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07-038.00 JUB Engineers: On Call Traffic Engineering SvcsAGREEMEI\'T FOR PROFESSi.ONAL SERVICES ,1 -U -B Engineers, Inc. THIS AGR_H F?M ET1T is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and J -U -R Engineers, Inc. hereinafter "Consultant," jointly referred to as "parties." IA' CONSIDERATION of the terms and conditions contained herein the parties agree as follows: I. Work to Be Performed. The Consultant will provide all labor, services and material to satisfactorily complete the attached Scope of Services. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Work, schedule and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Work, stop work and promptly cure any failure in performance under this agreement. B. Representations. The City has relied upon the qualifications of the Consultant in entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Work. No substitutions of agreed upon personnel shall be made without the written consent of the City. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Modifications. The City may modify this agreement and order changes in the work whenever necessary or advisable. The Consultant will accept modifications when ordered in writing; by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the City without additional compensation. 2. Term of Contract. 'this agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met. Either party may terminate this agreement by ten days written notice to the other party. In the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. The City agrees to pay the Consultant on a time and materials basis in accordance with the attached scope and fee schedule as full compensation for everything; done under this agreement, not to exceed 150.000. 4. Pavment. 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. Agreement for Professional Services Paige 1 of 5 4B C07 -38 . � r 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 he noncompliant with the Scope of Work, City Standards, City ordinances and federal or state standards. 5. Notice.. Notice shall be given in writing as follows: TO THE C I TY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name: David J. Kliewer, P.E. Phone Number: (509)921 -1000 Phone Number: (509) 458 -3727 Address: 11707 East Sprague Ave, Suite 106 Address: West 422 Riverside, Suite 722 Spokane Valley, WA 99206 Spokane, WA 99201 6. Applicable Laws and Standards. The parties, in the performance of this agreement, agree to comply with all applicable Federal, State, local laws, ordinances, and regulations. 7. Relationship of the Parties. It is understood, agreed and declared that the Consultant shall be an independent Consultant and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the Consultant Any and all employees who provide services to the City under this agreement shall be deemed employees solely of the Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this agreement and any liability that may attach thereto. 8. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by the Consultant under this agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 9. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Consultant's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to snake audits of all contracts, invoices, materials; payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 10. Insurance. The Consultant shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 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. Agreement for Professional Serviecs Page 2 of 5 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. '1 he City shat I 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 Suite 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: i . 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. Cancellation of Consultant's insurance shall be governed by either: a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City, or b. the Consultant shall provide at least 30 days prior written notice by certified mail, return receipt requested of a cancellation. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. F. 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, Agreement for Professional Services Pagc 3 of 5 complete copies of insurance policies shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self - insured retentions, and /or self - insurance. 11. Indemnification and Hold Harmless. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this a&rreernent, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from'the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 12. Waiver. No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. Ail 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 anytime any of 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 ofth is agreement or the benefits received hereunder without first obtaining the written consent of the other party. 14. Subcontracts. Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of the City. 15. Confidentiality. Consultant may, from time to time, receive information which is deemed by the City to be confidential. Consultant shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction. 16. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 17. , Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute, Consultant's attorney fees payable by the City shall not exceed the total sum amount paid under this agreement. 18. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This agreement may not be changed, modified or altered except in writing sigmed by the parties hereto. Agreement 1'or Profiwional Sen iecs Page 4 of 5 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 WHEREOF, the parties have executed this agreement this day of 2007. CITY OF SP VALLEY: Consultant: David Met5 ier anager Owner— Are anaaer Tax ID No. - REDACTED ATTES ine Bainbridge, City Clerk APPROVED AS TO FORM: Office of t dty 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 Page 5 of 5 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 Rep_istration. Prior to commencement of work under this agreement, Consultant shall register with the City as a business. 21. Sever- abilit '. 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 day of 2007. CiTY OF SP ANE VALLEY: Consultant: David Me rer anagcr ATTEST; ne Bainbridge, City Clerk 417&4�� 9wAer— Are � LManager Tax I.D No. (/82- 0290774 APPROVED AS TO FORM: Office oft City AttonYey Agreement for Professional Services Page 5 of 5 Exhibit A Scope of Work On Call Traffic Engineering Support Services A. General Scope of Work The work under this AGREEMENT shall consist of performing services related to On -Call Traffic Engineering tasks as herein defined and necessary to accomplish individuals tasks ( "task order ") issued by the CITY. The CONSULTANT shall furnish all services and labor necessary to accomplish these tasks, and shall provide all materials, supplies, equipment and incidentals except as designated elsewhere in the AGREEMENT, necessary to prepare and deliver to CITY the related traffic engineering support services. Each Task Order will be performed on a time and materials basis by the CONSULTANT. Each Task Order will be identified with a clear scope and a start and completion date. The terms of the Task Order cannot be modified without written approval from the CITY and CONSULTANT. Any work performed outside of the terms and conditions of the Task Order will not be considered for reimbursement. The CITY is not obligated to assigned any specific number of tasks to the CONSULTANT, and the CITY'S and CONSULTANT'S obligations hereunder are limited at the City's discretion. The CITY may require the CONSULTANT to perform all work on a project, or provide individuals to supplement existing CITY teams. Task orders may include, but are not limited to: A.1 Example Task Orders 1. Work with City staff at City Hall location as required. 2. Build or review Synchro models for use in retiming signals. 3. Review development projects from last year, determine where we've planned local street extensions, and then develop a city -wide map of logical local street extensions for review by planning and engineering staff. 4. Help with various signal warrant, HCS, Synchro, VISSIM type analyses for capital projects. 5. Review collision database and diagrams as needed to check collision patterns, calculate rates. 6. Field visits to investigate citizen's request for new signs, striping, etc. 7. Draft response letters to citizen request for stop signs, speed signs, etc. 8. Assist with drafting ordinance revisions to address speed limit changes, new no parking zones, etc. 9. Set up and download data from traffic counters. 10. Topographic and boundary surveying. Exhibit A Page 1 of 2 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Exhibit A Scope of Work / Page 2 of 2" 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. ACORD CERTIFICATE'l LIABILITY INSURANCE',—` OP ID ��� DATE(MMIDDIYYYY) J-UBE14 -1 05/23/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY. 40 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. Cald�gcll YD 83606 Phone:208- 459 -1678 Fax:208 -454 -1114 INSURERS AFFORDING COVERAGE NAIC4 IINSU`iED INSURER A: rtutd incur anN EC INSURER 3: yibes3y zmut.nre onderxsiteco J -U -B Engineers, inc. INSURERC 259 S Beechwood Ave, Suite 201 INSURERD: Boise ID 83709 INSURER E: COVERAGES THE POLICIES CF INSUPANCE LISTED ECLOVI: TALE BEEN ISSUED TO THE INSURED WhtM ABOVE FCR THE POLIKY PE MD OO(CA7ED. NOTNIiHSTANDING ANY REOUIR8AENT. TERM OR CONDITION CF ANY CCNTRACT OR OTHER 000YMENi WITH RESPECT TO VV`HICH THIS CERTIFICATE MAY EE ISSUED OR NOY PERTAIN, THE INSURANCE AFFORDED By TI+E POLICIES DESCRIBED H�IN I$ SU&IECT TO ALL TriE TERMS. EXCL(AANS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SKOYM WAY HAVE BceN RECLKED BY PAID CLAIMS, LTR R TYP°_ OF INSURANC_ POLICY NUMBER DATE (14NIADNY) VOATE (M1da'IQIYY) LIMBS G=_NEM LIABILITY EACH OCCURRENCE 3 1,000,000 A X X COFAVERCIAL GENERAL tABILITY IIZX80861372 08/01/06 08/01/07 F47EA „E4(Eaucn„ex:e .1 100,000 CLAOMm— MADE L"_r OCCUR hED EXP (Arty one Person) $ 5 , 000 PERSONAL &A7VIWURY $ 1,000,000 • Form 000001 • WA Stop Gap GENERAL AGGREGATE $2,000,000 GENL ASGPEGaTE LIMIT APPLIES PER: PRODUCTS - COMP -cP AGG $2,000,000 POLICY 7 j ' LCC AUTOMOBILE UABt1RY G'OItEB'IED SINGLE LIMIT $1,000,000 A X ANYAUTO MZX80861372 08/01/06 08/01/07 (Eoaccida'C) BODILY INJLRY b ALL MIXED ALJTDG SCHEDULED AUTOS (Per per-w) BODILY (NARY f KRED AUTOS NON- OMNEDAJTOG (Per BC&191) PROPE4TY DAMAGE $ (Per ccoidwl) GARAGE LWBILrTY AUTO ONLY - EA ACCIDENT f OTtiCR rIAN EA ACC I ANY AUTO I AUTO ONLY: AGG EcCESSnJMERELLA UM LnY EACH OCO -HENCE I OCCUR CLAIMSMADE AGGREGATE 3 3 3 DEDUCTIBLE S PEiEt7RON f COMPENSATION AND FFI1010W,ERS TORY LINT 5 I I _ET , EMPLOYERS' LIABILVY E.L. EACH ACCrCENT S ANY PROPRIETOPJPARTNBZ1E%ECUTIVE El. DISEASE - EAEM -LOYEi 3 OFFICMMEMMfz EJ(CLVCW? It yes, dosrSbe u10er SPECIAL PROVISIONS Celaw E.L. DISEASE - POLICY LIMIT I I OTHER B Profes. Liability AEE197131 -0107 04/02/07 04/02/08 Ea. Claim $7000000 $100,000 Deduct Ann. Aggr $7000000 DESCRIPTION OF OPERATIOVS 1 LOCATT0NS 1 VEHICLES I E(CLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS City of Spokane Valley is additional insured as required by contract and as provided by attached form CG7158 (12/03). *10 -day Notice of Cancellation applies for Non - payment. CERTIFICATE HOLDER CANCELLATION SPOKA -3 SROULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, T!HE ISSUING INSURER WILL ENOEAVCa TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE :{OLDS NAMED TO TrIE LEFT, BUT FAILURE TO DO SO SHAD City of Spokane valley CJ:POSE NO OBLOGATION OR LIABILRY OF ANY WND UPON THE INSURER, ITS AGENTS OR 11707 E Sprague Ave, Suite 106 Spokane Valley T-IA 99206 REPRESENTATIVES - A a Ei) REPRF. ENTATP�r, ? n n ACORD 25 (2001108) 0 ACORD CORPORATION 1988 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 SUSROGATION 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 (20011081 I, uliiCoverO - CG 71 58 12 43 Policy Arnendmtnt(s) Commercial General Liability Coverage Form Your Commercial General Liability Coveragc Form is revised as follows: Broadened Natned Insured A. SECTION 11 - WHO IS AN INSURED, itzm 4., is repiamd 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 maintai:' during the pol- icy period majority ownership or major- ity interest, will qualify as a Named Insured if: a. "There is no other simn a_r insurance available to that organization; and (3) Coveragc: B does not apply to per- sonal and advertising iniury arising out of an offense committed before you acquired or formed the organ- izations B. SECTION II - NVEO IS AN INSURED, the last paragt%tph, is replaced by the following: No person or organization is an insured with respect to the conduct of any currant or past partnership, joint venture,, or limited liability company that is not shown as a Natned In- sured in the Declarations. However, this does not apply to a LLniled liability company that meets all of the conditions .in Section 11 - Who Is An Insured, item 4., above. 2. AdditlarsA Im -ured b. The first Named Insured shown in SECTION 11 - WHO IS AN INSUREDD, sub - the Declarations has the responsi- sections 2.e. is added as follows: bili.ty of placing insurance for that organization; and c- Any person or organization is included as an additional insured, but only to the extent such c. That organization-is incorporated or person or organization is held liable for organized under the laws of the bodily injury, property dwntW or personal and United StaErs of America. advertising injury caused by your acts or However: Omissions. With respect to the insurance af. forded to such insured, all of the following (1) Coverage under this provision 4 is additional provisions apply: afforded only until the next occur- (1) You and such person or organization ring annual anniversary of the be- have agreed in a writlen insured contract ginning of the policy period shown that such person or organization be in the Declarations, or the end of the added as an additional insured under this policy period, whichever is earlier; PIDhcy: and (2) The bodily injury, property damnge or (2) Coverage A does not apply to bodily personal and tuNcrtising injury for which iniury or property daninge that ec- said person or organization is held liable cursed before you acquired or occurs subsequent to the execution of formed the organization; and such insured contract; Pa's Form must be attached to Chinva Endorsement when issued after the policy is written. One of the reremnn's Fund insurance Companies as named in the polity 4951"1 I'm, Se etary P residErt t CGMS 12.03 Includes cepyrighted mauriaJ of Insunnce Services 001ce, Inc. with its peraitsion. IaaLC l of 6 (3) The most we will pay is the lesser of behalf of the additional insured at F — either the Units of Insurance shown in the site of the covered operations, the Declarations or the limits of insur- has been completed; anc.5 required by the insured contract; (c) Which takes place after that portion (4) Such person or organization is an insured of your work out of which the injury My with respect to: or damage arises has been put to its ' intended use by any other person or (a) Their ownership, maintenance, 'or or&mization other than another use of that part of the premises, or contractor or subcontractor engaged land, owned by, rented to, or leased in performing operations for a prin- to you, except such person or or- cipal as part of the same project; ganization is not an insured with re- spect to structural alterations, new (d) Which takes place after the expira- construction or demolition oper- '- -ion of any equipment lease to ations performed by or on behalf of which (4)(d) above applies; such person or organization; (6) With respect to architects, engineers or (b) Your ongoing operations performed surveyors, coverage does not apply to for that insured; bodily injury, property damage or per- sonal and advertising injury arising out (c) Their financial control of you, ex- of the rendering or failure to render any cept such person or organization is professional services by or for you, in- not an insured with respect to struc- eluding: tural alterations, new construction r or demolition operations pwformed (a) The preparing, approving, or failing by or on behalf of such person or to prepare or approve, snaps, shop organization; drawings, opinions, reports, surveys, field orders, change orders, or draw- (d) The maintenance, operation or use ings and specifications; 3 by you of equipment leased to you by such person or orgartizatinn; (b) Supervisory, inspection, architec- tural, or engineering scrviczs. (e) Operations performed by you or on your behalf and for which a state or However, if an Additional Irsurcd endorsement is political subdivision has issued a attached to this policy that specifically names a permit, provided such operations are person or organization as an insured, then this not performed for such state or pol- subsection 2.e. does net apply to such person or itical subdivision, and are not in- organization. eluded within the products - completed 3. Additional Insured - Vendors operations hazard; Unless the products- completed operations hazard - (5) This insurance does not apply to bodily is excluded from this policy, SECTION lI - WJ-IO injury, property d:tlnage, personal and IS AN INSURED, item 2.g. is added as follows: advertising Injury, occurrence or offense: s g. Any vendor of yours is included as an addi- ct (a) tiWltich takes place at a particular tional insured, but only with respect to bodily e premises after you cease to be a injury or property damage caused by your dtenant of that preir iscs; products which are distributed or sold in the Which regular course of the vendor's business, sub- (b) takes place after all work, in- ject to the following additional exclusions: cluding materials, parts or equip- ment furnisbed in connection with (I) •fhe insurance a$or&d the vendor does U such work to be performed by or on not apply to: CG3156 I1 -03 IrX1tJ&s copytiOned matcrial or ksurmcc Services Me, Inc. with its peryw = ion. Page 2 of 6 (a) 13ndily 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 Hocyuvcr, if an Additional Insured - Vendors agreement. This exclusion does not endorsement is attached to this policy that apply to liability for damages that specifically names a person or 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 - COA+ MERCU\L GENERAL (c) Any physical or chemical change .in LIABILITY CONDITIONS, item 8., is replaced the product made intentionally by by the foflowing: the vendor; 8. Transfer of Rights of Recovery Against Oth- (d) Repackaging, 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 insurcu , has rights to recover all or tution of pasts under instructions part of any payment we have made under from the manufacturer, and then re- this Coverage Part, those rights are packaged -s 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 ser- bring suit or transfer those rights to us vicing as the vendor has agreed to and help us enforce tkem- make or normally. undertakes to mare in the usual course of busi- b. If required by a written insured contract ness, in connection with the distriir executed prior to the occurrence or of. utin or sale of the products; fense, we waive any right of recovery we may have against any person or organ - (f) Demonstration, installation, servic- ization ramtd in such insured contract, ing or repair operations, except such because of payments we crake for injury operations periiormed by the vendor or damage arising out of )our operations ire fuU, compliance with the man- or your work for that person or organ - ufacturces written instructions at the czation- vcndor's prc;nises .in connection 5. Canceliatiun - 120 Days with the sale of the product; Common.Policy Conditions endorsement IL0017, (g) Products which, after distribution A. Cancellation, item 2.b, is replaced by the fol- or sale by you, have been labeled or [owing: r- labeled or used as a container, part or ingredient of any other thing or b• 120 days before the effective date of cancella- substance by or for the vendor, or Lion if we cancel for any other reason. (h) bodily injury or property damage 6. Lrber:tlization arising out of the liability of the vendor for its own acts or omissions SE (YTION 1V - COMMERCIAL GENERAL or those of its employees or anyone LIABILITY CONDITIONS, the following is ad. else acting on its behalf. ded: (2) This insurance does not apply to any in- sured person or organjution frorn whom you have acquired such products or any ingredient, part or container, entering C01158 12.03 Include: oopydghled m:serid or Insurance Services orrice, Inc, with iu permission. LiberaIi�atiou If we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without an extra Page 3 of 6 prerruucn charge, the broader coverage will apply while rented to you, temporarily occu- to this policy, Thds extension is el ectiv;, upon the pied by you with perrniasion of the y� approval of such broader coverage in your stele. owner, or managed by you under a writ - ten agreement with the owner; 7. Fire, Explosion, Sprinkler Leakage, or Lightning Legal Liability Coverage (c) That is insurance purchased by you to A. SECTION I - COVERAGES, COVERAGE, cover your liability as a tenant for property datnage to premises rented to A BODILY INJURY AND PROPERTY you, temporarily occupied by you with -- DAMAGE LIABILITY, 2. Exclusions, the the permission of the owner, or managed last paragraph, is replaced by the following: by you under a written agreement with _ Exclusions c. through a. do not apply to the owner; or damage by fire, explosion, sprinkler leakage, D. SECTION V - DEFINITIONS, 9. or lightning to premises white: .Insured Contract, item a.., is replaced by the following; 1. Rented to you; a. A wntract for a lease of premises. Z Temporarily occupied by you with the However, that portion of the contract for permission of the owner; or a lease of premises that indemnifies any person or organization for damage by 3. Managed by you under a written arc- fim, explosion, sprinkler leakage, or ment with the owner. lightning to premises while rcn.tcd to you, temporarily occupied by you with per - A separate limit of insurance applies to this mission of the owner, or managed by you coverage as described in Section III - LIMITS under a written agreement with the OF INSURANCE. owner, is not an insured contract; o B. SECTION III _ LIMITTS OF INSURANCE, 8. Non-Owned or Chartered Watercraft o item 6., is replaced by the following: C' SECTION I - COVER-AGES, COVERAGE A 6. Subject to 5. above, the Damage to 90DILY INJURY AND PROPERTY DArtii- Premises Rented To You Limit shown AGE LIABILITY, 2. Exclusions, item & Aircraft, in the Declarations, for property damage Auto Or Watercraft, item (2), is replaced by the to any one premises while rented to you, following: or in the case of damage by fire, explo- sion, sprUWer leakage, or lightning while (2) A watercraft you do not own that is. rented to you, temporarily occupied by (a) I= than S i feet long; and you with the permission of the owner, or managed by you under a written (b) Not being used for public tramportat'son agreement with the owner, is the greater or as a common carry; of: 9. 0wrtered Aircraft a. $1,004,000 Any One premises; or SECTION I - COVERAGES, COVERAGE A b. The Damage To Premises Rented BODILY INJURY AND PROPERTY DANI- To You Limit shown in the Decla- AGE- LIABILITY, 2. Exclusions, g. Aircraft rations. v Auto Or Watercraft, item (6), is added as follows: Q C. SECTION 1V - COMMERCIAL GEN- (6) An aircraft itt which you have no ownership ERAL LIABILITY CONDITIONS, 4. interest and that you have chartered with Other Insurance, b. Excess Insurancu, (1), cretw. items (b) and (c), are replaced by the foLow- "' ing: 10. Coverage Territory - 13madened N (b) That is Eire, Explosion, Sprinkler Leah- SECTION V - DEFINITIONS, item 4.a., is r°- age, or Litttai.itg insurance for prrrriscs placed by the following: C07159 12-01 includes egrtirjitcd materiel oe huwanre Scrvic= OMrc, Enc. %lih lis perm. 4sion. Page 4 of 6 a. The United Stai,cs of Ametica (includn.nc; its territories and possessions), Puerto Rica, Canada, Bermuda, the .Bah:r.�as, The Cayman Islands, and the Bn6sh Virgin. Islands; 11. Personal and Advertising Injury - Contractual Unless personal and advertisf g, injury is excluded frorn this policy the following applies: SEC'T'ION I - COVERAGES, COVERAGE 13, 2. Exclusions, item e., is deleted. 12. Fellow Employee Coverage SECTION II - WHO 13 AN INSURED, 2.a., item (1) is replaced by the following: (1) Personal and advertising injury: f-fowcocr, subsections (a), (b), (c) and (d) of item (1) remain unchanged. 13. Bodily Injury Definition - Brondmied SECTION V - DEFINITIONS, 3. 13odily 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 rneans any type of mental or emotional illness or disease. 14. Unintentional Failure to Disclose Hazards SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, itcmi 6. Representa- tions, the following is added: d. If you unint--n1ionally fail to disclose any ha- zards existing at the inception date of this policy, sve will not deny coverage under this Coverage 1~onn because of such failure. However, this provision does not affect our right to collect additional premium or exercise our tight of cancellation or non - renewal. 15. Supplementary Payments - Increased Limits SECTION I - COVERAGES, SUPPLEMEN- TARY PAYMENTS - COVERAGES A AND B, items I .b, and l.d., arc replaced by the follow- ing: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily COVS91 12411 Inetn4es copyrighted m orial of Inw:anee Savicts Office. Inc. with its pemdnlon. Injury Liability Coverac applies, We do not have to furnish these bonds. d. AU reasonable expenses incurred by the in- sured at our request to assist us in the inves- tigation or defense of the claim or stilt, including substantiated loss of earnings up to $500 a day because of time off from work. 16. Duties in the Event of an Occurrence, Offense, Claim, or Suit - Amended S>CTION iv - COMMERCIAL GENERAL LIABILITY CONDITIONS, items 2.a. and 2.b., are replaced with the following. a. You most see to it that we or any licensed agent of ours arc 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 liabil- ity company; (4) Your executive officer if you arc an or- ganation other than a partnership, joint venture or limited liability company; or (5) Your authorized representative or insur- ance manager. Knowledge of an occurrence 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 ar-y 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 i r A. SEMOiV V - DEFINITIONS, 14. Personal and advertising injury, item h. is added as fol- lows: h. Discrimination. B. S>~CI'ION V - DEFIN1TIONIS, item 23. is added as follows: 23. Discrimination means the unlawful treat- __ merit of a person or class of persons be- _ cause of their specific race, color, religion, gender, age, or national origin in corn- = parson to one or mors persons who are not members of the specified class. C. SECTION I - COVERAGES, COVERAGE _ B PERSONAL ANrD 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 premises by or at the direction of any insured; q. Discrimination, if insurance thereof is prohibited by law; or 0 Q 7 N C U F Ct, ?158 lb03 yInciades copyrigh?ed roav!44 or Insurance Services Office, tile. with fu pwnission 0 0 r. Fines, penahies, specific performance, or injunctions levied or imposed by a gov- ernmental entity, governmental code, law, or statute because of discrimination. 18. Medical Payments Unlcss COVERAGE C MEDICAL PAY- MENTS, or the products - completed operations hazard has been excIudt d from this policy the fol- lowing applies: A SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, 2. Exclusions, item f., is rsplaced by the following: f. Products- Cumpleteil Operations tfia7ard Included within the products. completed operations luuard. However, this exclu- sion does not apply to expenses for den- tal services. 11_ Section I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, is amended to in- clude item 3. as follows: 3. Limit of Inmrance The Medical Expense Limit of Insurance shall be the greater of: a. $10,000 Any One Person; or b. The amount shown in the Declant- tions. Page 6 of 6 �' -..P A \i.. tV.1.1� - �il�Ii P.A \.N— \S.il_N.aP. /1Y.°S11 1�.4L:i�'!_"a- -i- 1 - -p. - �. -GJi may:- 17��• \�--o .l 'O n\- r��yl�y -., • .�...•. _ n MASTER'-LICENSE. SERV.ICEn o PL 9034 • Olympia, OVA 98507 -9034 • (360) 6f DO y REGISTRATIONS AN-D LICENSES STMT OF �VASHIVG I + Unified Business ID #: 600 069 S51 Foreign Profit Corporation Business ID #: 1 % rN Location: 2 Expires: 02-29 -2008 J -U -B ENGINEERS, INC. 422 W RIVERSIDE AVE STE 722 SPOKANE WA 99201 TAX REGISTRATION INDUSTRIAL INSURANCE UNEMPLOYMENT INSURANCE CITY LICENSES /REGISTRATIONS: SPOKANE VALLEY GENERAL BUSINESS The licensee named above has been issued th6 business registrations or ficenseS I'rSted. By accepting ibis document the licensee certi,�es the inforgn2tiorr - provided on the applicatiori fot these liconses v:as complete, true, and - accurate to the best of his or her kno,vledcie, and that business -ail! be conducted in — compliance v:ith all applicable Washington stale, county, and•c ty regLJ1[a60ns. C0 c G � O N OI a N S I N IX O ti! Z Z O N Vi Cn N H 7 2 C Z a/-4 0 /--, Z Vi U' w yfuo te 0 N o�z " 0 " >- F Z W .4 ~ZJ Ln C HU: 1 -J W 6 u ti I I �1 EI � J CN r-u co I Delp rW1011 ol10cers "lna Q c m ly U � C Y 0 O 7 O U O us G7 0 0 1- i5 U F ACORD CERTIFICA., PRODUCER The Hartwell Corporation - Cal PO Box 400 Caldwell ID 83606 OF LIABILITY INSURAI — DATE(MMlDDJYYYY) _1:1 JUBEN 1 08/09/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. �Phone:208- 459 -1678 Fax:208- 454 -1114 INSURED J -U -B Engineers, Inc. 250 S Beachwood Ave, Suite 201 Boise ID 83709 COVERAGES INSURERS AFFORDING COVERAGE NAIC # INSURER A: Fireman's Fund Ins Co INSURER 8: Liberty Insurance (A XV) INSURER C: INSURER 0: INSURER L THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERIA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO Nh(ICH 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 POCK IES, AGGREGATE UNITS SHO'PM MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR'A'D POLICY NUMBER POCICY'EXPIRAT70 UK.1T5 LTR NSR TYPE OF INSURANCE DATE MMJDDJYY) DATE MMIDOJYY A X GENERAL LIABILITY X COALAERCIAL GENERAL LIABILITY MZX80877308 08/01 /07 08/01/08 EACH OCCURRENCE $1,000,000 PREMISES E oewrence $ 100,000 MED EXP (Any one person) $10,()00 CLAIMS MADE OCCUR PERSONAL 8 ADV INJURY 1 $1,000,000 CG CoInpim VC M CG00e1 GENERAL AGGREGATE s2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - CON(PJOP AGO s2,000(000 POLICY X PRO LOC JECT A AUTOMOBILE LIABILITY A.NYAUTO MZX80877308 08/01/07 08/01/08 COMBINED SINGLE LIMIT (Eaacadenl) $ 1,000,000 X BODILY INJURY (Per porson) 3 ALL 01AWEO AUTOS SCHEDULED AUTOS BODILY INJURY (Per accicionrj 3 HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) 3 GARAGE LIABILITY AUTO ONLY -EA ACCIDENT 3 OTHER THAN EAACC AUTO ONLY: AGG 3 ANY AUTO 3 EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE Is4 000,000 A x OCCUR F� CLau4SMADE XAUS9237135 08/01/07 08/01/08 AGGREGATE Is s 3 DEDUCTIBLE 3 X RETENTION $10,000 WORKERS COMPENSATION AND IOTH- X TORY LIMITS ER E.L EACH ACCIDENr $1000000 A EMPLOYERS' LIABILITY ANY PRGPRIE7C)R1PAkY'iJER�)EECUT{VE OFFaRC£RAIEMBEREXCLUDEFI WZC80954260 08/01/07 08/01/08 E.LDISEASE - EAEMPLOYE- 31000000 SPECIAL OVl IONS below ELDfSEASE- POUGYLwIT $1000000 OTHER B Professional Liab. AEE197131 -0107 04/02/07 04/02/08 Ea. Claim $7,000,000 $100,000 Deduct. I Ann. Agg. $7,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Spokane Valley is additional insured as required by contract and as provided by attached form CG7158 (12/03). CERTIFICATE HOLDER CANCELLATION City of Spokane Valley Christine Bainbridge City Clerk 11707 E Sprague Ave, Suite 106 Spokane Valley WA 99206 Amnon -ic ronnirnR{ SPOKA -3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. CORPORATION 1988 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)