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13-163.00 Shaw Environmental: Transfer Station Options ReviewSHAW ENVIRONMENTAL, INC. PROFESSIONAL SERVICES AGREEMENT TIME AND MATERIALS BASIS 1. SERVICES: Shaw Environmental, Inc. ( "SEI ") a Louisiana corporation, agrees to perform for the undersigned CLIENT professional environmental, health and safety, consulting and /or analytical services ( "Services ") described in attached Proposal No. and /or as follows: Proposal letter dated 09/17/13 all in accord with the following terms and conditions. 2. FEES, INVOICES AND PAYMENTS: The Services will be performed on a time and materials basis, with compensation due for all goods and Services provided by SEI, computed in accord with currently -in- effect SEI rates for Time & Material work. SEI's particular applicable T & M Rate Sheet for the Services will be attached hereto. Other compensation provisions are as follows: Invoices will be submitted by SEI no more frequently than every two weeks, with payment due upon CLIENT'S receipt of invoice. Payment shall be in U.S. Dollars. CLIENT shall be responsible for payment (without deduction or offset from the total invoice amount) of any and all sales, use, value added, gross receipts, franchise and like taxes, and tariffs and duties, and all disposal fees and taxes, levied against SEI or its employees by any government or taxing authority. A service charge equal to one and one -half percent (1 % %) per month, or the maximum rate permitted by law, whichever is less, will be added to all accounts which remain unpaid for more than thirty (30) calendar days beyond the date of time invoice. Should there be any dispute as to any portion of an invoice, time undisputed portion shall be promptly paid. 3. CLIENT'S COOPERATION: To assist SEI in performing the Services, CLIENT shall (i) provide SEI with relevant material, data, and information in its possession pertaining to the specific project or activity, (ii) consult with SEI when requested, (iii) permit SEI reasonable access to relevant CLIENT sites, (iv) ensure reasonable cooperation of CLIENT's employees in SEI's activities, and (v) notify and report to all regulatory agencies as required by such agencies. 4. CONFIDENTIALITY: In the course of performing Services, to the extent that CLIENT discloses to SEI, business or technical information that CLIENT clearly marks in writing as confidential or proprietary, SEI will exercise reasonable efforts to avoid the disclosure of such information to others. Nonetheless, CLIENT shall treat as confidential all information and data furnished to it by SEI in connection with this Agreement including, but not limited to, SEI's technology, formulae, procedures, processes, methods, trade secrets, ideas, inventions, and/or computer programs; and CLIENT shall not disclose such information to any third party. Nothing herein is meant to prevent nor shall be interpreted as preventing either party from disclosing and /or using any information or data (i) when time information or data are actually known to the receiving party before being obtained or derived from the transmitting party, (ii) when information or data are generally available to the public without the receiving party's fault at any time before or after it is acquired from the transmitting party; (iii) where the information or data are obtained or acquired in good faith at any time by the receiving party from a third party who has the same in good faith and who is not under any obligation to the transmitting party in respect thereto; (iv) where a written release is obtained by the receiving party from the transmitting party; (v) three (3) years from time date of receipt of such information; or (vi) when required by process of law; provided, however, upon service of such process, the recipient thereof shall use reasonable efforts to notify the other party and afford it an opportunity to resist such process. CLIENT shall obtain SEI's prior consent and cooperation with the formulation and release of any public disclosure in connection with this Agreement or work performed hereunder, before issuing a news release, public announcement, advertisement, or other form of publicity. 5. RIGHT TO USE INFORMATION AND DOCUMENTS: CLIENT may use any final reports of findings, feasibility studies, industrial hygiene and safety, engineering work or other work performed or prepared by SEI under this Agreement for its internal purposes in connection with the project and /or location indicated in the Services for which such work was prepared, but SEI reserves all other rights with respect to such documents and all other documents produced in performing the Services. CLIENT shall obtain prior written consent from SEI for any other use, distribution, or publication of such reports or work results. Unless otherwise expressly agreed to in writing, nothing in this Agreement shall be interpreted to prevent SEI from application and use of any information learned by it from time services (subject to the provisions of Section 4). All reports will be delivered subject to SEI's then current limitations and disclaimers. 6. PATENTS AND CONFIDENTIAL INFORMATION: SEI shall retain all right and title to all patentable and unpatentable inventions including confidential know -how developed by SEI hereunder. However, SEI hereby grants to CLIENT a royalty-free, nonexclusive, nonassignable license as to such inventions and know -how to use the same in any of © 2013 Shaw Environmental, Inc. Page 1 of 4 SEI 4 WA'CLIENT Co( -3 - i(P? CLIENT' facilities. Information submitted to CLIENT by SET hereunder is not intended nor shall such submission constitute inducement and/or contribution to infringe any patent(s) owned by a third party, and SEI specifically disclaims any liability therefor. 7. DELAYS AND CHANGES IN CONDITIONS: If SEI is delayed or otherwise in any way hindered or impacted at any time in performing the Services by (i) an act, failure to act or neglect of CLIENT or CLIENTS employees or any third parties; (ii) changes in the scope of the work; (iii) unforeseen, differing or changed circumstances or conditions including differing site conditions, acts of force majeure (such as fires, floods, riots, and strikes); (iv) changes in government acts or regulations; (v) delay authorized by CLIENT and agreed to by SEI; or (vi) any other cause beyond the reasonable control of SEI, then 1) the time for completion of the Services shall be extended based upon the impact of the delay, and 2) SEI shall receive an equitable compensation adjustment. Any such equitable adjustment shall be based on SEI's then current Time and Material Rates, as may be provided in a Rate sheet attached hereto. 8. INSURANCE: SEI is presently protected by Worker's Compensation Insurance as required by applicable law, General Liability Insurance (in the amount of $1,000,000 per occurrence and $2,000,000 general aggregate), Automobile Liability Insurance (in the amount of $1,000,000 combined single limit) for bodily injury and property damage, and Professional Liability Insurance in the amount of $1,000,000. Insurance certificates will be furnished to Client on request. If the CLIENT requires further insurance coverage, SEI will endeavor to obtain said coverage, and CLIENT shall pay any extra costs therefor. 9. RISK ALLOCATION - CLIENT hereby agrees that: (I) there are risks inherent to the Services, many of which cannot be ascertained or anticipated prior to or during the course of the Services; (2) due to the inherently limited nature and amount of the data resulting from environmental investigation methods, complete analysis of conditions is not always possible, and, therefore, conditions frequently vary from those anticipated earlier; and (3) technology, methods, accepted professional standards as well as law and policy, are undefined and/or constantly changing and evolving. In light of all of the foregoing and considering SEI's lack of responsibility for creating the conditions requiring the Services, as a material inducement to and consideration for SEI's agreement to perform the Services on the terms and at the price herein provided for, CLIENT SPECIFICALLY AGREES THAT SEI'S LIABILITY SHALL BE STRICTLY LIMITED AS PROVIDED IN SECTIONS 10 THROUGH 12 OF THIS AGREEMENT. 10. WARRANTY: SEI is an independent contractor and SEI's Services will be performed, findings obtained, and recommendations prepared in accordance with generally and currently accepted professional practices and standards governing recognized firms in the area engaged in similar work. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED. 11. INDEMNITIES: SEI shall defend, indemnify and hold harmless CLIENT from and against loss, damage, injury or liability, to the extent arising from the negligent acts or omissions or willful misconduct of SEI, its subcontractors, and their respective employees and agents acting in the course and scope of their employment; Provided, however, SEI shall indemnify CLIENT from and against any loss or damage in the handling or management of any hazardous or radioactive material, or any pollution, contamination, or release of hazardous or radioactive materials, only to the extent resulting from SEI's gross negligence or willful misconduct. CLIENT shall defend, indemnify and save harmless SEI (including its parent, subsidiary, and affiliated companies and their officers, directors, employees, and agents) from and against, and any indemnity by SEI shall not apply to, loss, damage, injury or liability arising from the (i) negligent acts, omissions, or willful misconduct of CLIENT, its contractors, and their respective subcontractors, employees and agents; (ii) any allegations that SEI is the owner, operator, manager, or person in charge of all or any portion of a site addressed by the services, or arranged for the treatment, transportation, or disposal of, or owned or possessed, or chose the treatment, transportation or disposal site for, any material with respect to which Services are provided, and (iii) any pollution, contamination or release of hazardous or radioactive materials, including all adverse health effects thereof, except for any portion thereof which results from SEI's gross negligence or willful misconduct. Page 2 of 4 12. LIMITATIONS OF LIABILITY: a. GENERAL LIMITATION - CLIENT'S SOLE AND EXCLUSIVE REMEDY FOR ANY ALLEGED BREACH OF WARRANTY BY SEI SHALL BE TO REQUIRE SEI TO RE- PERFORM ANY DEFECTIVE SERVICES. SETS LIABILITY AND CLIENTS REMEDIES FOR ALL CAUSES OF ACTION ARISING HEREUNDER WHETHER BASED IN CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, OR ANY OTHER CAUSE OF ACTION, SHALL NOT EXCEED IN THE CUMULATIVE AGGREGATE (INCLUDING ANY INSURANCE PROCEEDS) WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHATEVER MINIMUM AMOUNT MAY BE REQUIRED BY LAW OR, IF NONE, THE AMOUNT OF AVAILABLE INSURANCE. (WHICH AMOUNT INCLUDES ANY FEES AND COSTS INCURRED IN RE- PERFORMING SERVICES). THE REMEDIES IN THIS AGREEMENT ARE CLIENT'S SOLE AND EXCLUSIVE REMEDIES. FURTHER, SEI SHALL HAVE NO LIABILITY FOR SEI 'i 'A— CLIENT ANY ACTION INCLUDING DISCLOSURE OF INFORMATION WHERE IT BELIEVES IN GOOD FAITH THAT SUCH ACTION IS REQUIRED BY PROFESSIONAL STANDARDS OF CONDUCT FOR THE PRESERVATION OF PUBLIC HEALTH, SAFETY OR WELFARE, OR BY LAW. b. CONSEQUENTIAL DAMAGES: FURTHER AND REGARDLESS OF ANY OTHER PROVISION HEREIN, SEI SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DECLINE IN PROPERTY VALUE, REGULATORY AGENCY FINES, LOST PRODUCTION OR LOSS OF USE) INCURRED BY CLIENT OR FOR WHICH CLIENT MAY BE LIABLE TO ANY THIRD PARTY OCCASIONED BY THE SERVICES OR BY APPLICATION OR USE OF REPORTS OR OTHER WORK PERFORMED HEREUNDER. 13. GOVERNING LAWS: This Agreement shall be governed and construed in accordance with the laws of the State in which the site to which the Services relate is located. 14. TERMINATION: Either party may terminate this Agreement with or without cause upon twenty (20) days' written notice to the other party. Upon such termination, CLIENT shall pay SEI for all Services performed hereunder up to the date of such termination. In addition, if CLIENT terminates, CLIENT shall pay SEI all reasonable costs and expenses incurred by SEI in effecting the termination, including, but not limited to non - cancelable commitments and demobilization costs. 15. ASSIGNMENT: Neither SEI nor CLIENT shall assign any right or delegate any duty under this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, the Services may be performed by any subsidiary or affiliate of Chicago Bridge & Iron Company N.V., or other person designated by SEI, and, SEI may, upon notice to CLIENT, assign, pledge or otherwise hypothecate the cash proceeds and accounts receivable resulting from the performance of any Services or sale of any goods pursuant to this Agreement. 16. MISCELLANEOUS: a. ENTIRE AGREEMENT, PRECEDENCE, ACCEPTANCE MODIFICATIONS: The terms and conditions set forth herein constitute the entire understanding of the Parties relating to the provisions of the Services by SEI to the CLIENT. All previous proposals, offers, and other communications relative to the provisions of these Services by SEI, oral or written, are hereby superseded, except to the extent that they have been expressly incorporated by reference herein. In the event of conflict, the four pages of this Agreement shall govern. CLIENT may accept these terms and conditions by execution of this Agreement or by authorizing SEI to begin work. Any modifications or revision of any provisions hereof or any additional provisions contained in any purchase order, acknowledgement or other document issued by the CLIENT is hereby expressly objected to by SEI and shall not operate to modify the Agreement. b. DISPUTES, ATTORNEY FEES — Any dispute regarding this Agreement or the Services shall be resolved first by exchange of documents by senior management of the parties, who may be assisted by counsel. Any thereafter unresolved disputes shall be litigated in the state whose law governs under Section 13 hereunder. In any litigation, the Prevailing Party shall be entitled to receive, as part of any award or judgment, eighty percent (80 %) of its reasonable attorneys' fees and costs incurred in handling the dispute. For these purposes, the "Prevailing Party" shall be the party who obtains a litigation result more favorable to it than its last formal written offer (made at least twenty calendar days prior to the formal trial) to settle such litigation. e. WAIVER OF TERMS AND CONDITIONS -The failure of SEI or CLIENT in any one or more instances to enforce one or more of the terms or conditions of this Agreement or to exercise any right or privilege in the Agreement or the waiver by SEI or CLIENT of any breach of the terms or conditions of this Agreement shall not be construed as thereafter waiving any such terns, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no such failure to enforce had occurred. d. NOTICES — Any notices required hereunder may be sent by orally confirmed US Mail, courier service (e.g. FedEx), orally confirmed telecopy (fax) or orally confirmed email (further confirmed by US Mail) to the addresses set forth below. e. SEVERABILITY AND SURVIVAL - Each provision of this Agreement is severable from the others. Should any provision of this Agreement be found invalid or unenforceable, such provision shall be ineffective only to the extent required by law, without invalidating the remainder of such provision or the remainder of this Agreement. Further, to the extent permitted by law, any provision found invalid or unenforceable shall be deemed automatically redrawn to the extent necessary to render it valid and enforceable consistent with the parties' intent. For example, if the gross negligence standard in Section I I is unenforceable under an applicable "anti - indemnity" statute, but a sole negligence standard is enforceable, the sole negligence standard shall be automatically substituted therefor. The terms and conditions set forth herein shall survive the termination of this Agreement. Page 3 of 4 SEI CLIENT CLIENT and SEI agree to the foregoing (INCLUDING THE LIMITATIONS ON LIABILITY IN SECTIONS 9 -12) and have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. Executed on �� 1 F , 20 13 CLIENT Client Name: 0,&I oJC 15D KaN a ✓& f eS/ By (Sign F Print Name: Title: l./ 1 FL �CC[i1Al A Address: I �� 9 J fl G y� Ae Phone: �S /Z Q00 Fax: ©� ��� SHAW ENVIRONMENTAL, INC. By (Sign): Print Name: Phillip P. Kowalski Title: Client Program Manager Address: 1607 E. Main Street, Suite E St. Charles, Illinois 60174 Phone: (630) 762 -1400 Fax: (630) 762 -1402 E -mail: phil.kowalski@cbi.com Page 4 of 4 SEIA VL CLIENT X?� CE, September 13, 2013 Mr. Mike Jackson City Manager City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Subject: Proposal to Review Private Sector Transfer Station Options Dear Mike: CB &I 1607 East Main Street, Suite E St. Charles, Illinois 60174 Tel: +1 630 762 1400 Fax: +1 630 762 1402 www.CBI.com Shaw Environmental, Inc., a CB &I company, is pleased to provide you with this proposal to evaluate private - sector transfer station options for the City of Spokane Valley. Shaw has again teamed with WIH Resource Group, an expert in solid waste logistics, to provide these services. Based on our discussion, it is our understanding that the City desires an evaluation of the feasibility of procuring (such as through an RFP) private- sector transfer and disposal services. This option was not evaluated in the Solid Waste Transfer/Disposal Alternatives Analysis report recently prepared for the City, Spokane County, and the City of Spokane. To complete the requested feasibility evaluation, the project team is proposing the following scope of services: Task One Review the Transfer/Disposal Alternatives Report. The consultant team will perform a detailed review of the Transfer/Disposal Alternatives Report to: - Identify reasonableness of assumptions. - Evaluate sensitivity of cost projections to assumptions made in the report. One such sensitivity is the use of "gate" rates at regional landfills. The report noted that lower rates may be obtained through competitive bidding. We propose to further investigate "contract" rates by researching existing contract costs for transfer, transport and disposal as described further below. - Identify major cost drivers of the tipping fee projections developed in the report and how they would impact potential private- sector transfer stations. - As part of this task, we will also review the construction and operating cost projections for the proposed West Plains Transfer Station and perform a "break -even' analysis using hourly waste collection vehicle costs (from WUTC tariffs or other sources) to compare the costs of the proposed transfer station versus the current practice of hauling to the existing transfer stations and /or WTE facility. Task Two Research Regional Landfill Tipping Fees. The consultant team will research the current prevailing market tipping fees at regional landfills for waste delivered under contract. Typically, contract rates are lower than posted "gate" rates, and we wish to evaluate what potential cost reductions may be available. To complete this task, the team will: - Compile and review long -haul disposal contracts for contract pricing. The team already has access to a number of these contracts, including Snohomish County, City of Seattle, Metro - Portland and Kitsap County. We will also research other contracts in Washington to compile a comprehensive database of contract disposal costs. City of Spokane Valley September 17, 2013 Page 2 of 3 - Review the contracts for key terms (e.g., tonnage) as they may impact a private option in Spokane Valley. - Using our private- sector industry contacts, interview regional landfills to gain further information on potential contract rates, as well as interest in receiving additional tonnage from Spokane Valley. During this process, we can also preliminarily discuss interest and feasibility of the private companies developing a transfer station in the City. Task Three. Research Long -Haul Transportation Costs. The consultant team will research the current prevailing rates for truck and rail haul services. To complete this task, the team will: - Compile and review long -haul transport contracts (or transport and disposal contracts) and identify transport cost element. - Review the contracts for key terms (e.g., distances) as they may impact a private option in Spokane Valley. - Using our private- sector industry contacts, interview transportation providers to gain additional insight into transporting waste via truck or rail from the City. - Based on the collected information, compare existing contract rates for transport services with assumptions used in the Transfer/Disposal Alternatives Report, again with the aim of evaluating whether there are any potential savings. Task Four. Research Private Sector Transfer Station Costs. The consultant team will also research counties that use private sector transfer stations to provide transfer and disposal services. To complete this task, we propose to use county tipping fee information published by Washington Ecology to identify counties that have lower tipping fees than the Spokane System. We will then investigate those counties to identify whether they use transfer stations, whether they are public or private facilities, and what the tipping fees are. Task Five. Economic Evaluation. Based on the research conducted in prior tasks, the consultant team will summarize prevailing contract prices for transfer, long -haul transport and disposal services for comparison with the assumptions in the Transfer/Disposal Alternatives Report and whether there are any potential savings. We will develop a cost model to estimate a range of costs for a private transfer station serving Spokane Valley, using the City's preliminary estimate of 50,000 tons per year of waste. We will also consider the impact of current surcharges embedded in the Spokane System tipping fee (for recycling programs, moderate risk waste programs, etc.) on transfer stations costs. As part of this task, we will also identify and evaluate potential procurement options for the City, and the potential risk factors to the City in leaving the current system and pursuing a private transfer station. Task Six. Meeting. As part of our scope, we propose a kick -off meeting with City staff to further discuss transfer options and obtain information that you previously indicated may be available from the City, including: - Cost evaluations prepared by staff - Expansion plans for Sunshine Disposal transfer station - Information on City's future solid waste collection plans Following the meeting with City staff, we can also conduct a site -visit and meeting with Sunshine Disposal to review their expansion plans. Task Seven. Technical Memorandum. The consultant team will prepare a technical memo to summarize all research and analyses performed. The memo will also compare potential private transfer station costs (this will likely be a range of costs) with system costs presented in the Transfer/Disposal Alternatives Report, and discuss 0 City of Spokane Valley September 17, 2013 Page 3 of 3 procurement options and risk factors for the City. Note that our evaluation of risk factors will primarily focus on economic and market issues and not legal matters as we do not provide legal services. The memo will enable the City to weigh potential cost savings against the risk factors and determine whether to pursue a private transfer alternative or remain in the System. Schedule and Budget. To complete the feasibility evaluation, we are proposing a fee of $40,000 which will include all research and analysis, preparation of the technical memorandum and attendance at one meeting in Spokane Valley. Fees would be billed on a time and materials, not - exceed - basis. Attached is a copy of our standard Professional Services Agreement (PSA) - if the terms and conditions are acceptable, please sign two (2) copies and return to me. We understand the City wishes to have a report by October 9, 2013. The team can meet the schedule, provided we receive authorization to proceed by September 18, which will allow us three weeks to perform the work. We appreciate this opportunity to submit our proposal, and look forward to working with the City on this important project. Please contact me at (630) 762 -3325 if you have any questions. Sincerely, Shaw Environmental, Inc., a CB&I company Phillip P. Kowalski Client Program Manager Attachment: Professional Services Agreement ADDENDUM "A" This Addendum "A" is attached hereto and made a part hereof Shaw Environmental, Inc.'s Professional Service Agreement, Time and Materials Basis, dated September 18, 2013. The City of Spokane Valley and Shaw Environmental Inc. hereby agree to modify the above - referenced Professional Services Agreement as follows. Paragraph 8 is hereby amended to include the following: CLIENT shall be named as an Additional Insured with respect to General Liability and Automobile Liability. All provisions of the Professional Services Agreement not modified by this or previous Amendments remain in effect. The effective date of this Addendum is September 18, 2013. CLIENT: SHAW ENVIRONMENTAL, INC.: By: r'14 ✓ G1< o By: Phillip P. Kowalski Title: (sl.� u►� Title: IF Date: 7/11 l Date: Signed: �igned: Client Program Manager September 19, 2013 t ® A OR" CERTIFICATE OF LIABILITY INSURANCE7/1/2014 DATE (MMIDD/YYYY) 9/20/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES, LLC -1 KANSAS CITY 444 W. 47TH STREET, SUITE 900 KANSAS CITY MO 64112 -1906 (816) 960 -9000 CONT NAMEACT PHONE FAX No AIC No E E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Steadfast Insurance CoMpoy Company 26387 INSURED SHAW ENVIRONMENTAL, INC. 1307216 A SUBSIDIARY OF CHICAGO BRIDGE & IRON COMPANY INSURER B : INSURER C : EACH OCCURRENCE INSURER D: DAMAGE TO RENTED 4171 ESSEN LANE INSURER E: OMMERCIAL GENERAL LIABILITY BATON ROUGE LA 70809 INSURER F: UUV1zKAIlC2) t- niDCVG - -- POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD LIMITS GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE DAMAGE TO RENTED OMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ XXXXXXX MED EXP (Anyone person) $ XXxxxxx CLAIMS -MADE OCCUR PERSONAL 8 ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ Xxxxxxx PRODUCTS - COMP /OP AGG $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: SINGLE LIMT_ POLICY X JECOT LOC AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED (Ea accident) $ XXXXXXX BODILY INJURY (Per person) $ XX)Cy,= ANY AUTO ALL OWNED SCHEDULED BODILY INJURY Per accident XX $ XXXXX PROPERTY DAMAGE IPnr accident) $ � � AUTOS AUTOS NON-OWNED HIRED AUTOS AUTOS $ XXXXXxx UMBRELLA LIAR OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAR HCLAIMS-MADE AGGREGATE $ XXXXXXX $ XXXXXXX DED RETENTION $ WORKERS COMPENSATION NOT APPLICABLE TORY LIMIT ER AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ XXXXXXX ANY PROPRIETOR/PARTNER/EXECUTIVE N / A E.L. DISEASE - EA EMPLOYEE $ XXXXXXX OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $ XXXXXXX If yes, describe under DESCRIPTION OF OPERATIONS below A PROFESSIONAL N N EOC 5965238 -05 4/1/2013 7/1/2014 $1,TI� O00 PER CLAIM $1,000,000 LIABILITY AL DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) PROJECT LOCATION: SPOKANE VALLEY, WA. PROPOSAL TO REVIEW PRIVATE SECTOR TRANSFER STATION OPTIONS. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12568648 AUTHORIZED REPRESENTATIVE CITY OF SPOKANE VALLEY ATTN: MIKE JACKSON 11707 E SPRAGUE AVE. SPOKANE VALLEY WA ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD (91988-2010 CORPORATION. All rights reserved 1 ® AC40RO CERTIFICATE OF LIABILITY INSURANCE 4/1/2014 DATE (MWDD/YYY1� 9/20/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES, LLC -1 KANSAS CITY 444 W. 47TH STREET, SUITE 900 KANSAS CITY MO 64112 -1906 (816) 960 -9000 CONTACT NAME: PHCN o E , FAX No l: E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A:ZUr1Ch AMerlCan Insurance Company 16535 4/1/2013 INSURED SHAW ENVIRONMENTAL, INC. 1315326 A SUBSIDIARY OF CHICAGO BRIDGE & IRON COMPANY INSURER B : INSURER C: $ 1,000,000 INSURER D: $ 25,000 4171 ESSEN LANE INSURER E: BATON ROUGE LA 70809 INSURER F : f\c�TIC1I+ATC KI1 RAOCO• !')' .A tAAS RFUINION NLIMIitK: 1L[111t11111�1 V V Y Lr�/'1V V V \l111L1 \vv THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR INSR WVD WVD POLICY NUMBER MMIDDY EFF MMIDD EXP LIMITS A GENERAL LIABILITY • OMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXIOCCUR Y N GLO 5821847 -00 4/1/2013 7/1/2014 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 2,000,000 • BROAD FORM PD GENERAL AGGREGATE $ 2.000.000 X CONT. LIAB & XCU PRODUCTS - COMP /OPAGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ POLICY X iPRE LOC A AUTOMOBILE LIABILITY Y N BAP 5821846 -00 4/1/2013 7/1/2014 COMBINED SINGLE LIMI 1 (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ XXXXX XX AUTO ALL OWNED SCHEDULED BODILY INJURY Per accident XXX $ XXXX PROPERTY DAMAGE $ XX' �XXX IxANY AUTOS NON -OWNED HIRED AUTOS X AUTOS $ XXXXXXX UMBRELLA LIAB NOT APPLICABLE EACH OCCURRENCE $ XxX xxxx AGGREGATE $ XXXXXXX EXCESS LIAB HOCCUR CLAIMS -MADE DEO I I RETENTION $ $ XXXXXX A WORKERS COMPENSATION Y / N AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUI (Mandatory in NH) N A N SEE ATTACHED 4/1/2013 4/1/2014 X TORY LIMIT ER E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE - EA EMPLOYEE $ 1:000:000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) PROJECT LOCATION: SPOKANE VALLEY, WA. PROPOSAL TO REVIEW PRIVATE SECTOR TRANSFER STATION OPTIONS. CITY OF SPOKANE VALLEY IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY, AUTO LIABILITY AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER GANt,=LLA I IUI'l ocC 1'MW LU11C11L SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12568645 AUTHORIZED REPRESENTATIVE CITY OF SPOKANE VALLEY ATTN: MIKE JACKSON 11707 E SPRAGUE AVE. SPOKANE VALLEY WA ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 91988-2010 ARDFilD CORPORATION. All rights reserved Additional Policies: Refer to the corresponding policy on the ACORD certificate form for policy limits. Insurer Type of Policy Number Policy Policy Letter Insurance / Description Effective Date Ex iration Date A Workers WC 5821848 -00 4/1/13 4/1/14 Compensation (All Other States A Workers WC 5821850 -00 4/1/13 4/1/14 Compensation (AR, HI, NE,MA, and WI A Workers WC 5821849 -00 4/1/13 4/1/14 Compensation (AZ, MN, OH, WA Work Comp Policies Include Stop Gap Miscellaneous Attachment: M464156 Master ID: 1315326, Certificate ID: 12568645