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10-006.00 David Evans and Associates: 2010 Surveying SvcsAGREEMENT FOR PROFESSIONAL SERVICES David Evans and Associates, Inc. 2010 Surveying Services THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and * 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 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 shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation The City agrees to pay the Consultant on a time and material basis in accordance with the attached scope of work and fee schedule-as full compensation for everything done under this agreement, not to exceed $50,000. Agreement for Professional Services Page 1 of 5 Co I O- C)o Lo 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 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. 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: Richard Waltrip Phone Number: (509) 327 -8697 Address: 908 N Howard St. Suite 300 Spokane, WA 99201 6. Applicable Laws and Standards The parties, in the performance of this agreement, agree to comply with all applicable Federal, State, 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 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 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: Agreement for Professional Services 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. Agreement for Professional Services Page 3 of 5 D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this 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 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 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, Agreement for Professional Services Page 4 of 5 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. 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 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. Fee Schedule 3. Insurance Certificates IN WITNESS WHEREOF, the p; J C-tV 3 2010. O POKANE VALLEY: av d r er, City Manager rrties have executed this agreement this 5 � day of Consultant: 1 Owner DeW(D G VA&3 uO S See- ilvms, ti;C Tax ID No._ " " REDACTED — ATTES APPROVED AS TO FORM: M1 / Yhristine Bainbridge, City Clerk e of th City Atto This document contains confidential tax information and Page 5 of 5 Agreement for 1 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. Scope of Services Consultant will review final short and long subdivision plats, binding site plans and boundary line adjustments submitted by the Community Development Department, for accuracy and completeness. The following items will be reviewed. a. Plat Certificates b. Legal Descriptions C. Survey data and boundary line closure d. Development Engineering Conditions of approval and plat language e. Rights -of -way f. Easements g. Right -of -way and easement dedications All reviews shall be returned to the Department of Community Development within ten (10) working days (or as requested by the City) with a list of corrections, inconsistencies and omissions. Such corrections, inconsistencies and omissions and comments shall also be noted in red on the plat document. 2. Periodically, Consultant may be asked by Development Engineering to review other documents or perform other tasks. A detailed scope of services detailing the requested work may be required and submitted as an addendum to the scope of services described above. Anni ANOASSOCIATES INC. Standard Fee Schedule Labor Classification Hourly Rate Surveying Survey Manager $140.00 Professional Land Surveyor $130.00 GPS Specialist $100.00 Party Chief $85.00 Survey Technician $75.00 3- Person Survey Crew $210.00 2- Person Survey Crew $150.00 Project Assistant $75.00 Expenses 1. Transportation by automobile at federal rate 2. All other expenses at cost plus 4% Rates effective October, 2009 N subject to change ACORD TM CERTIFICATE OF LIABILITY INSURANCE Date replacng certificate issued 11/17/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Insurance Services West, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 851 SW 6 th , #385 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Portland, OR 97204 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE NAIC # Phone No: 503- 306 -2893 Carol Gregus Fax No. 503- 295 -0923 INSURED INSURER A: Charter Oak Fire Insurance Co 25615 David Evans and Associates Inc INSURER B: Travelers Property Casualty Ins 25674 320 SW Upper Terrace Drive #200 INSURER C: INSURER D: Bend, OR 97702 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD POLICY EXPIRATION DATE MM/DD LIMITS A GENERAL LIABILITY 630226D1078 12/1/09 12/1/1 0 EACH OCCURRENCE 1 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) 300 CLAIMS MADE rv OCCUR MED EXP (Any one person) 10,000 X Stop Gap Liability PERSONAL &ADV INJURY 1 GENERAL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000 X POLICY F PROJECT LOC PRODUCTS - COMP /OP AGG 2,000,000 B AUTOMOBILE LIABILITY P- 810- 226D1078 -TIL -0 12/1/09 1211110 COMBINED SINGLE LIMIT 1,000,000 X ANY AUTO (Ea Accident) ALL OWNED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS PROPERTY DAMAGE X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN Each accident AUTO ONLY: Aggregate EXCESS LIABILITY EACH OCCURRENCE OCCURRENCE ❑ CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WCSTATU- TORY LIMITS I oTH- ER EL EACH ACCIDENT EL DISEASE - EA EMPLOYEE EL DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/ VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: Surveying Services 2010. The City of Spokane Valley is included as an Additional Insured with respect to General Liability. Insurance is Primary and Non - Contributory. Coverage is primary & non - contributory. CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER A CANCELLATION LETTER: NAME & ADDRESS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Spokane Valley Attn: Christine Bainbridge 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 11707 E. Sprague Ave., Suite 106 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Spokane Valley, WA 99206 Aon Risk Insurance Services West, Inc. ACORD 2b -5 (1/91) (Dl Vbt$ — ZUU`,! AGUKU L.Uf(YUKA I I V N All Klgni5 Ke5erve0 I Policy Number: 630- 226D1078 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 WHO IS AN INSURED (section fl): RA e. 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: 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. This insurance does not apply to the render- ing of or failure to render any "professional services ". 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 S. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY EON - OITIONS (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 "contractor 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 0 20D The Travelers Companies Inc, Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., wiih Its permission COMMERCIAL 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 ar 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 poky period, Page 2 of 2 © 21OC7 The Travel efs Companies, Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy Number: 630- 226D1078 Issue Date: 12/01/2009 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES T14E POLICY. PLEASE READ ET CAREFULLY. This endorsement modifies insurance provided under the following: 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 insurance: However, if you specifically agree in a written 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 avail- 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 (1): 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 DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 ACORD TM CERTIFICATE OF LIABILITY INSURANCE 1/13/2009 replacing certificate issued 11/17/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Insurance Services West, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 851 SW 6 t ', #385 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Portland, OR 97204 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. EACH OCCURRENCE Aon Risk Insurance Services Vest, Inc. COMPANIES AFFORDING COVERAGE NAIC # Phone No: 503- 306 -2893 Carol Gregus Fax No. 503- 295 -0923 MED EXP (Any one person) INSURED INSURER A: Lexington Insurance Company 19437 David Evans and Associates Inc INSURER B: 320 SW Upper Terrace Drive #200 INSURER C: INSURER D: Bend, OR 97702 INSURER E: LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS reTilvia:7i[NX9 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MM/DD LIMITS BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR GENERAL AGGREGATE LIMIT APPLIES PER: POLICY PROJECT LOC OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Spokane Valley, WA 99206 EACH OCCURRENCE Aon Risk Insurance Services Vest, Inc. FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP /OPAGG AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea Accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACCIDENT AUTO ONLY: AGGREGATE EXCESS LIABILITY OCCURRENCE ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS OTH- ER EL EACH ACCIDENT EL DISEASE - EA EMPLOYEE EL DISEASE - POLICY LIMIT A OTHER Errors & Omissions Liability 013001502 12/1/09 12/1/10 Per Claim Aggregate 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/ VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: Surveying Services 2010. CERTIFICATE HOLDER I ADDITIONAL I145URED: INSURER A CANCELLATION I CTTCD NAME & ADDRESS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Spokane Valley 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Christine Bainbridge BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 11707 E. Sprague Ave., Suite 106 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Spokane Valley, WA 99206 Aon Risk Insurance Services Vest, Inc. ACORD 25 -S (7/97) ©1988 — 2009 ACORD CORPORATION All Rights Reserved ACORD TM CERTIFICATE OF LIABILITY INSURANCE 4/211/2010 PRODUCER Aon Risk Insurance Services West Inc. 851 SW 6 #385 Portland, OR 97204 Phone No: 503- 306 -2893 Carol Gregus Fax No. 503- 295 -0923 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE NAIC # INSURED David Evans and Associates Inc 320 SW Upper Terrace Drive #200 Bend, OR 97702 INSURER A: Travelers Property Casualty Company of America 25674 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH LIMITS SHOWN ARE AS REQUESTED CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE MM /DD/YY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE LIMIT APPLIES PER: POLICY PROJECT LOC GENERAL AGGREGATE PRODUCTS - COMP /OPAGG AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea Accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACCIDENT AUTO ONLY: AGGREGATE EXCESS LIABILITY OCCURRENCE ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE AGGREGATE A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PEUB- 226DO74 -0 -10 5/01/10 5/01/11 X WCSTATU TORY LIMITS 0TH ER EL EACH ACCIDENT 500 , 000 EL DISEASE - EA EMPLOYEE 500,000 EL DISEASE - POLICY LIMIT 500, 000 DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: Surveying Services 2010. CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTER: CANCELLATION NAME & ADDRESS City of Spokane Valley Attn: Christine Bainbridge 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Aon Risk Insurance Services West, Inc. ACORD 25 -S (7/97) U 1 966 -ZUU9 AGUKU L, UKNUKA I IUN All rugnis Keservea I �A10 -0Q 1 ACORDe DATE (MM /DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5/1/2011 11/30/2010 PRODUCER Lockton Companies, LLC -1 Kansas City THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 444 W. 47th Street, Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kansas City MO 64112 -1906 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR (816) 960 9000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED DAVID EVANS AND ASSOCIATES INC. INSURER A: Zurich American Insurance Company 16535 1334610 320 S.W. UPPER TERRACE DRIVE INSURER B: St. Paul Fire and Marine Insurance Co 24767 SUITE 200 BEND OR 97702 INSURER C : Travelers Property Casualty Co of America 25674 INSURER D: Lexington Insurance Company 19437 INSURER E: COVERAGES DEAIN01 P5 THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISI. AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED I IHt IN5UKtU NAMtU AtSUVt I-UK IMt VULIGT F'tKWU INUIGAI tU. NUIWI I MS I ANUINb 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'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MM /DD/YY) LIMITS X GENERAL LIABILITY EACH OCCURRENCE $ $1, 000,000 DAMAGE TO RENTED PREMISES Ea o rence $ $300,000 A X COMMERCIAL GENERAL LIABILITY GLO 9830389 12/1/2010 12/1/2011 CLAIMS MADE FRI OCCUR MED EXP (Any one person) $ $5, 000 PERSONAL & ADV INJURY $ $1, 000,000 GENERAL AGGREGATE $ $2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ $2 , 000,000 ri PRO - POLICY JECT LOC A AUTOMOBILE LIABILITY ANY AUTO BAP 9830390 12/1/2010 12/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ $1,000,000 BODILY INJURY (Per person) $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS I X BODILY INJURY (Per accident) $ XX JC } { XXX HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ } {XX��X GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX $ XXXXXXX AUTO ONLY: AGG B EXCESS /UMBRELLA LIABILITY X OCCUR CLAIMS MADE QK08001037 12/1/2010 12/1/2011 EACH OCCURRENCE $ $1, 000,000 AGGREGATE $ $1,000,000 $ XXXXXXX UMBRELLA $ }{yxxxxx DEDUCTIBLE FORM $ XXXXXXX RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY FN PJUB226DO74010 5/1/2010 5/1/2011 WC STAI - OTH TORY LIMITS I ER E.L. EACH ACCIDENT Q $ $ 500 , 000 OFFICE ER EXCLUDEDEXECUTIVE (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ $ 500 , 000 It yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ $500,000 D OTHER PROFESSIONAL 013001600 12/1/2010 12/1/2011 PER CLAIM $1,000,000 ANNUAL AGGREGATE $1,000,000 LIABILITY DESCRIPTION OF OPERATIONS /LOCATIONSA/EHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: SURVEY REVIEW SERVICES. THE CITY OF SPOKANE VALLEY IS INCLUDED AS AN ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY & NON - CONTRIBUTORY WHERE REQUIRED BY WRITTEN CONTRACT. CITY OF SPOKANE VALLEY ATTN: CHRISTINE BAINBRIDGE, CITY CLERK 11707 EAST SPRAGUE AVENUE #106 SPOKANE VALLEY, WA 99206 ACORD 25 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 988 -2009 JCMD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD � 9 For questions regarding this certificate, contact the number listed in the 'Pro ucer' section above and specify the client code 'DEAINGI'. COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily inury", "property damage" or "personal and advertising injury" caused, in whole or in part by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 2. Exclusions This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Miscellaneous Attachment: M460068 Certificate ID : 11061999 Includes copyrighted material of Insurance Services Office, Inc with its permission POLICY NUMBER: GLO 9830389 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): Location And Description Of Completed Operations Any person or organization to whom or which you are required to provide additional insured status in a written agreement to provide additional insured coverage Information required to complete this Schedule if not shown above will be shown in the Declarations. Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". Miscellaneous Attachment: M460068 Certificate ID : 11061999 Includes copyrighted material of Insurance Services Office, Inc with its permission Policy Number: GLO 9830389 Policy Term: 12/01/2010 - 12/01/2011 Other Insurance Amendment - Primary and Non Contributory THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Clause 4. Other Insurance of Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is changed as follows: 1. The following is added to a. Primary Insurance: a. This insurance is primary as respects to an additional insured, where a written contract requires that it be: (1) primary; and (2) non - contributory. b. If a. applies we will not seek contribution from other insurance on which the additional insured is a Named Insured. The following is added to clause b.(1)(a): That is available to an additional insured that provides coverage for the same: a. 'occurrence "; b. claim; or c. "suit ". This clause does not apply: (1) To any policy in which the additional insured is a Named Insured; and (2) Where our policy is required by written contract to provide coverage to the additional insured on a: (a) primary; and (b) non - contributory basis. All other terms and conditions of this policy remain unchanged. U -GL- 1327 -A FL (04/09) Page 1 of 1 Miscellaneous Attachment: M460068 Certificate ID : 11061999 Includes copyrighted material of Insurance Services Office, Inc with its permission