RFQ City Hall Project Request for Qualifications
City Hall RFQ
City of Spokane Valley, Washington
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Due on: January 21, 2015 at 4:00 pm PT
Publication Dates: December 26, 2014
January 2, 2015
Table of Contents
1.0 OVERVIEW 2
1.1 PROJECT DESCRIPTION 2
1.2 PROJECT SCHEDULE 3
1.3 PROJECT BUDGET 4
1.4 QUESTIONS 4
1.5 DUE DATE 4
1.6 CONTRACT 4
1.7 OWNERSHIP OF DOCUMENTS AND CONFIDENTIALITY 5
2.0 SUBMITTAL OF QUALIFICATIONS 5
2.1 QUALIFICATIONS CONTENTS 5
2.2 EVALUATION CRITERIA AND WEIGHTS 7
2.3 CONSULTANT SELECTION SCHEDULE 7
2.4 PERFORMANCE OF SERVICES: 7
2.5 GENERAL SELECTION PROCESS 8
2.6 INTERVIEWS 8
2.7 EVALUATION COMMITTEE 8
ATTACHMENT A -Aerial of area 9
ATTACHMENT B—Record of Survey 10
ATTACHMENT C—Part 1 11
ATTACHMENT C—Part 2 12
ATTACHMENT D—City of Spokane Valley Contact for Professional Services 14
Page 1 of 19
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1.0 OVERVIEW
The City of Spokane Valley is pleased to announce this Request for Qualifications (RFQ) for the
design of the first City Hall building owned by the City. Spokane Valley is a family and
business friendly community of 92,000 people which incorporated in 2003. Since that time the
City has leased space in a complex which is not optimized for municipal operations and does not
offer a unique sense of identity or place. The City has determined a new facility is needed to
accommodate its operations and to continue to provide the high level of customer service its
citizens have come to expect. A 3.38 acre parcel has been purchased at the southeast corner of
Sprague Avenue and Dartmouth Road within the former University City shopping complex to
accommodate the new City Hall.
The new City Hall is expected to be much more than a utilitarian place of business. City Hall
should be a welcoming place that is a source of pride for the community. The building should be
an energy-efficient structure which maximizes resources and lowers operating
costs. Additionally, City Hall should serve as a catalyst for new private investment in the area.
The City of Spokane Valley requests firms provide their qualifications for design and
construction services for the construction of City Hall (Project),including complete building, site,
utility, and landscaping plans, construction specifications, and other bid materials. The selected
design team will work closely with City staff to develop plans and specifications for the Project.
Space programming for the proposed building was completed in 2008 City Hall Program by
BWA and the update which was done in 2013 by MMEC. These documents can be viewed on
our website at http://www.spokanevalley.org/ch The City desires to occupy the new building by
March 1,2017.
1.1 PROJECT DESCRIPTION
The current Project scope is based on a facility of approximately 50,000 square feet of finished
space. The following elements shall be incorporated into the Project:
• Functional and cost conscious overall building design. The Project shall be a quality
facility with a tasteful design and finishes that are durable and low maintenance.
• The Project shall have a prominent presence, is expected to act as an "anchor" to help
spur economic development, and, shall be of a size and scale to appropriately fit the
needs of the City and of the space and setting in which it will be located. The Project will
be located as shown on Attachment A.
• The overall design should contribute to establishing a sense of place and identity for the
community. The design should consider the natural elements of the City which include
the Spokane River and the panoramic views of the mountains that surround the .valley.
Page 2 of 19
• Building layout shall accommodate the --City's administrative services and programs,
such as ,the Permit Center, the legislative activities which include City Council and
Planning Commission meetings, and other community functions.
• Proactive building design for security and safety of building occupants, resources,
structure, and continuity of operations.
• A Permit Center that it is easily accessible and visible to the public, and which maximizes
efficient use of permitting staff and resources.
• The design shall utilize natural light as much as possible.
• Efficiency features that utilize sustainable and efficient building principles. LEED Silver
level equivalent design shall be considered in the design as a minimum. The design
approach is encouraged to exceed the minimum Silver requirement, so long as the
maximum budget for the project is not exceeded. LEED certification shall be evaluated
by the Consultant to determine feasibility based on the Project schedule and budget.
• Circulation around the site, both vehicular and pedestrian, including a clearly identified
front entrance for the public and the Permit Center.
• On-site parking and on-street parking to accommodate the public needs. On-street
parking solutions shall be coordinated and approved by the City along the Dartmouth
right-of-way.
• Creative use of green space with consideration to water conservation and preservation of
existing established trees and vegetation.
Site and building exterior lighting that provides well lit and safe access and egress points
of pedestrian and vehicular traffic to the site and promote access from and to the
Appleway Trail, Balfour Park and the proposed library/park site which is located across
Sprague Avenue. from the Project site. The conceptual Site Plan for the Park/Library
Conceptual Site can be viewed at
http://www.spokanevalley.org/content/124/938/146/4361.aspx
• Furniture design, including seating, conference rooms, office, workstations, and storage
files.
The City will complete the SEPA checklist and traffic concurrency and are not included in the
scope of work of the Project. The Record of Survey for the Project is included in Attachment B.
1.2 PROJECT SCHEDULE
The anticipated Project schedule is shown below:
City Hall Design March 1, 2015 to July 31, 2015
Project goes to Bid September 15, 2015
Bid Award November 15, 2105
Ground Breaking January 1, 2016
Certificate of Occupancy March 1, 2017
Page 3 of 19
1.3 PROJECT BUDGET
The budget dollar amount for the entire Project shall not exceed $13,200,000 including sales tax.
This amount includes all design, construction, inspection, contingencies and furniture costs.
1.4 QUESTIONS
The City acknowledges that this RFQ is comprehensive. Questions or requests for information
shall be directed to in writing or by email to:
Deanna Horton
City of Spokane Valley
11707 E Sprague, Suite 106
Spokane Valley, WA 99206
dhorton(a spokanevalley.org
Questions shall be received no less than seven (7) calendar days prior to the due date to be
answered. The City is not obligated to consider or respond to any questions submitted or
received within seven (7) calendar days of the due date for Qualifications. Questions will be
noted and the answers shall be posted at the City website at www.spokanevalley.org in the form
of an addendum. Interested firms shall be responsible to check the website to obtain addenda.
All official clarifications or interpretations of the documents shall be by written addenda issued
by the City. Clarifications or answers to questions given verbally by the City during the
submittal process are informal and unofficial and are not binding on the City or any party
submitting Qualifications. The City is not responsible for oral interpretations. Notification of
any apparent discrepancies, omissions, or doubt as to meaning found in this document shall be
submitted in writing to the person designated to receive administrative questions identified
above.
Acknowledge receipt of addenda in Attachment C - Part 1. Failure to provide acknowledgment
may result in the submitted Qualification being rejected as not responsive.
1.5 DUE DATE
Qualifications are due at the time and place stated on the cover sheet. Any Qualifications
received after the scheduled opening time shall not be considered. Qualifications submitted by
facsimile or by other telecommunication or electronic means shall be not being accepted.
Qualifications may be withdrawn any time prior to the due date/time.
1.6 CONTRACT
The City's proposed contract is provided in Attachment D. Submission of a Qualification
proposal in response to this RFQ is deemed to constitute consent to the City contract terms and
conditions without modification, except as may be otherwise noted in the submitted
Qualification. Any proposed exceptions or modifications to the contract shall be noted in the
Qualification submittal. The City reserves the right to revise the stated contract terms and
conditions prior to contract signature.
By submitting a Qualification Proposal, the submitting firm acknowledges that it has read and
understands the insurance requirements for the City's contract. Evidence of required insurance
Page 4 of 19
shall be submitted within ten working days following notification of the Qualification Proposal
being accepted.
The selected firm shall be required to carry, for the duration of any contract resulting from this
RFQ, the insurance types and amounts as set forth in Attachment D—Section 11.
1.7 OWNERSHIP OF DOCUMENTS AND CONFIDENTIALITY
Any reports, studies, conclusions and summaries submitted shall become the property of the
City.
The City shall regard submittals as public records, which shall be available for public inspection
and/or copying, subject to the public disclosure requirements and exemptions as provided in
Chapter 42.56 RCW, after a firm is selected regardless of any markings or notices contained in
the submittal documents. Therefore, do not respond to this RFQ if these terms are not
acceptable.
2.0 SUBNIITTAL OF QUALIFICATIONS
All information submitted is subject to verification by the City. Provide ten hard copies and one
electronic copy of the Qualifications in a sealed envelope that is clearly marked"City Hall RFQ"
to:
City of Spokane Valley
Attn: Deanna Horton
11707 East Sprague, Suite 106,
Spokane Valley, WA 99206.
2.1 QUALIFICATIONS CONTENTS
The organization of the Qualifications and the manner in which information is presented in the
submittal will be evaluated as an indication of the firm's ability to assemble clear and concise
documents.
To be considered, the Qualifications Proposal shall include the following fully executed forms
and information:
1. Attachment C: Parts 1 and 2.
2. Project Approach:
a. A description of the proposing firm's Project vision and approach to the Project
and value to the City.
b. Address all required elements such as building design, site development,
drainage, utilities, landscaping etc.
c. Describe how the Project Team will be integrated, including a description of
management strategies and internal communication protocols to ensure a
successful Project.
d. At your discretion, include suggestions or supplemental tasks which may enhance
the Project or streamline the scope of work and improve cost effectiveness. For
Page 5 of 19
example, phasing certain portions of design and construction to expedite the
process.
e. Proposed concepts, ideas, floor plans, and renderings are encouraged.
f Discuss proposed construction materials and construction methods to demonstrate
building durability, low maintenance costs, and energy efficiency.
g. Describe the firm's capacity to recognize "project specific" issues and develop
creative solutions to address them. Provide examples of challenges and resulting
solutions from previous projects. Describe ways in which the firm will apply
knowledge gained from past projects to specific issues on this Project.
h. Describe the particular processes that will be used to complete the various scope-
of-work elements and proposed refinements to improve efficiency.
3. Project Management and Schedule
a. Identify the project manager and principal contact who will be permanently
assigned to the Project(it is strongly preferred one person handle both tasks).
b. Propose a schedule for the Project, describing and identifying key milestones and
exhibiting your knowledge of the various activities required for this Project. The
schedule should conform to the generalized milestone schedule presented in this
RFQ, or discussion should be included to clarify deviations from those
milestones.
c. Present the proposed project management procedures for the Project. Describe
the involvement and the duties of the project manager in detail, with a clear
description of the ways in which productivity will be monitored, how the Project
will be kept on budget and on schedule and list relevant construction project
management experience.
d. Discuss the quality control measures that will be implemented, and describe the
stages of document review, including the team members that will be involved and
their responsibilities.
4. Team:
a. Location where work will be performed.
b. Identify the proposed team, including sub-consultants, general qualifications and
experience.
c. Project team resumes (provide no more than one page resume per team member).
d. Include a one paragraph summary for each key team member, years of
experience, education, certifications, company affiliation, workplace location, and
a brief list of individual project experience.
e. Describe the firm's capacity (staff resources) to complete multiple assigned
projects.
5. Relevant Experience: Describe experience in planning and designing city halls, civic
facilities, or office buildings of compatible size and budget to the Project. Include at least
Page 6 of 19
three completed projects which are similar to the Project. For each, provide the following
information:
a. Name and location of the project and year completed.
b. Name and contact information of each client and their project manager.
c. Elements of the project that are common to the plan/scope elements described in
this request.
d. Sample layouts, floor plans, or renderings of other city hall structures or
equivalent (size and budget) office buildings.
e. For each of the representative projects identified, discuss the firm's role in
controlling the project budgets. If the costs exceeded the budget, describe actions
taken to bring costs back within project requirements.
f. Address the firm's ability and successes in conforming to tight project schedules
and budgets.
g. Discuss the experience of the firm in performing work on municipal projects.
2.2 EVALUATION CRITERIA AND WEIGHTS
Qualifications shall be evaluated based on the criteria and evaluation weights shown below.
Criteria Evaluation
Weight
Project Approach 30%
Project Management and Schedule 10%
Team 25%
Relevant Experience 30%
Qualifications Content and Organization 5%
2.3 CONSULTANT SELECTION SCHEDULE
The following dates are based upon initial planning and should be considered tentative:
1. Evaluate applications the week of: February 2, 2015.
2. Interview finalists the week of: February 9, 2015.
3. Designation of the most highly qualified firms the week of: February 23, 2015
2.4 PERFORMANCE OF SERVICES:
The City intends that the firm awarded a contract will perform the work commencing upon the
notice to proceed and terminate upon project completion unless terminated sooner with written
notification by the City. The designation of a firm as "most highly qualified" by the City is not
intended to be nor will it be a guarantee that all professional services required by the City,
appropriate to a firm of its type, will be exclusively performed by that firm. The City retains the
right to award work, on this or any other projects, to other firms.
Page 7 of 19
2.5 GENERAL SELECTION PROCESS
A recommendation committee will review all submittals based on the evaluation criteria set forth
in this RFQ.
This RFQ does not commit the City to award a contract. The City shall not pay any costs
incurred in preparing a submittal or to procure or contract for services or supplies. The City
reserves the right not to select any firm(s) for the services based on this RFQ, to accept or reject
any or all submittals, or to cancel, at its discretion, this RFQ at any time.
The selection of a firm as the most highly qualified to perform the work of this RFQ is not
intended nor will it in any way be construed or considered to be a contract or an exclusive
guarantee to furnish professional services associated with this Project or any other work suitable
to a firm of its type.
If a firm is selected, a scope of work and price for services will be negotiated between the City
and the firm. If an agreement cannot be reached with the selected firm, negotiations will be
terminated and the next most qualified firm will be contacted for contract negotiations. No work
shall be undertaken without a mutually agreed upon statement of work, fee, and contract signed
by the parties.
Any contract awarded shall be nonexclusive and, if it be in the City's best interest, it may award
work to other firms. Any contracts resulting from this RFQ between the City and the firm may
be canceled upon written notification by the City.
2.6 INTERVIEWS
Interviews may be held at the sole option of the City. If interviews are conducted, firms should
plan to have key personnel on their interview teams who would be assigned to work on the
Project. Interviewing firms may be asked to provide supplemental or additional information for
review by the committee prior to the interviews.
The City reserves the right to utilize new or revised evaluation criteria and weights to be used in
evaluation of the firms being interviewed. If changes are made to the criteria or weights, they
will be sent to the interview candidates prior to the conduct of the interviews.
Committee members will use the applicable evaluation criteria and weights to evaluate interview
information. Previous clients may be contacted as part of the evaluation process. The
recommendation committee will rank the firms interviewed and present their recommendation to
the City Council for selection of the most highly qualified firm.
2.7 EVALUATION COMMITTEE
Typically, evaluation committees try to review all submittals at one sitting in order to facilitate
continuity, which helps improve the consistency of the individual scoring. Due to the number of
firms that typically respond and a limited amount of time available for review it is strongly
recommended the response be concise and to the point. The response should be structured in
order to make it easy for the committee to evaluate the firm's professional capabilities and
experience.
Page 8 of 19
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ATTACHMENT C—Part 1
GENERAL INFORMATION
A. Legal name of applicant company
B.Name of contact person
Title
Telephone number including area code
C. Did outside individuals/agencies assist with preparation of this program? YES NO
If"Yes",please describe:
D. RECEIPT OF ADDENDA: Firm acknowledges receipt of the following addenda if any:
Addendum No. Addendum No.
Addendum No. Addendum No.
Dated Dated Dated Dated
I certify that to the best of my knowledge the information contained in this RFQ is accurate and complete
and that I have the legal authority to commit this agency to a contractual agreement. I realize the final
funding for any service is based upon funding levels and the approval of the Spokane Valley City
Council.
Print Name Title
Signature,Administrator,or Applicant Agency Date
Page 11 of 19
ATTACHMENT C—Part 2
ADMINISTRATIVE INFORMATION FOR PRIME:
A.FIRM:
1.Name of firm:
2.Business address including zip code:
3. Telephone number including area code:
4.Fax number including area code:
5. Federal tax identification number:
6. Washington State UBI number if issued:
7. State industrial account identification number if issued:
ADMINISTRATIVE INFORMATION FOR SUB-CONSULTANT(S):
A. FIRM:
1.Name of firm:
2.Business address including zip code:
3. Telephone number including area code:
4.Fax number including area code:
5. Federal tax identification number:
6.Washington State UBI number if issued:
Page 12 of 19
7. State industrial account identification number if issued:
10. Contact person regarding this submittal's information:
11.Firm's areas of expertise:
Page 13 of 19
ATTACHMENT D—City of Spokane Valley Contact for Professional Services
DRAFT
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the
State of Washington,hereinafter"City"and , hereinafter "Consultant,"
jointly referred to as"Parties."
IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows:
1. Work to Be Performed. Consultant shall provide all labor, services and material to satisfactorily
complete the attached Scope of Services.
A. Administration. The City Manager or designee shall administer and be the primary contact for
Consultant. Prior to commencement of work, Consultant shall contact the City Manager or
designee to review the Scope of Services, schedule and date of completion. The Scope of
Services is attached hereto as Exhibit 1. Upon notice from the City Manager or designee,
Consultant shall commence work,perform the requested tasks in the Scope of Services, stop work
and promptly cure any failure in performance under this Agreement.
B. Representations. City has relied upon the qualifications of Consultant in entering into this
Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill
and resources necessary to perform the work and is familiar with all current laws, rules and
regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon
personnel shall be made without the prior written consent of City.
Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient
compensation for its timely provision of all professional services required to complete the Scope
of Services under this Agreement.
Consultant shall be responsible for the technical accuracy of its services and documents resulting
therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall
correct such deficiencies without additional compensation except to the extent such action is
directly attributable to deficiencies in City furnished information.
C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally
employed by professional consultants engaged in the same profession, and performing the same
or similar services at the time such services are performed.
D. Modifications. City may modify this Agreement and order changes in the work whenever
necessary or advisable. Consultant will accept modifications when ordered in writing by the City
Manager or designee. Compensation for such modifications or changes shall be as mutually
agreed between the Parties. Consultant shall make such revisions in the work as are necessary to
correct errors or omissions appearing therein when required to do so by City without additional
compensation.
2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain
in effect until completion of all contractual requirements have been met as determined by City.
Consultant shall complete its work by , 20 , unless the time for performance is
extended in writing by the Parties.
Page 14 of 19
DRAFT
Either Party may terminate this Agreement for material breach after providing the other Party with at least
ten days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this
Agreement for any reason by ten days' written notice to Consultant. In the event of termination without
breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to
the termination date.
3. Compensation. City agrees to pay Consultant$ , plus Washington State Sales Tax of
$ , for a total of $ , as full compensation for everything done under this
Agreement. Consultant shall not perform any extra,further or additional services for which it will request
additional compensation from City without a prior written agreement for such services and payment
therefore.
4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for
payment shall be sent to the City Finance Department at the below stated address.
City reserves the right to withhold payment under this Agreement which is determined in the reasonable
judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards,
City Code,and federal or state standards.
5.Notice. Notices other than applications for payment shall be given in writing as follows:
TO THE CITY: TO THE CONSULTANT:
Name: Christine Bainbridge,City Clerk Name:
Phone: (509) 921-1000 Phone:
Address: 11707 East Sprague Ave, Suite 106 Address:
Spokane Valley,WA 99206
6. Applicable Laws and Standards. The Parties,in the performance of this Agreement, agree to comply
with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs,
construction documents, and services shall confirm to all federal, state and local statutes and regulations.
7. Certification Re2ardin2 Debarment, Suspension, and Other Responsibility Matters — Primary
Covered Transactions.
A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief,
that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal department
or agency;
2. Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission or fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(federal, state, or local) transaction or contract under a public transaction; violation of
federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
Page 15 of 19
DRAFT
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph (A)(2)of this certification; and
4. Have not within a three-year period preceding this application/proposal had
one or more public transactions(federal, state,or local)terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this Agreement.
8. Relationship of the Parties. It is understood, agreed and declared that Consultant shall be an
independent contractor, and not the agent or employee of City,that City is interested in only the results to
be achieved, and that the right to control the particular manner, method and means in which the services
are performed is solely within the discretion of Consultant. Any and all employees who provide services
to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be
solely responsible for the conduct and actions of all its employees under this Agreement and any liability
that may attach thereto.
9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared
by Consultant under this Agreement are and shall be the property of City, and may be subject to
disclosure pursuant to RCW 42.56 or other applicable public record laws. The written, graphic, mapped,
photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise
provided, be deemed the property of City. City shall be permitted to retain these documents, including
reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the
form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any reports, data, drawings, images or other material
prepared under this Agreement, provided that Consultant shall have no liability for the use of
Consultant's work product outside of the scope of its intended purpose.
10. Records. The City or State Auditor or any of their representatives shall have full access to and the
right to examine during normal business hours all of Consultant's records with respect to all matters
covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts
or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and
record of matters covered by this Agreement for a period of three years from the date final payment is
made hereunder.
11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by Consultant, its agents, representatives, employees or
subcontractors.
A.Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below:
1. Automobile liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary,the policy shall
be endorsed to provide contractual liability coverage.
2. Commercial general liability insurance shall be written on ISO occurrence form CG 00
01 and shall cover liability arising from premises,operations,independent contractors
and personal injury and advertising injury. City shall be named as an insured under
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Consultant's commercial general liability insurance policy with respect to the work
performed for the City.
3. Workers' compensation coverage as required by the industrial insurance laws of the
State of Washington.
4. Professional liability insurance appropriate to Consultant's profession.
B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits:
1. Automobile liability insurance with a minimum combined single limit for bodily injury
and property damage of$1,000,000 per accident.
2. Commercial general liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional liability insurance shall be written with limits no less than $1,000,000 per
claim and$1,000,000 policy aggregate limit.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain,
the following provisions for automobile liability, professional liability and commercial general
liability insurance:
1. Consultant's insurance coverage shall be primary insurance with respect to City. Any
insurance, self-insurance, or insurance pool coverage maintained by City shall be in
excess of Consultant's insurance and shall not contribute with it.
2. Consultant shall fax or send electronically in .pdf format a copy of insurer's
cancellation notice within two business days of receipt by Consultant.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A:VII.
E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement,
Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant
returns the signed Agreement. The certificate shall specify all of the parties who are additional
insureds, and will include applicable policy endorsements, and the deduction or retention level.
Insuring companies or entities are subject to City acceptance. If requested, complete copies of
insurance policies shall be provided to City. Consultant shall be financially responsible for all
pertinent deductibles, self-insured retentions,and/or self-insurance.
12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify and
hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits,
liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature
whatsoever relating to or arising out of the wrongful or negligent acts, errors or omissions in the services
provided by Consultant, Consultant's agents, subcontractors, subconsultants and employees to the fullest
extent permitted by law, subject only to the limitations provided below.
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Consultant's duty to defend, indemnify and hold harmless City shall not apply to liability for damages
arising out of such services caused by or resulting from the sole negligence of City or City's agents or
employees.
Consultant's duty to defend, indemnify and hold harmless City against liability for damages arising out of
such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b)
Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the
extent of the negligence of Consultant, Consultant's agents, subcontractors, subconsultants and
employees.
Consultant's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands,
losses and liability to which it applies, City's personnel-related costs, reasonable attorneys' fees, and the
reasonable value of any services rendered by the office of the City Attorney, outside consultant costs,
court costs,fees for collection, and all other claim-related expenses.
Consultant specifically and expressly waives any immunity that may be granted it under the Washington
State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in
any way by any limitation on the amount or type of damages, compensation or benefits payable to or for
any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts.
Provided, that Consultant's waiver of immunity under this provision extends only to claims against
Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly
against Consultant.
Consultant hereby certifies that this indemnification provision was mutually negotiated.
13. Waiver. No officer, employee, agent or other individual acting on behalf of either Party has the
power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in
one instance shall be held to be a waiver of any other subsequent breach or nonperformance. All
remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in
addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time
any of the provisions of this Agreement or to require at any time performance by the other Party of any
provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the
validity of this Agreement or any part thereof.
14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the
responsibilities of this Agreement or the benefits received hereunder without first obtaining the written
consent of the other Party.
15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for
any of the work contemplated under this Agreement without obtaining prior written approval of City.
16. Confidentiality. Consultant may, from time to time,receive information which is deemed by City to
be confidential. Consultant shall not disclose such information without the prior express written consent
of City or upon order of a court of competent jurisdiction.
17.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Disputes
between City and Consultant shall be resolved in the Superior Court of the State of Washington in
Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request,be
joined as a party in any arbitration proceeding between City and any third party that includes a claim or
claims that arise out of,or that are related to Consultant's services under this Agreement. Consultant
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further agrees that the Arbitrator(s) decision therein shall be final and binding on Consultant and that
judgment may be entered upon it in any court having jurisdiction thereof.
18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this
Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness
fees).
19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between
the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,
modified or altered except in writing signed by the Parties hereto.
20. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act
or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited,
accepted or granted a present or future gift, favor, service or other thing of value from any person with an
interest in this Agreement.
21. Business Registration. Prior to commencement of work under this Agreement, Consultant shall
register with the City as a business.
22. Severability. If any section, sentence,clause or phrase of this Agreement should be held to be invalid
for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any
other section, sentence,clause or phrase of this Agreement.
23. Exhibits. Exhibits attached and incorporated into this Agreement are:
1. Scope of Services
2. Insurance Certificates
The Parties have executed this Agreement this_day of ,20 .
CITY OF SPOKANE VALLEY Consultant:
Mike Jackson, City Manager By:
Its: Authorized Representative
ATTEST: APPROVED AS TO FORM:
Christine Bainbridge, City Clerk Office of the City Attorney
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