for the workers' Compeisation policy: The standard Q_J
Fire Insurance company, Travelers casualty and Surety Company, The Charter Oak Fire Insurance company and The 2i
City of Spokane valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEIJ.ED BEFORE THE EXPIRATION
Attn: Inga Note PE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVORTQ MAIL
11707 E Sprague Avenue #106 TD DAYSWRMENNOTICETOTHECEATTFICATEHOLDERNAMEDTOTHELEFF.
Spokane valley WA 99206 USA .mss.
AUTHM12EDREPRESENTATIVE aV (MaJr..
Attachment to ACORD Certificate for David Evans and Associates Inc.
The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage
afforded by the insurer(s). This attachment does not contain all terns, conditions, coverages or exclusions contained in the policy.
INSURED
David Evans and Associates Inc.
320 5W Up Terrace Drive #200
Bend OR 97702 USA
INSURER
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
INSR ADWL POLICY NUMBER POLICY POLICY
LTR INSRD TYPE OF INSURANCE POLICY DESCRIMON U,r�
D ATE EFFECTIVE EXPIRAnON L
DESCRIPTION OF OPERATIONS ILOCATIONSfWMCLIiMCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Travelers Indemnity company of America.
Certificate No: 570034023291
Policy Number: 630- 226DIO78
Issue Date: 12/01/2009
COMMERCIAL 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 WW IS AN INSURED
(Sedlon t!):
Any person or organization that you agree In a
"Contract or agreement requiring insurance" to in-
dude 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 onNs-
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 DabiGty in a oDn-
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 ".
L 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 slated in the LIMITS OF
INSURANCE (Section IM for this Coverage
Part.
B. The following is added to Paragraph a- of 4.
Other Insurance in GOMIIlEERCIAI" GENERAL
LIABILITY CONDMONS (Section IV)
However, iif you specifically agree in a "contract or
agreement requiring Insurance" that the insurance
provided to an additional insured under this Cov-
erage Part must apr4y 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 plttrtary, 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 Mghts Of Recovery Against Others To Us
in COMMERCIAL GENERAL UABIUTY CON -
1:!lTiONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we matte for " bodiy injury", "property
damage" or "personal Injury" arising out of "your
woic" performed by you, or on your behalf, under
a "contract or agreement requiring insurance with
that person or organization. We waive time
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 03 8109 47 0 2007 The Travelers companies, Inc. Page 1 of 2
Indides the copyrighted material of insurance Services ofiice, Imo., with b permission
coMMERCIAL GENERAL LIABILITY
injury or "property damage" occurs, or the "per-
sonal injury" offense is committed.
D. The following definition is added to DEFINMONS
(Sect:ion V):
"Contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to indude a person or
organization as an additional. Insured on this Cov-
emge Part, provided that the "bodily irqury" and
"property damage" occurs, and the "personal in-
jury" Is caused by an offense tnmitted:
a. After you have entered into that contract or
agreement;
b. While that part of the contract or agreement is
in effect and
e. Before the and (i the policy period.
Page 2 of 2 02007 The Travelers Companies, Ina CG D3 8109 07
ineluees the copyrighted material of Insurance Services Mica, trio, with its permission
Policy Number: 630- 22601078
Issue Date: 12/01/2009
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE HEAD IT CAREFULLY.
OTHER INSURANCE -- ADDITIONAL INSUREDS
This endorsement modules insurance provided under the folio"
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS
COMMERCIAL GENERAL LIABILITY CONDITIONS
(Section IV), Paragraph 4. (Other Insurance), Is
amended as follows:
1. The following is added to Paragraph a. Primary
Insmace:
However, If you speafically agree in a wrtten con-
tract or written agreement that the insurance pro-
vided to an additional insured under this
Coverage Part must apply on a primary basis, or
a primary and non-contributory basis, this insur-
ance is primary to other insurance that is avad.-
able to such additional insured which covers such
additional insured as a named insured, and we
will not share with that other insurance, provided
that:
a. The "bodily injury" or "property damage" for
which coverage is sought occurs; and
b. The "personal injury" or "advertising Injury" for
which coverage is sought arises out of an of-
fense committed
subsequent to the signing and execution of that
contract or agreement by you.
2. The first Subparagraph (2) of Paragraph b. Ex.
cess Insurance regarding any other primary in-
surance available to you is deleted.
3. The following is added to Paragraph b. Excess
Insurance, as an additional subparagraph under
Subparagraph (4):
That is available to the insured when the insured
is added as an additional Insured under any other
policy, Including any umbrella or excess policy.
CG D0 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. Ail rights reserved. Page 1 of 1