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11-017.00 David Evans & Assoc: Traffic Engineering AGREEMENT FOR PROFESSIONAL SERVICES David Evans and Associates,Inc. Contract No. 11-005 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 31st,2011. 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 $ 60,000 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 11-005 Page 1 of 5 &DIt 011 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 Name: Jerremy Clark Phone Number: (509)921-1000 Phone Number: (208) 762-2200 Address: 11707 East Sprague Ave, Suite 106 Address: David Evans and Associates,Inc. Spokane Valley,WA 99206 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 11-005 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 prior notice has been given to the City in accordance with the provisions of the policy,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 A:VII. Agreement for Professional Services 11-005 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, its 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, each party shall be responsible for its own costs and attorney's fees. Agreement for Professional Services 11-005 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 • IN WITNESS W OF,the parties have executed this agreement this .1711— day of ,2011. CITY OF POKANE VALLEY: Consultant: Mike Jackson,City/ . ager DwnPr • ASSoc;0.4-.. , . Tax ID No. ATTEST: APPROVED AS TO FORM: hristine Bainbridge,"Pity Clerk Office o ff he City A1tto tey 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. Agreement for Professional Services 11-005 Page 5 of 5 D D • 0 DAVID EVANS AND ASSOCIATES tNC. January 31, 2011 Inga Note, P.E.,Senior Traffic Engineer Traffic Engineering City of Spokane Valley 11707 E. Sprague Avenue,Suite 304 Spokane Valley,WA 99206 SUBJECT: Provision of hourly traffic engineering services Dear Inga: Thank you for the continued opportunity to provide DEA staff to assist with the City's traffic engineering efforts. As discussed,we are providing traffic engineering staff to augment your staff on an as-needed basis,directed by you. Throughout the year,we anticipate providing 9 to 18 hours per week of DEA traffic engineering staff availability at your office. As discussed,we will also provide consistent support through dedicated personnel for three consecutive days(not to include Friday)per week between March and June. It is preferred that this tasking will be managed by the same individual throughout this time period,but we agree that it is acceptable to switch personnel on a long-term basis based on staffing needs. However,it is understood that DEA staffing will not vary day by day to maintain consistency. It is anticipated that myself and Michelle Pierce will be the personnel utilized for this tasking. Our loaded labor rate, as indicated in the attached Standard Fee Schedule,for Engineer is $107.50/hr. Our attached scope of work depicts a not to exceed amount of$60,000. Travel time to and from your offices will be charged at the above labor rate in addition to the latest approved federal mileage rate as adopted by DEA(set as $0.51/mile beginning January 1,2011)for the vehicle. If you should need additional traffic engineering capacity or have specific projects that you desire our staff to develop,please let me know so that we can be most efficient in the services we provide. Thank you again for this opportunity to serve the City! Sincerely, DAVID EVANS AND ASSOCIATES,INC. Je emy Clark Transportation Engineer r„;3 r'�'`. [ ant-1,4,1. ./{.Jtttt', Ct 15 1 .-,.e72i, O(tfZ is nt. .2($ ,62 -)200 Et ' ),' ?-70 C�.�1Z{l P: _t 4 9a u_ 1=r 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 U Additional drafting as needed ❑ Preparing final reports on flashing school beacon effectiveness for grant purposes ❑ Land surveying services O 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$60,000. 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. /�/rte EY I CbR DATE(MWDOWYYY) CERTIFICATE OF LIABILITY INSURANCE s!I/2011 11/30,2010 RODUCER 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 C_ity_N10 64112-1906 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR (816)960-9000 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE NAIC# ISURED DAVID EVANSAND ASSOCIATES,INC. INSURER A: Zurich American Insurance Company 16535 334610 320 S.W.UPPER TERRACE DRIVE INSURER B: St.Paul Fire and Marine Insurance Co 24767 SUITE 200 BEND D OR 97702 INSURER c Travelers properly Casually Co of America 25674 INSURER D: Lexington Insurance Company 19437 I INSURER E: :OVERAGES DEAIN01 P5 THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER/SL AUTHORIZED REPRESENTATNe OR PRODUCER ND THE CERTIFICATE HOLDER, THE POUCIES 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 POUCIES.AGGREGATE UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR AMYL . POLICY EFFECTIVE POLICY EXPIRATION TR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DOeYY) DATE(MMIDD/YY) LIMBS X GENERAL UABILM EACH OCCURRENCE $ $1,000,000 A X COMMERCIAL GENERAL UABILmr GL0 9830389 12/1/2010 1211201 1 DAMAGE TO(RENTED PREMISESNEaooeurencNrl $ $300,000 I CLAIMS MADE © OCCUR MED EXP(Any one person) $ $5,000 PERSONAL 8 ADV INJURY $ $1,000,000 GENERAL AGGREGATE $ $2,000,000 GEWI.AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ $2,000,000 I POLICY I I JECTT I ILOC I AUTOMOBILE LIABILITY BAP 9830390 12/1/2010 12/I20I I COMBINED SINGLE uMrT $ $1 000 X ANY AUTO (Ea accident) , ,000 — ALL OWNED AUTOS BODILY INJURY $ XXXXXXX SCHEDULED AUTOS ( pers0n) X HIRED AUTOS BODILY INJURY $ XXXXXXX X NON-OWNED AUTOS ( sodden!) — PROPERTY DAMAGE $ XXXXXXX (Par accident) GARAGE LIABILITY AUTO ONLY-EA AcciDENT $ XXXXXXX H ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY AGG s XXXXXXX EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ $1,000,000 OCCUR El CLAIMSMADE QK08001037 12/12010 I2/t @011 AGGREGATE $ $1,000,000 UMBRELLA $ XXXXXXX R DEDUCTIBLE © FORM s XXXXXXX RETENTION $ $ XXXXXXX WORKERS COMPENSATION AND PJUB226D074010 5/1/2010 5/12011 I WCYSTATU- � I ER- EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTNE ® E.L EACH ACCIDENT $ $500,000 OFFICERIYEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ $500,000 It yes,describe unduly SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ $500,000 ) OTHER 013001600 12/1/2010 12/1/2011 PER CLAIM$1,000,000 PROFESSIONAL ANNUAL AGGREGATE$1,000,000 LIABILITY ESCRIPTION OF OPERATIONSILOCATI ONSNEHICI.ESIEXCLU$IONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS :E:SPOKANE VALLEY TRAFFIC SERVICES. CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED WITH RESPECT TO iENERAL LIABILITY AND THIS COVERAGE IS PRIMARY&NON-CONTRIBUTORY WHERE REQUIRED BY WRITTEN CONTRACT. :ERTIFICATE HOLDER CANCELLATION [M460068] 11061994 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SPOKANE VALLEY DATE THEREOF,THE ISSUING INSURER WLL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN:INGA NOTE PE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 11707 EAST SPRAGUE AVENUE#106 SPOKANE VALLEY,WA 99206 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RE E I , .CORD 25(2009101) ®1988-2009 D CORPORATION.All rights reserved ._..-..The ACORD name and lo:o are registered marks of ACORD --...M.,,.., 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: 11061994 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(sl: 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: 11061994 Includes copyrighted material of Insurance Services Office, Inc [ with its permission Y Policy Number: GLO 9830389 Policy Term: 12/01/2010 -1210112011 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. 2. 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: 11061994 Includes copyrighted material of Insurance Services Office, Inc [ with its permission A`R°` CERTIFICATE OF LIABILITY INSURANCE 5/1/2012 DAi(MM/OD"1 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must be endorsed. 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 Ileu of such endorsement(s). PRODUCER Lockton Companies,LLC-1 Kansas City CONTACT 444 W.47th Street,Suite 900 (,too,EM tI: F , Not, Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURERISI AFFORDING COVERAGE NAIC if INSURER A: Zurich American Insurance Company i 6535 INSURED DAVID EVANS AND ASSOCIATES,INC. INSURER Paul Fire and Maine Insurance Company 24767 1334610 2100 SW RIVER PARKWAY PORTLAND OR 97201 INSURER C: Lexington Insurance Company 19437 INSURER 0: INSURER E INSURER F: COVERAGES IEAIN01 P5 CERTIFICATE NUMBER: 11061994 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXpp LINT#TS LTR INSR WW IMMIDDIYYYY)IMMIDD/YYYY1 A GENERAL LIABILITY Y N GLO 9830389 12/I/201I 12/1/2012 EACH OCCURRENCE $ $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) 5 $300,000 ICLAIMS-MADE© OCCUR MED EXP(Any one person) $ $1 0,000 PERSONAL&ADVINJURY $ $1,000,000 GENERAL AGGREGATE $ $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S $2,000,000 POLICY JEC n LOC $ A AUTOMOBILE LIABILITY N N BAP 9830390 12/1/2011 12/1/2012 f ANdeOtSINGLE LIMIT $ $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ 0(XXXX AUTOS ED SCHEDULED BODILY INJURY(Pe/accident $ XX XXXX NON OWNED PROPER77YyDAMAGE $ XXXXXXX X HIRED AUTOS X AUTOS (Per accident) $ XXXXXXX B X UMBRELLALIAB IX OCCUR N N QK08001403 12/1/2011 12/1/2012 EACH OCCURRENCE $ $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ $1,000,000 DEC I RETENTION$ XXXXXXX WORKERS COMPENSATION WC STATU- OTH- A AND EMPLOYERS'LIABILITY y/N N WC 933662600(AOS) 5/1/2011 5/1/2012 ITORY LIMITSI I FR ANY IPRROPR OFFICER/MEMBER EXCLUDED?PROPRIETOR/PARTNER/EXECUTIVE I N I NIA E.L.EACH ACCIDENT $ $500,000 (Mandatory/n NH) E DISEASE-EA EMPLOYEE $ $500,000 If yAs.descAlo under DESCRIPTION OF OPERATIONS below EL DISEASE•POIJCYUMIT S $500,000 C PROFESSIONAL N N 013001600 12/1/2011 12/1/2012 PER CLAIM SI,000,000 LIABILITY ANNUAL AGGREGATE 51,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/(Attach ACORD 101,Additional Remarks Schedule,If mere space is required) RE:SPOKANE VALLEY TRAFFIC SERVICES. CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY&NON-CONTRIBUTORY WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11061994 AUTHORIZED REPRESENTATIVE CITY OF SPOKANE VALLEY ATTN:INGA NOTE PE 11707 EAST SPRAGUE AVENUE#106 SPOKANE VALLEY,WA 99206 ACORD 25(2010/05) © 9 8-2010 AC D ORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD C)0 1 1'0 1 1 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 POLICY NO. GLO 9830389 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 Miscellaneous Attachment:M460068 Certificate ID: 11061994 Includes copyrighted material of Insurance Services Office, Inc C with its permission (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. 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 Orqanization(s): Location And Description Of Completed Operations Any person or organization to whom or which you are Any location where you have agreed,through written required to provide additional insured status in a written contract, agreement or permit,to provide additional agreement to provide additional insured coverage insured coverage for completed operations,except where such contract or agreement is prohibited by laws. 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: 11061994 Includes copyrighted material of Insurance Services Office, Inc E with its permission Policy Number: GLO 9830389 Policy Term: 12/01/2011 -12/01/2012 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. 2. 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. AU 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: 11061994 Includes copyrighted material of Insurance Services Office, Inc with its permission