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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 ) / 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 a INSURERS AFFORDING COVERAGE NAIC # a ,ONE-(503) 224 -9700 FAx- 503 295 -0923 X Stop rap Liabilit INSURED WSURERA: Travelers Property Cas Co of America 25674 •• 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 pe INSURER D; PRODUCTS - COMP/OP AGO S2 , 000, OOO pe N as El Policy ® PRO ❑ I JECr r INSURER E: O 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 DD' X ANY AUTO (Ea acadca<) S1,000,000 LTR INSRID TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS SCHEDULED AUTOS A MID DATE(MM (1'a paten) C LLIABILM 630226D1078 12/01 /2009 12/01/2010 EACH OCCURRENCE $1,000,000 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 OMER Archit&Eng Prof AUTO ONLY - EA ACCIDENT OTHER THAN E A ACC AUTO ONLY: A EACH OCCURRENCE M RY LIMITS I IER &!:. EACH ACCIDENT 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 It It U1 m m eo M O 0 r. M z i v C 4) d U X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED_ $300,000 CLAIMS MADE ® OCCUR PREMISES (Ea omm®ee) oae pasoa X Stop rap Liabilit PERSONAL & ADV INJURY $1,000,000 GENERALAGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO S2 , 000, OOO El Policy ® PRO ❑ I JECr A 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 OMER Archit&Eng Prof AUTO ONLY - EA ACCIDENT OTHER THAN E A ACC AUTO ONLY: A EACH OCCURRENCE M RY LIMITS I IER &!:. EACH ACCIDENT 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 It It U1 m m eo M O 0 r. M z i v C 4) d U 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 J POLICY 1-1 PRO- n LOC MOBILE LIABfLr Y ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS POLICY NUMBER I PCJUCY Y d d V V 'O O x LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Pa oowrcnce IAm oae person PERSONAL & ADV INJURY ri 0% N m GENERAL AGGREGATE N O a _ PRODUCTS - COMP/OP AGO m O O n Ln COMBINED SINGLE LIMIT (FA WCidem) BCDILYINJURY ( Px Pennon) 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. X C OTH- _ M STATU- EL.. EACH ACCIDENT 5500, 000 E.L.. DISEASE -EA EMPLOYEE S500,000 EJ_ DISEASP POLICY LIMIT S500,005 O z d r+ G t V V 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