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10-080.00 JUB Engineers: Pavement Management Plan UpdateAGREEMENT FOR PROFESSIONAL SERVICES J -U -B Engineers, Inc Pavement Management Plan Update 2010 Contract #10 -025 THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and J -U -B Engineers, 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 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 completion of all contractual requirements have been met. 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 materials basis in accordance with the attached fee schedule up to an amount not to exceed $59,453.30.00 as full compensation for everything done under this Agreement. In addition, a 10% Management Reserve Fund (MRF) is established in the amount of $5,945.00 to pay for any additional work that may come up during the course of this contract. The Consultant may not begin any work utilizing MRF funds prior to Agreement for Professional Services #10-025, JUB — PMP Update 2010 Page 1 of 5 receiving written approval from the City. The total contract amount, including the MRF, is $65,398.30. 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: J -U -B Engineers, Inc. Phone Number: (509) 458 -3727 Address: 422 W. Riverside Avenue, Suite 722 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 # 10 -025, M — PMP Update 2010 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 Agreement for Professional Services # 10 -025, JUB — PMP Update 2010 Page 3 of 5 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 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 negligent acts, errors or omissions of the consultant, related to 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. 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. Unless provided otherwise by statute, Consultant's attorney fees Agreement for Professional Services #10 -025, JUB — PMP Update 2010 Page 4 of 5 payable by the City shall not exceed the total sum amount paid under this agreement. 18. Entire Aereement 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. Exhibit — A: City of Spokane Valley, Pavement Management Plan Update 2010, Scope of Work 2. Insurance Certificates I WIT 'SS WHEREOF, the parties have executed this agreement this day of 2010. / F KANE V LEY: Consult Mike J tang City Manager Owner REDACTED Tax ID No. k — ATTES APPROVED AS TO FORM: hristine ainbnd e, City Clerk Office of he City Attorney This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Agrecmcnt for Professional Services #10-025, JUB — PMP Update 2010 Page 5 of 5 EXHIBIT - A City of Spokane Valley Pavement Management Plan Update 20� 10 Scope of Work SECTION 1 -BACKGROUND AND PURPOSE In 2006 The City of Spokane Valley contracted to have J -U -B ENGINEERS, Inc. provide consulting services to prepare a Pavement Management Plan and database development to support annual development of the Transportation Improvement Program (TIP) for their first Street Master Plan and Pavement Management Plan (PMP). In 2007 -2008 an additional cycle of pavement condition inspection in the field and updated Pavement Management Plan was prepared with new multiple scenario runs for City budgeting comparisons. The intent of the efforts described in the Scope of Work below is to provide the City ongoing support, data collection and Pavement Management Program updates occurring in years 2010- 2011. SECTION 2 - ITEMS PROVIDED BY CLIENT TO J -U -B The following information, data, services and /or responsibilities will be provided by the Client, without cost to J -U -B. Any GIS data associated with new roadway segments added to the City inventory since the last pavement condition inspection conducted in 2008. SECTION 3 - SERVICES TO BE PROVIDED BY J -U -B J -U -B shall furnish the services specifically limited to the following: Pavement Management Plan Maintenance and Update Road Segment Consolidation: Consultant shall initially consolidate the 5,044 road segments currently being analyzed as a part of the pavement management program. The existing road segments will be consolidated from segment level to project level for maintenance recommendation plans. The segment level reporting will be maintained in the Cartegraph Pavement Reporting database for detailed tracking purposes. The project level consolidation will result in more manageable data for both analysis and review. Pavement Inspections and Quality Control: Consultant shall coordinate inspection of pavement to assess the condition of City streets in accordance with the current Pavement Surface Condition Field Rating Manual used by the Northwest Pavement Management Association and consistent with the methodology used to establish the pavement condition ratings for the Street Master Plan. Actual inspection of pavement condition will be performed CSV2010 Supplemental Agreement Exhibit A SOW 7- 6- 10.doex - I . section taking into account the condition of the road in each direction of travel. The initial update recommendation is to inspect arterials and collectors every two years, and local streets every three years, thus for the purposes of this Scope of Work it is assumed that one - half of arterial and collector roadways and one -third of local roadways will be inspected this update year. The local streets have been divided into six zones based on the approximate age. Two zones wilt be inspected each year. Optional Road Rater Surveys Consultant shalt sub - contract with a private firm to provide mechanical road rating services in the form of a road rater truck. The truck will be equipped with sensors and cameras to video the road as the truck moves through the City. Data will be collected through a 2 pass testing for arterials and collectors and 1 pass testing for local roadways. Distresses and severities are collected continuously and recorded at 100 foot intervals and aggregated to the section level. Condition data is subjected to QA /QC procedures. The sub - consultant will be required to submit a database to the Consultant formatted for direct upload into the Cartegraph pavement program. See attached scope of work from IMS Infrastructure Management Services. Data Input: Pavement condition data collected wilt be entered into the Pavement Management System software for evaluation. Initial Pavement Condition Index (PCI) and Overall Condition Index (OCI) wilt be calculated and randomly field verified for validity prior to scenario analysis. Coordination with city staff for in the field verification of the validity of scenario analysis will be performed to ensure consistency of the condition data. Adjustments in the database will be made as needed for valid data results. Program Database Update: Roadway network changes occurring since the previous update will first be accomplished including: • Verify and update sewer projects completed • Verify and update new road construction completed • Verify and update new road construction anticipated in the CIP • Verify and update new roadways as a result of annexations • Verify and update current construction unit prices • Verify and update roadway classification changes The database will also be modified for the analysis to match the Draft Pavement Condition Rating Subcommittee Recommendations where practical. Scenario Runs: The information contained in the pavement management database updated through previous tasks shall be used to prioritize the maintenance and rehabilitation needs of the City under realistic constraints such as budget limits. The final product of this task shall include an annual update to the multi -year pavement maintenance and rehabilitation plan that is developed based on the parameters established in the pavement management program. Maps created as part of the Street Master Plan will be updated to represent recommended treatments that show the proposed locations of work throughout the City. Close coordination with City staff will enable iterative budget scenarios to be evaluated. This effort also includes updating algorithms included in the Cartegraph software based on historical changes in pavement condition. CSV2010 Supplemental Agreownt Gxhibit A SOW 6- 29.10.dmx .2- Project Management: Key J -U -B staff witl oversee efforts of this Pavement Management Plan Update throughout the process. SERVICES NOT TO BE PROVIDED BY J -U -B AS PART OF THIS AGREEMENT The Consultant will not provide the specific services detailed below: Public Involvement Comprehensive traffic forecasting or modeling for future conditions Updates to the TIP SCHEDULE Pavement Management Plan • Data Collection - Summer 2010 • Data input and update - Summer 2010 • Updated PMP - Fait/Winter 2010 CSV2010 Supplemental Agreement Exhibit A SOW 7- 6- 10.dcex -3- DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Estimated Fees Exhibit 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. DATE (MMIDDM M 07/08/10 !RMATION ICATE FEND OR ;S BELOW. NAIC # 25615 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 PERTA N. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MMWIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 PREMISES(ET,; $1,000,000 A X X COMMERCIALGENERALLIABILITY 680 776937196 08/01/09 08/01/10 CLAIMS MADE a OCCUR MED W (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEMLA.GGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X JECOT LOC D AUTOMOBILE LIABILITY X ANY AUTO BA- 7776NO58 08/01/09 08/01/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTTER THAN EAACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS/UMBRELLALIABIUTY EACH OCCURRENCE $5,000,000 D X I OCCUR F-1 cLAIMsMADE CUP- 3266T607 08/01/09 08/01/10 AGGREGATE $ 5, 000, 000 $ $ R DEDUCTIBLE $ X RETENTION $10,00 WORKERS COMPENSATION AND X TORY LIMITS I J O E T T ' C EMPLOY LIABIL ANY PR OPRIETOR/PARINER/EXECUTIVE ANY PR UB0540T50308 08/01/09 08/01/10 E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 OFFICERIMEMBEREXCLUDED? INCL WA STOP GAP If yes. SPECAesPROVI PROVISIONS SPECIAL PROVISIONS below DISEASE - POLICYLIMTr $ 1000000 OTHER B Professional Liab. AKE197131 -0110 04/02/10 04/02/11 Ea. Claim $7,000,000 $100,000 Deduct. Ann. Agg. $7,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Bolder is additional insured for general liability when required by written contract and as provided by policy form CGD381. CERTIFICATE HOLDER CANCELLATION SPOKA -3 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Spokane Valley NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL Attn : City Clerk IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 11707 E Sprague Ave, Suite 106 Spokane Valley WA 99206 REPRESENTATIVES A REPRE ENiATI�yE �� �n ACORD 25 (20011'08) © ACORD CORPORATION 1988 1 /'O: ;1 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require.an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AC0RD Z5 tZ001l08) COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) o o o� a,= _ o oi= This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury' arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with Its permission. 002218 COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personai.in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. ACORD CERTIFICATE OF OP ID SW LIABILITY INSURANCE JUBEN -1 DATE (MM /DD/YYYY) 1 07/28/10 PRODUCER The Hartwell Corporation - Cal PO Box 400 Caldwell ID 83606 Phone: 208- 459 -1678 Fax: 208- 454 -1114 NSR 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. INSURERS AFFORDING COVERAGE NAIC # INSURED J 250 S Boise Engineers, Inc. Beechwood Ave, Suite 201 ID 83709 INSURER A: Charter Oak Fire Insurance Co 25615 INSURER B: Liberty Insurance (A XV) INSURER C: Travelers Casualty s Surety INSURER D: Travelers Indemnity Co 25666 - INSURER E: St Paul Fire and Marine $ 1,000,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD/YY POLICY E TION DATE MM /DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurence) $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY 680- 7769N196 08/01/10 08/01/11 CLAIMS MADE ® OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 680- 7769N196 08/01/09 08/01/10 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2 , 000 , OOO POLICY X PRO LOC JECT D AUTOMOBILE LIABILITY ANY AUTO BA- 7776NO58 08/01/10 08/01/11 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ALL OWNED AUTOS SCHEDULED AUTOS BA- 7776NO58 08/01/09 08/01/10 BODILY INJURY (Per person) $ . BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ 9,000,000 E X OCCUR CLAIMSMADE QK06502923 08/01/10 08/01/11 AGGREGATE $9,000,000 $ DEDUCTIBLE $ X RETENTION $10,000 WORKERS COMPENSATION AND 1 ER C EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? UB0540T50308 INCL WA STOP GAP 08/01/10 08/01/09 08/01/11 08/01/10 E.L. EACH ACCIDENT _ $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1000000 OTHER B Professional Liab. AEE197131 -0110 04/02/10 04/02/11 Ea. Claim $7,000,000 $100,000 Deduct. Ann. Agg. $7,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS *10 notice of cancellation for nonpayment of premium. 0_t,, f�i�id i�L tt/'A 6L In�1l(' k 1�- t. �d .L��:..a�Bt�E.c1cs��e•L�Fti - Certificate holder is additional insured for general liability as required.' by .written contract and as provided by policy form CGD381. CERTIFICATE HOLDER CANCELLATION SPOKA -3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Spokane Valley NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn : City Clerk 11707 E Sprague Ave, Suite 106 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Spokane Valley WA 99206 REPRESENTATIVES. A O ED REPR ENTAT�1/E � n (� ACORD 25 (2001/08) v AcUKU cUKVUKA I ION TV00 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) MOM o o o o= o= This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in - a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. 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; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 02007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. 002219 COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect, and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CIS D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission.