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.
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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)