06-039.00 JUB Engineers: Street Master PlanAGREEMENT FOR PROFESSIONAL SERVICES
J -U -B Engineers, inc
Street Master Plan
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."
RBI CONSIDERATION of the terms and conditions contained herein the parties agree as follows:
1. Work to He 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.
F,ither party may terminate this Agreement by ten (10) days written notice to the other party.
In the event of such termination, the City shal I 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 $435,470.00 as full compensation
for everything done under this Agreement.
4. Payment. The Consultant shall be paid monthly upon presentation of an invoice to the City.
Agreement for Professional Services: 1 -U -13 Engineers, Inc. — Street Master Plan Page 1 of 4
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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.
Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THE CONSULTANT:
Name: Christine Bainbridge, City Clerk Name: J -U -B Engineers, Inc.
Phone Number: (509)92 1 -1000 Phone Number: (509) 458 -3727
Address: 11707 East Sprague Ave, Suite 106 Address: 422 W. Riverside Avenue; Suite 722
Spokane Valley, OVA 99206 Spokane, WA 99201
6. Applicable Laws and Standards. The parties, in the perforniance 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 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 42.17 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. During the term of the contract, the Consultant shall maintain in force at its own
expense, the following insurance:
A. Workers' Compensation Insurance in compliance with RCW 51.12.020, which
requires subject employers to provide workers' compensation coverage for all their subject workers and
Employer's Liability or Stop Gap Insurance in the amount of $1,000,000.00;
13. General Liability insurance on an occurrence basis with a combined single limit of
not less than $1,000,000.00 each occurrence for bodily injury and property damage. It shall include
contractual liability coverage for the indemnity provided under this contract. It shall provide that the City, its
officers, employees and agents are additional insureds but only with respect to the Consultant's services to be
provided under the contract;
C. Automobile Liability Insurance with a combined single limit, or the equivalent, or
Agreement for Professional Services; J -U -t3 Engineers, Inc. — Strcet Toaster Plan Page 2 of 4
not less than $1,000,000.00 each accident for bodily injury and property damage, including coverage for
owned, hired or non -owned vehicles; and
D. Professional Liability insurance with a combined single limit of not less than
$1,000,000.00 each claim, incident or occurrence. This is to cover damages caused by the error; omission, or
negligent acts related to the services to be provided under this contract. The coverage must remain in effect
for at least two (2) years after the contract is completed.
There shall be no cancellation, material change, reduction of limits or intent not to renew the
insurance coverage(s) without thirty (30) days written notice from the Consultant or its insurers) to the City.
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 ail of the parties who are additional insureds, and will include applicable policy
endorsements; the thirty (30) day cancellation clause, 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.
1t. Indemnification and Hold Harmless. Each party shall indemnify and hold the other, its
officers; employees, agents and volunteers harmless from and against any and all claims, demands, orders,
decrees or judgments for injuries, death or damage to any person or property arising or resulting from any
negligent act or omission on the part of said party or its agents, employees or volunteers in the performance of
this Agreement.
12. Waiver. No officer, employee; agent or other indiviclual 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 Contract 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,
Agreement for Professional Services: J -U -f3 Engineers, inc. — Street Master Plan Page 3 of 4
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 supersedes 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 ofwork 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 WHEREOF, the parties have executed this Agreement this ` O /%—
day of
2006.
CITY OFF SPOKANE VALLEY:
A
avid Mercier, City Manager
Bainbridge, City Clerk
J -U -B Engineers, Inc.
Tax ID NJ/ REDACTED
APPROVED AS TO FORM:
Office of the 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.
Agreement for Professional Services: J -U -B Engineers, Inc. — Street Master Plan Page 4 of 4
Spokane Valley Street Master Plan
Scope of Work
SECTION 1 - BACKGROUND AND PURPOSE
The City of Spokane Valley is a newly incorporated City of over 80,000 people. As such, the City
has a need to produce planning documents and Capital Improvement Programs with respect to
transportation infrastructure to serve the anticipated growth. The City has requested consultant
assistance to prepare the first Street Master Plan and a Pavement Management Plan for the City.
The intent of the efforts described in the Scope of Work below is to provide the City support,
guidance and documentation to prepare Plans and Programs and prioritize transportation needs,
prepare projects for potential funding source grant applications and to understand ongoing
pavement maintenance needs as well as future on -going needs with respect to roadway network
evaluation, project development and pavement management system maintenance.
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.
Existing planning documents, records, data and reports, such as comprehensive land
use and transportation plans; zoning maps; roadway information systems; pavement
condition information; and appropriate maps; 6 Year transportation Improvement
Programs; non- motorized facilities; available traffic studies; accident records, etc.
Gather, obtain and provide traffic volume data on roadways and at important
intersections, to include Average Daily Traffic and peak hour.
Publishing as necessary public meeting notices and press releases.
SECTION 3 - SERVICES TO BE PROVIDED BY J -U -B
J -U -B shall furnish the services specifically limited to the following:
Phase I - Pavement Management Plan
It is anticipated that several of the tasks in this phase will be undertaken simultaneously or in
consideration of other tasks. For example, the network definition and database development
tasks will clearly be driven by the selection of the software which in turn will be influenced by
the needs assessment. The full development of -a pavement management system assumes that
City Council accepts the premise that benefits will warrant such a system.
Task 1 - Needs Assessment: Conduct a needs assessment to determine the viability of
developing a pavement management system (PMS) for the City. Interviews /meetings will be
conducted with key individuals from the City staff, including the Public Works Director,
engineering staff, maintenance personnel, and other staff that will be involved in the future
use of potential pavement management data and /or outputs. The purpose of the interviews is
to determine the types of available pavement management information, current program
budgets, current staffing levels of Public Works personnel, and any other information
necessary for the consultant to perform the assessment. Interviews will focus on answering
questions such as: What is anticipated as an end product? What are expectations on how the
pavement management system will impact employee efficiency? What are the anticipated
budgets for maintaining the pavement management system? What is the make -up of current
staffing - availability, technical strengths, etc.? The consultant will evaluate the benefits to
the City from the creation of a pavement management system. A report shalt be prepared to
present findings. This report shall clearly detail the reasons and benefits of implementing the
system. The report shall also identify the impacts to City infrastructure and budgets if the
pavement management system is not implemented.
Task 2 - Inventory Data Collection: This task involves collecting inventory information that
will be used to establish the pavement management database. It includes the collection of
existing information on the roads and streets that will be included in the implementation
area. The types of data that will be collected are expected to include the following items, at
a minimum:
• Location information (referencing with 'from' and 'to' characteristics)
• Dimensions (length, width, area)
• Surface type
• Last construction date
• GIS identifiers
Some existing information is available through the current City and County records (including
the Centerline PMS software information generated by Spokane County). The accuracy and
thoroughness of the information may need to be verified. Aerial photography will be used to
evaluate accuracy and completeness of existing centerline data. The consultant will evaluate
and make the most of all existing paper or digital databases that apply to roads, whether they
come from the County, City, or some other agency. Locational verification and conditional
inventory of roads will be conducted in the field to supplement existing data and complete
the roadway network.
Task 3 - Network Definition. The pavement network shalt be divided into facilities and
sections. Current philosophy suggests looking at using a block -by -block approach for dividing
pavement facilities into sections with intersections included in the block section. Multilane
streets may be divided by direction in addition to block -by -block segments. Management
sections can be aggregated into more applicable project lengths manually when developing
final pavement maintenance and rehabilitation project lengths.
Special consideration will be given to multi -lane facilities, divided roadways, and current
identification methods. These identification conventions shall be recorded in the final
document to ensure that as the City of Spokane Valley expands, the pavement network
inventory is user friendly, can be easily updated and maintained.
Task 4 - Condition Assessment: Consultant shall propose and implement a survey procedure
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.
This will be done for the results to be comparable to data previously obtained by Spokane
County. Only pavement condition will be assessed in the survey; not the condition of curb and
gutter or sidewalks. However, it will be noted what edge -of- pavement treatment each
segment possesses (shoulder, curb and gutter, etc.). It will be important that the City's staff
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participate in the review of our data collection and condition assessment portions of the plan.
Sections on undivided roads will be full -width sections. In other words, assume that each
section (block or intersection) will be defined as a section that spans the length and width of
the block (both directions of travel) on undivided roads. Sections on multilane streets may be
divided by direction in addition to block -by -block segments. Pavement condition surveys will
be conducted for each section taking into account the condition of the road in each direction
of travel.
For the purposes of this Scope of Work it is assumed that there are approximately 450
centertine miles of roadway, with arterial and collector roadways comprising 1/3 of roadway
network (2 -man crew 2 hours per mile); and local roadways comprise 2/3 of mileage (one
person one hour per mile).
Task 5 - Database Development: Upon completion of the previous tasks, a pavement
management database shall be developed using the inventory and condition information
collected. If available, construction history will also be incorporated into the database
development. We will work closely with staff to identify what is to be stored in a database,
how it needs to be viewed and retrieved, who wilt be retrieving it, and what types of reports
will be necessary.
Task 6 - Software Evaluation and Development: Consultant will evaluate available public
domain and proprietary software for use in development of the pavement management
system. The consultant will recommend a software package that will meet the needs of the
City as determined in Task 1 - Needs Assessment. Among other things, our evaluation will
consider: flexibility, usability, data entry, output, multi- users, historical data, longevity, costs
to City of Spokane Valley. The consultant shall procure the software for the City after
discussions with key staff. This task shall also include customization of the selected pavement
management software to include the development of pavement deterioration models to
predict the performance of the pavement network in the future, the identification of
treatment rules to determine when certain maintenance and rehabilitation treatments are
viable, and the establishment of treatment costs so that budgets can be developed.
Task 7 - Six -Year Pavement Management Plan with Reports and Maps: The information
contained in the pavement management database and the models developed in the previous
task 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 a multi-
year pavement maintenance and rehabilitation plan that is developed based on the
parameters established in the pavement management system. Results of the analysis will be
presented to City staff in the form of a report, which also provides the related details of the
implementation and color -coded GIS maps that show the proposed locations of work
throughout the City.
Factors taken into consideration when producing the schedule include the existing roadway
budget and historical maintenance data. The consultant will produce several pavement
management strategies (using different possible pavement treatment types) to show that
there is more than one approach to managing the City's pavement network.
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The goal is to either maintain the current pavement conditions (provided the pavement is in
good condition) or to' attain a desirable network average pavement condition within 5 to 10
years. The report produced as a result of this task will include future maintenance strategy
maps (on a yearly basis) as well as tables listing the specific roadway segments and their
respective treatments and costs on a yearly basis.
Task 8 - System Maintenance Evaluation: The consultant shall develop a plan for maintaining
the Pavement Management system. The plan shall identify the personnel and costs associated
with maintaining the system by: 1) consultant contract and, as an alternative, by 2) in -house
City personnel. The plan shall identify the necessary FTEs, equipment, and supplies to keep
the program viable. A brief report shall be prepared and submitted detailing the findings of
this task.
Task 9 - City Council Presentation: Early on in the effort, following the needs assessment,
the consultant will present the results of the needs assessment to the City Council on the
whole project, both phases. Council can express their perception of the pavement network.
J -U -B will discuss what a successful pavement management system consists of and will be
ready to answer questions the City Council would have regarding the topic of pavement
management. Also this would give J -U -B good insight to possible concerns the Council sees in
the future relating to pavement condition.
To complete this phase, J -U -B will present to the City council the findings of Tasks 7 and 8. A
summary of the conducted inventory as well as a brief overview of the chosen software will
accompany the presentation of the findings. The council will be informed of the existing
conditions of the City's pavement network and the steps needed .to implement a successful
pavement management system. It is anticipated that the City Council will be presented
multiple pavement management strategies to consider. We will encourage questions from the
Council in order to help them understand future staffing and budgets necessary for ongoing
pavement maintenance and system maintenance.
Task 10 - Training and System Installation: Following the completion of Tasks 1 through 9,
the specific pavement management software program shall be installed on the necessary
computers at the City. Four (4) days of training will be provided to City staff who will be
working with the pavement management software. The training will include an introduction
to the general concepts of pavement management along with specific instruction relating to
the use of the selected pavement management software. The training will include lecture,
discussion, and hands -on use of the software. The consultant shall also provide the City with a
users manual and all necessary documentation for staff to consult during the use of the PMS.
Phase 2 - Transportation Planning
Task 1 - Review and Evaluation: The consultant shall review and evaluate the city's current
methods for developing the annual Six Year Transportation Improvement Program (TIP). This
shall include a review of the available data used to develop the TIP and the manner is which
the data is managed. The purpose of this evaluation is to identify ways to improve the
methods used and improve the collection, storage, and evaluation of data necessary to
support the development of the annual TIP project priority list. Interviews/ meetings will be
conducted with key individuals from city staff, including the Public Works Director,
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engineering staff, maintenance personnel, and other staff that will be involved in the future
development of the annual TIP. The interviews will help determine the types of available
information, how this data is currently stored, retrieved and used, current staffing levels of
Public Works personnel, and any other information necessary for the consultant to perform the
assessment. This effort will help to understand project expectations, goals and objectives of
the City.
Through the course of the meetings/ interviews, we expect that all current pertinent data will
be obtained. This data will likely include, at a minimum, existing street maps, traffic data
(including historical), roadway right -of -way maps, traffic control devices, street classification
maps, previous studies, existing and future land use data, aerial photography and city
financial data for public works expenditures, staffing levels and responsibilities.
A report shall be prepared to present the consultant's findings. This report shall clearly
indicate if the current available data is adequate for development of the TIP and to support
grant applications. The report shall also identify improvements needed, if any, in the
methods or data used to support the development of the annual TIP. The report shall also
identify on -going staffing levels, resources, and budget to maintain the development of the
TIP each year.
Task 2 - Database Development: After reviewing the city's data upon which the prioritized
TIP project list is developed, the consultant shall review databases or other methods of data
storage used by other Washington jurisdictions, including Spokane County, and develop a
recommendation on how the city's data could be better managed. The consultant shall then
develop a database, a series of databases, or other methods that will allow city staff to better
manage the information necessary for the evaluation and prioritization of transportation
projects. This will include the management of transportation network volume /capacity ratios,
intersection levels of service, number and types of collisions /injuries /fatalities, recent local
bid results for unit price estimating, and other types of information identified in Task 1. The
recommended data management tool could be a third -party software, a modification of
another jurisdiction's methods, or the development of an entirely new method. Once a
method is selected, the consultant shall develop that method using the city's available data
and train city staff on its use.
Task 3 -Six -Year TIP Project List: The consultant shall assist city staff in the development of
the 2008 -2013 Six Year Transportation Improvement Program (TIP) using data identified in
Task 1. This shall include, but not be limited to, review of 1) volume /capacity ratios based on
Spokane regional traffic models, 2) number, location, and type of collisions /injuries /fatalities,
and 3) existing and forecast intersection levels of service. Coordination with other types of
information will be required including: 1) existing pavement conditions, 2) increased areas of
development and re- development within the city and in areas adjacent to the city, 3)
adjacent jurisdiction street projects that cross city boundaries, 4) proposed street
maintenance activities, and 5) full width paving projects associated with Spokane County's
Septic Tank Elimination Program. For the purposes of this Scope of Work, it is assumed that
data will be provided by the City for 126 intersections and approximately 3600 accident
records, and that an average of 2 hours per intersection will be required for analysis.
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The consultant shall develop and use a type of ranking system that will utilize the available
data to identify and support a prioritized TIP project list. The project list shall be divided into
logical categories. Example categories include, but are not limited to, Arterials, Safety,
Traffic Control, Sidewalks /Traits, and ITS. It is anticipated that some assistance at a policy
level may be necessary to provide guidance in prioritizing projects between project types.
Task 4 - Six Year TIP Cost Estimates: Once a preliminary project list is developed, the
consultant shall prepare planning -leve( cost estimates for each project. The planning -level
cost estimates shall include 1) a description of the proposed improvements, including number
of proposed lanes, intersection improvements, pedestrian/ bicycle improvements, ADA
requirements, drainage facilities, etc., 2) maps that define the proposed project limits, 3)
estimated quantities of proposed bid items including unit prices based on recent Spokane area
bid tabs, 4) right -of -way acquisition costs, and any other appropriate items. Conceptual
alternatives for some projects may be required in order to determine potential right -of -way
costs. For the purposes of this Scope of Work it is assumed that project descriptions, maps
and cost estimates will be prepared for 40 projects with an average of 1 day per project.
Task 5 - Six Year TIP Funding Proposals: The consultant shall review the project selection
criteria of the local, state, and federal grant programs available and shall identify a grant
funding program (or combination of grant programs) for each project on the TIP project list.
Grant programs shall include, but not be limited to, the following:
• WA State Transportation Improvement Board (TIB)
■ Corridor Completion Initiative (CCI)
■ Urban Arterial Program (UAP, previously AIP)
Urban Corridor Program (UCP, previously TPP)
• Sidewalk Program (SP, previously PSMP)
• Freight Mobility/ Strategic Investment Board (FMSIB)
• Federal Aid Program
■ Bridge (BR)
• Surface Transportation Program (STP)
• Congestion Management /Air Quality Funds (CMAQ)
• Transportation Enhancement Program
■ Emergency Relief
• Intersection and Corridor Safety
• WSDOT
■ Safe Routes to School Program
• Pedestrian and Bicycle Safety Program
• Regional Mobility Grant Program
• Spokane Transit Authority (STA)
• Bus related street improvements
• Community Development Block Grants (CDBG)
• Low - Moderate Income area improvements
• Washington Utilities and Transportation Commission (WUTC)
• Grade Crossing Protective Fund
The consultant shall also identify potential funding partners such as adjacent jurisdictions
and /or private developers, economic developments, multi -modal components, etc. to
compete well in grant competitions. It may also be beneficial to reprioritize projects based
on this exercise. For the purposes of this Scope of Work it is assumed that funding proposals
will be prepared for 40 projects with an average of 2 -3 hours per project plus discussions with
you and evaluations of agency program updates. Preliminary project scoping is also a product
of this task.
Task 6 - Six Year TIP Report - The consultant shall develop a Six Year TIP Report that consists
of the list of prioritized projects divided into categories and phases (PE, RW, and CN), by year
(based on available local match funds), by funding source, etc. City staff has presented
previous TIP reports to Council using both a spreadsheet and database methods. The
consultant shall review these two methods and recommend or develop an alternate method
for easily creating, editing, and tracking projects and project status in the TIP. The TIP report
shall consist of a list of prioritized projects The TIP report shall include all necessary
information for inclusion into the State Transportation Improvement Program (STIP) software.
Task 7 - Grant Applications: It is anticipated that J -U -B will assist the City with the
preparation of grant applications during the summer of 2006 to understand current techniques
used by the City and develop an understanding of current projects. It is anticipated that the
Spokane Regional Transportation Council will issue a Call for Projects for the'07 -'09 biennium
as a result of the recently passed federal transportation bill. It is also anticipated that the
Transportation Improvement Board (TIB) grant applications for the 2008 construction season
will be due at the end of August 2006. The consultant shall assist city staff prepare these, and
other, grant applications. Grant applications vary but the general type of information and
research required includes, but is not limited to: existing structural pavement condition,
existing and proposed levels of service (LOS), existing and proposed traffic volumes, system
continuity, project funding, alternative mode accessibility, transportation concurrency,
economic growth and development, urban accident analysis /annual benefit, public
support/ participation, environmental enhancements/ historical preservation, freight mobility,
GMA information /support, etc.
Usually it is not overly productive to submit an excessive number of projects applications for
the same grant source, but rather to prepare applications for those projects that will compete
the best - focus efforts on preparing good applications rather than many applications. For the
purposes of this Scope of Work it is assumed that up to 15 grant applications will be prepared -
7 TIB, 3 Enhancement and 5 other Federal, State or local grants with an average of 1 man -day
per application.
Task 8 - Resources Report: A stand alone document will be prepared that identifies
resources of the City of Spokane Valley that are used to prepare the annual Transportation
Improvement Program. This report will identify data sources and methodologies for data
collection and storage as well as the data evaluation and project prioritization processes
developed as part of the development of the 2008 - 2013 TIP. This information will be
conveyed in order for staff and elected officials to understand the level of effort that will be
required to maintain the TIP on an annual basis. Recommendations for future regular traffic
data collection updates will be made along with database maintenance, data evaluation and
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project development for new projects identified in the future, along with project
prioritization and report updates. A summary of the level of effort anticipated to accomplish
these tasks from an equipment, staffing and budget perspective will be provided.
Task 9 - Public Involvement: The consultant shall prepare for and attend one public open
house to present project identified and receive feedback to assist in the prioritization process
and ensure that all potential projects have been identified.
Phase 3 - Street Master Plan Report
The Consultant shall prepare a final Street Master Plan report that summarizes the efforts and
conclusions developed under Phases 1 and 2. The report shall include an overall summary of
the existing conditions of the city's street network, the proposed steps to maintain the
existing condition levels, recommendations on street capital projects and the development of
the annual Six Year TIP, and recommendations on budgets and staffing levels to maintain
these efforts. This task will also include incorporation of pertinent created maps and visual
aids.
SERVICES NOT TO BE PROVIDED BY J -U -B AS PART OF THIS AGREEMENT
The Consultant will not provide the specific services detailed below:
• Original traffic data collection.
• Bridge condition inventory.
Sidewalk inventory.
• Comprehensive traffic forecasting nor modeling for future conditions. (Existing SRTC
modeling wilt be used.)
-8-
ACORLD. CERTIFICAT' )F LIABILITY INSURAN� �` JUBOP EN -1 BEN x DATE(AIM7DINY 05/12/06
PRODUCER THIS CERTIFICATE IS r4d:,ED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
The Hartwell Corporation - Cal HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Caldwell ID 83606
Phone : 208- 459 -1678 Fax : 208 -454 -1114 INSURERS AFFORDING COVERAGE NAIC #
INSURED . _ INSURER Fireman's Fund Ins Co
Liberty Insurance., (A XV)
- J-rU -B Engineers, Inc. INSURER C:
250 S Beechwood Ave, Suite 201 INSURER D:
Boise ID 83709
INSURER E:
"OVERAGES
. THE POLICIES OF INSURANCE LISTED BELCAN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREf.1ENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT VaTH RESPECT TO V.YIICH 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.
INSRrO0` POLICY NUMBER YEFC CTI I EXPIRAT —O/
LTR INSR TYPE OF INSURANCE DATE MAVDOfYY DATE MIAM01YY LIMITS
A
X
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
MZX80846120
08/01/05
08/01/06
EACH OCCURRENCE
PREMISES Eaeccurence
$1,000,000
3100,000
MED EXP (Arg cno person)
S 10,000
CLAIMS MADE a OCCUR
PERSONAL 8 ADV INJURY
3 1,000,000
GENERAL AGGREGATE
s2,0 0 000
GENT AGGREGATE LIAIIT APPLIES PER:
PRGMXTS•COIAPK)PA.GG
S 2 000, 000
POLICY n J%O-- LOC
A
AUTOMOBILE LIABILITY
X ANY AUTO
MZXB0846120
08/01/05
08/01/06
COMBINED SINGLE LIMIT
(Eaacridonl)
31,000,000
BODILY INJURY
(Per Person)
3
ALL OV.QiED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per'acodrmo
3
HIRED AUTOS
NON -0VtTED AUTOS
PROPERTY DAMAGE
(Per aocidor4)
$'
_
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
AUTO ONLY: AGO
5
ANY AUTO
$
EXCESSMMBRELLA uaBIUTY
EACH OCCURRENCE
s4,000,000
AGGREGATE
$
A
X OCCUR f-1 CUUmstAADE
XAU00076813799
08/01/05
08/01/06
S
$
DEDUCTIBLE
$
X RETENTION S10,000
WORKERS COMPENSATION AND
X TOR IfAIT$ ER
A
EMPLOYERS' LIABILITY
ANY PROPRIE70RIPARTNERIEXECUTPJE
OFFICER.'MEMBEREXCLVDFD?
WZC80933483
08/01/05
08/01/06
E.L. EACHACCIOENT
$ 1000000
E.L. DISEASE - FAF.NPLOYEB
$1000000
If as, describe under
SPECIALPRO'AS*NStwfaw
ILL. DISEASE•POLICYLima
51000000
EB
10PIrmroRfe5sional Liab.
AEE197131 -0106
I
04/02/06
04/02/07
Ea. Claim $7,000,000
$100,000 Deduct.
Ann. Agg. $7,000,000
DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS
City of Spokane Valley is additional insured as required by contract and as
provided by attached form CG7158 (12/03).
r`COTICIr`ATC UnI nC0 CANCFI LA I ILIN
ACORD 25(2001106) ' l/HbVRV l y- %immilvl'll 1:70U
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Spokane Valley
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Christine Bainbridge
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
City Clerk
11707 E Sprague Ave, Suite 106
IMP" IT OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
Spokane Valley WA 99206
ATIVES.
LREPRES
D REPRESENT IVE
ACORD 25(2001106) ' l/HbVRV l y- %immilvl'll 1:70U
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 (2001108)
MultiCover® - CC 71 58 12 03
Policy Amendment(s) Conunercial General Liability Coverage Form
Your Commtxcial General Liability Coverage Form is
revised as follows:
1. Broadened Named Insured
A. SECTION II - WHO IS AN INSURED,
item 4., is replaced by the following:
4. Any organization that you own at the
inception of this policy, or newly acquire
or form during the policy period, and
over which you maintain during the pol-
icy period majority ownership or major -
ity interest, will qualify as a Named
Insured if;
a. '11terc is no other similar insurance
available to that organization; and
b. The first Named Insured shown in
the Declarations has the responsi-
bility of placing insurance for that
organization; and
c. That organization is incorporated or
organized under the taws of the
United States of America.
However:
(1) Coverage under this provision 4 is
afforded only until the next occur-
ring annual anniversary of the be-
ginning of the policy period shown
in the Declarations, or the end of the
policy period, whichever is earner,
and
(2) Coverage A does not apply to bodily
injury or property damage that oc-
curred before you acquired or
formed the organization; and
(3) Coverage B does not apply to per-
sonal wid advertising injury arising
but of an offense committed before
you acquired or formed the organ-
ization.
8. SECTION 11 - WHO IS AN INSURED, the
last paragraph, is replaced by the following:
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture, or limited liability
company that is not shown as a Named In-
sured in the Declarations. However, this does
not apply to a limited liability company that.
meets all of the conditions in Section II -
Who Is An Insured, item 4., above.
I. Additional Insured
SECTION 11 - WHO IS AN INSURED, sub-
sections 2.e. is added as follows:
e. Any person or organzation is included as an
additional insured, but only to the extent such
person or organization is held liable for
bodily injury, property damage or personal and
advertising injury caused by your acts or
omissions. With respect to the insurance af-
forded to such insured, all of the following
additional provisions apply:
(1) You and such person or organization
have agreed in a written insured contract
that such person or organization be
added as an additional insured under this
policy;
(2) The bodily injury, property damage or
personal and advertising injury for which
said person or organization is held liable
occurs subsequent to the execution of
such insured contract;
This Form must bye attached to Change endorsement when issued after the policy is written.
One of the Firernmi s Fund Insuronre Companies as named in the policy
s g5l_&4 �
se rotary
President
C07158 12.03
locludu ccpyri;htcd material of Insurance Serviecs office, tne. with its peraduion. Page I of 6
(3) The most we will pay is the lesser of
either the Limits of Insurance shown in
the Declarations or the limits of insur-
ance required by the insured contract;
(4) Such person or organization is an insured
only with respect to:
(a) Their ownership, maintenance, ' or
use of that part of the premises, or
land, owned by, rented to, or leased
to you, except such person or or-
ganization is not an insured with re-
spect to structural alterations, new
construction or demolition oper-
atio.-4 perforrrncd by or on behalf of
such person or organization;
(b) Your ongoing operations performed
for that insured;
(c) Their financial control of you, ex-
cept such person or organization is
not an insured with respect to struc-
tural alterations, new construction
or demolition operations performed
by or on behalf of such person or
organization;
(d) The maintenanc+c, operation or use
by you of equipment teased to you
by such person or organization;
(c) Operations perforated by you or on
your behalf and for which a state or
political subdivision has issued a
permit, provided such operations are
not performed for such state or pol-
itical subdivision, and arc: not in-
cluded within the products- compieted
operations hazard;
(5) This insurance does not apply to bodily
injury, property damage, personal and
advertising injury, occurrence or offense:
(a) Which takes place at a particular
premises after you cease to be a
tenant of that premises;
(b) Which takes place after all work, in-
cluding materials, parts or equip -
ment fumished in connection with
such work to be performed by or on
behalf of the additional insured at
the site of the covered operations,
has been completed;
(c) Which takes place after that portion
of your work out of which the injury
or damage arises has been put to its
intended use by any other person or
organization other than another
contractor or subcontractor engaged
in performing operations for a prin-
cipal as part of the same project;
(d) Which takes place after the expira-
tion of any equipment lease to
which (4)(d) above applies;
(6) With respect to architects, engineers or
surveyors, coverage does not apply to
bodily injury, property damage or per-
sonal and advertising injury arising out
of the rendering or failure to render any
professional services by or for you, in-
eluding-
(a) The preparing, approving, or failing
to prepare or.approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, or draw-
ings and specifications;
(b) Supervisory, inspection, architec-
tural, or engi necring services.
However, if an Additional Insured endorsement is
attached to this policy that specifically names a
person or organization as an insured, then this
subsection 2.c. does not apply to such person or
organization,
3. Additional Insured - Vendors
Unless the products- completed operations hazard
is excluded from this policy, SECTION II - WHO
IS AN INSURED, item 2.g. is added as follows:
g. Any vendor of yours is included as an addi-
tional insured, but only with respect to bodily
injury or property damage caused by your
products which are distributed or sold in the
regular course of the vendor's business, sub-
ject to the following additional exclusions:
(1) The insurance .i fforded the vendor does
not apply to:
CG I158 12-03
Indudes copyrieued lnituial of inswazKe Services Of11ee, Inc. with its perminion. Page 2 of 6
(h) Bodily injury or property damage
arising out of the liability of the
vendor for its own acts or omissions
or those of its employees or anyone
else acting on its behalf.
(2). This insurance,does not apply to any in-
sured person or organization from whom
-you have acquired suck- products or any
ingredient, part or container, entering
CC7153 12.03
Includrs copyrithtod maicrial or Imurance Seroicrs Office, Inc, wiib its permiss(on.
6. Litternlization
SEC`T'ION IV - COMMERCIAL. C- ENETtAL
LIABILITY CONDITIONS, the following is ad-
ded:
Liberalization
If we adopt a change in our forms or 'rules which
would broaden the coverage provided by any fonn
that is a pact of this policy without an extra
Page 3 of 6
(a)
Bodily injury or property damage for
into, accompanying or containing such
which the vendor is obligated to pay
products.
damages by" reason of the assump-
tion of liability in a contract or
However, if an Additional liisuc%d - Vendors
agreement. This exclusion does not
endorsement is attached to this policy that
apply to liability for damages that
specifically names a person of organization as
the vendor would have in the ab-
an insured, then this subsection 2.g. does not
sence of the contract or agreement;
apply to that person or organization.
(b)
Any express warranty unauthorized
4. Waiver of Subrogation
by you;
SECTION IV - COMMERCIAL GENERAL
(c)
Any physical or chemical change in
LIABILITY CONDITIONS, item 8., is replaced
the product made intentionally by
by the following:
the vendor;
8. Transfer of Ril hts.of ,Recovery Against Oth-
(d)
Repaeka�ng, unless unpacked solely
ers to Us and Blanket Waiver of Subrogation
for the purpose of inspection, dem-
onstration, testing, or the substi-
a. If the insured has rights to recover all or
tution of parts under instructions
Parl of any payment we have made under
from the manufacturer, and then re-
this Coverage Part, those rights are
packaged in the original container;
transferred to us. The insured must do
nothing; after the loss to impair those
(e)
Any failure to make such in-
rights. At our request, the insured will
spections, adjustments, tests or scr-
bring suit or tnmsfer those rights to us
vicing as the vendor has agreed to
and help us enforce them.
_
make or normally undertakes to
make in the usual course of busi•
b. if required by a written insured contract
' `
"Hess, in connection with the distrib-
executed prior to the occurrence or of-
"
ution.or sale of the products;
fense, we waive any right of recovery we
ma y have against nst an
g y person or organ-
(f)
Demonstration, installation, servic-
ization named in such insured contract,
ing or repair operations, except such
because of payments we make for injury
operations performed by the vendor
or damage arising out of your operations
in full compliance with the cyan-
work for that
or your person or organ-
ufacturer's written instructions at the
ization.
vendor's premises in connection
S. Cancellation - 120 Days
with the sale of the product;
Common Policy Conditions endorsement IL0017,
(g)
Products which, after distribution
A. Cancellation; item 2.h. is replaced, by the fol-
or sale by you, have been labeled or
lowing:
relabeled or used as a container, part
or ingredient of any other thing or
b. 120 days before the cifective date of cancella-
substance by or for the vendor; or
tion if we cancel for any other reason.
(h) Bodily injury or property damage
arising out of the liability of the
vendor for its own acts or omissions
or those of its employees or anyone
else acting on its behalf.
(2). This insurance,does not apply to any in-
sured person or organization from whom
-you have acquired suck- products or any
ingredient, part or container, entering
CC7153 12.03
Includrs copyrithtod maicrial or Imurance Seroicrs Office, Inc, wiib its permiss(on.
6. Litternlization
SEC`T'ION IV - COMMERCIAL. C- ENETtAL
LIABILITY CONDITIONS, the following is ad-
ded:
Liberalization
If we adopt a change in our forms or 'rules which
would broaden the coverage provided by any fonn
that is a pact of this policy without an extra
Page 3 of 6
premium charge, the broader coverage will apply
to this policy. This extension is effective upon the
approval of such broader coverage in your state.
7. Fire, Explosion, Sprinkler Leakage, or Lightning
Legal Liability Coverage
A. SECTION I - COVERAGES, COVERAGE
A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY, 2. Exclusions, the
last paragraph, is replaced by the following:
Exclusions c. through n. do not apply to
damage by fire, explosion, sprinkler leakage,
or lightning to premises while:
1. Rented to you;
2. Temporarily occupied by you with the
permission of the owner; or
3. Managed by you under a written agree-
ment with the owner.
A separate limit of insurance applies to this
coverage as described in Section III - LIMITS
OF INSURANCE.
B. SECTION III - LIMITS OF INSURANCE,
item 6., is replaced by the following:
6. Subject to 5. above, the Damage to
Premises Rented To You Limit shown
in the Declarations, for property damage
to any one premises while rented to you,
or in the case of damage by fire, explo-
sion, sprinkler leakage, or lightning while
rented to you, temporarily occupied by
you with the pennission of the owner,
or managed by you under a written
agreement with the owner, is the greater
of:
a. $1,000,000 Any One Premises; or
b. The Damage To Premises Rented
To You Limit shown in the Decla-
rations.
C. SECTION IV - COMMERCIAL GEN-
ERAL LIABILITY CONDITIONS, 4.
Other_ Insurance, . b. Excess Insurance, (1),
items (b) and (c), are replaced by the follow-
ing:
(b) That is Fire, Explosion, Sprinlder Leak-
age, or Lightning insurance for premises
C07159 12'01
indudes rmpyrighled material of Insurance Services Office, Inc. with lu permission.
while rentetl to you, temporarily occu-
pied by you with pennission 'of the
owner, or managed by you under a writ-
ten agreement with the owner;
(c) That is insurance purchased by you to
cover your liability as a tenant for
property damage to premises rented to
you, temporarily occupied by you with
the permission of the owner, or managed
by you under a written ag=rnent with
the owner; or
D. SECTION V - DEFINITIONS, 9. Insured
Contract, itein a., is replaced by the following:
a. A contract for a lease of premises.
However, that portion of the contract for
a lease of premises that indemnifies any
person or organi2ation for damage by
fire, explosion, sprinkler leakage, or
lightning to premises while rented to you,
temporarily occupied by you with per-
mission of the owner, or managed by you
under a written agreement with the
owner, is not an Insured contract;
8. Non -Owned or Chartered Watercraft
SECTION I - COVERAGES, COVERAGE A
BODILY INJURY AND PROPERTY DAM-
AGE LIABILITY, 2. Exclusions, item g. Aircraft,
Auto Or Watercraft, item (2), is replaced by the
following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used for public transportation
or as a common cam -cr;
9. Chartered Aircraft
SECTION I - COVERAGES, COVERAGE A
BODILY INJURY AND PROPERTY DAM-
AGE LIABILITY, 2. Exclusions, g. Aircraft,
Auto Or Watercraft, item (6), is added as follows:
(6) An aircraft in which you have no ownership
interest and that you have chartered with
crew.
10. Coverage Territory.- Broadened -
SECTION V - DEFINITIONS, item 4.a., is re-
placed by the following:
Page 4of6
1
l
a. The United States of America (including its Injury Liability Coverage applies. We do not
territories and possessions), Puerto Rico, have to furnish these bonds.
Canada, Bermuda, the Bahamas, The Cayman
Islands, and the .British Virgin Islands; d. All reasonable. expenses .incurred by the in-
sured at our request to assist us in the inves-
t I. Personal and Advertising Injury - Contractual tigation or defense of the claim or suit,
including substantiated loss of earnings up to
Unless personal and advertising injury is excluded $500 a day because of time off from work.
from this policy the following applies:
16. Duties in the Event of an Occurrence, Offense,
SECTION I - COVERAGES, COVERAGE B, Claim, or Suit - Amended
2. Exclusions, item c., is deleted.
12. Fellow Employee Coverage
SECTION! II - WI-IO IS AN INSURED, 2.a.,
item (l) is replaced by the following:
(1) Persomtl and advertising injury:
However, subsections (a), (b), (c) and (d) of item
(1) remain unchanged.
13. Bodily Injury Definition - Broadened
SECTION V - D1FINITIONS, 3. Bodily Injury
is replaced by the following:
Bodily injury means bodily injury, sickness, or di-
sease sustained by a person including death or
mental anguish resulting from any of these at any
time. Mental anguish means any type of mental
or emotional illness or disease.
14. Unintentional Failure to Disclose Hazards
SECTION IV - COMMERCIAL, GENERAL
L.IABILI`t'Y CONDITION'S, item 6. Rcpresenta-
tions, the followuig is added:
d. If you unintentionally fail to disclose any ha-
zards existing at the inception date of this
policy, we will not deny coverage under this
Coverage Form because of such failure.
However, this provision does not affect our
right to collect additional premium or exercise
our right of cancellation or non - renewal.
15. Supplementary Payments - Increased Limits
SECTION I - COVERAGES, SUPPLEMEN-
TARY PAYMENTS - COVF..RAGLS A AND
B, items I.U. and Ld., are replaced by the follow-
ing:
b. The cost of ban] bonds required because of
accidents or tragic, law violations _arising; out
of the use of any vehicle to which the Bodily
C07158 12.03
Includes eopyriOLcd rnaLcrial of Insurance Scrviccs Uflice, Inc, u4h iu peruduion.
SECTION IV - COMMERCIAL. GENERAL
LIABILITY CONDITIONS, items 2.a. and 2.b.,
are replaced with the following:
a. You must ;see . to it that'•.wa or any licensed
agent of ours are notified of a General
Liability occurrence or offense which may re-
sult in a claim as soon as practicable after it
becomes known to:
(1) You, if you are an individual;
(2) Your partner or member, if you are a
partnership or joint venture;
(3) Your member, if you are a limited !abil-
ity company;
(4) Your executive officer if you are an or-
ganization other than a partnership, joint
venture or limited liability company; or
(5) Your authorized representative or iunsur-
ance manager.
Knowledge of an occuurrence or offense by
persons other than those listed above does not
imply that those listed above also have such
knowledge.
b. To the extent possible, notice should include:
(1) How, when, and where the occurrence
or offense took place
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the occurrence or
offense.
17. Non Employment Discrimination Liability
Unless personal and advertising injury is excluded
from this policy the following applies:
Page 5 of 6
A. SECTION V - DEFINITIONS, 14. Personal
and advertising injury, item h. is added as fol-
lows:
h. Discrimination.
B. SECTION V - DEFINITIONS, item 23. is
added as follows:
23. Discrimination means the unlawful treat-
ment of a person or class of persons be-
cause of their specific race, color, religion,
gender, age, or national origin in com-
parison to one or more persons who are
not members of the specified class.
C. SECTION 1 - COVERAGES, COVERAGE
B PERSONAL AND ADVERTISING
INJURY LIABILITY, 2. Exclusions, the
following are added:
o. Discrimination directly or indirectly re-
lated to the past employment, employ-
ment or prospective employment of any
person or class of persons by any insured;
p. Discrimination directly or indirectly re-
lated to the sale, rental, lease or sublease
or prospective sale, rental, lease or sub-
lease of any dwelling, permanent lodging,
or pretnises by or at the direction of any
insured;
q. Discrimination, if insurance thereof is
prohibited by law; or
C07155 1243
Includes copyrighted material of Innwaiicc Ssrviees Office, Inc. wills Ni `enniseion.
r. Fines, penalties, specific performance, or
injunctions levied or imposed by a gov-
ernmental entity, governmental code,
law, or statute because of discrimination.
18. Medical Payments
Unless COVERAGE C MEDICAL PAY -
MENTS, or the products - completed operations
liazard has been excluded from this policy the fol-
lowing Applies:
A. SECTION I - COVERAGES, COVERAGE
C MEDICAL PAYMENTS, 2. Exclusions,
item f., is replaced by the following:
f. Products - Completed Operations Hazard
Included within the products - completed
operations hazard. However, this exclu-
sion does not apply to expenses for den-
tal services.
B. Section I - COVERAGES, COVERAGE C
MEDICAL PAYMENTS, is amended to in-
clude item 3. as follows:
3. Limit of Insurance
The Medical Expense Limit of Insurance
shall be the greater of:
a. $10,000 Any One Person; or
b. The amount shown in the Dcclara-
tions.
Page 6 of 6
0' .? -