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12-005.00 Century West: Transportation Planning Svcs AGREEMENT FOR PROFESSIONAL SERVICES _ Contract#12-001 Century West Engineering Corporation Transportation Planning Services THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Century West Engineering Corporation, 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 December 31,2012. Contract#12-001—Transportation Planning Services—Century West Engineering Corporation 2012 Page 1 of 6 jo1Z- ooG 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 $80,000 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, 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: Dennis D. Fuller,P.E. Phone Number: (509)921-1000 Phone Number: (509) 838-3810 Address: 11707 East Sprague Ave, Suite 106 Address: 1825 N.Hutchinson Rd.,2nd floor Spokane Valley,WA 99206 Spokane Valley, 99212 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, distribute and otherwise use, in whole or in part, any reports, data, drawings, images or other material prepared under this Agreement, provided that Contract#12-001—Transportation Planning Services—Century West Engineering Corporation 2012 Page 2 of 6 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: Contract#12-001—Transportation Planning Services—Century West Engineering Corporation 2012 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. Contract#12-001—Transportation Planning Services—Century West Engineering Corporation 2012 Page 4 of 6 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, 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 Contract#12-001—Transportation Planning Services—Century West Engineering Corporation 2012 Page 5 of 6 //JJ The parties have executed this Agreement thi/ day of /i�� ,201%2.: C ° S/• VALLEY Contracting Entity: Mike Jackson,v: Manager By: MP-tr MOILLord- Its: Authorized Renresentative Tax ID No. REDACTED ATTEST: APPROVED AS TO FORM: -i•stine Bainbridge, ity Clerk Office of 10 City Attorn 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. Contract#12-001—Transportation Planning Services—Century West Engineering Corporation 2012 Page 6 of 6 Exhibit 1 Scope of Work Transportation Planning Services Background and Purpose The City desires to contract with a qualified consultant to provide transportation planning support services. Transportation Planning Services Consultant support services entail the designation of an engineer with transportation planning experience to work with city staff and provide day-to-day support in the development of the city's TIP and street project grant applications. The type of support services includes,but is not limited to,the following: Six-Year TIP Development of the Amended TIP and the Six Year TIP including review of the Project List: following: • volume/capacity ratios based on Spokane regional traffic models • number, location,and type of collisions/injuries/fatalities • existing and forecast intersection levels of service • existing pavement conditions • increased areas of development and re-development within the city and in areas adjacent to the city • adjacent jurisdiction street projects that cross city boundaries • proposed street maintenance activities Six Year TIP Develop planning-level cost estimates including: Cost Estimates: • description of proposed improvements • number of proposed lanes • proposed intersection improvements • pedestrian/bicycle improvements • ADA requirements • drainage facilities • project limits maps • project estimate • right-of-way acquisition costs • other appropriate items Six Year TIP Review project selection criteria of local, state, and federal grant programs; Funding identify grant funding programs)for each project. Grant programs shall include, Proposals: but not be limited to,the following: • WA State Transportation Improvement Board(TIB) Corridor Completion Initiative(CCI) Urban Arterial Program(UAP,previously AP?) Urban Corridor Program(UCP,previously TPP) Sidewalk Program(SP,previously PSMP) • Freight Mobility/Strategic Investment Board(FMSIB) • Federal Aid Program Bridge(BR) Surface Transportation Program(STP) Congestion Management/Air Quality Funds(CMAQ) Transportation Enhancement Program Emergency Relief Intersection and Corridor Safety • WSDOT Safe Routes to School Program Pedestrian and Bicycle Safety Program Regional Mobility Grant Program • Spokane Transit Authority(STA) Bus related street improvements • Community Development Block Grants(CDBG) Low-Moderate Income area improvements • Washington Utilities and Transportation Commission(WUTC) Grade Crossing Protective Fund Also help identify potential funding partners such as adjacent jurisdictions and/or private developers. Six Year TIP Develop the Six Year TIP Report consisting of: Report • project phases(PE,RW,and CN) • sorted by year • identifying major funding source(s) • include necessary information for STIP software. Grant Assist in the preparation of state and federal grant applications including Applications: information such as: • existing structural pavement condition • existing and proposed levels of service(LOS) • existing and proposed traffic volumes • system continuity • project funding • alternative mode accessibility • transportation concurrency • economic growth and development • urban accident analysis/annual benefit • public support/participation • environmental enhancements/historical preservation • freight mobility • GMA information/support A°® CERTIFICATE OF LIABILITY INSURANCE J 10/3/2011" " 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 POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(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 CONTACT Melissa VanEvery Willis of Oregon, Inc. PAH,C.N . xt•503-2 4-4155 ((NC.No):503-274-2155 CALK#0464609 (503) 224-4155 EE-MAIL ADDREss:melissa.vanevery@willis.com 222 SW Columbia Suite - 600 Y Portland OR 97201 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Travelers Indemnity Company of Amer 25666 INSURED 4CENTWES INSURER Travelers Indemnity Company 25658 Century West Engineering Corporation INSURER C:SAIF Corporation 36196 5531 SW Macadam, Suite 207 INSURERD:Travelers Casualty Suxety Co of Arne 31194 Portland OR 97239 INSURERE:The Phoenix Insurance Company 25623 ,INSURER F: COVERAGES CERTIFICATE NUMBER:783567232 REVISION NUMBER: 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 ADDL SUER POLICY EFF POUCY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DOIVYYY) LIMITS A GENERAL UABILITY Y 6800279T799TIA11 10/1/2011 10/1/2012 EACH OCCURRENCE $1,000,000 AMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREM PREMISES(Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Arty one person) $10,000 X WA Stop Gap PERSONAL&ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMP/OP AGO $2,000,000 J POLICY I° I JE C LOC $ E AUTOMOBILE LIABILITY BA0283T611 10/1/2011 10/1/2012 (Ea accident)INGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS _ AUTOS (Per accident). B X UMBRELLAUAB OCCUR CUP35B3T674 10/1/2011 10/1/2012 EACH OCCURRENCE $5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTIONS 10,000 c WORKERS COMPENSATION 754555 10/1/2011 10/1/2012 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORYIIMITS I ER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N/A E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 D Professional Liability 105430323 4/15/2011 4/15/2012 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) RE: Contract #11-001 - Transportation Planning Services The City of Spokane Valley, it's officers, employees and agents are named additional insured with respects to general liability where required by written contract and subject to policy terms conditions and exclusions. his policy shall be primary and non contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POUCY PROVISIONS. 11707 East Sprague Ave Suite 106 AUTHORIZED REPRESENTATIVE Spokane WA 99206-0000 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following Is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL dude as an additional insured on this Coverage LIABILITY CONDITIONS(Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a"contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or In part, by your acts or omis- provided to an additional Insured under this Coy- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis,this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional Insured which covers such addi- b. In connection with premises owned by or tional insured as a named Insured,and we will not rented to you;or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs;and hazard". (2) The "personal Injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis,that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of"your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that"contract or agreement requir- a"contract or agreement requiring insurance"with Ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declare- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less.This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF Into by you before, and In effect when, the"bodily CG 03 81 09 07 ©2007 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily Injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition Is added to DEFINITIONS jury"is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to Include a person or In effect; and organization as an additional Insured on this Coy- c. Before the end of the policy period. Page 2 of 2 ©2007 The Travelers Companies,Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Consultant Fee Determination Summary Sheet" 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. DATE(MM/DD/YYYY) A ° CERTIFICATE OF LIABILITY INSURANCE 10/1/2012 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 CONTACT NAME: Melissa VanEvery Willis of Oregon, Inc. to//c°.NNo,Extr503-224-4155 (A/C,No):503-274-2155 CALK#0464609(503)224-4155 E-MAIL 222 SW Columbia Suite-600 ADDRESS:melissa.vanever willis.com Portland OR 97201 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company of Amer 25666 INSURED 4CENTWES INSURER B:Travelers Indemnity Company 25658 Century West Engineering Corporation INSURER C:SAIF Corporation 36196 5531 SW Macadam, Suite 207 INSURER D Travelers Casualty Surety Co of Ame 31194 Portland OR 97239 ' INSURER E:The Phoenix Insurance Company 25623 ' INSURER F: COVERAGES CERTIFICATE NUMBER:1048383360 REVISION NUMBER: 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. IITR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY Y 6800279 T 799TIA12 10/1/2012 10/1/2013 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X WA Stop Gap PERSONAL&ADV INJURY $1,000,000 ! GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY ^ 1 PEA LOC $ E AUTOMOBILE LIABILITY BA0283T611 10/1/2012 10/1/2013 COMB NED SINGLE LIMIT (Ea accident) $11 000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED I SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ B X UMBRELLA LIAB OCCUR CUP3583T674 10/1/2012 10/1/2013 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X I RETENTION$10,000 $ C WORKERS COMPENSATION 754555 10/1/2012 10/1/2013 X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E L DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 D Professional Liability 105430323 4/15/2012 4/15/2013 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:Contract#12-001 -Transportation Planning Services The City of Spokane Valley, it's officers,employees and agents are named additional insured with respects to general liability where required by written contract and subject to policy terms conditions and exclusions. his policy shall be primary and non contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 East Sprague Ave Suite 106 AUTHORIZED REPRESENTATIVE Spokane WA 99206-0000 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD e,o 12,--0° COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL dude as an additional insured on this Coverage LIABILITY CONDITIONS(Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a "contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you;or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 ©2007 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Coy- c. Before the end of the policy period. Page 2 of 2 ©2007 The Travelers Companies,Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission.