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14-061.00 Epic Land Solutions: Pines/Grace ROW Services
Local Agency Consultant/Address/Telephone Epic Land Solutions,Inc Standard Consultant 2601 Airport Dr. Suite 115 Agreement Torrance,CA 90505 El Architectural/Engineering Agreement ® Personal Services Agreement Agreement Number 14-025 Project Title And Work Description Federal Aid Number Pines Rd(SR27)and Grace Avenue Intersection HSIP-0027(013) Safety Project Agreement Type(Choose one) Provide Appraisal and ROW services per the ❑ Lump Sum attached 4-1-14 Epic Land Solutions Proposal. Lump Sum Amount $ ❑ Cost Plus Fixed Fee This document contains confidential tax information and DBE Participation has been redacted pursuant to RCW 82.32.330. ❑ Yes ® No You may petition for a review of our findings pertaining to any Federal ID Number or Social Security Number redacted or withheld documents pursuant to Spokane Valley REDACTED Municipal Code (SVMC) 2.75.080; and obtain judicial review ! Do you require a 1099 for IRS? Completion Date pursuant to RCW 42.56.550. ❑Yes ® No December 31, 2015 ® Specific Rates Of Pay Total Amount Authorized $ 26,150.00 ® Negotiated Hourly Rate Management Reserve Fund $ 2,615.00 ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable$ 28,765.00 Index of Exhibits (Check all that apply): ®Exhibit A-1 Scope of Work ❑Exhibit G-2 Fee-Sub Specific Rates ❑Exhibit A-2 Task Order Agreement ❑Exhibit G-3 Sub Overhead Cost ❑Exhibit B-1 DBE Utilization Certification ®Exhibit H Title VI Assurances ® Exhibit C Electronic Exchange of Data ®Exhibit I Payment Upon Termination of Agreement ❑ Exhibit D-1 Payment-Lump Sum ®Exhibit J Alleged Consultant Design Error Procedures 0 Exhibit D-2 Payment-Cost Plus 0 Exhibit K Consultant Claim Procedures 0 Exhibit D-3 Payment-Hourly Rate 0 Exhibit L Liability Insurance Increase ❑Exhibit D-4 Payment-Provisional ®Exhibit M-la Consultant Certification ❑Exhibit E-1 Fee-Lump/Fixed/Unit ®Exhibit M-lb Agency Official Certification ®Exhibit E-2 Fee-Specific Rates 0 Exhibit M-2 Certification-Primary 0 Exhibit F Overhead Cost 0 Exhibit M-3 Lobbying Certification ❑Exhibit G Subcontracted Work ❑Exhibit M-4 Pricing Data Certification ❑Exhibit G-1 Subconsultant Fee �y 0 App.31.910 Supplemental Signature Page THIS AGREEMENT,made and entered into this � ( day of tel' , at 0/Lie , between the Local Agency of City of Spokane Valley ,Was ' on,hereinafter called the"AGENCY", •and.the above organization hereinafter called the"CONSULTANT". DOT Form 140-089 EF Page 1 of 8 Revised 3/2008 COIN—o(.0 WITNESSETH THAT: WHEREAS,the AGENCY desires to accomplish the above referenced projec;and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration,if applicable,and has signified a willingness to famish Consulting services to the AGENCY, NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof,the parties hereto agree as follows: 1 General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT.The CONSULTANT shall furnish all services,labor,and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. Il Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. HI General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings with the AGENCY and/or such Federal,State,Community,City or County officials,groups or individuals as may be requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in E debit"A" The CONSULTANT shall prepare a monthly progress report,in a farm approved by the AGENCY,whichwill outline in written and graphical form the various phases and the order ofperfomrance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT,and each SUB CONSULTANT,shall not discriminate on the basis ofrace,color,national origin,or sex in the performance of this contract The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable requirements of49 CER.Part 26 in the award and administration ofUSDOT•assisted contracts.Failure byte CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the tennination of this AGREEMENT. Participation for Disadvantaged Business Enterprises(DBE),if required,per 49 CFR Part 26,orparticipation of Minority Business Enterprises(MBE),and Women Business Enterprises(WEE),shalt be shown on the heading of this AGREEMENT.IfD/M/WEE firms are utilized,the amounts authorized to each firm and their certification number will be shown on Exhibit"E"attached hereto and by this reference made a part of this AGREEMENT.If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUE)regulation outlined in the AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Prog,a,as Project Development Engineer in consultation with the AGENCY. All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall beretu ned.All electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C." All designs,drawings,specifications,documents,and other work products,including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY of any such instruments of service,not occurring as apart of this PROJECT,shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT.A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT.Such payment shall be fiat compensation for work performed or services rendered and for all labor,materials,supplies, equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable portions of48 CFRPart 31. A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State Auditor,WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consulltantwork shall be based on the cost factors shown on Exhibit"G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs far the sub-consultant shall be substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of'any work under this AGREEMENT without prior written permission of the AGENCY.No pemrission for sub-contracting shall create,between the AGENCY and sub- contractor,any contract or any other relationship.A DBE certified sub-consultant is required toperfonn a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide employee working solely Eur the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to pay any company or person,other then a bona fide employee working solely for the CONSULTANT,any fee, commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or making of this contract For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or,in its discretion,to deduct from the AGREEMENT price or consideration or otherwise recover the fall amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or otherpersons while so engaged,and any and all claims made by a Page 3 of 8 thirdparty as a consequence of any act or omission on the part of the CONSULTANTS employees or other persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any professional or technical personnel who are,or have been,at any time during the period ofthe contract,in the employ of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired employees,without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contact,the CONSULTANT,for itself,its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Sedan 6101 et seq.) CivilRights Restoration Act of 1987 (Public Law 100.259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et.seq.) 49 UFR Part 2I 23 CFRpart200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit'IT' attached hereto and by Ibis reference made part of this AGREEMENT,and shall include the attached Exhibit II"in every sub-contact,including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days writtennotice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT,a final payment shall be made to the CONSULTANT as shown inEabibit'T'for the type of AGREEMENT used. No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the Notice to Terminate.If the accumulated paymentmade to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above,then no fmal payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of fhe CONSULTANT, the above formula for payment shall not apply. Page of 8 In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT inperforming the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of temnination,whether that work is in a form or a type which is usable to the AGENCY at the time of termination,the cost to tire AGENCY of employing another firm to complete the work required and the time which may be required to do so,and other factors which affect the valve to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the workunder the terms of this AGREEMENT,if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMNT between the surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT,with the AGENCY'S concurrence,desire to terminate this AGREEMENT,payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the -AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or, omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall be considered as Extra Work end will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer,whose decision in the matter shell be final and binding on the parties of this AGREEMENT;provided, however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to de novo judicial review.If the parties to this AGREEMENTnmtually agree,disputes concerning alleged design errors will be conducted ander the procedures found in Exhibit"J",and disputes concerning claims will be conducted under the procedures found in Exhibit'97. XII Venue,Applicable Law, and Personal Jurisdiction In the event that either.party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT,the parties hereto agree that any such action shell be initiated in the Superior court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated in the county in which the AGENCY is located. Page 6 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal,State,and local laws and ordinances applicable to the work to be done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all maims,demands,or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or the STATE,their agents,officers and employees;and provided farther that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the STATE,their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon such negligence(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at ail times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws,including RCW 4223, Arid is the Code of Ethics for regulating contract interest by municipal officers,The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts,if any,on the PROJECT.Subject to the processing of a new sole source,or an acceptable supplemental agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration.By providing such assistance,the CONSULTANT shall assume no responsibility for proper construction techniques,job • site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the tams of the AGREEMENT,or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A.Worker's compensation and employer's liability insurance as required by the STATE. B.Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars($2,000,000)for bodily injury,including death and property damage.The per occurrence amount chall not exceed one million dollars($1,000,000). C.Vehicle liability insurance for any automobile used in an amomrtnot less than a one million dollar($1,000,000) combined single limit Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT,the AGENCYwill be named on all policies as an additional insured.The CONSULTANT shall finnishthe AGENCY with verification of insurance and endorsements required by the AGREEMENT.The AGENCY reserves the right to require complete,certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies civil be effective without thirty(30)days prior notice to the AGENCY, The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million($1,000,000)dollars,whichever is the greater,unless modified by Exhibit"L".In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. XIV Extra Work A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT fn the services to be performed. B.If any such change causes an increase or decrease in the estimated cost ot,or the timerequired for,performance of any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other tens and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the AGREEMENT accordingly. C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under this clause within thirty(30)days from the date of receipt of the written order.However,if the AGENCY decides that the has justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment ofthe AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this • AGREEMENT,shall notbe increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them, XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work inprogress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M l(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit"M -2"Certification Regarding Debarment Suspension and Other Responsibility Matters-Primary Covered Transactions, Exhibit"M-3"Certification Regarding the Restrictions ofthe Use of Federal Funds for Lobbying and Exhibit"M-4" Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over$100,000 and Exhibit"M-4"is required only in AGREEMENTS over$500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the patties.No agent,or representative of either party has authority to make,and the parties shall notbe bound by or be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or modifications of the terms hereof shall be valid-unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,representations, warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 in witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the 'Execution Date° box on page one(1)of this AGREEMENT. • By �. - BY % Consultant /�J`�C: (/Gtni SG/✓ J. SAgency elo,2 • • • DOT Form 140.088 EF Revised sf200e Page 8 of 8 Exhibit A-7 Scope of Work Project No. 14-025 The Scope of Work is defined by the attached 4-1-14 Ppin Land Snhrtinns Tncprnpnsal to the. City of Spokane Valley to provide Appraisal and Right-of-Way Ac p;icitinn services in accordance with the WSfOT Local Aglenry Guidelines The City will provide Title Reports, prepare the Right-of-Way/Ilan,provide legal descriptions and exhibits for each ofthe Darnels and record all documents This contract does not include relocation services Documents To Be Furnished By The Consultant A Project funding Estimate.(PPR)and notification of any subsequent amendments For each of the 6 parcels involving Acquisition or easements the following shall be provided, Review City finniched Title Reports for Encumbrances that may conflict with the intent of the project Appraisals for parcel acquisitions valued on the PFR at$25,1100 or more Adminicfrative Offer Summaries for parcel acgvisitions wined at less than $9S non llrafd and final initial O fe.t T caeca draft and final anhse rnent Offer letters acne Negotiation diary including a record of all contacts with property owners Real Property Voucher WarrantyDeeds poured nn City finrnished format Temporary Constmctinn Easements nn City furnished format Real Estate FYMCe TAY A4Fid t�f and[rl 9 Fn TAYnayer TdPntjfiratinn Number and f ernfie Linn Form DOT Form 140-089 EF E#0bItA-1 Revised 8105 Epic Land Solutions, Inc. OF 1410 N. Mullan Road Ste.110 - Spokane,WA 99206 Phone:509-999-4787 Fax: 509-777-1112 April 1st 2014 Craig Aldworth Project Engineer city of Spokane Valley Spokane Valley,WA 99206 RE: SR 27 Pines Road and Grace Avenue Intersection Safety Dear Mr.Aldworth: Epic Land Solutions,Inc.is pleased to provide a proposal for Acquisition and Appraisal Services for the City of Spokane Valley SR 27 Pines Road and Grace Avenue Safety project. Epic is a full service real property consulting firm specializing in public agency real estate consulting. Our team Is well-versed In the Federal and State regulations related to real estate consulting. Roxanne Grimm,former WSDOT Eastern Region Acquisition Supervisor will be the primary resource on this project.Roxanne has worked on many projects similar in nature to this one and Is well known by those who certify projects with State and Federal funding. Epic's goal for overall real estate services is to provide knowledgeable,efficient,caring and sensitive supervision and coordination throughout all stages of the project. This begins with identifying potential ROW issues and planning how to address these effectively. We look forward to this project and are committed to providing exceptional services. Please, call or email us upon approval and we will begin immediately. Creating land Solutions for the Public Good www.epldand.com Acquisition Scope For real estate acquisitions,Epic will provide the following: • Prepare an offer package and submit the offer to the property owners or their representatives and negotiate a mutually acceptable agreement subject to City approval. . • Prepare a final settlement packet for the City including signed legal documents,a diary of owner contacts,and written or electronic communication. • All parcels to conform to local,State and Federal guidelines. During the course of the project,Epic will provide the City with detailed status and communicate as needed to address any issues related to the negotiations. Schedule Epic will commence immediately upon receiving this signed document which serves as a Notice to Proceed. Fees CONSULTANT shall provide the acquisition and appraisal services at the following Not To Exceed fee: Name Acquisition NTE Fee. Acquire strip acquisitions in fee and TCE's where applicable on the following parcels Parcels#'s: 45102.9011,451010201,45102.0103,45102.0102, 6 parcels Qa 3500.00= 45102.0101 and 45102.9097 $21,000.00 Appraisal(AOS)services on the above same parcel $5,000.00 numbers.The cost includes Safes Package,Project description and Funding Package. Creating Land Solutions for the Public Good www.epioiand.com • Expenses(Mileage,postage, etc) $150.00 TOTAL $26,150.00 The above not-to-exceed will be bill on a time and expense basis with staff hours at the following rates. Fees provided above are based on the scope described in its entirety and the consequential economies of scale. Should the scope be reduced,a revised cost estimate will need to be developed and submitted. Staffing Hourly Rates Regional Manager $145 Project Manager $125 Senior Agent $95 Agent $53 Cost assumptions: • Cost assumes the acquisitions will take place within 6 months of the start of negotiations • Cost does not include purchase of preliminary title reports or recording fees. It is assumed title reports will be provided by the City of Spokane Valley. • City of Spokane Valley will provide documents for transferring title and provide a means for closing acquisitions either by the City of Spokane Valley or by a local Title Company. • City of Spokane Valley to provide legal descriptions of the ROW area to be acquired. • Condemnation preparation to be charged additional to Not To Exceed at hourly rates above. Court/Arbitration hearing preparation and/or testimony is two times the hourly rates provided above. • No relocation services are included. Invoicing for actual time and expenses incurred will be submitted on a monthly basis with payment due within 30 days. ACCEPTED: City of Spokane Valley Signature Title Date Creating Land Solutions for the Public Good www.eoicland.com Exhibit C Electronic Exchange of Engineering and Other Data in this Exhibit the agency,as applkable,is to provide a description of the format and standards the consultant is to use in preparing electronic flies for transmission to the Agency.The format and standards to be provided may include,but are not limited to,the following: I. Surveying,Roadway Design&Plans Preparation Section A.Survey Data B.Roadway Design Files C.Computer Aided Drafting Files D.Specify the Agency's Right to Review Product with the Consultant E,Specify the Electronic Deliverables to Be Provided to the Agency F.Specify What Agency Furnished Services and Information Is to Be Provided II. My Other Elecronlc Files to Be Provided III. Methods to Electronically Exchange Data A.Agency Software Suite B.ElectronicMessagingSystem C.File Transfers Format Exhibit D-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREE LENT as provided hereinafter.Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work,The CONSULTANT shall conform to all applicable portions of48 CFR Part 31. 1. Hourly Rates:The CONSULTANT shall be paid by the AGENCY for work done,based upon the negotiated hourly rates shown in Exhibit`B"and"F"attached hereto and by this reference made part of this AGREEMENT.The rates listed shall be applicable for the first twelve(12)month period and shall be subject to negotiation for the following twelve(I2)monthperiod upon request of the CONSULTANT or the AGENCY.If negotiations are not conducted for the second or subsequent twelve(12)month periods within ninety(90)days after completion of the previous period,the rates listed in this AGREEMENT,or subsequent written authorization(s)from the AGENCY shall be utilized.The rates are inclusive of direct salaries,payroll additives,overhead, and fee.The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non-Salary Costs:Direct Non-Salary Costs will be reimbursed at the Actual Cost to The CONSULTANT.These charges may include,but are not limited to,the following items:travel, printing,long distance telephone,supplies,computer rharges and sub-consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY.The CONSULTANT shall comply with the rules and regulations regarding travel costs(excluding air,train,and rental car costs)in accordance with the AGENCY'S Travel Rules and Procedures. However,air,train,and rental car costs shall be reimbursed in accordance with 48 CFRPart 31.205.46"Travel Costs." b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office.Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund:The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT.Such authorization(s)shall be in writing and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT.The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT.This fiord may not be replenished.Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV,"Extra Work" DOT��14d0-039 EF E�diibry D-3 4. Maximum Total Amount Payable:The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT tit not exceed the amount shown in the heading of this AGREEMENT.The Maximum Total Amount Payable is comprised of the Total Amount Authorized,and the Management Reserve Fund,The Maximum Total Amount Payable does not include payment for Exfra Work as stipulated in Section XIV,`Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments:Progress payments maybe claimed on a monthly basis for all costs authorized in I and 2 above.The monthly billing shall be supported by detailed statements for hours expended at the rates established hi Exhibit`E",Including names and clacclfications of all employees,and billings for all direct non-salary expenses.To provide a means of verifying the billed salary costs for the CONSULTANT'S employees,the AGENCY may conduct employee interviews.These interviews may consist of recording the names,titles,salary rates,and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Final Payment Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports, electronic data and other related documents which are required to be furnished under this AGREEMENT.Acceptance of such Final Payment by the CONSULTANT chall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance.Said Final Payment shall not,however,be a bar to any claims that the AR+F1i'CY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit,all required adjustments will be made and reflected in a final payment.In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days ofnotice of the overpayment Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a funding by the AGENCY of overpayment.The CONSULTANT has twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings, 7. Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY,STATE and the United States,for aperiod of three (3)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception:if any litigation,claim or audit arising oat oZ in connection with,or related to this contract is initiated before the expiration of the three(3)year period,the cost records and accounts shall be retained until such litigation,claim,or audit involving the records is completed. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The one page(s) entitled “Exhibit E-2 / Consultant Fee Determination – Summary Sheet” contain(s) confidential cost and rate data and is(are) withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The one page(s) entitled “Exhibit F / Breakdown of Overhead Cost” contain(s) confidential cost and rate data and is(are) withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. • Exhibit H Title Vi Assurances During the performance of this AGREEMENT,the CONSULTANT,for itself,its assignees,and successors in interest agrees as follows: I. Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time(hereinafter referred to as the'REGULATIONS"),which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination:The CONSULTANT,with regard to the work performed during the AGREEMENT,shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention of sub-consultants,including procurement ofmaterials and leases of equipment.The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS,including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants,Including Procurement of Materials and Equipment:In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract,includingprocurement of materials or leases of equipment each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color, sex,or national origin. 4. Information and Reports:The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto,and shall permit access to its books,records, accounts,other sources of information,and its facilities as may be determined by AGENCY,STATE or the Federal k ighwayAdministration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS,orders and instructions.Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY,STATE or the FHWA as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance;In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it,the STATE or the FHWA may detente to be appropriate,including,butnot limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies,and/or; • Cancellation,termination,or suspension of the AGREEMENT,in whole or in part DOT Fran 140.089 EF Exhibit Revised 05 6. Incorporation of Provisions:The CONSULTANT shall include the provisions of paragraphs(I)through (5)in every sub-contract,including procurement of materials and heases of equipment,unless exempt by the REGULATIONS,or directives issued pursuant thereto.The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY,STATE or FIUWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and,in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement,Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT.In addition,the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A fmal payment shall be made to the CONSULTANT which when added to any payments previously made,shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total workrequired for the Project In addition,the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Foran i4OAaa EF Exhibit I Revised 6OOS Exhibit J Alleged Consultant Design Error Procedures The purpose ofthis exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care.In addition,it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1—Potential ConsulttantDesignError(s)is Identified by Agency's ProjectManager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s).For federally funded projects,the Region Highways and Local Programs Engineer should be informed and involved in these procedures.(Note:The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project to be responsible for the remaining steps in these procedures.) Step 2-Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s),and with the Director ofPublic Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project.Examples include:all decisions and descriptions of work;photographs,records of labor,materials and equipment Step 3—Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regarding the alleged design enor(s)and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel(including sub-consultants) deemed appropriate for the alleged design error(s)issue. Step 4—Attempt to Resolve Alleged Design Error with Consultant Atter the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: • • It is determined via mutual agreement that there is not a consultant design error(s).If this is the case,then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred.If this is the case,then the Director of Public Works or Agency Engineer,or their representatives,negotiate a settlement with the consultant.The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place.The agency is to provide A&T.P,through the Region DOT aeNe1147d Fair 4e.Ca9 EF E� baJ Local Programs Engineer,a summary of the settlement for review and to make adjustments,if any,as to how the settlement affects federal reimbursements.No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may request that the alleged design error(s)issue be forwarded to the Director ofPublic Works or Agency Engineer for review.If the Director of Public Works or Agency Engineer,after reviewwith their legal counsel,is not able to reach mutual agreement with the consultant,proceed to Step 5. Step 5—Forward Documents to Highways and Local Programs For federally funded projects all available information,including costs,should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the NINA.H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s),and attempt to fmd a resolution to the issue.If necessary,H&LP will request assistance from the Attorney General's Office for legal interpretation.H&LP milt also identify how the alleged enor(s)affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached,the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution.H&LP,in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claims)on a consultant agreement.The following procedures should only be utilized on consultant claims greater than$1,000.If the consultants claim(s)are a total of$1,000 or less,it would not be cost effective to proceed through the outlined steps.It is suggested that the Director ofPublic Works or•Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total$1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider apotential claim by the consultant. Step 1—Consultant Files a Claim with the AgencyProject Manager If the consultant determines that they were requested to perform additional services that were outside of the agreements scope of work,they may be entitled to a claim.The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with the additional work;and Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2—Review by Agency Personnel Regarding the Consultants Claim for Additional Compensation After the consultant has completed step 1,the next step is the process is to forward the request to the Agency's project manager.The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim.If the FHWA is participating in the project's funding,forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOTHighways and Local Programs through the Region Local Programs Engineer.Ifthe claim is not eligible for federal participation,payment will need to be from agency fonds. If the Agency project manager,Director ofPublic Works or Agency Engineer,WSDOT Highways and Local Programs Cif applicable),and FHWA(if applicable)agree with the consultant's claim,send a request memo,including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim.After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim.Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. 007 Fon/1140-08a EF edR•tt ReWsed 6/05 If the Agency does not agree with the consultant's claim proceed to step 3 ofthe procedures. Step 3—Preparation of Support Documentation Regarding Consultant's Claim(s) Tithe Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each fun that should be included in the claim; • Any correspondence that directed the consultant to perform the additionalwork; • Agency's summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s);and • Recommendations to resolve the olaim. Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or AgencyEngineer shall review and administratively approve or disapprove the claim,or portions thereof,which may include getting Agency Council or Commission approval(as appropriate to agency dispute resolution procedures).If the project involves federal participation,obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim.If the claim is not eligible for federal participation,payment will need to be from agency funds. Step 5—Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final decision regarding the consultant's claim(s).Include the final dollar amount of the accepted claim (s)and rationale utilized for the decision. Step 6—Preparation of Supplement or New Agreement for the Consultant's Claims) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim.Inform the consultant that the final payment for the agreement is subject to audit. Exhibit M-1(a) Certification Of Consultant Project No. 14-025 Local Agency I hereby certify that I am (11615 C LA/Pr ran,,,o and duly authorized • representative of the firm of Epic L5Zd Solutions,Inc whose address is 760 A .1C, r" P- ( ;ie 1/5 '8rrf4 �: / CA ?0:45 and that neither I nor the above firm I here represent hes: (a) Employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any fnm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure the AGREEMENT; (b) Agreed,as an express or implied condition for obtaining this contract to employ or retain the services of any fine or person in connection with carrying out this AGREEMENT;or (c) Paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution,donation,or consideration of any kind for,or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation in connection with this AGREEMENT involving participatian of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. Date aturo DOT Form 14605 EF DAibkM141(e) rtenuaeros Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Spokane Valley Washington,and that the consulting firm or its representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain,any firm or person; or (b) Pay, or agree to pay,to any firm,person,or organization,any fee, contribution,donation,or consideration of any kind; except as hereby expressly stated(if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil.c 9/01 fe Dat Signature DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 Exhibit M-2 Certification Regarding Debarment,Suspension, and Other Responsibility Matters-Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred,suspended,proposed for debamrent,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; B. 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 apublic transaction;violation of federal or state antitrust statues or commission of embezzlement theft,forgery, bribery,falsification or destruction ofrecords,making false statements,or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state,or local)with commission of any of the offenses enumerated inparagraph(I) (B).of this certification;and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. II. Where the prospective primary participant is unable to certifyto any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Consultant(Finn): Epic Land Solutions,Inc 0101 j( (Date) (Stgri titre)President orAutha dial of Consultant DOT FForm 140-0884EF Edge M-2 -�� EPICLAN-01 ROSEM ,acoRO CERTIFICATE OF LIABILITY INSURANCE DAT4/4/2 DIYYYT a/M2Dta 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 pollcy(les)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 License#OE67768 NAME: Erica•Wilson IDA Insurance ServlcesSD PHONE FAX 4350 La Jolla Village Drive,Suite 900 ac No Est):(619)574.6220 (NC,Noy (619)574-6288 San Diego,CA 92122 ADD TRESS: Erlca.Wilson@ioausa.com INSURERS)AFFORDING COVERAGE NAIC S INSURER A:Transportation Insurance Company 20494 INSURED INSURERS:Valley Forge Insurance Company 20508 Epic Land Solutions INSURER C:Conti nental Casualty Company 20443 2601 Airport Drive Suite 115 INSURERD: Torrance,CA 90505 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 -7ypE OF INSURANCE ADOLDUSR POLICY EFF POLICY EXP M' UNITSLTR INSR WVD POLICY NUMBER (MMIDDYY) (MM/D°IYYYYU GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY X 4031022253 10/01/2013 10/01/2014 PREMDAMAGISES(Ee E IDKEN I eur¢eI $ 1,000,000 oavne CAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 X Contractual Liab. PERSONAL&ADVINJJRY $ 2,000,0001- • X No Co.Owned Autos GENERAL AGGREGATE $ 4,000,000 GENL AGGREGATE� LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 n POLICY I^ Pia in LOC HNOA $ 1,000,000 AUTOMOBILE LIABILITY C BBBIINEDD SINGLE LIMIT $ 1,000,000 r' A ANY AUTO _ X 4031022253 10/01/2013 10/01/2014 BODILY INJURY(Per person) $ ALL OPMED SCHEDULED BODILY INJURY(Per emdert) $ AUTOS AUTOS X RED AUTOS X PUTOSNNED (PEDRPACCOENM4GE UMBRELLA LIAB _OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE - AGGREGATE $ OED RETENTION$ $ WORKERS COMPENSATION X TWTAS 0RAND EMPLOYERS'LIABILITY Y B AIW PRORRIETOR/PARTNERIEXECUR VEX 5094617867 10/01/2013 10/01/2014 EL.EACH ACCIDENT $ 1,000,000 '' OFFICER/MEMBER EXCLUDED? N IA (Mandatory In NH) E.L.DIYFASE-EA EMPLOYEE $ 1,000,000 If yes.describe Lader DESRIPTION OF OPERATIONS below E.L.DISEASE-POLCY LIMIT $ 1,000,000 C Prof Liab/Clms Made MCH288361423 10/01/2013 10/01/2014 Per Claim 2,000,000 C Ded.:$25k Per Claim MCH288361423 10/01/2013 10/01/2014 Aggregate 2,000,000 • DESCRIPTION OF OPERATIONS I LOCATIONS I VEIOCLES (Attach ACORD 101,Additional Remarks Schedule,If mare space Is equired) Re:Agreemtn No.14-025/Pines Rd(SE27)and Grace Avenue Intersection Safety Project City of Spokane Valley Additional Insured with respect to General/Hired&Non-Owned Auto Liability per the attached endorsement as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Spokane Valley t 1 11707E Sprague Ave.Suite 106 I . ofl �, �4 Spokane Valley,WA 99206 '-I OO 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I' .0/A Policy Number: 4031022253 S84469.68-A . . a Named Insured.;.Epic Land Solutions, lnc. .(5d,01/06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY INSURED IN THE EVENT OF OCCURRENCE, OFFENSE; CLAIM OR SUIT.SEE.PARAGRAPH C.,..OF THIS:ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY.PLEASEREAD IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED:OPERATIONS.COVERAGE .$t BLANKET'WAIVER OF SUBROGATION ArChitetts, Ertoirieersand Surveyors This endorsementmodifies:insuranceprovided under.the fallowing: SUSINESSOWNERS:LIASIUTY COVERAGE FORM BUSINESSOWNERS.COMMON POLICYCONDITIONS 1 A. WHO Is AN INSURED. (Seetieri C.) of 'the :4. The insurance provided te the additional insured , BUOiriaasoviriera'Llability•Ceiverage,FOrin is arriended doehet apply to "bodily Mirky, ."proPerty to include as an insured any person or.orgeritzation damage,""Orkin?l and advertising injury arising whom:you are required to as an additional insured out'of An architeces, engineer's, or surveyor's onthis policy under a written contract or written rendering Of or failure.to render any professional agreement but the written contract or written services including: agreernentinust be: a. The preparing,approving,or failing-toprepare 1. turteritlyin effect or betOrning effectivedoingThe Or approve rnaptl shop drawinge, opiniOnt; term Of thiaparlieyI and. report; surveysVfield orders, Change order% Or drawings and specifications by any 2. EieCuted prior'Id the "bodily Injury,"..nprOperty architect: engineer or surveyor performing dattage;tbr"peiserial.and edVertisiag itijiity." seryicea.on a project of,which you serve as 1 EL The ineuranee, proVided.to the additional.insured IS. construction manager;or Rotted esfellows: b. inspection; supervision,, quality control, 1. That •person or organization: Is an additional engineering or architectural services done by insured solely for due to your negligence. you on a project of which you Serve as specifically resulting from "your work" for the construction manager, additiOnat insured:whfch Is the subject of:the, S. This insurance-does-not apply: to "bodily injury," written contract or written agreement. NO "property.dernagor Or "peorial 'and advertising coverage appliest liability resulting from the sole Injury"arising auto!: negligonce Of the edditienetineUted. a. The construction or demolition work while yell 2.. The Limits of InsimAnCe epplicapie to .the . ... . . .. . .. . are acting as a construction. Si demolition additional. insured Are those specified in :the dintractor. This excluSion does net apply to written contract or written:agreement:or in the work:done for or byyriu:etytiurprernisea. Declaratierie. of this: -pokey; whichever is lase: These Limits of Insurance are inclusive of,and not C. BUaINEBSDWNERB . GENERAL LIABILITY in:additionVA the Limitsof Insurance shown In the CONDITIONS--•putis irillie,IEVent•of Occurrence, Declarations,- etfensei Claim or Sisit (aoption E.24 of the ssowners. Lf ' 3 The coverage provided to the...additional insured Soeine to add the followiabilitypeverage Form is amended ng: • within this- endorsernent and section. titled LIABILITY AND MEDICAL EXPENSE An:additiortai insured• under this endorsement will as DEFINITIONS — "Ineoted Contract.' (Section soon as.predicable: E9.1W1t1in the BuSineesowileit Liability Coverage 1. Give written.notieeaf art occurrence or an offenseFont, does betApplyte"bodily injury or"property damage arising:out of he "prOducte;completed Idee.which may tesUlt in a dello or?so-under t . tran operations,hazard"unless reqoired hy the.written his itisffbe; contract or writtenagreement. SB-146966-A Page 1 of 2 tEd.:01/06) SS-1469687A .(Ed..01/96) 2. tattler thedefense and indemnity of any:plant pr against that latile.lf.no other iritOrer defends;:We "suit" to us for a loss we Geyer under this wit underieke•to-do ao: but we will be entitled to Coveragefarft the additional insured's rights ageing all those other insurers. 3. Ternfer•the.defense:and indemnity of any:clthim or 'stair- to any other insurer which also has: When this insurance: is excess over other insnriancefore loss aideVet:Under this Citierage inadraried, We: WI par Only our share of the Part;and anoint of-the loss; If any,,that exceeds:the.stim 4, Agree to make available Any other insurance • • which the additional insured:has for a IOSS we• (a) The total amountthatall such OtnerInsurance *Over Under this:Coverage ParL would pay.for the loss In the abSence•of this We have no dUtyto.detonot or indemnify an additional insurance;:and insured under this endorsement until we receive. (14 The total of all deductible and self-insured written, notice of'a.claim or "suirfrom the additional amounts under all that etherInsurance. insured. We will share the remaining loss, if any, with any D. OTHER INSURANCE (Section 2: & 3.) of. the other insurance that IS not deStribed 'in. thiS Businessowners Common Policy Conditions are ExCesS Insurance provision and was not bought deleted and replaced with the following i specifically to appy in excess of the:Limits of • • • • Insurance' shown in the Declarations' of this This Insurance IS:eSceSs•Pver any other Insurance Coverage Part. netting the. additional insured as. an insured whether primary, excess, contingent or on any' E. 'TRANSFER OF RIGHTS OF RECOVERY AGAINST other basis unless .a written contract: or written OTHERS TO US (Section. K.2.) of the agreement specifically requires that this insurance SusirielSownerS Corninen Policy Condition§IS.deleted be either primaryor primary and noncontributing and replaced Withtholollowfng: to theadditional insdredit Own doyerage. This We 'Waive:any-right Of.recoVerY: Play have which the additional insured has been added as' insurance le excess over:any Other insurance to :egainat any person pr.organization.agairist whom.you nave agreed to wargi- righf. of recovery in a an additienal insuredby endorsement. written contract or agieeinent,because.of payments 3. When this:insurance is excess;-we will have no we make'for Injury or :damage- arising out of your 614k tinder Coverages A B to defend 'the ongeihO Operations. or "jibur work" .dohe under a additional insured against any !suit" If any other contrawith:that.person or organization and included Insurer haSia.duty to4efandthe•additionalinSured 'Within the operations hazard' a • • • Nem SR-14696.6-A, Page• :.of- tab1.160. �...40 EPICLAN-01 ROSEM AC-ORO' DATE(MM/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 10/2/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0E67768 CONTNAMEACT Erica Wilson IOA Insurance Services-SD PHONE 619 574-6220 F4X 619 574-6288 4350 La Jolla Village Drive,Suite 900 (A/C.No.Ext):( ) (A/C,No): ( ) San Diego,CA 92122 ADDDREADRE SS:Erica.Wilson@ioausa.com I INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Valley Forge Insurance Company 20508 INSURED INSURER B:Transportation Insurance Company 20494 Epic Land Solutions INSURER C:Columbia Casualty Company 31127 2601 Airport Drive Suite 115 INSURER D: Torrance,CA 90505 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,001 1 CLAIMS-MADE X OCCUR X 4031022253 10/01/2014 10/01/2015 DAMAGES(RENTEDoccurrence) $ 1,000,001 PREMISES(Ea X Cont Liab/Sev of Int MED EXP(Any one person) $ 10,001 X No Co.Owned Autos PERSONAL&ADV INJURY $ 2,000,001 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,001 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,001 OTHER: Deductible $ 1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 001 (Ea accident) > > A ANY AUTO X 4031022253 10/01/2014 10/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,001 B EXCESSLIAB CLAIMS-MADE 6014253989 10/01/2014 10/01/2015 AGGREGATE $ 1,000,001 DED RETENTION$ $ WORKERS COMPENSATION X PER 0TH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE 5094617867 10/01/2014 10/01/2015 E.L.EACH ACCIDENT $ 1,000,001 OFFICER/MEMBER EXCLUDED? N/A - 1 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,001 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,001 C Prof Liab/Clms Made RSE42315461514 10/01/2014 10/01/2015 Per Claim 2,000,001 C Ded.:$25k Per Claim RSE42315461514 10/01/2014 10/01/2015 Aggregate 2,000,001 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Agreemtn No.14-025/Pines Rd(SE27)and Grace Avenue Intersection Safety Project City of Spokane Valley is Additional Insured with respect to General/Hired&Non-Owned Auto Liability per the attached endorsement as required by written contract. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Spokane Valley 77 0(l 1 t 9ri 11707 E.Sprague Ave.Suite 106 1 � Spokane Valley,WA 99206 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 0011--1-0(4 ( i CNA Policy Number: 4031022253 SB-146968-A Named Insured: Epic Land Solutions, Inc. (Ed. 01/06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional insured Businessowners Liability Coverage Form is amended does not apply to "bodily injury," "property to include as an insured any person or organization damage," "personal and advertising injury" arising whomou are required to add as an additional eq insured out of an architect's, engineer's, or surveyor's on this policy under a written contract or written rendering of or failure to render any professional agreement; but the written contract or written services including: agreement must be: a. The preparing, approving, or failing to prepare 1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions, term of this policy; and reports, surveys, field orders, change orders 2. Executed prior to the "bodily injury," "property or drawings and specifications by any ng damage,"or"personal and advertising injury." servicest on engineera p project of which you serve las B. The insurance provided to the additional insured is construction manager; or limited as follows: b. Inspection, supervision, quality control, 1. That person or organization is an additional engineering or architectural services done by insured solely for liability due to your negligence you on a project of which you serve as specifically resulting from "your work" for the construction manager. additional insured which is the subject of the5• This insurance does not apply to "bodily injury," written contract or written agreement. No "property damage," or "personal and advertising coverage applies to liability resulting from the sole injury"arising out of: negligence of the additional insured. 2. The Limits of Insurance applicable to the a. The construction or demolition work while you additional insured are those specified in the are acting as a construction or demolition contractor. This exclusion does not apply to written contract or written agreement or in the Declarations of this policy, whichever is less. work done for or by you at your premises. These Limits of Insurance are inclusive of, and not C. BUSINESSOWNERS GENERAL LIABILITY in addition to, the Limits of Insurance shown in the CONDITIONS— Duties In The Event of Occurrence, Declarations. Offense, Claim or Suit (Section E.2.) of the 3. The coverage provided to the additional insured Businessowners Liability Coverage Form is amended to add the following: within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as DEFINITIONS — "Insured Contract" (Section soon as practicable: F.9.)within the Businessowners Liability Coverage 1. Give written notice of an occurrence or an offense Form, does not apply to"bodily injury"or"property to us which may result in a claim or "suit" under damage" arising out of the "products-completed this insurance; operations hazard" unless required by the written contract or written agreement. SB-146968-A Page 1 of 2 (Ed.01/06) SB-146968-A (Ed. 01/06) 2. Tender the defense and indemnity of any claim or against that "suit" If no other insurer defends, we "suit" to us for a loss we cover under this will undertake to do so, but we will be entitled to Coverage Part; the additional insured's rights against all those 3. Tender the defense and indemnity of any claim or other insurers. "suit" to any other insurer which also has When this insurance is excess over other insurance for a loss we cover under this Coverage insurance, we will pay only our share of the Part; and amount of the loss, if any, that exceeds the sum 4. Agree to make available any other insurance of: which the additional insured has for a loss we (a) The total amount that all such other insurance cover under this Coverage Part. would pay for the loss in the absence of this We have no duty to defend or indemnify an additional insurance;and insured under this endorsement until we receive (b) The total of all deductible and self-insured written notice of a claim or "suit" from the additional amounts under all that other insurance. insured. We will share the remaining loss, if any, with any D. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this Businessowners Common Policy Conditions are Excess Insurance provision and was not bought deleted and replaced with the following: specifically to apply in excess of the Limits of 2. This insurance is excess over any other insurance Insurance shown in the Declarations of this Coverage Part. naming the additional insured as an insured whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST other basis unless a written contract or written OTHERS TO US (Section K.2.) of the agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted be either primary or primary and noncontributing and replaced with the following: to the additional insured's own coverage. This 2. We waive any right of recovery we may have insurance is excess over any other insurance to which the additional insured has been added as against any person or organization against whom you an additional insured by endorsement. have agreed to waive such right of recovery in a written contract or agreement because of payments 3. When this insurance is excess, we will have no we make for injury or damage arising out of your duty under Coverages A or B to defend the ongoing operations or "your work" done under a additional insured against any "suit" if any other contract with that person or organization and included insurer has a duty to defend the additional insured within the"products-completed operations hazard." mom moms MIME Immo ommemem MannmM OI NO SB-146968-A Page 2 of 2 (Ed.01/06)