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11-100.00 HDR Engineering: Sprague Appleway Couplet EvaluationAGREEMENT FOR PROFESSIONAL SERVICES <HDR, Inc.> THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and HDR ENGINEERING, 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. Contracting Entity makes no warranties, expressed or implied, under this Agreement or otherwise, in connection with the Contracting Entity's professional services. 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 Agreement for Professional Services Page 1 of 6 CI1_ 10 D effect until completion of all contractual requirements have been met as determined by the City. Contracting Entity shall complete its work by the dates in the attached Scope of Services, unless the time for 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 $ 44,421.53 as full compensation for everything done under this Agreement. Contracting Entity shall not perform any extra, further or additional services for which it will request additional compensation from the City without a prior written agreement for such services and payment therefore. 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, Contract Entity's Standard of Care, City standards, City Code, and federal or state standards. 5. Notice Notice shall be given in writing as follows: TO THE CITY Name: Christine Bainbridge, City Clerk Phone Number: (509) 921 -1000 Address: 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 TO THE CONTRACTING ENTITY Name: Ross Kelley, P.E. Phone Number: (509) 343 -8500 Address: 1401 E. Trent Ave, Suite 101 Spokane, WA 99202 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 agrees that its designs, construction documents, and services shall conform 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 Deliverables, as defined by the Scope of Service and 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 Deliverables 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 project - specific documents, including reproducible camera -ready originals of reports, reproduction quality mylars of maps, and copies in Agreement for Professional Services Page 2 of 6 the form of computer files, for the City's use. The City shall have unrestricted, non - exclusive authority to publish, disclose, 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 Deliverables 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. Agreement for Professional Services Page 3 of 6 C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. The 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, 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, to the extent caused by the wrongful or negligent 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 negligence of the City, 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. HDR's indemnification and any defense obligation shall be limited to the percentage of fault apportioned to HDR by a court of law, arbitrator or by mutual agreement between the parties to this Agreement 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 Agreement for Professional Services Page 4 of 6 provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 13. Assignment and Delegation Neither party shall assign, transfer or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 14. Subcontracts Except as otherwise provided herein, the 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 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. Agreement for Professional Services Page 5 of 6 22. Exhibits Exhibits attached and incorporated into this Agreement are: 1. Scope of Services 2. Insurance Certificates s� The parties have executed this Agreement thi/_ day of 20,// CI Y OF S VALLEY Mike Jackson, City nager Contracting Entity: H nq + n evr t , /11c. UAM� J��& By: U) r 10(t K 0 616-- ) [0 L Its: Authorized esentative Tax ID No. EDA ATTEST: T§tine Bainbridge, ty Clerk APPROVED AS TO FORM: 5 Office of thV City Att 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 SCOPE OF SERVICES CITY OF SPOKANE VALLEY SPRAGUE - APPLEWAY COUPLET EVALUATION As requested by the City of Spokane Valley, HDR will evaluate the traffic impacts that would occur if the City of Spokane Valley converted the one -way couplet of East Sprague Avenue and Appleway Boulevard back to two -way roadways from Dishman -Mica Road to University Road. This study will be performed in two phases: the first phase analysis is intended to identify if there is a fatal flaw in the traffic operations using existing and rough 2030 traffic volumes; the second phase will use the existing and future year 2030 Spokane Regional Transportation Council (SRTC) travel demand forecasting VISUM models to take a more refined look at the impacts and mitigations. This traffic study will determine: • Existing and rough 2030 traffic volume operations and potential mitigations to meet LOS requirements (Phase 1) • Existing and 2030 travel demand model traffic volume operations and potential mitigations to meet LOS requirements (Phase 2) • Estimated costs of mitigations The work will be completed in two phases, Phase 2 being contingent on the results for Phase 1 and requiring permission from the City to go forward. To accomplish these project objectives, HDR proposes the following tasks and sub -tasks necessary to achieve the City's needs. 1.0 Project Coordination and Management The HDR project manager (PM) will coordinate with the city staff and HDR staff, provide status reports and invoices, implement quality control and quality assurance on deliverables, and manage the project progress and resolve any issues arising from Tasks 2 and Task 3 below. The sub -tasks are primarily described as follows: 1.1 Project invoicing, budget tracking, reviews, client coordination Deliverables: Invoices and progress reports 2.0 Phase 1— Initial Analysis The following sub -tasks describe the scope of work for the initial analysis: 2.1 Data Collection Data will be collected from the City including existing traffic counts, Synchro models, and other related traffic information for the existing system. Data will also be collected in the field and observations made to develop the Synchro model. 2.2 Existing Condition Synchro Model and LOS HDR will utilize the existing traffic information and the City's Synchro network to perform an intersection delay LOS analysis for the existing traffic volumes and roadway network conditions to compare to the proposed two -way roadway network. 2.3 Convert to 2 -Way, Analyze LOS, Determine Mitigations and Develop Costs for 2011 Volumes Using the revised roadway network information from the City, HDR will revise the Synchro network and redistribute the traffic volumes for the am and pm conditions for analysis of the 2 -Way alternative. HDR will get concurrence from City traffic staff for the redistribution before performing the LOS analysis for the 2011 volumes in Synchro. If LOS failures are identified, HDR will propose and test mitigation improvements for these locations. Rough costs will also be developed for these mitigations. 2.4 Obtain and Review Travel Demand Forecasting Models from SRTC SRTC has a validated travel demand forecasting VISUM model for the existing pm condition. HDR staff will need permission from the City to obtain the validated existing SRTC travel demand forecasting VISUM model to use to project traffic growth from the existing condition future 2030 design year in order to estimate the 2030 volumes. The model running scripts and model documentation will be obtained for review and VISUM model test runs. 2.5 Estimate 2030 Volumes, Analyze LOS, Determine Mitigations and Their Costs HDR will use the previously revised Synchro network setup and volumes and agreed to traffic distributions to roughly evaluate the traffic volumes for the 2030 am and pm conditions. HDR will utilize the 2030 model information to estimate a percentage of growth to be applied to the existing traffic volumes and get concurrence from City traffic staff for the growth before performing the LOS analysis in Synchro for the 2030 volumes. If LOS failures are identified, HDR will propose and test mitigation improvements for these locations. Costs will also be developed for these mitigations. 2.6 Reports and Presentations HDR will develop a two page memo summarizing the analysis and results and will assist the City staff present the findings to the Council at the July meeting. Deliverables: 2 page memo and presentation to Council. 3.0 Phase 2 — Travel Demand Model Refinement and Operational Analysis The following sub -tasks describe the scope of work for the initial analysis: 3.1 Use Travel Demand Models to Develop Trip Distribution & Post Process Volumes Adjustments will be made to the travel demand models in order to align with the existing and future conditions anticipated in the project area. The travel demand models will be used to develop travel patterns for the am and pm time periods to be used to analyze the operations including the LOS. 3.2 Analyze LOS, Determine Mitigations & Their Costs 2 HDR will use the previously revised Synchro network and agreed to traffic distributions to evaluate the traffic volumes for the existing and 2030 am and pm conditions using the volumes from the 2008 and 2030 travel demand models. HDR will utilize the 2008 and 2030 model information and obtain concurrence from City traffic staff before performing the LOS analysis in Synchro for the existing and 2030 volumes. If LOS failures are identified, HDR will propose and test mitigations for these locations. Costs will also be developed for these mitigations as well as costs for the conversion from the existing couplet to the two -way configuration. 3.3 Reports and Presentations HDR will develop a two page memo summarizing the analysis and results and deliver the findings by August 15, 2011. HDR will assist City staff by presenting these findings to Council. Deliverables: 2 page memo and presentation to Council. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Project Estimate Spreadsheet 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. 1 ® ACORN CERTIFICATE OF LIABILITY INSURANCE 6/1/2012 DATE (MWDD/Y M 8/1/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC -I Kansas City 444 W. 47th Street, Suite 900 Kansas City MO 64112 -1906 (816) 960 -9000 CONTACT PHONE FAX E'� ac No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Company 19682 6/1/2011 INSURED HDR ENGINEERING, INC. 1013472 ATTN: LOUIS J. PACHMAN INSURER B: St. Paul Fire and Marine Insurance Company 24767 INSURER C: Sentinel Insurance Company, Ltd. 11000 INSURER D: Zurich American Insurance Company 16535 8404 INDIAN HILLS DRIVE OMAHA, NE 68114 -4049 INSURER E: X Contractual Liab. INSURER F: COVERAGES T- MRTNO1 SA CERTIFICATE NUMBER: 11366771 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, . EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE ADD INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDD LIMITS A GENERAL LIABILITY X OMMERCIAL GENERAL LIABILITY CLAIMS -MADE 10 OCCUR Y Y 37CSEQUO950 6/1/2011 6/1/2012 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1, 000,000 MED EXP (Any one person) $ 10, 000 PERSONAL & ADV INJURY $ 1,000,000 X Contractual Liab. GENERAL AGGREGATE $ 2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2, 000,000 $ POLICY X JEC X LOC A A AUTOMOBILE LIABILITY X ANY AUTO Y Y 37CSEQUO951 AOS) 37CSEQU0952 �HI) 6/1/2011 6/1/2011 6/1/2012 6/1/2012 (Ea accident) $ 2 , 000 , 000 BODILY INJURY (Per person) $ ) � BODILY INJURY Per accident $ XXXXXXX ALL OWNED SCHEDULED AUTOS AUTOS NOWOWNED X HIRED AUTOS NX AUTOS PROPERTY DAMAGE 8ccident) $ XXXXXXX 1! $ XXXY-XYX B X UMBRELLA LIAB X OCCUR N N QK08001218 6/1/2011 6/1/2012 EACH OCCURRENCE $ 1 1 000,000 EXCESS LIAB CLAIMS -MADE (EXCLUDES PROF. LTAB) AGGREGATE $ 1 000 000 DED I X I RETENTION $ $ $ xxxxxxx C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY OFFICE R/ PR OPRIET O R / PARTNER/E X ECUTIVE F (Mandatory in NH) N / A Y 91WEOH1000 7/1/2011 7/1/2012 TAT X J TORY LIMIT ER E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE - EA EMPLOYEEI $ 1 , 000 , 000 describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1, 000,000 D ARCHS & ENGS PROFESSIONAL N N EOC9260026 -04 6/1/2011 6/1/2012 PER CLAIM: $1,000,000. AGG: $1,000,000. LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: CLIENT #344356: SPOKANE VALLEY SPRAGUE - APPLEWAY COUPLET EVALUATION; HDR CONTRACT #CON0064901 /PROJ #166699. CITY OF SPOKANE VALLEY, ITS OFFICERS, OFFICIALS, EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONAL INSURED ON GENERAL AND AUTOMOBILE LIABILITY AS PER WRITTEN CONTRACT, ON A PRIMARY, NON - CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES WHERE APPLICABLE BY LAW. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11366771 CITY OF SPOKANE VALLEY ATTN: CHRISTINE BAINBRIDGE, CITY CLERK 11707 E. SPRAGUE AVE., SUITE 106 SPOKANE VALLEY WA 99206 ACORD name and logo are registered marks of ACORD -----1 AC •RO° DATE(MM/DD/YYYY) `„� CERTIFICATE OF LIABILITY INSURANCE 6/1/2014 5/24/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies,LLC-1 Kansas City CONTACT FAx 444 W.47th Street,Suite 900 (A/C,No,Ext): I (NC,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Hartford Fire Insurance Company 19682 INSURED 1 HDR ENGINEERING,INC.' INSURER B: St.Paul Fire and Marine Insurance Company 24767 1013472'8404 INDIAN HILLS DRIVE INSURER C: Sentinel Insurance Company,Ltd. 11000 OMAHA,NE 68114-4049 Zurich American Insurance Company 16535 INSURER D: p Y INSURER E: INSURER F: COVERAGES HDRINO1 CERTIFICATE NUMBER: 11366771 REVISION NUMBER: XXX)(XXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER IMM/DDI EYYYY)IMM/DDY/YEYTY) LIMITS A GENERAL LIABILITY y y 37CSEQUO950 6/1/2013 6/1/2014 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(a occurrence) $ 1,000,000 1 CLAIMS-MADE© OCCUR MED EXP(Any one person) $ 10,000 X Contractual Liab. PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENII AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 —I POLICYI I E 1.- I LOC $ A AUTOMOBILE LIABILITY y Y 37CSEQUO951(AOS) 6/1/2013 6/1/2014 (Eaacccl dentSINGLE LIMIT $ 2,000,000 A XX X ANY AUTO 37CSE U0952(HI) 6/1/2013 6/1/2014 BODILY INJURY(Per person) $ XXXXX A 37MCP U1160(MA) 6/1/2013 6/1/2014 _ AUTOS OWNED _SCHEDULED BODILY INJURY(Per accident $ XX){XXXX NON-OWNED PROPERTY DAMAGE $ XX)CXXXX X HIRED AUTOS X AUTOS (Per accident) $ XXXXXXX B X UMBRELLA LIAB X OCCUR N N ZUP-10R64084-13-NF 6/1/2013 6/1/2014 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE (EXCLUDES PROF.LIAB) AGGREGATE $ 1,000,000 DED I X I RETENTION$0 $ XXXXXXX WORKERS COMPENSATION WC STATU- 0TH- C AND EMPLOYERS'LIABILITY y 91 WEOH1000(AOS) 7/1/2013 7/1/2014 X (TORY LIMITS FR C ANY PROPRIETOR/PARTNER/EXECUTIVE © N/A 91 WBOH1760�HI) 7/]/2013 7/1/2014 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIPTION uO'FleOPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D ARCHS&ENGS N N EOC9260026-06 6/1/2013 6/1/2014 PER CLAIM:$1,000,000. AGG: PROFESSIONAL $1,000,000. LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: CLIENT#344356: SPOKANE VALLEY,SPRAGUE-APPLEWAY COUPLET EVALUATION;HDR CONTRACT#CON0064901/PROJ#166699. CITY OF SPOKANE VALLEY,ITS OFFICERS,OFFICIALS,EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONAL INSURED ON GENERAL AND AUTOMOBILE LIABILITY AS PER WRITTEN CONTRACT,ON A PRIMARY,NON-CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES WHERE APPLICABLE BY LAW. CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11366771 AUTHORIZED REPRESENTATIVE CITY OF SPOKANE VALLEY ATTN:CHRISTINE BAINBRIDGE,CITY CLERK 11707 E.SPRAGUE AVE.,SUITE 106 SPOKANE VALLEY WA 99206 f: I ACORD 25(2010/05) © 9:8-2010 AC w- • ORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD 0,011— 1 POLICY NUMBER: 37CSEQUO950 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED---OWNERS,LESSEES OR CONTRACTORS--SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS PER WRITTEN CONTRACT,ON A PRIMARY,NON-CONTRIBUTORY BASIS (Information required to complete this Schedule,if not shown above,will be shown in the Declarations.) A. Section II-Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury","property damage"or"personal and advertising injury" caused,in whole or in part,by: 1.Your acts or omissions;or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. B.With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1.All work,including materials,parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Miscellaneous Attachment:M5509 Certificate ID : 11366771 POLICY NUMBER: 37CSEQU0950 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, THROUGH WRITTEN CONTRACT,AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE FOR COMPLETED OPERATIONS. Location And Description of Completed Operations: ANY LOCATION WHERE YOU HAVE AGREED, THROUGH WRITTEN CONTRACT, AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE FOR COMPLETED OPERATIONS. Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property damage" caused, in whole or in part, by"your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 Miscellaneous Attachment:M5509 Certificate ID : 11366771 POLICY NO 37CSEQUO951 HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured"for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition-TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Name of Additional Insured Person(s) of Organization(s): Blanket coverage as required by written contract. Hartford Form #HA9913 Miscellaneous Attachment: M6986 Certificate ID : 11366771 POLICY DEDUCTIBLES : GENERAL LIABILITY = $100, 000 OCCURRENCE; AUTO LIABILITY $100, 000; PROFESSIONAL LIABILITY $100, 000 . Miscellaneous Attachment:M86310 Certificate ID : 11366771 i^1 ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DD/YYYY) 16......---- 6/1/2015 5/28/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Locklon Companies NAMEACT 444 W.47th Street,Suite 900 NC,No,E#): (A/C,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURERISI AFFORDING COVERAGE NAIC k INSURER A: Hartford Fire Insurance Company 19682 INSURED HDR ENGINEERING,INC. INSURERB: Travelers PropatyCamaltvCoofAnt-lea 25674 1013472 8404 INDIAN HILLS DRIVE INSURER C: New Hampshire Insurance Company 23841 OMAHA,NE 68114-4049 INSURER D: Lexington Insurance Company 19437 INSURER E: National Union Fire Ins Co Pittsburgh PA 19445 INSURER F: COVERAGES HDRINO1 CERTIFICATE NUMBER: 11366771 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTYPE OF INSURANCE 'NSP twoo POLICY NUMBER ISUBR M i'JPPD/EFF IMM/DDY/YYYYt UMITS A X COMMERCIAL GENERAL LIABILITY y y 37CSEQUO950 6/1/2014 6/1/2015 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE El OCCUR PREMISES(OR ExwNence) s 300.000 X 1'ontracmal I,iah - MED EXP(Any one person) $ 10.000 PERSONAL 8 ADV INJURY $ 1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000,000 POLICYLI JECOT E LOC PRODUCTS-COMP/OP AGG $ 2.000,000 OTHER $ A AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT Y 1' 37CSEQQU0951((AOS) 6/1/2014 6/1/2015 IEa accident) $ 2.000,000 _ A X ANY AUTO 37CSE000952(H[) 6/1/2014 6/1/2015 BODILY INJURY(Per person) $ ) ( ' ' A ALLOWNED SCHEDULED AUTOS 37CSE1160(MA) 6/1/2014 6/1/2015 BODILY INJURY(Per accident $ XXXXXXX X HIRED AUTOS X AUTOSWNED (PerrDAMAGE $ XXXXXX.X $ B X UMBRELLA UAB X OCCUR N N ZUP-10R64084-14-NF 6/1/2014 6/1/2015 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE (EXCLUDES PROF.LIAB) AGGREGATE $ 1.000,000 DED X RETENTION$0 $ XXXXXXX WORKERS COMPENSATION PER OTH- C AND EMPLOYERS'LIABILITY Y. 027527762 AOS) 7/1/2014 7/1/2015 X STATUTE FR C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 027527764 ME 7/1/2014 7/1/2015 EL.EACH ACCIDENT $ 1,000,000 E OFFICER/MEMBER IXCLUDEDT N❑ N/A 027527763 CA) 7/1/2014 7/1/2015 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 II yes,desulce cadet DESCRIPTION OF OPERATIONS bekwe E.L.DISEASE-POLICY LIMIT $ 1,0002000 D ARCHS&ENGS N N 061853691 6/1/2014 6/1/2015 PER CLAIM:$1,000,000. AGO: PROFESSIONAL $1,000,000. LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESJAttach ACORD-10L,.AdditionalRemarks.Schedule;may be attached if more space is required) RE: CLIENT#344356: SPOKANE VALLEY SPRAGUE-APPLEWAY COUPLET EVALUATION; HDR CONTRACT#CON0064901/PROJ#166699. CITY OF SPOKANE VALLEY, ITS OFFICERS O - FFICIALS EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONAL INSURED ON GENERAL AND AUTOMOBILE LIABILITY AS PER WRITTEN CONTRACT, ON A PRIMARY,NON-CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES WHERE APPLICABLE BY LAW. CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11366771 AUTHORIZED REPRESENTATIVE CITY OF SPOKANE VALLEY ATTN:CHRISTINE BAINBRIDGE,CITY CLERK • 11707 E.SPRAGUE AVE.,SUITE 106 SPOKANE VALLEY WA 99206 ACORD 25(2014/01) &I4AC DI ORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD OA I L 1 n el POLICY NUMBER: 37CSEQUO950 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—OWNERS,LESSEES OR CONTRACTORS—SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS PER WRITTEN CONTRACT,ON A PRIMARY,NON-CONTRIBUTORY BASIS (Information required to complete this Schedule, if not shown above,will be shown in the Declarations.) A. Section II-Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule,but only with respect to liability for"bodily injury","property damage"or"personal and advertising injury"caused, in whole or in part,by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. B.With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to "bodily injury"or"property damage"occurring after: 1.All work,including materials,parts or equipment furnished in connection with such work, on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Miscellaneous Attachment:M5509 Certificate ID : 11366771 POLICY NUMBER: 37CSEQU0950 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, THROUGH WRITTEN CONTRACT,AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE FOR COMPLETED OPERATIONS. Location And Description of Completed Operations: ANY LOCATION WHERE YOU HAVE AGREED,THROUGH WRITTEN CONTRACT,AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS,TO PROVIDE ADDITIONAL INSURED COVERAGE FOR COMPLETED OPERATIONS. Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule, but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part, by"your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 Miscellaneous Attachment: M5509 Certificate ID : 11366771 POLICY NO. 37CSE000951 HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS • This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A.Any person or organization whom you are required by contract to name as additional insured is an "insured"for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an Insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition -TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Name of Additional Insured Person(s) of Organization(s): Blanket coverage as required by written contract. Hartford Form ItHA9913 Miscellaneous Attachment :M6986 Certificate ID : 11366771 POLICY DEDUCTIBLES : GENERAL LIABILITY = $100, 000 OCCURRENCE; AUTO LIABILITY $100 , 000; PROFESSIONAL LIABILITY $100, 000 . Miscellaneous Attachment:M86310 Certificate ID: 11366771