Loading...
12-009.00 David Evans & Assoc: Traffic Control Studies AGREEMENT FOR PROFESSIONAL SERVICES David Evans and Associates,Inc. Contract No. SVPW#12-005 THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter"City"and David Evans and Associates, 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. Agreement for Professional Services 12- Page 1 of 6 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 2 years of execution of this Agreement, 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. All work will be charged on a time and materials basis per Exhibits A and B(fee schedule). The City agrees to pay the Contracting Entity up to$60,000 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 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: Jerremy Clark Phone Number: (509)921-1000 Phone Number: (208)762-2200 Address: 11707 East Sprague Ave, Suite 106 Address: David Evans and Associates Spokane Valley,WA 99206 663 W. Canfield Ave.,Coeur d'Alene, ID 83815 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 Agreement for Professional Services 12- Page 2 of 6 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 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,employees or subcontractors. 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 Agreement for Professional Services 12- Page 3 of 6 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:VB. 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 fmancially 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,to the extent arising out of or in connection with its intentional and negligent acts or omissions in 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 to the extent caused by or resulting from the 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. Agreement for Professional Services 12- 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. In addition,Contracting Entity has the absolute right to fully comply with any subpoena,statute or rule. 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 fmal 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 Agreement for Professional Services 12- Page 5 of 6 7h The parties have executed this Agreement this thisX day of ,2012. CITY OF SPOKANE VALLEY Contracting Entity: Mike Jackson, Manager By: sspuq,k Its: Authorized Representative ATTES ' APPROVED AS TO FORM: l • b_ hristine Bainbridge,City Clerk J Office •of the arty Attorney Agreement for Professional Services 12- Page 6 of 6 • Exhibit A— Scope of Services Consultant staff will be provided to the City for performing the following duties: ❑ Building Synchro files and running analyses ❑ Operational analysis for requested changes to unsignalized intersection control ❑ Analysis of signal mastarm loading ❑ Coordination and collection of intersection traffic counts (counted by DEA staff or through a subcontractor) ❑ Organizing citizen requests, data entry and initial determination of follow-up requirements/needs ❑ VISSIM micro-simulation development ❑ Drafting of signing/striping plans, signal plans, and traffic control plans in AutoCAD ❑ Additional drafting as needed ❑ Preparing final reports on flashing school beacon effectiveness for grant purposes ❑ Land surveying services ❑ Other services as needed and directed by the City Using the charge rates shown in Exhibit B,DEA will charge the City on a time and materials basis up to a not-to-exceed amount of$60,000. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Standard Fee Schedule" 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. • • ACD �/ DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5,,,20,2 11/2/2011 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 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 Lockton Companies,LLC-1 Kansas City PHONE 444 W.47th Street,Suite 900 (A/C,No,Ext): I FAX (A/C,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Zurich American Insurance Company 16535 INSURED DAVID EVANS AND ASSOCIATES,INC. INSURER B: St.Paul Fire and Marine Insurance Company 24767 1334610 2100 SW RIVER PARKWAY INSURER C: Lexington Insurance Company 19437 PORTLAND OR 97201 INSURER D: INSURER E: INSURER F: COVERAGES DEAIN01 P5 CERTIFICATE NUMBER: 11061994 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MWDD/YYYY)IMMIDD/YYYY) LIMITS A GENERAL LABILITY Y N GLO 9830389 12/1/2011 12/1/2012 EACH OCCURRENCE $ $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ $300,000 CLAIMS-MADE I X I OCCUR MED EXP(Any one person) $ $10,000 PERSONAL&ADVINJURY $ $1,000,000 GENERAL AGGREGATE $ $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ $2,000,000 —1 POLICY n -- P1 LOC $ A AUTOMOBILE LIABILITY N N BAP 9830390 12/1/2011 12/1/2012 COMBINED SINGLE LIMIT (Eaaccident) $ $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX XX AUT OWNED SCHEDULED BODILY INJURY(Per accidents$ XXXXXXX AUT NON OOS WNED PROPERTY DAMAGE $ XXXXXXX X HIRED AUTOS X (Per accident) _ $ XXXXXXX B X UMBRELLALAB X OCCUR N N QK08001403 12/1/2011 12/1/2012 EACH OCCURRENCE $ $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ $1,000,000 DED I RETENTION$ $ XXXXXXX WORKERS COMPENSATION WC STATU- OTH- A AND EMPLOYERS'LIABILITY Y/N N WC 933662600(AOS) 5/1/2011 5/1/2012 (TORY LIMITS( FR Q� ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $ $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ $500,000 If y describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $500,000 C PROFESSIONAL N N 013001600 12/1/2011 12/1/2012 PER CLAIM$1,000,000 LIABILITY ANNUAL AGGREGATE$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: SPOKANE VALLEY TRAFFIC SERVICES. CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY&NON-CONTRIBUTORY WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11061994 AUTHORIZED REPRESENTATIVE CITY OF SPOKANE VALLEY ATTN:INGA NOTE PE 11707 EAST SPRAGUE AVENUE#106 SPOKANE VALLEY,WA 99206 I ACORD 25(2010/05) © 988-2010 AC D ORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 POLICY NO.GLO 9830389 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily inury", "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. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 2. Exclusions This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. "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 Miscellaneous Attachment:M460068 Certificate ID : 11061994 Includes copyrighted material of Insurance Services Office, Inc ❑ with its permission (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. POLICY NUMBER: GLO 9830389 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 Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization to whom or which you are Any location where you have agreed, through written required to provide additional insured status in a written contract, agreement or permit,to provide additional agreement to provide additional insured coverage insured coverage for completed operations, except where such contract or agreement is prohibited by laws. 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 in- clude as an additional insured the person(s) or or- ganization(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". Miscellaneous Attachment:M460068 Certificate ID : 11061994 Includes copyrighted material of Insurance Services Office, Inc ❑ with its permission Policy Number: GLO 9830389 Policy Term: 12/01/2011 -12/01/2012 Other Insurance Amendment - Primary and Non Contributory THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Clause 4. Other Insurance of Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is changed as follows: 1. The following is added to a. Primary Insurance: a. This insurance is primary as respects to an additional insured, where a written contract requires that it be: (1) primary; and (2) non-contributory. b. If a. applies we will not seek contribution from other insurance on which the additional insured is a Named Insured. 2. The following is added to clause b.(1)(a): That is available to an additional insured that provides coverage for the same: a. 'occurrence"; b. claim; or c. "suit". This clause does not apply: (1) To any policy in which the additional insured is a Named Insured; and (2) Where our policy is required by written contract to provide coverage to the additional insured on a: (a) primary; and (b) non-contributory basis. All other terms and conditions of this policy remain unchanged. U-GL-1327-A FL(04/09) Page 1 of 1 Miscellaneous Attachment:M460068 Certificate ID : 11061994 Includes copyrighted material of Insurance Services Office, Inc ❑ with its permission A� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/1/2012 4/24/2012 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 Lockton Companies,LLC-1 Kansas City CONTACT 444 W.47th Street,Suite 900 PHONE FAX (A/C,No,Ext): (( NC,No): Kansas City 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Zurich American Insurance Company 16535 INSURED DAVID EVANS AND ASSOCIATES,INC. INSURER B: Lexineton Insurance Company 19437 1332581 2100 SW RIVER PARKWAY INSURER C: PORTLAND OR 97201 INSURER D: INSURER E: INSURER F: COVERAGES DEAIN01 P5 CERTIFICATE NUMBER: 11570455 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 DD AL SUBR POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY)(MM/DD/YYYY) 4 A GENERAL LIABILITY y N GLO 9830389 12/1/2011 12/1/2012 EACH OCCURRENCE $ $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE RENTED $ $300,000 ICLAIMS-MADE X OCCUR MED EXP(Any one person) $ $10,000 PERSONAL&ADV INJURY $ $1,000,000 GENERAL AGGREGATE $ $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ $2,000,000 (�PRO- $ POLICYI I JECT LOC A AUTOMOBILE LIABILITY Y N BAP 9830390-01. 12/1/2011 12/1/2012 (Ea accidentSINGLE LIMIT $ $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX _ AUT OWNED _SCHEDULED BODILY INJURY(Per accident $ XXXX)OQX X HIRED AUTOS X NO-OWNED PROPERTY DAMAGE XXX� �X (Per accident) $ $ XXXXXXX UMBRELLA LIAB OCCUR EACH OCCURRENCE $ — XX'XXXXX EXCESS LIAB CLAIMS-MADE NOT APPLICABLE AGGREGATE $ XXXXXXX DED RETENTION$ $ A WORKERS COMPENSATION Y/N N WC 933662602(AOS) 5/1/2012 12/1/2012 TORY LIMITSI OFR AND EMPLOYERS'LIABILITY c ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $ $500,000 OFFICER/MEMBER EXCLUDED? n n (Mandatory in NH) - E.L.DISEASE-EA EMPLOYEE $ .,500,000 Dyes,aesafbe untler E.L.DISEASE-POLICY LIMIT ,S", $500,000 DESCRIPTION OF OPERATIONS below B PROFESSIONAL N N 013001600 12/1/2011 12/1/2012 PER CLAIM$1,000,000 LIABILITY ANNUAL AGGREGATE$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: SPKV00000011;CITY OF SPOKANE VALLEY IS ADDITIONAL INSURED AS RESPECTS TO GENERAL AND AUTO LIABILITY,THESE COVERAGES ARE PRIMARY AS REQUIRED BY WRITTEN CONTRACT.ADDITIONAL INSURED'S COVERAGE IS EXCESS AND NON-CONTRIBUTORY ON THE GENERAL LIABILITY,AND ON THE AUTO LIABILITY AS RESPECTS USE OF VEHICLES OWNED BY DAVID EVANS AND ASSOCIATES,INC. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11570455 AUTHORIZED REPRESENTATIVE CITY OF SPOKANE VALLEY ATTN:GLORIA MANTZ 11707 E.SPRAGUE,SUITE 106 SPOKANE VALLEY WA 99206 Ari,4410 ACORD 25(2010/05) © 9 8-2010 AC fORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD C,o I 2,-0041