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11-054.00 Simpson Engineers: 2011 Stormwater Small WorksAGREEMENT FOR PROFESSIONAL SERVICES Simpson Engineers, Inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Simpson Engineers, Inc. hereinafter "Contracting Entity," jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Work to Be Performed The Contracting Entity shall 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 Contracting Entity. Prior to commencement of work, Contracting Entity shall contact the City Manager or designee to review the Scope of Services, schedule and date of completion. Upon notice from the City Manager or designee, Contracting Entity shall commence work, perform the requested tasks in the Scope of Services, stop work and promptly cure any failure in performance under this Agreement. B. Representations The City has relied upon the qualifications of the Contracting Entity in entering into this Agreement. By execution of this Agreement, Contracting Entity 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 Services. No substitutions of agreed -upon personnel shall be made without the prior, written consent of the. City. Contracting Entity represents that the compensation as stated in paragraph 3 is adequate and sufficient compensation for its timely provision of all professional services required to complete the Scope of Services under this Agreement. Contracting Entity shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contracting Entity shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Standard of Care. Contracting Entity shall exercise the degree of skill and diligence normally employed by architects, professional engineers or consultants performing the same or similar services at the time such services are performed. D. Modifications The City may modify this Agreement and order changes in the work whenever necessary or advisable. The Contracting Entity 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 Contracting Entity 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 as determined by the City. Contracting Entity shall complete its work within 20 working days of execution of this Agreement, unless the time for Agreement for Professional Services Page] of 6 t,()IIC_OG9 performance is extended in writing by the parties. Either party may terminate this Agreement for material breach after providing the other party with at least ten days' prior notice and an opportunity to cure the breach. The City may, in addition, terminate this Agreement for any reason by ten days' written notice to the Contracting Entity. In the event of termination without breach, the City shall pay the Contracting Entity for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation The City agrees to pay the Contracting Entity $ 15.830 as full compensation for everything done under this Agreement. An additional 10% of the approved amount ($1,583.00) is set aside as a contingency for any additional work done under this Contract. Contracting Entity shall not perform any extra, further or additional services beyond the original scope for which it will request additional compensation from the City without a prior written agreement for such services and payment therefor. 4. Payment The Contracting Entity shall be paid monthly upon presentation of an invoice to the City. Applications for payment shall be sent to the City Clerk at the below stated address. The City reserves the right to withhold payment under this Agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Notice Notice shall be given in writing as follows: TO THE CITY TO THE CONTRACTING ENTITY Name: Christine Bainbridge, City Clerk Name: Simpson Engineers, Inc. Phone Number: (5 09) 921 -1000 Phone Number: (509) 926 -1322 Address: 11707 East Sprague Ave, Suite 106 Address: 909 N. Argonne Rd. Spokane Valley, WA 99206 Spokane Valley, WA 99206 6. Applicable Laws and Standards The parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Contracting Entity warrants that its designs, construction documents, and services shall confirm to all federal, state and local statutes and regulations. 7. Relationship of the Parties It is understood, agreed and declared that the Contracting Entity shall be an independent contractor, 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 Contracting Entity. Any and all employees who provide services to the City under this Agreement shall be deemed employees solely of the Contracting Entity. The Contracting Entity 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 Contracting Entity 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. The written, graphic, mapped, photographic, or visual documents prepared by Contracting Entity under this Agreement shall, unless otherwise provided, be deemed the property of the City. The City shall be permitted to retain these documents, including reproducible camera -ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. The City shall have unrestricted authority to publish, disclose, Agreement for Professional Services Page 2 of 6 distribute and otherwise use, in whole or in part, any reports, data, drawings, images or other material prepared under this Agreement, provided that the Contractor shall have no liability for the use of the Contractor's work product outside of the scope of its intended purpose. 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 Contracting Entity's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 10. Insurance The Contracting Entity 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 Contracting Entity, its agents, representatives, or employees. A. Minimum Scope of Insurance Contracting Entity 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. 2. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contracting Entity's commercial general liability insurance policy with respect to the work performed for the City. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to the Contracting Entity's profession. B. Minimum Amounts of Insurance Contracting Entity 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: Agreement for Professional Services Page 3 of 6 1. The Contracting Entity's insurance coverage shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contracting Entity's insurance and shall not contribute with it. 2. Contracting Entity shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contracting Entity. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage As evidence of the insurance coverages required by this Agreement, the Contracting Entity shall furnish acceptable insurance certificates to the City at the time the Contracting Entity returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Contracting Entity shall be financially responsible for all pertinent deductibles, self - insured retentions, and/or self - insurance. 11. Indemnification and Hold Harmless The Contracting Entity 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 Agreement, subject only to the limitations provided below: Contracting Entity's duty to indemnify shall not apply to liability for .damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Contracting Entity, or its agents or employees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115 then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contracting Entity, its agents or employees, and the City, its officers, officials, employees, or volunteers, the Contracting Entity's duty to indemnify hereunder shall be only to the extent of the Contracting Entity's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contracting Entity's waiver of immunity under Industrial Insurance, Title 51 RCW solely for the purposes of this indemnification. Contracting Entity's obligation to defend, indemnify and hold the City harmless shall include, but not be limited to, the City's attorney and expert fees, court costs, and all other claim - related expenses. 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 a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 13. Assignment and Delegation Neither party shall assign, transfer or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. Agreement for Professional Services Page 4 of 6 14. Subcontracts Except as otherwise provided herein, the Contracting Entity shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the City. 15. Confidentiality Contracting Entity may, from time to time, receive information which is deemed by the City to be confidential. Contracting Entity shall not disclose such information without the prior 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. Disputes between the City and Contracting Entity shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Contracting Entity agrees that it may, at the City's request, be joined as a party in any arbitration proceeding between the City and any third party that includes a claim or claims that arise out of, or that are related to Contracting Entity's services under this Agreement. Contracting Entity further agrees that the Arbitrator(s) decision therein shall be final and binding on Contracting Entity and that judgment may be entered upon it in any court having jurisdiction thereof. 17. Cost and Attorney's Fees The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 18. Entire Agreement This written Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the parties hereto. 19. Anti- kickback No officer or employee of the City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any 'interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 20. Business Registration Prior to commencement of work under this Agreement, Contracting Entity 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 H H H H Agreement for Professional Services Page 5 of 6 COPY The parties have executed this Agreement thip day of , 20 /I OKANE VALLEY Contracting Entity: I City Manager By: C I1 ar (6 s C er e:S i L,, J Its: Authorized Representative Tax ID No. A APPROVED AS TO FORM: L.,4— I- Bainbridge, ity Clerk K Office o e City A#dmey 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 6 of 6 6N , Founded 1946 impson Engineers, Inc. Civil Engineering, Land Surveying & Land Planning April 5, 2011 Scope of Surveying Services 2011 Stormwater Small Works Projects City of Spokane Valley Ryan Broadwater, Simpson Engineers is pleased to offer a proposal to provide surveying field crew, equipment and office calculations for Tasks 1 and 2 per the "Request for Scope of Surveying Services" dated March 31, 2011. Our costs to complete tasks 1 and 2 for each intersection and streets are listed below: 1. Park Road and Valleyway Avenue = $1,770.00 2. Herald Street and I P h Avenue = $1,890.00 3. Archery Road, Farr Road and 8 Avenue = $2,470.00 4. Evergreen Road and 17 Avenue = $2,030.00 5. Park Road and 8 th Avenue = $2,190.00 6. Woodward Road and 35 Avenue = $1,630.00 7. 14 Avenue, Custer Street and Chronicle Road = $3,850.00 Total Estimate Costfor all 7 items listed above = $15,830.00 We are planning on handling traffic control with survey signs and cones. Please don't hesitate to contact us with any questions or concerns you may have. We look forward to hearing from you. Sincerely, Charles E. Simpson, P.E. & P.L.S. President Aaron C. Simpson, P.E. Vice - President 909 N. Argonne Rd., Spokane Valley, WA Phone: (509) 926 -1322 Fax: (509) 926 -1323 Email: aaron @simpsonengineers.com 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhatt@spokanevalley.org March 15, 2011 (Revised March 31, 2011) Simpson Engineers, Inc. 909 N. Argonne Rd. Spokane Valley, WA 99212 RE: Request for Scope of Surveying Services 2011 Stormwater Small Works Projects City of Spokane Valley The City of Spokane Valley is preparing design documents for the repair and/or upgrade of several problematic drainage areas around the City. Targeted locations to include: Intersections: -Park Road and Valleyway Avenue - Herald Street and 11 Avenue - Archery Road and Farr Road - Evergreen Road and 17 Avenue -Park Road and 8 th Avenue - Woodward Road and 35 Avenue Streets: -14 Avenue, Custer Street to Chronicle Road The scope of services consists of providing surveying field crew, equipment and office calculations for the following tasks: Task 1 Task 1 will be to establish benchmarks for each individual project location. The Consultant shall tie data to the Washington State Plane coordinate system (2 point minimum) and a vertical datum based on NAVD 88. Task 1 work shall begin within 7 working days after the City executes a Contract Agreement and will complete work within 20 working days. Task 2 Task 2 will be to provide 1 -foot topographic mapping for each individual project location. The Consultant shall obtain topographic survey data in the areas shown on the attached exhibits. The following data will be shown on the completed drawings: 2011 Stormwater Small Works Projects I of 3 Request for Scope of Surveying Services -Grade breaks within specified areas of survey, street cross -slope and gutter grades within specified survey areas. - Existing sanitary sewer structures and piping. Elevations will include rims and pipe inverts. Verify and show pipe type and size. - Existing stormwater structures and piping. Elevations will include rims, pipe inverts, and catchbasin/inlet bottoms. Verify and show pipe type and size. - Existing watermains, valves, hydrants, and meter vaults. - Automatic sprinkler heads located immediately behind street curbs. - Existing driveways, including type (concrete, gravel, etc.) and edge locations. - Existing trees larger than 4 inches in diameter. Note location, diameter, and species of each tree. Existing fencing located within the right -of -way. The Consultant to be responsible for coordinating utility locates prior to conducting the survey, and utility locates are to be incorporated into surveyed data and drawings. The Consultant shall also be responsible for all traffic control. The consultant shall prepare and submit a Traffic Control Plan for review and approval to the City of Spokane Valley Traffic Engineer 5 working days prior to starting work. A ROW Construction Permit is not required from the City of Spokane Valley. Consultant shall provide data collector files, ASCII point file, copies of all field notes, an electronic drawing in AutoCAD (version 2005 or later), relevant project data and drawing files such as TINS, DTM's, alignments, and breaklines. Consultant also shall include 24" x 36" bond copies at a 1"=30' scale, signed and dated by a Professional Land Surveyor licensed in Washington and be suitable for the development of final design plans. Show existing and proposed property and right -of -way lines on the completed topo map. Electronic copies of the AutoCAD version 2005 or later drawing file(s) in accordance with City of Spokane Valley standards shall be provided to the City upon completion of the survey drawing. A CD of a City of Spokane Valley prototype drawing, with the appropriate files, with a read -me document, will be provided prior to this survey being conducted. The read -me file will explain the location of certain files so point descriptions and line types will match the provided code sheet. Task 2 work shall begin within 7 working days after the City executes a Contract Agreement and will complete work within 20 working days. 2011 Stormwater Small Works Projects 2 of 3 Request for Scope of Surveying Services I look forward to working with you on this project. Please call me to arrange a meeting to discuss the project and to pick up additional information. Sincerely, Ryan Brodwater, E.I.T. Assistant Stormwater Engineer City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 PH: (509) 720 -5013 FX: (509) 921 -1008 rbrodwater@spokanevalley.org encl: Survey Exhibits 2011 Stormwater Small Works Projects 3 of 3 Request for Scope of Surveying Services ACORD CERTIFICATE OF LIABILITY INSURANCE 0 DATE 3/30/2011 PRODUCER (509)325 -3024 FAX (509)325 - 1803 Moloney, O'Neill, Corkery & Jones, Inc. 818 West Riverside Suite 800 Spokane, WA 99201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Clarence E Simpson Engineers Inc 909 N Argonne Rd Spokane, WA 99212 INSURERA: Hartford Casualty Insurance Co LIMITS INSURER B: GENERAL LIABILITY INSLRRER C: 04/01/2012 INSURER D: $ 1 INSURER E. X I CCMMERCIAL GENERAL L1..431LITY CLAINS MADE C OCCUR rrIVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS MOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILjR I AD01 TYPE OF INSURANCE POLICY NUMBER DAT P EXP ONY) LIMITS OF ANY HIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. GENERAL LIABILITY 52SBAPJ6656 04/01/2011 04/01/2012 EACH OCCLRRENCE $ 1 X I CCMMERCIAL GENERAL L1..431LITY CLAINS MADE C OCCUR DAMAGE TO RENTED $ 300, MED EXP (Any o person) $ 10,000 PERSONAL 3 ACV INJJRY $ 1, 000 , 000 A GENERAL AGGREGATE $ 2 , 000 , 00 0 GEN'L AGGREGATE LIMIT APPLIES PER PP.ODUC - S - COMF /OP A.GG $ 2 , 000 , 00 0 POLICY PPo JECT O LOC AUTOMOBILE X LIABILITY ANY AUTO 52SBAP36656 04/01/2011 04/01/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000 , 00 0 BODILY IIVJUR" (-or per $ A X X ALL CWNED ALTOS SCHECLLED AUTOS HIRED AIJTDS NON -OWNED AUTOS BODILYINJUR" ('ar accident) $ PROPERTY DAMAGE ( -or accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCICENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AG, EXCESSAIMBRELLALIABLITY EACH OCCLRRENCE $ OCCUR D CLAIMS MADE AGGREGA $ $ DECLCTIBLE $ RETENTICN S EMIPLOYEF X�X�fd4}4 EMPLOYERS' LIABI LITY A AVY PROPP.IETORiFARTN= RfEX:ECUTIVE 52SBAP36656 04/01/2011 04/01/2012 TV�, TA s C R- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA HVIPLDYEE $ 1,000,000 OF- CERIMEVBER EXCLUDED? If yes, describe unde S�HCIAL PROVISIONS below E.L. DISEASE - POLICYLIMT $ 1,000,00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Spokane Valley is Additional Insured with respect to General Liability per form SS0008 (04/05) CFRTIFICGTF wni I]FR raNrpu I ATICIW ACORD 25 (2001108) © ACORD CORPORATION 1988 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, City of Spokane Valley BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 11707 E Sprague Ave, Suite 106 OF ANY HIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE �r Tim Brinson JDH / " ACORD 25 (2001108) © ACORD CORPORATION 1988 EVIDENCE OF INSURANCE CIVIL ENGINEERS PROFESSIONAL LIABILITY INSURANCE ITEM I ITEM 2: POLICYHOLDER - ISSUED TO THE AMERICAN SOCIETY OF CIVIL ENGINEERS POLICY NO. NAC 101710 ITEM 3: COVERAGE PERIOD: INCEPTION: 01 /01/2011 EXPIRATION: 01/01/2012 ITEM 4: RETROACTIVE DATE: ITEM 5: LIMIT OF LIABILITY: A) LIMIT IN ALL (INCLUDING COSTS, CHARGES AND EXPENSES) IN RESPECT OF EACH CLAIM B) LIMIT IN THE AGGREGATE (INCLUDING COSTS, CHARGES AND EXPENSES) FOR EACH ANNUAL PERIOD ITEM 6: DEDUCTIBLE EACH CLAIM: ITEM 7: TOTAL PREMIUM: BOTH DAYS AT 12:01 A.M.LOCAL STANDARD TIME AT THE MEMBERS MAILING ADDRESS 01/01/2011 $1,000,000 $1,000,000 ITEM 8: ENDORSEMENTS AT COVERAGE PERIOD INCEPTION DATE: • AIF 2385 (07/08) • N.M.A. 1256 • N.M.A. 1477 THIS DOCUMENT (EVIDENCE OF INSURANCE) IS ISSUED AS NOTICE OF INSURANCE FOR INFORMATION ONLY. IT DOES NOT CONSTITUTE A LEGAL CONTRACT OF INSURANCE. THE MASTER POLICY AND THE APPLICATION OF THE INSURED, IF ANY, FORM THE ENTIRE CONTRACT. THIS EVIDENCE WHICH IS FURNISHED IN ACCORDANCE WITH, AND IN ALL RESPECTS IS SUBJECT TO, THE TERMS OF THE MASTER POLICY, A COPY OF WHICH IS ATTACHED HERETO FOR INFORMATION PURPOSES ONLY AND REPLACES ANY OTHER EVIDENCE PREVIOUSLY ISSUED COVERING THE INSURANCE DESCRIBED HEREIN. AIF 2385 E (08/06) EVIDENCE NO. 2200136 - 00 NAMED INSURED: EFFECTED WITH Clarence E. Simpson Engineers, Inc. UNDERWRITERS AT LLOYD'S OF LONDON (NOT INCORPORATED) MAILING ADDRESS OF NAMED INSURED: LLOYD'S ILLINOIS, INC. 909 N Argonne Rd 181 W. MADISON STREET Spokane Valley, WA 99212 -2791 SUITE 3870 CHICAGO, IL 60602 -4541 ITEM 3: COVERAGE PERIOD: INCEPTION: 01 /01/2011 EXPIRATION: 01/01/2012 ITEM 4: RETROACTIVE DATE: ITEM 5: LIMIT OF LIABILITY: A) LIMIT IN ALL (INCLUDING COSTS, CHARGES AND EXPENSES) IN RESPECT OF EACH CLAIM B) LIMIT IN THE AGGREGATE (INCLUDING COSTS, CHARGES AND EXPENSES) FOR EACH ANNUAL PERIOD ITEM 6: DEDUCTIBLE EACH CLAIM: ITEM 7: TOTAL PREMIUM: BOTH DAYS AT 12:01 A.M.LOCAL STANDARD TIME AT THE MEMBERS MAILING ADDRESS 01/01/2011 $1,000,000 $1,000,000 ITEM 8: ENDORSEMENTS AT COVERAGE PERIOD INCEPTION DATE: • AIF 2385 (07/08) • N.M.A. 1256 • N.M.A. 1477 THIS DOCUMENT (EVIDENCE OF INSURANCE) IS ISSUED AS NOTICE OF INSURANCE FOR INFORMATION ONLY. IT DOES NOT CONSTITUTE A LEGAL CONTRACT OF INSURANCE. THE MASTER POLICY AND THE APPLICATION OF THE INSURED, IF ANY, FORM THE ENTIRE CONTRACT. THIS EVIDENCE WHICH IS FURNISHED IN ACCORDANCE WITH, AND IN ALL RESPECTS IS SUBJECT TO, THE TERMS OF THE MASTER POLICY, A COPY OF WHICH IS ATTACHED HERETO FOR INFORMATION PURPOSES ONLY AND REPLACES ANY OTHER EVIDENCE PREVIOUSLY ISSUED COVERING THE INSURANCE DESCRIBED HEREIN. AIF 2385 E (08/06)