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13-067.00 KPFF Consulting Engineers: Regional Decant Facility Design AGREEMENT FOR PROFESSIONAL SERVICES KPFF Consulting Engineers THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington,hereinafter"City" and KPFF Consulting Engineers,hereinafter"Consultant,"jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1. Work to Be Performed. Consultant 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 Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule and date of completion. The Scope of Services is attached hereto as Exhibit 1. Upon notice from the City Manager or designee, Consultant 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. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant 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. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work within 75 days of execution of this Agreement, unless the time for performance is extended in writing by the Parties. Agreement for Professional Services Page 1 of 6 i�_o ( 7 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. City may, in addition, terminate this Agreement for any reason by ten days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant a maximum of$146,504.54 for documented time and materials as full compensation for everything done under this Agreement. Consultant shall not perform any extra, further or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below stated address. 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. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name: Steve Kingsley,P.E.,Principal KPFF Consulting Engineers Phone: (509)921-1000 Phone: (253)396-0150 Address: 11707 East Sprague Ave, Ste 106 Address: 2407 North 31s` Street, Ste 100 Spokane Valley, WA 99206 Tacoma, WA 98407 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. Consultant warrants that its designs, construction documents, and services shall confirm to all federal, state and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a Agreement for Professional Services Page 2 of 6 governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification; and 4. Have not within a 3-year period preceding this application/proposal had one or more public transactions(federal, state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood, agreed and declared that Consultant shall be an independent contractor, and not the agent or employee of City,that 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 Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of 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 Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. 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. 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 Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. 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 Consultant'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. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 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. City shall be named as an insured under Agreement for Professional Services Page 3 of 6 Consultant's commercial general liability insurance policy with respect to the work performed for the City. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 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, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant 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 City. Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Agreement for Professional Services Page 4 of 6 Consultant's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Consultant's duty to defend, indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Consultant, Consultant's agents, subcontractors, subconsultants and employees. Consultant's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel-related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim-related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13. 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. 14. 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. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time to time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant Agreement for Professional Services Page 5 of 6 further agrees that the Arbitrator(s) decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. 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). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the Parties hereto. 20. Anti-kickback. No officer or employee of 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. 21. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business. 22. 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. 23.Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Services 2. Insurance Certificates The Parties have executed this Agreement this/O day of aia.A-L./, ,20/3 C.TY R F ANE VALLEY C ltant: KPF nsulting Engineers A .r , ....."fAi—;:ar' atr Mike Jackson amity Manager By: Steve Kin 4 ey A Its: Principal AT . APPROVED • : ' I FORM::/ /� �_ .. ..� i� Ca/LA., ? 410 eA,j u11 Christine Bainbrid e �i Clerk Office he Ci e g � h' � City ey Agreement for Professional Services Page 6 of 6 EXHIBIT 1 IMIA, Consulting Engineers March 30, 2013 Mr.Art Jenkins City of Spokane Valley 11707 East Sprague Avenue, Suite 304 Spokane Valley, WA 99206 Subject: Spokane Valley Regional Decant Facility Scope and Fee Proposal— Design Phase Dear Mr. Jenkins: KPFF Consulting Engineers is pleased to submit this Scope and Fee proposal to provide engineering services for design of a eductor decant facility at the Washington Department of Transportation (WSDOT) Pines Road Maintenance Yard (Yard) on E. Montgomery Avenue in Spokane Valley, Washington. PROJECT UNDERSTANDING It is our understanding that the City of Spokane Valley (City) intends to construct a' decant facility for eductor trucks and street sweepers on the east side of the existing Yard. The vactor decant facility will be used by the City and WSDOT to cost effectively manage, process, and dispose liquids, sediments and other wastes generated from storm drainage cleaning activities. The design of the decant facility will be generally based on the Preferred Concept Plan developed during the recent Type, Size, and Location Study completed by KPFF in collaboration with the City and WSDOT staff and personnel, however several elements of the preferred concept will be eliminated from the design or revised to conform to budget constraints: • The enclosed winter decant feature will be eliminated. • The facility will be reduced from 10 bays to 8 bays. • The limits of pavement will be expanded to include all areas where eductor trucks will circulate. • The block wall surrounding the bioretention area will be eliminated, additional grading surrounding the bioretention area will be included. Based on the information gathered to date, we propose the following Scope of Work for engineering services. SCOPE OF WORK KPFF will work with you to accomplish these specific tasks: 2407 North 31st Street, Suite 100, Tacoma, WA 98407 (253) 396-0150 Fax (253) 396-0162 Seattle Tacoma Portland Eugene San Francisco Sacramento Los Angeles Irvine San Diego Phoenix St.Louis New York EXHIBIT 1 Mr.Art Jenkins March 30, 2013 Page 2 1. Coordination and Consultation: We will provide coordination, documentation and correspondence with the City's staff to support project progress and communications, including: 1.1. Bi-weekly project coordination conference calls, to be held approximately every other week during the anticipated 2 month design duration. 1.2. Design review meeting at 50% level of completion, to be held at the City of Spokane Valley offices. 1.3. Participate in permit pre-application meetings with the City of Spokane Valley. 1.4. Regular telephone and email correspondence. 1.5. Tracking and review of action items, status updates, due dates. 1.6. General project guidance and facilitation of decision making. 1.7. General design coordination among members of the design team. 1.8. Attendance at pre-application meeting with City of Spokane Valley Planning Division. 2. Information Collection and Field Work: We will collect available information related to the project site and perform field work necessary to support the design, including: 2.1. Coordinate and facilitate a design kick-off meetings and site visit with design team, City staff and WSDOT staff. 2.2. Complete topographic survey update of the site (described in detail in the attached scope and fee proposal by Taylor Engineers, dated January 8, 2013) 2.3. Complete geotechnical investigations (described in detail in the attached scope and fee proposal by GeoEngineers dated January 10, 2013) 3. Design of the Vactor Decant Facility: During the design phase, the design team will prepare design documents for the facility. In addition to KPFF, the design team will include AEI who will be responsible for design of electrical systems, and TCF Architecture who will be responsible for the design of the canopy and winter decant facility. Detailed scope and fee proposals from AEI and X are attached. Documents will be developed to a level of detail to adequately describe the work and guide completion of the construction. Documents will be submitted for review and comment by City staff at the 50%, 80% and 100% level of design completion. Design documents are expected to include: 3.1. Plans showing the layout, type, size and location of the proposed improvements; enlarged plans, sections and details as appropriate to depict EXHIBIT 1 Mr.Art Jenkins January 22, 2013 Page 3 the configuration, materials and features of the proposed improvements. Plans are anticipated to include: a. Cover sheet, general notes and abbreviations b. Site Plan c. Demolition and erosion control plan and details d. Site grading plan. e. Discharge pad and settling pool grading plan. f. Drainage plan, profiles and details. g. Plan, sections and details for stormwater quality and flow control features. h. Utility plan, profiles and details. i. Paving plan and details. j. Striping and signage plan and details. k. Details for truck fill area, fencing and other miscellaneous site features. I. Building floor plans, roof plan, cross sections and elevations suitable to convey design intent for final design and fabrication to be completed by pre- engineered building manufacturer. m. Foundation plan and details. n. Typical structural sections. o. Electrical site plan. p. Plans, sections and details for gate access control/card readers, heat trace, heated concrete discharge pad, and under-canopy lighting. 3.2. Technical specifications for the proposed improvements. 3.3. Order of magnitude estimate of probable construction cost for the proposed improvements prepared at each milestone design stage (50%, 80%, 100%). 3.4. Drainage Submittal according to requirements of the Spokane Regional Stormwater Manual. 4. Preparation of Advance Bid Packages: KPFF will prepare and packages plans and specifications for two bid packages that will be bid in advance of the main construction contract: Swale and Utility Contract: Plans and specifications for for installation of storm and decanted water lines across E. Montgomery Dr, install manholes, drywells, a pre-treatment structure, applicable connecting piping, and stub-out for future connection to the Existing Sanitary Sewer; and excavation, final grading, landscaping and construction of the bio-infiltration treatment system. EXHIBIT 1 Mr.Art Jenkins March 30, 2013 Page 4 Pre-Engineered Steel Building Contract: Plans and specifications for fabrication and delivery of the Canopy Structure to the WSDOT site. Contract will include liquidated damages to the fabricator if delivery is not met by a date specified and required to allow the main construction contract to proceed. 5. Permitting Assistance: KPFF will assist in project permitting by revising design documents if required in response to permit review comments. A total of 40 hours has been included in the budget for this task. It is our understanding that preparation of permit applications, coordinating permit submittal and responding to questions and comments from permit review agencies will be completed by the City. 6. Bidding Support: During project bidding, the design team will respond to questions from interested contractors, prepare any necessary addenda to the bid documents to address issues that arise during the bid process; and assist the City in evaluation of bid's received. ASSUMPTIONS We have made the following assumptions in writing this proposal: 1. Design documents will be provided for review by City staff at the 50%, 80% and 100% levels of design completion. 2. Design documents at the initial 50% level of design completion will be based on the Concept Design developed as a result of the TS&L study completed by KPFF, except as indicated in the Project Understanding explanation above. An analysis of facility type, size, and location alternatives will not be included in design. 3. Value engineering or development or evaluation of design alternatives for the purposes of reducing construction cost will not be required. 4. Improvement of adjacent public streets will not be required as a part of the project, modifications within the public streets will be limited to restoration of areas disturbed by utility and storm drain crossings. 5. Preparation of bid documents including bid forms, general conditions, special conditions, instruction to bidders and invitation to bid will be prepared by the City of Spokane Valley. 6. Advertisement of bids and distribution of bid packages will be performed by the City of Spokane Valley. 7. Construction support and construction management is not included in this proposal, however construction support services to be provided by KPFF will be negotiated in the future when the scope of construction and necessary support services has been better defined. EXHIBIT 1 Mr.Art Jenkins January 22, 2013 Page 5 8. All available record drawings for the Yard have been provided to KPFF by WSDOT as a part of the original TS&L Study. No further investigation is required for design. 9. Wetland delineation, mapping and consultation will not be required. 10. LEED documentation will not be completed. 11. Hazardous materials investigation or mitigation will not be required. 12. Permit or agency review fees will be paid by the City of Spokane Valley. ADDITIONAL SERVICES Additional services include all services that are not part of the Scope of Work as described above. This includes those services that arise as a result of unforeseen circumstances during the design or construction of the project and will require additional fee or adjustment to the schedule. Prior to the commencement of additional services, KPFF will consult with City staff to agree upon the scope and associated fees for additional services. Typical items considered Additional Services include, but are not limited to, the following: 1. Services resulting from changes in scope or magnitude of the project as described above. 2. Redesign to reduce construction cost where the reason for the excessive cost is outside the control of KPFF, or the potential cost savings associated with the design change is less than 5% of the estimated cost of construction (exclusive of contingency, taxes, design and administration) 3. Redesign requested to accommodate particular construction materials, methods, or sequences as alternatives to those indicated on the Contract Documents. 4. Services resulting from corrections or revisions required because of deviations from the Contract Documents during construction. 5. Services required to accommodate site conditions discovered during demolition, excavation, or foundation construction that could not have been reasonably anticipated to occur at the time this letter was written. FEES We propose to perform the above Scope of Work described in this proposal on a time and materials basis not to exceed the fees noted below, at the hourly rates shown on the attached schedule of hourly rates. A breakdown of anticipated tasks and fees is attached. EXHIBIT 1 Mr.Art Jenkins March 30, 2013 Page 6 Description Eat Coordination and Consultation $13,119.88 Information Gathering and Field Work $13,802.92 Design $87,578.97 Preparation of Advance Bid Packages $11,306.61 Permitting Assistance $7,762.65 Bidding Support $7,273.69 Subtotal Services $140,844.72 Markup on Subconsultant Services (8%) $1,530.99 Reimburseable Expenses $4,128.83 Total $146,504.54 Reimbursable expenses for items such as plans reproduction, mileage, and delivery services are separate from our fees and will be billed at cost, without mark-up. All KPFF work will be subject to a mutually agreeable contract between KPFF and Spokane Valley. Art, we look forward to continuing our work with you on this project. Thank you, and please contact me at 253.396.0150 if you have any questions or need additional information. Sincerely, Steve Kingsley, P.E. Principal/Project Manager SWK:swk Enclosures 112264.10 � 262597 © DATE(MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE 4/12/2013 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 CONTACT NAME: Commercial Lines-(206)892-9200 PHONE FAX (A/C.No.Ext): (A/C,No): Wells Fargo Insurance Services USA, Inc.-CA Lic#:OD08408 EDDRIESS: 601 Union Street,Suite 1300 INSURER(S)AFFORDING COVERAGE NAIC# Seattle,WA 98101-1371 INSURER A: Travelers Indemnity Company 25658 INSURED INSURER B: Charter Oak Fire Insurance Co. 25615 KPFF, Inc. INSURER C: Travelers Property Casualty Co of America 25674 1601 5th Avenue,Suite 1600 INSURER D: Lloyd's of London INSURER E: Seattle,WA 98101 INSURER F: COVERAGES CERTIFICATE NUMBER: 5914567 REVISION NUMBER: See below 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 TYPE OF INSURANCE INSR SUER POLICY NUMBER (MM/DDY/YYYV) (MM/DD//YYYY) LIMITS LTR INSR WVD A GENERAL LIABILITY 680-1263L238-IND-12 10/10/12 10/10/13 EACH OCCURRENCE $ 1,000,000 DAMAGE TO X PREMISES Ea occurrence) $ 1,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS-MADE X OCCUR MED EXP(Any one person) _$ 10,000 X WA Stop Gap 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 —1 POLICY X 'Spa LOC $ B AUTOMOBILE LIABILITY BA-1283L587-12-GRP 10/10/12 10/10/13 (Ea COMBaccideINED nt)SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ - ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS — NO OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS.COMPENSATION X WC STATU- OTH- C AND EMPLOYERS'LIABILITY XJUB-5836Y216-12 10/10/12 10/10/13 TORY LIMITS ER Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Professional Liability/Pollution Liability LDUSA1204384 10/10/12 10/10/13 $5,000,000 Per Claim/$5,000,000 Agg. $250,000 SIR DESCRIPTION OF OPERATIONS/LOCATIONS/.VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Re:Project Name-Professional Services KPFF Job No. 112264 The City of Spokane Valley is Additional Insured under General Liability when required by written contract regarding their interest in the operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Christine Bainbridge,City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 11707 East Sprague Ave,Suite 106 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE 9i. ow.— I The ACORD name and logo are registered marks of ACORD ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) COMMERCIAL GENERAL LIABiLITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. —T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights,duties, and what is and is not covered. A. Broadened Named Insured N. Additional Insured — Architect, Engineer Or B. Incidental Medical Malpractice Surveyor C. Reasonable Force — Bodily injury Or Property 0. Who Is An Insured—Newly Acquired Or Formed Damage Organizations D. Non-Owned Watercraft— Increased To Up To 75 P. Who Is An Insured — Unnamed Partnership Or feet Joint Venture—Excess E. Aircraft Chartered With Crew Q. Per Project General Aggregate Limit F. Extension Of Coverage — Damage To Premises R. Knowledge And Notice Of Occurrence Or Rented To You Offense G. Malicious Prosecution — Exception To Knowing S. Unin#entfonal Omission Violation Of Rights Of Another Exclusion T. Waiver Of Transfer Of Rights Of Recovery H. Medical Payments Limit Against Others To Us When Required By Con- tract Or Agreement I. increased Supplementary Payments U. Amended Bodily Injury Definition J. Additional Insured — Owner, Manager Or Lessor V. Amended Insured Contract Definition — Railroad Of Premises Easement K. Additional Insured—Lessor Of Leased Equipment W. Amended Property Damage Definition—Tangible L. Additional Insured — State Or Political Subdivi- Property sions—Permits Relating To Premises X. Additional Definition — Contract or Agreement M. Additional insured - State Or'Political Subdivi- Requiring insurance sions—Permits Relating To Operations PROVISIONS coverage for any such additional organization A. BROADENED NAMED INSURED will cease as of the date, if any, during the policy period, that you no longer are the sole 1. The Named Insured in Item 1. of the Corn- owner of, or maintain the majority ownership mon Policy Declarations is amended as fol- interest in,such organization. lows: 2. This Provision A. does not apply to any per- The person or organization named in Item 1. son or organization for which coverage is ex- of the Common Policy Declarations and any cluded by another endorsement to this Cov- organization, other than a partnership, joint erage Part. venture, limited liability company or trust, of B. INCIDENTAL MEDICAL MALPRACTICE which you are the sole owner or in which you maintain the majority ownership interest on 1. The following is added to Paragraph 1.Insur- the effective date of the policy. However, ing Agreement of COVERAGE A BODILY t CG D3 79 09 07 1 2007 The Travelers Companies,Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILI fY . INJURY AND PROPERTY DAMAGE LI- C. REASONABLE FORCE – BODILY INJURY OR ABILITY in COVERAGES(Section I): PROPERTY DAMAGE "Bodily injury arising out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render, "first aid" or "Good Sa- Paragraph 2. Exclusions of COVERAGE A maritan services" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE co-"employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section I) is de- deemed to be caused by an "occurrence". leted and replaced by the following: For the purposes of determining the applica- Expected Or Intended Injury Or Damage . ble limits of insurance, any act or omission together with all related acts or omissions in "Bodily injury" or"property damage" expected or the furnishing of the services to any one per- intended from the standpoint of the insured.This son will be deemed one"occurrence". exclusion does not apply to "bodily injury" or 2: As used in this Provision B.: "property damage" resulting from the use of rea- sonable force to protect any person or property. a.. "First aid" means medical or nursing ser- D. NON-OWNED WATERCRAFT – INCREASED vice,treatment, advice or instruction;the TO UP TO 75 FEET related frimishing of food or beverages; 1, The exception contained in Subparagraph (2) the furnishing or dispensing of drugs or of the Aircraft, Auto Or Watercraft Exclu- medical supplies or appliances; sion in 2. Exclusions of COVERAGE A b. "Good Samaritan services" means those BODILY INJURY AND PROPERTY DAM- medical services rendered or provided in AGE LIABILITY In COVERAGES (Section 1) an emergency and for which no remu- is deleted and replaced by the following: neratioa is demanded or received. (2) A watercraft you do not own that is: 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- (a) Less than 75 feet long;and SURED (Section II)does not apply to any of your "employees", who are not employed as (b) Not being used to carry persons or a doctor or nurse by you, but only while per- property for a charge; forming the services described in Paragraph 2. Only as respects the insurance provided by .=- 1.above and while acting within the scope of this Provision D., WHO IS AN INSURED — their employment by you. Any such "employ- (Section 11) is amended to include as an in- ees" rendering "Good Samaritan services" sured any person who, with your expressed MINNIMINI will be deemed to be acting within the scope or implied consent, either uses or is respon- of of their employment by you, sible for the use of the watercraft. n� 4. The following exclusion is added to Para- 3. The insurance provided by this Provision D. graph 2. Exclusions of COVERAGE A BOD- shall be excess over any valid and collectible o ILY INJURY AND PROPERTY DAMAGE other insurance available to the insured, LIABILITY in COVERAGES (Section I): . whether primary, excess, contingent or on -MM- Sale of Pharmaceuticals any other basis, except for insurance pur- -= "Bodily injury" or"property damage" ads- chased specifically by you to apply in excess ing out of the willful violation of a penal of the Limits of Insurance shown in the Decla- statute or ordinance relating to the sale of rations for this Coverage Part. pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED WITH CREW knowledge or consent of the insured. 1. The following is added to the exceptions con- ,... 5. The insurance provided by this Provision B. tained in the Aircraft, Auto Or Watercraft o.=: shall be excess over any valid and collectible Exclusion in Paragraph 2. Exclusions of other insurance available to the insured, COVERAGE A BODILY INJURY AND whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY in COV- any other basis, except for insurance pun ERAGES(Section I): "= chased specifically by you to apply in excess Aircraft chartered with crew, including a pilot, of the Limits of Insurance shown in the Decla- to any insured. rations for this Coverage Part. Page 2 of.8 ©2007 The Travers Companies,Inc. CG D3 79 09 07 004923' :5. COMMERCIAL GENERAL LIABILITY 2. This Provision E. does not apply if the char- any one premises while rented to you, or tered aircraft is owned by any insured. temporarily occupied by you with permission 3. The insurance provided by this Provision E. of the owner,caused by:fire;explosion;light- shall be excess over any valid and collectible ning; smoke resulting from such fire, explo- other insurance available to the insured, sion, or lightning; or water. The Damage To whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other basis, except for insurance pur- all "property damage" proximately caused by chased specifically by you to apply in excess the same "occurrence", whether such dam- of the Limits of Insurance shown in the Decla- age results from: fire; explosion; lightning; rations for this Coverage Part smoke resulting from such fare, explosion, or lightning; or water; or any combination of any F. EXTENSION OF COVERAGE — DAMAGE TO of these causes. PREMISES RENTED TO YOU The Damage To Premises Rented To You 1. 'The last paragraph of COVERAGE A BOO- Limit will be the higher of: ILY INJURY AND PROPERTY DAMAGE a. $1,000,000;or LIABILITY in COVERAGES (Section I) is deleted and replaced by the following: b. The amount shown for the Damage To Exclusions c.through n.do not apply to dam- Premises Rented To You Limit in the age to premises while rented to you, or tern- Declarations for this Coverage Part. porarily occupied by you with permission of 4. Paragraph a.of the definition of"Insured con- the owner,caused by: tract"in DEFINITIONS (Section V)is deleted a. Fire; and replaced by the following: b. Explosion; a. A contract for a lease of premises. How- ever, that portion of the contract for a c. Lightning; lease of premises that indemnifies any d. Smoke resulting from such fire, explo- person or organization for damage to sion,or lightning;or premises while rented to you, or tempo- (. e. Water. racily occupied by you.with permission of the owner, caused by; fire; explosion; A separate limit of insurance applies to this lightning; smoke resulting from such fire, coverage as described in LIMITS OF IN- explosion, or lightning; or water is not an SURANCE(Section III). "insured contract"; 2. The insurance under this Provision F. does 5. This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you with COVERAGE A BODILY INJURY AND permission of the owner,caused by: PROPERTY DAMAGE LIABILITY in COV- a. Rupture, bursting, or operation of pres- ERAGES (Section I) is excluded by another sure relief devices; endorsement to this Coverage Part. b. Rupture or bursting due to expansion or G. MALICIOUS PROSECUTION—EXCEPTION TO swelling of the contents of any building or KNOWING VIOLATION OF RIGHTS OF AN- structure,caused by or resulting from we- OTHER EXCLUSION ter;or The following is added to the Knowing Violation c. Explosion of steam boilers, steam pipes, Of Rights Of Another Exclusion in 2. Exclu- steam engines, or steam turbines. sion of COVERAGE B PERSONAL INJURY, 3. Paragraph 6. of LIMITS OF INSURANCE ADVERTISING INJURY AND WEB SITE IN- (Section lil) is deleted and replaced by the JURY LIABILITY of the WEB XTEND LIABILITY following: Endorsement: Subject to 5. above, the Damage To Pram- This exclusion does not apply to"personal injury" ises Rented To You Limit is the most we will caused by malicious prosecution. pay under Coverage A for the sum of all i damages because of "property damage" to CG D3 79 09 07 0 2007 The Travelers Compantes,Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LIMIT (2) Any structural alterations, new con- The Medical Expense Limit shown in the Declare- struction or demolition operations tions for this Coverage Part is increased to performed by or on behalf of such $10,000. additional insured;or I. INCREASED SUPPLEMENTARY PAYMENTS (3) Any premises for which coverage is excluded by another endorsement to Paragraphs 1.b. and 1.d. of SUPPLEMENTARY this Coverage Part. PAYMENTS —COVERAGES A AND B in COV- ERAGES(Section I)are amended as follows: 3. This Provision J. does not apply on any basis to any person or organization for 1. In Paragraph 1.b., the amount we will pay for which coverage as an additional insured the cost of bail bonds Is increased to$2500. specifically is added by another en- 2. In Paragraph 1.d., the amount we will pay for dorsement to this Coverage Part. loss of earnings is increased to$500 a day. K. ADDITIONAL INSURED – LESSOR OF J. ADDITIONAL INSURED – OWNER, MANAGER LEASED EQUIPMENT OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section II) is 1. WHO IS AN INSURED (Section II) is amended to include as an insured: amended to include as an insured: Any person or organization that you have Any person or organization that you have agreed in a contract or agreement to include agreed In a contract or agreement to include as an additional insured on this Coverage as an additional insured on this Coverage Part,but: Part, but: a. Only with respect to liability for"bodily in- a. Only with respect to liability for"bodily in- jury"or"property damage"that occurs, or jury" or"property damage"that occurs, or "personal injury" caused by an offense "personal injury" caused by an offense committed, after you have entered into committed, after you have entered into that contract or agreement; and that contract or agreement;and b. Only if the "bodily injury", "property dam- b. Only if the"bodily injury", "property dam- age" or "personal injury" is caused, in it 0011011.101 age" or "personal injury" is caused, in whole or in part, by acts or omissions of — whole or in part, by acts or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, in the forming operations on your behalf, and maintenance, operation or use of equip- °= arises out of the ownership, maintenance ment leased to you by such additional in- o— or use of that part of any premises leased cured. to you under that contract or agreement. 2. The insurance provided to such additional Orworr 2. The insurance provided to such additional insured under this Provision K. is subject to insured under this Provision J. is subject to the following provisions: the following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide In the con- m-- which you agreed to provide in the con- tract or agreement, or the limits shown in . tract or agreement, or the limits shown in the Declarations for this Coverage Part, ,„ the Declarations for this Coverage Part, whichever are less;and whichever.are less;and b. The insurance afforded to such additional b. The insurance afforded to such additional insured does not apply: insured does not apply to: (1) To any "bodily injury" or "property °° (1): Any "bodily injury" or "property dam- damage"that occurs, or"personal in- ."M age" that occurs, or "personal injury" jury" caused by an offense commit- caused by,an offense committed, af- ted, after the equipment lease ex- ter you cease to be a tenant in that pires;or premises; Page d of 8" 4 2007 The Travelers Companies.Inc. CG D3 79 09 07 004924 t J COMMERCIAL GENERAL LIABILITY (2) If the equipment is leased with an N. NEER ADDITIONAL SURVEYOR INSURED R — ARCHITECT, ENGI- operator. 3. This Provision K.does not apply on any basis 1. The following is added to Paragraph 2. of to any person or organization for which cov- WHO IS AN INSURED(Section 9)to include erage as an additional insured specifically is as an insured: added by another endorsement to this Cow Any architect, engineer or surveyor engaged erage Part. by or for you that you agree in a "contract or L. ADDITIONAL INSURED — STATE OR POLITI- agreement requiring insurance" to include as CAL SUBDIVISIONS — PERMITS RELATING an additional insured on this Coverage Part, TO PREMISES but only with respect to liability for"bodily in- The following is added to Paragraph 2. of WHO jury", "property damage" or "personal injury" IS AN INSURED (Section II) to include as an that is caused, in whole or in part, by acts or insured: omissions of you or any person or organiza- tion acting on your behalf in connection with Any state or political subdivision that has issued a your premises or"your work". permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only to any person Cr organization for which cov- erage respect to"bodily injury","property damage", erage as an additional insured specifically is "personal injury" or"advertising injury"arising out added by another endorsement to this Cov- of the existence, ownership, use, maintenance, erage Part. repair,construction,erection or removal of adver- tising signs, awnings, canopies, cellar entrances, O. WHO IS AN INSURED—NEWLY ACQUIRED coal holes,driveways, manholes,marquees,hoist OR FORMED ORGANIZATIONS away openings, sidewalk vaults, elevators, street 1. Paragraph 4.a. of WHO IS AN INSURED banners or decorations for which that state or (Section II) is deleted and replaced by the political subdivision has issued such permit. following: M. ADDITIONAL INSURED — STATE OR POLITI- a. Coverage under this provision Is afforded i• CAL SUBDIVISIONS — PERMITS RELATING only until the 180th day after you acquire TO OPERATIONS or form the organization or the end of the The following is added to Paragraph 2. of WHO policy period, whichever is earlier. Any IS AN INSURED (Section 11) to include as an such newly acquired or formed organize- insured: tion that you report in writing to us within Any state or political subdivision that has issued a 180 days after you acquire or form the permit, but only with respect to "bodily injury", organization will be covered under this "property damage", "personal injury" or"advertis- provision until the end of the policy pe- riod, even if there are more than 180 ing injury" arising,out of operations performed by days remaining until the end of the policy you or on your behalf d alf for which that state or po- period; Mica! subdivision has issued such permit. How- ever, no such state or political subdivision is an 2. This Provision O. does not apply to any or- insured for ganization for which coverage is excluded by 1. "Bodily injury", "property damage", "personal another endorsement to this Coverage Part. injury" or "advertising injury" arising out of P. WHO IS AN INSURED—UNNAMED PART- operations performed for that state or political NERSHIP OR JOINT VENTURE—EXCESS subdivision; or 1. The last paragraph of WHO IS AN INSURED 2. "Bodily injury" or"property damage" included (Section II) Is deleted and replaced by the within the "products — completed operations following: hazard". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- l . sured in the Common Policy Declarations. t. CG D3 79 09 07 ©2007 The Travelers Companies,Inc. Page 5 of 8 • i COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to Any payments made under Coverage A for your liability with respect to your conduct of damages and under Coverage C for medical the business of any current or past partner- expenses shall reduce the Per Project Gen- ship or joint venture: eral Aggregate Limit for that "project", but a. That is not shown as a Named Insured in shall not reduce: the Common Policy Declarations,and a. Any other Per Project General Aggregate b. in which you are a member or partner Limit for any other"project"; where each and every one of your co- b. The General Aggregate Limit;or ventures in that joint venture is an archi- c. The Products-Completed Operations Ag- tectural, engineering,or surveying firm. gregate Limit. 2. This Provision P. does not apply to any per- The limits shown in the Declarations for this son or organization for which coverage is ex- Coverage Part for Each Occurrence, Dam- ' eluded by another endorsement to this Coy- age To Premises Rented To You and Medical erage Part. Expense are also subject to the Per Project 3. The insurance provided by this Provision P. General Aggregate Limit when the Per Pro- shall be excess over any valid and collectible ject General Aggregate Limit applies. other insurance, whether primary, excess, 3. As used in the Provision Q.: contingent or on any other basis, which is "Project" means an area away from premises available: covering your liability with respect owned by or rented to you at which you are to your conduct of the business of any current performing operations pursuant to a contract or past partnership or joint venture that is not or agreement. For the purposes of determin- shown as a Named Insured in the Common Policy Declarations and which is issued to ing the applicable aggregate limit of insur- ance, each "project" that includes premises involving the same or connecting lots, or Q. PER PROJECT GENERAL AGGREGATE LIMIT premises whose connection is interrupted 1. Paragraph 2. of LIMITS OF INSURANCE only by a street, roadway, waterway or right- (Section III) is deleted and replaced by the of-way of a railroad shall be considered a sin- '= following: gle"project". The General Aggregate Limit is the most we R. KNOWLEDGE AND NOTICE OF OCCUR- mega will pay for the sum of:_ RENCE OR OFFENSE oa. Damages under Coverage B;and The following is added to Paragraph 2. Duties In e b. Damages from "occurrences" under Cov- The Event of Occurrence, Offense, Claim Or erage A and for all medical expenses Suit of COMMERCIAL GENERAL LIABILITY p. CONDITIONS(Section IV): em caused by accidents under Coverage C which cannot be attributed only to opera- Notice of an "occurrence" or of an offense which re- tions at a single"project". may result in a claim must be given as soon as ^� 2. The following is added to LIMITS OF IN- practicable after knowledge of the "occurrence" SURANCE(Section III): or offense has been reported to you, one of your "executive officers" (if you are a corporation), one A separate Per Project General Aggregate of your partners who is an individual (if you are a _ Limit applies to each "project" for all sums partnership), one of your managers (if you are a which the insured becomes legally obligated limited liability company), one of your trustees ato.pay as damages caused by "occurrences" who is an individual (if you are a trust), or an under Coverage A and for all medical ex- "employee" (such as an insurance, loss control or penses caused by accidents under Coverage risk manager or administrator)designated by you C which can be attributed only to operations to give such notice. m at a single "project", and that limit is equal to Knowledge by any other"employee"of an"occur- •--- the amount of the General Aggregate Limi# lance" or offense does not imply that you also shown in the Declarations for this Coverage have such knowledge. Part. Page 8.of 8 ©2007 The Travelers Companies,Inc. CG D3 79 09 07 004e2s COMMERCIAL GENERAL LIABILITY Notice of an "occurrence" or of an offense which 4. "Your products". r may result in a claim will be deemed to be given We waive these rights only where you have as soon as practicable to us if it is given in good agreed to do so as part of a contract or agree- faith as soon as practicable to your workers'corn- ment entered into by you before, and in effect pensation, accident, or health insurer. This ap- when, the "bodily injury" or "property damage" plies only if you subsequently give notice of the occurs, or the "personal injury"offense or"adver- "occurrence" or offense to us as soon as practi- tising injury"offense is committed. cable after you, one of your "executive officers" U. AMENDED BODILY INJURY DEFINITION (if you are a corporation), one of your partners who is an individual (if you are a partnership), The definition of "bodily Injury" in DEFINITIONS one of your managers(if you are a limited liability (Section V)is deleted and replaced by the follow- . company), one of your trustees who is an individ- ing: ual (if you are a trust), or an"employee"(such as "Bodily injury"means: an insurance, loss control or risk manager or ad- a. Physical harm, including sickness or disease, ministrator)designated by you to give such notice sustained by a person; discovers that the "occurrence" or offense may involve this policy. b. Mental anguish, injtiry'or illness, or emotional S. UNINTENTIONAL OMISSION distress, resulting at any time from such physical harm,sickness or disease;or 1. The following is added to Paragraph 6. Rep- c. Care, loss of services or death resulting at Rep- resentations of COMMERCIAL GENERAL any time from such physical harm, sickness UABILITY CONDITIONS(Section IV): or disease. The unintentional omission of, or uninten- tional error in, any information provided by _RAILROAD EASEMENT you which we relied upon in issuing this pol- icy shall not prejudice your rights under this 1. Subparagraph c. of the definition of insured insurance. contract"in DEFINITIONS (Section V)is de- 2. This Provision S. does not affect our right to leted and replaced by the following: collect additional premium or to exercise our c. Any easement or license agreement; right of cancellation or nonrenewal in actor- 2. Subparagraph f.(1) of the definition of "in- dance with applicable insurance laws or regu- sured contract"in DEFINITIONS (Section V) lotions. is deleted. T. WAIVER OF TRANSFER OF RIGHTS OF W. AMENDED PROPERTY DAMAGE DEFINITION RECOVERY AGAINST OTHERS TO US WHEN .-TANGIBLE PROPERTY REQUIRED BY CONTRACT OR AGREEMENT The definition of "property damage" in DEFINI- The following is added to Paragraph 8. Transfer • -IONS (Section V) is deleted and replaced by of Rights of Recovery Against Others to Us of the following: COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): "Property damage"means: We waive any rights of recovery we may have a. Physical injury to tangible property, including against any person or organization because of all resulting loss of use of that property. All payments we make for "bodily injury", "property such loss of use shall be deemed to occur at damage", "personal injury" or"advertising injury" the time of the physical injury that caused it; arising out of: or . 1. Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not pied by you with permission of the owner, or physically injured. All such loss of use shall leased or rented to you; be deemed to occur at the time of the"occur- rence"that caused it. 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement For the purposes of this insurance,tangible prop- with that person or organization; erty does not include data. 3. "Your work";or » CO D3 79 09 07 ©2007 The Travelers Companies,Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY X. The following definition is added to SECTION V— and "property damage" occurs, and the"personal DEFINITIONS: injury"is caused by an offense committed: "Contract or agreement requiring insurance" a. After you have entered into that contract or means that part of any contract or agreement agreement; under which you are required to include a person b. While that part of the contract or agreement or organization as an additional insured on this is in effect; and Coverage Part, provided that the "bodily injury" c. Before the end of the policy period. =i.=, VOINMMI ate. mamma Osrponwe 0= rte= welo = twoorm wrimme �� 0■ = r=: Page 8 of 8 ®2007 The Travelers companies,Inc. CG D3 79 09 07 004028 680-1263L238-IND-12 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 LIABIUTY 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 orris- 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 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 UMITS 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. 005759 • COMMERICAL GENERAL LIABIUTY 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 Cov- c. Before the end of the policy period. Page 2 oft ®2007 The Travelers Companies,Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission. illsi W CERTIFICATE OF LIABILITY INSURANCE 10/9/2013 Rn® D/YYYY) �cci 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: Melanie Kelly Servco Pacific Insurance (PHONE.Ext):206-216-4138 FAX /CC. (A/C,No):206-260-2903 1100 2 Dexter Ave. N. E-MAIL ESS:MelanieK servco acific.com Ste 220 @ p Seattle WA 98109 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company of Amer 25666 INSURED 646 INSURER B:Travelers Indemnity Company KPFF, Inc. INSURER C:The Phoenix Insurance Company 25623 1601 5th Ave INSURER D:Lloyds of London Suite 1600 Seattle WA 98101 INSURER E: , INSURER F: t COVERAGES CERTIFICATE NUMBER:1614981631 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY 6801263L238 10/10/2013 10/10/2014 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X WA Stop Gap PERSONAL&ADV INJURY $1,000,000 X Contractual Liab GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 RO- POLICY X JECT LOC $ A AUTOMOBILE LIABILITY BA1283L587 10/10/2013 10/10/2014 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) $ B X UMBRELLA LIAB X OCCUR CUPO06D958438 10/10/2013 10/10/2014 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$10,000 $ c WORKERS COMPENSATION UB5836Y216 10/10/2013 10/10/2014 X WC STATU- TORY EMPLOYERS'LIABILITY TORY LIMITS ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liability) B0146LDUSA1304384 10/10/2013 10/10/2014 $5,000,000 Per Claim Pollution Liability $5,000,000 Aggregate $250,000 SIR DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: Project Name-Professional Services KPFF Job No. 112264 The City of Spokane Valley is Additional Insured under General Liability when required by written contract regarding their interest in the operations of the Named Insured. 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. Attn: Christine Bainbridge, City Clerk 11707 East Sprague Ave, Suite 106, AUTHORIZED REPRESENTATIVE Spokane Valley WA 99206 I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Li 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 lions; 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 lions 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. 005758 L., 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- s. 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 Cov- c. Before the end of the policy period. Page 2 of 2 ©2007 The Travelers Companies,Inc. CG 03 81 09 07 Includes the copyrighted material of Insurance Services Office,Inc.,with Its permission. SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: REQUEST FOR QUALIFICATIONS No. (RFQ) #12 -030 Engineering Services for the Spokane Valley Regional Decant Facility AFFIDAVIT OF PUBLISHING City of Spokane Valley / Public Works NOTICE STATE OF WASHINGTON ) )SS. County of Spokane ) MICHAEL HUFFMAN , being first duly sworn on oath deposes and says that he is the ED QR , of The Spokane Valley News Herald, a weekly newspaper. Thatsaidnewspaperis a legalnewspaper anditis now and hasbeen for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a weekly newspaper in Spokane County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper, which said newspaper had been approved as a legal newspaper by order of the Superior Court of the State of Washington in and for Spokane County. That the following is a true copy of a li ti as it w s ublished in regular issues commencing on the 24th day of August. 2012 and ending the 31st day of 1 alll 1 sive, and that such newspaper was regularly distributed to its subscribers during all of said pexio CITY OF SPOKANE VALLEY Public Works Department S SCRIBED an ORN to before me REQUEST FOR 012.030 ery ATIONS (RFD) #12.030 this 31st day of A gust. 2012. Engineering Sices far the Spokane valley Regional Decant Facility The City of Spokane valley seeks a qualified ��� State of Washington consultant team to provide engineering services ,� /// forthe Spokane Valley Regional Decant Facility. 16% RAE /w. /�/ County of Spokane Theproject will develop options;pnwidedesigns, 4 plans, specifications, and estimates for construct- •'••'•• C �j inga Stormwater Decant Facility within the City I gStON E,rp� i� I certify that I know or have satisfactory evidence that of Spokane Valley. it 9 Michael Huffman is the erson who eared before The project will construct a faculty that: 1) . � p P minimizes travel time, 2) quickly unloads Zme, and said person acknowledged that he signed eductor trucks full with debris collected from ° NOTARY =his instrument and acknowledged it to be his free cleaning stormwater structures, 3) effectively an d eficiently spates re liquids and solids, 4) et IIILIC ? Z �d voluntary act for the uses and purposes men- treats and discharges - liquids properly, 5) transfer rIJ I� O �joned m the instrument. oral stockpiles solids for periodic transfer � ease, and 6) is cost effective to operate and • •� `� easy to maintain. The City would like design options completed ....... 6•�; av \\ by December 2012, with preliminary design by ` \\ Febraary2013,Lwd final biddacumentsprepared f `, by Apri12013. // Oir WN ``\ Jolenre NtZ Interested qualified firms should submit an origi- / % <<Title: ary Pu�ahc nal plus five (5) duplicate copies of qualifications by 10:00 AM (local time), Monday, September My a intment expires: 5 -16-15 10,2012. Statements of Qualifications should be n delivered to C,ty of Spokane Valley Public Works Department, 11707 E. Sprague Avenue, Suite 106, Spokane Valley, Washington 99206 -5444. For more information, please visit.wwwspokan- evalleyorg and click on the "Public Notices Bids I RFPS / RFQS" tab in the right column or call An Jenkins, P.E. at (509) 720 -5018. Christine Bainbridge, MMC Spokane Valley City Clerk B124, 8131 CITY OF SPOKANE VALLEY Public Works Department REQUEST FOR QUALIFICATIONS (RFQ) #12 -030 Engineering Services for the Spokane Valley Regional Decant Facility The City of Spokane Valley seeks a qualified consultant team to provide engineering services for the Spokane Valley Regional Decant Facility. The project will develop options; provide designs, plans, specifications, and estimates for constructing a Stormwater Decant Facility within the City of Spokane Valley. The project will construct a facility that: 1) minimizes travel time, 2) quickly unloads eductor trucks full with debris collected from cleaning stormwater structures, 3) effectively and efficiently separates liquids and solids, 4) treats and discharges liquids properly, 5) temporarily stockpiles solids for periodic transfer ease, and 6) is cost effective to operate and easyto maintain. The City would like design options completed by December 2012, with preliminary design by February 2013, and final bid documents prepared by April 2013. Interested qualified firms should submit an original plus five (5) duplicate copies of qualifications by 10:00 AM (local time), Monday, September 10, 2012. Statements of Qualifications should be delivered to City of Spokane Valley Public Works Department, 11707 E. Sprague Avenue, Suite 106, Spokane Valley, Washington 99206 -5444. For more information, please visit www.spokanevalley.org and click on the "Public Notices Bids / RFPs / RFQs" tab in the right column or call Art Jenkins, P.E. at (509) 720 -5018. Christine Bainbridge, MMC Spokane Valley City Clerk SR24955 *Federal Tax ID No. 68- 0617327 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON County of Spokane) ss Name: City of Spokane Valley Client ID: PO No. SR24955 No. Lines Total Cost: $154.18 Order No. 42365 61 97742 I, E. Jean Robinson do solemnly swear that I am the Principal Clerk of The Spokesman- Review, a newspaper established and regularly published, once each day in the English language, in and of general circulation in the City of Spokane County, Washington; and in the City of Coeur d'Alene, Kootenai County, Idaho; that said newspaper has been so established and regularly published and has had said general circulation continuously for more than six (6) months prior to the 23rd day of July, 1941; that said newspaper is printed in an office maintained at its place of publication in the City of Spokane, Washington; that said newspaper was approved and designated as a legal newspaper by order of the Superior Court of the State of Washington for Spokane County on the 23rd day of July, 1941, and that said order has not been revoked and is in full force and effect; that the notice attached hereto and which is a part of the proof of publication, was published in said newspaper two time(s), the publication having been made once each time on the following dates: 23 & 30, 2012 That said notice was published in the regular and entire issue of every number of the paper during the period of time of publication, and that the notice was published in the newspaper proper and not in a supplement. Subscribed and sworn to before me at the City of Spokane, this \ 31st day of August , 2012. �O SiON�Ccc2 U VOTAj y 9 0 B L I C �a 2 ���eER otary Public in and for the State of Washington, FtNASN�N residing at Spokane County, Washington Notary Stamp Paper Affidavits