03-075.00 WSCTED: Comprehensive Plan Development GrantCONTRACT NO. SO4-62600-113
WASHINGTON STATE DEPARTMENT OF COMMUNITY9 TRADE AND ECONOMIC DEVELOPMENT
GROWTH MANAGEMENT SERVICES
1. GRANTEE:
2. AWARD DATE:
3. END DATE:
CITY OF SPOKANE VALLEY
November 26, 2003
June 30, 2004
11707 EAST SPRAGUE AVENUE, SUITE 106
Spokane Valley, Washington 99206
4. GRANTEE REPRESENTATIVE:
5. CTED REPRESENTATIVE:
NAME: GREG MCCORMICK
NAME: DEE CAPUTO
PHONE: (509) 688-0023
PHONE: (360) 725-3068
FAX: (509) 921-1001
E-MAIL: gmccormick@spokanevalley.org
FAX: (360) 753-2950
E-MAIL: deeca@cted.wa.gov
6. SOURCE OF STATE FUNDS:
7. GRANTEE TAX IDENTIFICATION NUMBER:
(GROWTH MANAGEMENT SERVICES)
REDACTED
$60,203
SUMMARY: To develop a Comprehensive Plan consistent with the planning goals of the Growth
Management Act
The DEPARTMENT and GRANTEE acknowledge and accept the terms of this CONTRACT and
attachments and have executed this CONTRACT as of the date and year written below. The rights and
obligations of both parties to this CONTRACT are governed by this CONTRACT and other documents
incorporated by reference: CONTRACT Terms and Conditions including Attachment "A," Work Plan and
Attachment "B," Budget.
FOR THE DEPARTMENT OF COMMUNITY
FOR THE CITY OF SPOKANE VALLEY:
TRADE AND ECONOMIC DEVELOPMENT:
G
Nancy K. Ousley, Assistant Director
Name
DATE: rC - 03
&-OCil_�
Title _J
DATE: 12,4 9 03
APPROVED AS TO FORM ONLY:
This document contains confidential tax information and
Signature on file
has been redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to ani
Melissa Burke -Cain, Senior Counsel
Office of the Attorney General of Washington
DATE: October 20, 2003
redacted or withheld documents pursuant to Spokane Valle
Municipal Code (SVMC) 2.75.080; and obtain judicial reviev
1 ni irci iAnt to R(%A/ d? SF S1;0
DEC 11 2003
1 of 10 LOCAL GOVEhivir,,-,
CO -75
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CONTRACT NO. $04-62600-113
CONTRACT TERMS & CONDITIONS
SECTION I -PREAMBLE
This CONTRACT, entered into by the City of Spokane Valley, (hereinafter referred to as the GRANTEE) and
the Department of Community, Trade and Economic Development (hereinafter referred to as the
DEPARTMENT), WITNESSES THA"I':
WHEREAS, the DEPARTMENT has the responsibility under RCW 43.330.050(5) to provide financial and
technical assistance to the communities of the state, to assist in improving the delivery of federal, state, and
local programs; and to provide communities with opportunities for productive and coordinated development
beneficial to the well-being of communities and their residents; and
WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.120 to offer technical and
financial assistance to cities and counties planning under the Growth Management Act; and
WHEREAS, the DEPARTMENT has selected the GRANTEE to receive funds and the GRANTEE shall use the
funds to undertake a project which furthers the goals and objectives of the DEPARTMENT's Growth
Management Services Unit in accordance with its mission.
THEREFORE, the parties mutually agree to the following terms and conditions:
SECTION 2 - WORK PLAN
Over the course of the CONTRACT period, the GRANTEE shall accomplish the activities described in
Attachment "A": Work Plan that is incorporated into the CONTRACT by reference.
SECTION 3 - FUNDING
The total funds to be reimbursed to the GRANTEE for costs incurred during the CONTRACT period shall be a
sum not to exceed $60.203.
SECTION 4 - BUDGET
An approved budget by category of expenditure is included as Attachment "13" of this CONTRACT that is
incorporated into the CONTRACT by reference. The total amount of transfers of funds between line item
budget categories shall be as specified in Attachment "'B.* If the cumulative amount of these transfers exceeds
or is expected to exceed the amount specified in Attachment "B," the total project budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTIMEN'T".
SI_CTION 5 - CONTRACT PERIOD
A. The of}ective date of this CONTRACT shall be the date all parties sign and complete execution of the
CONTRACT. This CONTRACTshall terminate on .lune 30, 2004 except for any remaining obligations of
the GRANTEE as may exist under Section 7.
B. Costs to be reimbursed by the DEPARTMENT under this CONTRACT are those eligible costs incurred
during the performance of the CONTRACT work program on or after July 1. 2003.
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CON'rRACTNO. SO4-62600-113
SECTION 6 - REIM13URSEiMENT PROVISIONS
A. Funds will be disbursed per the schedule established in Attachment "B."
B. Only eligible project -related costs will be reimbursed. Ineligible costs include, but are not necessarily
limited to: capital expenses, such as land acquisition or construction costs; purchase of machinery; hosting
expenses, such as meals, lodging, or transportation incurred by persons other than staff and volunteers
working directly on the project; lobbying or political influencing; and other costs which are not directly
related to the project.
C. Within twenty (20) days after receiving and approving the voucher, the DEPARTMENT shall remit to the
GRANTEE a warrant covering the DEPARTMENT's share of the costs incurred for work performed.
D. The final invoice voucher covering costs incurred for work performed on or before June 30, 2004, must be
submitted by the GRANTEE prior to July S, 2004 to allow the DEPARTMENT sufficient time to process it.
Payment of the final voucher shall be contingent upon the DEPARTIMENT's receipt and approval of any
products or deliverables designated in Attachment "A."
SLCnON 7 - REPORTS
A. The GRANTEE shall submit a brief semiannual progress report on a form approved by the DEPARTMENT
which describes the progress made on the work program outlined in Attachment "A." Progress reports will
be submitted on a quarterly calendar cycle. The quarterly progress report shall also provide detail on the
dedicated matching funds.
B. The GRANTEE shall furnish, along with or prior to submitting the final invoice voucher, two copies of each
final product designated in Attachment "A."
SECTION 8 - ACKNOWLEDGMENT OF STATE FUIVDNG
The GRAN'I'I*h shall provide all project -related press releases to the DEPARTMENT. Press releases shall
identify the DEPARTMENT as a project financier.
Publications such as reports and pamphlets which are developed totally or in part with funds provided under
this CONTRACT shall give credit. to the funding source by including the following: "Funds made available
through the Washington State Department of Community, Trade and Economic Development."
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CONTRACT NO. 504-62600-113
SECTION 9 - DOCUMENTATION, MONITORING. At4l) AUDIT
During the CONTRACT period and following its termination, the GRANTEE shall follow accounting
procedures and shall maintain books, records, documents, and other evidence which sufficiently and properly
reflect all prgject specific costs expended in the performance of this CONTRACT. The Office of the State
Auditor or any persons duly authori�..ed by the DEPARTMENT shall have full access to and the right to inspect,
excerpt, audit, or examine any of these materials at all reasonable times for a period of six years after
termination of the CONTRACT.
'Me DEPARTMENT may require a copy of the GRANTEE's most recent audit and management letter.
The DEPARTMENT may require the GRANTEE to obtain an audit for specific expenditures under this
CONTRACT. Costs of a required audit are an allowable expense.
SECTION 10 - RECAPTURE PROVISIONS
In the event that the GRANTEE fails to expend funds under this CONTRACT in accordance with state laws
and/or the provisions of this CONTRACT, the DEPARTMENT reserves the right to recapture state funds in an
amount equivalent to the extent of the noncompliance.
Such right of recapture shall exist for a period not to exceed six years following CONTRACT termination.
Repayment by the GRANTEE of funds under this recapture provision shall occur within 30 days of demand. l.n
the event that the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision,
the DT-PARTME:NT shall be entitled to its costs thereof, including reasonable attorney's fees.
SECTION 11 - CONTRACT AMENDMENTS
A. The DEPARTMENT or the GRANTEE may request changes to the CONTRACT or its provisions. It is
agreed and understood that no material or substantive alteration or variation of the terms of this
CONTRACT shall be valid unless made in writing and signed by both parties. Any oral understanding or
agreements shall not be binding unless made in writing and signed by both parties.
B. CONTRACT amendments shall not be made which result in an extension of the CONTRACT period
beyond June 30. 2005.
SECTION 12 - NONDISCRIMINATION CLAUSE
During the performance of this CONTRACT, the GRANTEE shall comply with all federal and state
nondiscrimination laws, including, but not limited to chapter 49.60 RCW. Washington's Law Against
Discrimination, and 42, U.S.C. 12101 et seq., the Americans with Disabilities Act (ADA).
In the event of the GRANTEE --'s noncompliance or refusal to comply with any nondiscrimination law,
regulation, or policy, this CON"T"RACT may be rescinded, canceled, or terminated in whole or in part, and the
GRANTEE may be declared ineligible for further CONTRACTS with the DEPARTMENT. The GRANTEE
shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved
in accordance with Section 20.
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CONTR.AC'f NO. SO4-62600-113
SECTION 13 -TF,-RM-NATION` OF CONTRACT
A. If, through any cause, the GRANTEE shall fail to fulfill its obligations under this CONTRACT" in a timely
and proper manner; or if the GRANTEE shall violate any of its covenants, agreements, or stipulations; the
DEPARTMENT shall have the right to terminate this CONTRACT. The DEPAR?MENT may withhold the
balance of state funding if such default or violation is not corrected within twenty (20) days after the
DEPARTMENT submits written notice to the GRANTEE describing such default or violation.
B. Notwithstanding any provisions of this CONTRACT, either party may terminate this CONTRACT by
providing ATitten notice of such termination, specifying the effective date thereof, at least thirty (30) days
prior to such date.
C. Reimbursement for GRANTEE work performed, and not otherwise paid for by the DEPARTMENT prior to
the effective date of such terminations, shall be as the DEPARTMENT reasonably determines.
D. In the event funding from the state, federal, or other sources is withdrawn, reduced, or limited in anyway
after the effective date of this CONTRACT and prior to normal completion, the DEPARTMENT may
unilaterally reduce the scope of work and budget or terminate this CONTRACT.
SECTION 14 - GRANTEE NOT EMPLOYEE OF DEPARTMENT
The GRANTEE, its employees, or agents performing under this CONTRACT are not deemed to be employees
neither of the DEPARTMENT nor as agents of the DEPARTMENTin any manner whatsoever. The GRANTEE
will not hold itself out as or claim to be an officer or employee of the DEPARTMENT or of the State of
Washington and will not make any claim, demand, or application to or for any right or privilege applicable to an
officer or employee of the DEPARTMENT or of the State of Washington.
SECTION 15 - USE OF SUBCONTRACTS
The GRANTEE may enter into subcontracts for any of the work contemplated under this CONTRACT without
obtaining prior written approval of the DEPARTMENT. The GRANTEE shall follow local policies regarding
procurement, or in absence of local policies, shall use a competitive procurement process.
Each CONTRACT that the GRANTEE enters into with subcontractors, creditors and others shall contain a
clause providing notice that the state and the DEPARTMENT are not responsible for any legal obligation,
financial or otherwise, incurred by the GRANTEE.
The DEPARTMTT'T reserves the right to monitor the subcontractor selection process and contractual
documents either during or following the selection process.
The GRANTEE is responsible for the performance of any subcontractors. The GRANTEE shall require all
subcontractors to follow the same rules and regulations as described in this document. All subcontractors must
be monitored by the GRANTEE to ensure fiscal accountability.
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CONTRACT NO. 504-62600-113
SECTION 16 - OWNERSHIP OF PROJECT MATERIALS
All finished or unfinished documents, data, studies, surveys, drawings, models, photographs, films, duplicating
plates, computer disks and reports prepared by the GRANTEE under this CONTRACT shall be works for hire
under U.S. copyright law. The DEPARTMENT may duplicate, use, and disclose in any manner and for any
purpose whatsoever, all materials prepared under this CONTRACT.
The GRANTEE must have prior approval of the DEPARMENT to produce patents, copyrights, patent rights,
inventions, original books, manuals, films, or other patentable or copyrightable materials, in whole or in part
with funds received under this CONTRACT. The DEPARTMENT reserves the right to determine whether
protection of inventions of discovery shall be disposed of and administered in order to protect the public
interest. Before the GRANTEE' copyrights any materials produced with funds under this CONTRACT, the
DEIPAR"TMENT reserves the right to negotiate a reasonable royalty fee and agreement.
SECTION 17-TRAVELAND SUBSISTENCE REIMBURSEMENT
Travel and subsistence reimbursement shall be made in accordance with the guidelines followed by the
GRANTEE in the course of normal operations. In the absence of local provisions, per diem rates and travel
allowances shall be paid in accordance with rates set for state employees pursuant to RCW 43.03.050 and RCW
43.03.060 as now existing or hereafter amended.
SECTION 18 - SPECIAL PROVISION
The DEPAR"I'MENT's failure to insist upon the strict performance of any provision of this CONTRACT or to
exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall
not constitute a waiver of any right under this CONTRACT.
SECTION 19 - HOLD HARMLESS
The GRANTEE agrees to defend, hold harmless, and indemnify the State of Washington and the
DEPARTMENT, their officers, agents, employees, and assigns against any and all damages of claims from
damages resulting or allegedly resulting i:rom the GRANITE E's performance of activities under the terms of this
CONTRACT.
SECTION 20 - DISPUTE RESOLUTION
Except as otherwise provided in this CONTRACT, when a bona fide dispute arises between the parties and it
cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties
shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative
appointed by the DEPARTMENT, a representative appointed by the GRANTEE, and a third party mutually
agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. The parties agree
that this dispute process shall precede any action in a judicial or quasi-judicial tribunal.
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CONTRACT NO. SO4-62600-113
SECTION' 21 - GOVERNING LAW AND VENUE
The CONTRACT shall be construed and enforced in accordance with, and the laws of the State of Washington
hereof shall govern the validity and performance. Venue of any suit between the parties arising out of this
CONTRACT shall be the Superior Court of Thurston County, 'Washington.
SECTION 22 -APPLICABLE LAWS AND REGULATIONS
The GIZANTEE shall comply with all existing applicable laws, ordinances, codes, regulations and policies of
local, state, and federal governments, as now or hereafter amended.
SECTION 23 - SEVERABILITY
In the event any term or condition of this CONTRACT or application thereof to any person or circumstances is
held invalid, such invalidity shall not affect other terms, conditions, or applications of this CONTRACT which
can be given effect without the invalid term, condition, or application. To this end, the teens and conditions of
this CONTRACTare declared severable.
SECTION 24 — ENTIRE AGREEMENT
This contract, including referenced exhibits, represents all the terms and conditions agreed upon by the
parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this
contract shall be deemed to exist or to bind any of the parties hereto.
The attachments to this agreement are as follows:
A17ACHMENT A: "Work flan," consisting of 2 page(s); and
A-17ACHIMENT B: "Budget," consisting of I page(s).
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ATTACHMENT A: WORK PLAN
Grantee: City of Spokane Valley
CONTRACT NO. SO4-62600-113
Summary: To develop a Comprehensive Plan consistent with the planning goals of the Growth Management
Act
Estimated Completion Dates & Activities:
Goals/
Actions/
Deliverables
Description
Start
Date
End Date
Coal
Adopt a Citizen Participation Program to
guide Comprehensive Plan process
Action
Prepare Draft Citizen Partici ation Rrograrn
7/1/03
8/31/03
Action
Planning Commission/City Council review
and adoption
9/1/03
1011/03
Deliverable
Citizen Participation Program guidelines
adopted by City Council.
10/15/03
Coal
Develop Demographic Data for City
Action
Submit application for Geographically
Updated Population Certification to Census
Bureau
7/1/03
3/1/04
Action
Census Training Worksho
9/22/03
9/22/03
Deliverable
Census Tables for City of Spokane Valle
6/1/04
Coal
Citizen Participation Activities
Action
Web Site Development
9/l/03
6/30/04
Action
Ado2t a Citizen Participation Program
9/1/03
10/15/03
Action
Citizen Survey
10/1103
3/31/04
Action
Visioning
10/1/03
2/15/04
Action
Urban Design Action Team UDA
911/03
6/30/04
Action
Comp Plan Element Workshops
1/I/04
6/30/04
Deliverable
1. Adopted Citizen Participation Program.
2. Copy of citizen survey with results.
3. Summary of all Citizen participation
opportunities.
4. Copy of web site pages.
6/1/04
Goal
Comp Plan Introduction
Action
Write Introduction to Com rehensive Plan
911/03
12/1103
Action
Planning Commission Workshop
12/1/03
1/15/04
Action
Prepare Citizen Profile
9/1/03
1/15/04
Deliverable
Draft Introduction
6/1/04
Coal
Natural Environment Element
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CONTRACTNO. SO4-62600-113
Action
Review County Plan
9/1 /03
2/l/04
Action
Prepare "Working Draft" Natural
Environment Element
9/15/03
11/l/03
Action
Planning Commission/Citizen Workshop
on Natural Environment Element
1/15/04
3/l/04
Deliverable
Draft Natural Environment Element
6/l/04
Goal
Housing Element
Action
Review CountX Plan
9/1/03
2/l/04
Action
Prepare "Working DrdfZ" Housing Element
1011/03
1/15/04
Action
Planning Commission/Citizen Workshop on
Housing Element
1/15/04
3/15/04
Deliverable
Draft Housing Element
6/1/04
Goal
Land Use Element
Action
Participate in TOD study of U -Ci
9/1/03
2/l/04
Action
Review County Plan
9/1/03
2/1104
Action
Citizen Workshop on Land Use Element
2/15/04
3/15/04
Action
Prepare "Working Draft' Land Use
Element Alternatives
3115/04
4/15/04
Action
Planning Commission Workshop on Land
Use Element Alternatives
4/15/04
5/31/04
Deliverable
Draft Land Use Element
6/30/04
Deliverables: Citizen Participation Program guidelines adopted by City Council, Census Tables for City of
Spokane Valley, Adopted Citizen Participation Program, Copy of citizen survey with results, Summary of all
Citizen participation opportunities, Copy of web site pages, Drab Introduction, Draft Natural Environment
Element, Draft Housing Element, Draft Land Use Element
Status reports due by: December 15, 2003 and June 15, 2004
Products to be submitted by: June 30, 2004.
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CONTRACT NO. SO4-62600-113
ATTACUMENT B: BUDGET
The budget shall consist of the following elements:
1. Category of Expenditure
2. Budget Summary
SFY 2004
C'f" ED Funds $60,203
Other Funds $177,992
Total 1 $238.195
3. Payment Disbursement Schedule
Upon final signing of contract and before June 30, 2004: $30,101
After submission of first status re ort and before June 30, 2004: $24,082
Upon completion of the contract and before June 30. 2004 $6,020
4. Special Budget Provisions
A. For CONTRACTS over $30,000 the total amount of transfers of funds between line item budget
categories shall not exceed ten (10) percent of the total budget. If the cumulative amount of these
transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTEE and the
DEPARTMENT.
B. For CONTRACTS under $30,000 the total amount of transfers of funds between line item budget
categories shall not exceed twenty (20) percent of the total budget. If the cumulative amount of
these transfers exceeds or is expected to exceed twenty percent, the total budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTEE and the
DEPARTMENT.
C. A sum of ten (10) percent of funds shall be withheld until all tasks, activities, and final products
defined in ATTACHMENT "A" have been successfully completed by the GRANTEE and accepted
fully by the DEPARTMENT.
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SFY 2004
Salaries and Benefits
$200,195
Goods and Su lies
$3,000
Professional Services
$35,000
Other Goods and
Services
"Total
$238.195
2. Budget Summary
SFY 2004
C'f" ED Funds $60,203
Other Funds $177,992
Total 1 $238.195
3. Payment Disbursement Schedule
Upon final signing of contract and before June 30, 2004: $30,101
After submission of first status re ort and before June 30, 2004: $24,082
Upon completion of the contract and before June 30. 2004 $6,020
4. Special Budget Provisions
A. For CONTRACTS over $30,000 the total amount of transfers of funds between line item budget
categories shall not exceed ten (10) percent of the total budget. If the cumulative amount of these
transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTEE and the
DEPARTMENT.
B. For CONTRACTS under $30,000 the total amount of transfers of funds between line item budget
categories shall not exceed twenty (20) percent of the total budget. If the cumulative amount of
these transfers exceeds or is expected to exceed twenty percent, the total budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTEE and the
DEPARTMENT.
C. A sum of ten (10) percent of funds shall be withheld until all tasks, activities, and final products
defined in ATTACHMENT "A" have been successfully completed by the GRANTEE and accepted
fully by the DEPARTMENT.
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• R��• 55i 7e ��
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STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY,
TRADE AND ECONOMIC DEVELOPMENT
128 - 10th Avenue SE • PO Box 42525 • Olympia, Washington 98504 • (360) 725-4000
December 18, 2003
Mr. Greg McCormick
Long Range Planning Manager
City of Spokane Valley
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
Dear Mr. McComiick:
Enclosed is your signed original contract between the City of Spokane Valley and the
Department of Community, Trade, and Economic Development for your FY 2004 Growth
Management Newly Planning Grant. If you have any questions about the contract, please call me
at (360) 725-3057.
Sincerely,
01Y47
Matthew Ojermus
Associate Plaaner
Growth Management Services
Enclosure
00
AGREEMENT FORPROFESSIONAL SERVICES
Coffman Engineers
THIS AGR.> EMENI' is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and Coffman Engineers hereinafter "Consultant," jointly referred to as
"parties."
IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows:
1. Work to Be Performed. The Consultant will provide all labor, services and material to
satisfactorily complete Scope of Services as stated in the following attachments:
Cof man Engineers Letter dated December 12, 2003.
Attachment "A" Plan Check List.
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 Work, schedule and date of completion. Upon notice from the City Manager
or designee Consultant shall continence work, perforin the requested tasks in the Scope of Work, stop work
and promptly cure any failure in performance under this agreement.
B. Representations. The City has relied upon the qualifications of the Consultant in
entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability,
skill and resources necessary to perforin the work and is familiar with all current laws, rules and regulations
which reasonably relate to the Scope of Work. No substitutions of personnel shall be made without the written
consent of the City.
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 due to negligence without additional compensation except to the extent such negligent
action is directly attributable to deficiencies in City furnished information.
C. Modifications. The City may modify this agreement and order changes in the work
whenever necessary or advisable. The 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. The Consultant shall make such revisions in the work as are necessary to correct negligent
errors or omissions appearing therein when required to do so by the City without additional compensation.
2. term of Contract. This Agreement shall be in full force and effect upon execution and shall
remain in cffcx:t until completion of all contractual requirements.
Either party may terminate this Agreement by ten (10) days written notice to the other party.'
In the event of such termination, the City shall pay the Consultant for all work previously aut-horized and
satisfactorily performed prior to the termination date.
3. Compensation. The City agrees to pay the Consultant $22,400.00 as full compensation for
everything done under this agreement. The City shall reimburse the Consultant for photocopying, postage,
graphic reproduction at actual cost and will pay for authorized travel (excluding travel to the City to attend
meetings, presentations or otherwise perform the services herein) at a rate of 5.365 per mile.
Agreciluxt for Professional Serviccs Pagel of4
CO -76
U.
•
4. Payment. The Consultant shall be paid monthly upon presentation of an invoice to the Ciry.
Applications for payment shall be sent to the City Clerk at the below stated address.
The City reserves the right to withhold payment under this agreement which is deternuned in the
reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City
Standards, City ordinances and federal or state standards.
5. Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THE CONSULTANT:
ame: Christine Bainbridge, City Clerk Nac: COfin,?^ �i29i p
Nmeers
Phone Number: (509)92 1 -1000 Phone Number:(509) 32.g -z`14+
Address: 11707 East Sprague Ave, Suite 106 Address: W1 W. NOrtA g;ver Drive. 5'1 -de 5-10
Spokane Valley, WA 99206 -5pok4m e, W f} 9YZO f
6. Applicable Laws and Standards. The parties, in the performance of this agreement, agree to
comply with all applicable Federal, State, local laws, ordinances, and regulations.
7. Relationship of the Parties. It is understood, agreed and declared that the Consultant shall be
an independent Consultant and not the agent or employee of the City, that the City is interested in only the
results to be achieved and that the right to control the particular manner, method and means in which the
services are performed is solely within the discretion of the Consultant. Any and all employees who provide
services to the City under this agreement shall be deemed employees solely of the Consultant. The Consultant
shall be solely responsible for the conduct and actions of all employees under this agreement and any liability
that may attach thereto.
S. Ownership of Documents. All drawings, plans, specifications, and othcrrelate d documents
prepared by the Consultant under this agreement are and shall be the property of the City.
9, Records. The City or State Auditor or piny of their representatives shall have full access to
and the right to examine during normal business hours all of the Consultant's records with respect to all
matters covered in this contract. 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 contract for a period of three years from the date final payment is made hereunder.
10. Insurance. During the term of the contract, the Consultant shall maintain in force at its own
expense, the following insurance:
A. Workers' Compensation insurance in compliance with R.CW 51.12.020, which
requires subject employers to provide workers' compensation coverage for all their subject workers and
Employer's Liability or Stop Gap Insurance in the amount of $1,000,000.00;
B. General Liability Insurance on an occurrence basis with a combined single limit of not
less than $1,000,000.00 each occurrence for bodily injury and property damage. It shall include contractual
liability coverage for the indemnity provided under this contract. It shall provide that the City, its officers,
employees and agents are additional insureds but only with respect to the Consultant's services to be provided
under the contract;
C. Automobile Liability insurance with a combined single limit, or the equivalent, or not
Agra ment for Profm3ional Services Page 2 of 4
as reasonable. Unless provided others;rise by statute, Consultant's attorney fees payable by the City shall not
exceed the total sum amount paid under this agreement.
18. Entire Agreement. This written agreement constitutes the entire and complete agreement
between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed,
modified or altered except in writing signed by the parties hereto.
19. Anti -kickback. No officer or employee of the City, having the power or duty to perform an
official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have
solicited, accepted or granttxi a present or future gift, favor, service or other thing of value from any person
with an interest in this Agreement.
20. Business Registration. Prior to commencement of work under this Agreement, Consultant
shall register with the City as a business.
21. Exhibits. Exhibits attached and incorporated into this agreement are:
[scope of services, insurance certificates]
IN WITNESS WHEREOF, the parties have executed this Agreement this /rio dayof Pec -e, -t e&4 ,
2003.
CITY OF SPOKANE VALLEY:
Taave Mercier � City Manager
Consultant: (_o n f" O ft Ery%2e.e.^s
Owner
Tax ID No.
AT'I'E APPROVED AS TO FORM:
q
Chris Bainbridge City Clerk Cary Dri• -ell City Attorney
Agreement for Professional Services Page 4 of 4
TE
ACORD. CER -T,. sCA`,- -' OF LIABILITY INSURA�, -`;E DA 112,�16l031
AF
PRODUCER
ACordia
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
520 Pike Street, 20th Floor
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Seattle, WA 98101
POLICY NUMBER
PH#206-701-5000
INSURERS AFFORDING COVERAGE
INSURED Coffman Engineers, Inc.
201 W North River DR, #510
INSURER A: Valley Forge Ins. CO.
INSURER B: Continental Casualty Co.
Spokane WA 99201-0000
INSURER C:
INSURER D:
INSURER E:
1
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF IMSURRNCF.
POLICY NUMBER
POLICY EFFECTIVE
A nDlYY
POLICY EXPIRATION
OATE(MMIDDLYYI
LIMITS
DA'rr THEREOF, THE ISSUING ENSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Attn: Christine, City Clerk
NOTICE TO THE CERTIFICATE HOLDER NAMED TO rKE LEFT, BUT FAILURE TO DO SO SHALL
11707 E. Sprague Ave., Ste 106
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
A
GENERAL LIABILITY
1082235578
1/3)103
1 !31104
EACH OCCURRENCE
1000000
FIRE DAMAGE (Any one fire)
1$ 300000
X CON.MERCIAI. GENERAL LIABILITY
UJ
1
CLAIMS MAGE I ^—OCCUR
MED EXT' (Ain are oe.9on)
8 5000
PERSONAL A ADV INJURY
1000000
X SLOP Gap
GENERRLAGGREGATE
„„
98 2000000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMNOP AGG
10 2000000
X POLICY j LOC
B
AUTOMOBILE LIABILITY
X ANY AUTO
1078606885
1/31103
1/31/04
COMOLNED SINGLE LWIT
(Ed accidenll
a 1000000
BODILY INJURY
(Per person)
a
ALL OWNED AUTOS
_ SCHEOULEO AUTOS
BODILY INJURY
(Per nociAnnU
a
X HIP.EO AUTOS
X NON -OWNED AUTOS
PROPERTY DAMAGE
P,
(Per 80669M)
GARAGE LIABILITY
.AUTO ONLY - EA ACCIDENT
OTHER THAN EA ACC
1 a
F I ANY AUTO
8
AUTO ONLY: AGG
EXCESS LIABILITY
_ACH OCCURRENCE
8
OCCUR EICLAIMSMADE
AGGREGATE
a
8
DEDUCTIBLE
a
RETENTION a
WORKERS COMPENSATION AND
\'!C STATU- 01'W
TORY LIM7T5 _E13 -
E.L. EACH ACCfOEM
8
EMPLOYERS' LIABILITY
E.L. DISEASE - EA EMPLOYEE
a
E_L_ DISEASE - POLICY LIMIT
S
EI
OTHER
AAN006121 304
11/30/03
11/30/04
Professional
$1,000,000 Per Claim
Liability
$1,000,000 Aggregate
DESCRIPTION OF OPE•RATIONSJLOCATIONSIVEHICLESJEXCLUSI0645 ADDED BY ENOORSEMEKTfSPECIAL PROVISIONS
THE CITY OF SPOKANE VALLEY IS ADDED AS AN ADDITIONAL INSURED FOR
GENERAL LIABILITY PER THE ATTACHED ENDORSEMEN'r G -17957-G (ED.01/011.
DJT
CERTIFICATE HOLDER A001-110NAL INSURED: INSURER LETTER:
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIUM POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Spokane Valley
DA'rr THEREOF, THE ISSUING ENSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Attn: Christine, City Clerk
NOTICE TO THE CERTIFICATE HOLDER NAMED TO rKE LEFT, BUT FAILURE TO DO SO SHALL
11707 E. Sprague Ave., Ste 106
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Spokane Valley, WA 99206
RkPREsraranvEs.
ACORD 25-S (7197)
11-41
O ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsementis),
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insureds), authorized representative or producer, and the certificate holder, not does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S 17197)
• 1
G -17957-G
CNA i (Ed. 01/01)
For All tho Commitmonu )mu Mahe'
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL
INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, .CLAIM OR SUIT. SEE PARAGRAPH
CA. OF THIS ENDORSEMENT FOR THESE DUTIES.
ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH
RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE
"PRODUCTS -COMPLETED OPERATIONS HAZARD". SEE PARAGRAPH B.3. OF THIS
ENDORSEMENT FOR THIS COVERAGE CHANGE.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED
ENDORSEMENT WITH LIMITED PRODUCTS -COMPLETED OPERATIONS
COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Name of Person or Organization:
SCHEDULE
Designated Project:
(Coverage under this endorsement Is not affected by an entry or lack of entry in the Schedule above.)
A. WHO IS AN INSURED (Section 10 is amended to
include as an insured any person or organization,
including any person or organization shown in the
schedule above, (called additional insured) whom you
are required to add as an additional insured on this
policy under a written contract or written agreement;
but the written contract or written agreement must be:
1. Currently in effect or becoming effective during the
term of this policy; and
2. Executed prior to the "bodily injury," "property
damage," or "personal and advertising injury".
B. The insurance provided to the additional insured is
limited as follows:
1. That person or organization is an additional
insured solely for liability due to your negligence
specifically resulting from "your work' for the
additional insured which is the subject of the
written contract or written agreement. No
coverage applies to liability resulting from the sole
negligence of the additional insured.
G -17957-G
(Ed. 01/01)
2. The Limits of Insurance applicable to the
additional insured are those specified In the
- written contract or written agreement or in the
Declarations of this policy, whichever is less.
These Limits of Insurance are inclusive of, and not
in addition to, the Limits of Insurance shown in the
Declarations.
3. The coverage provided to the additional insured
by this endorsement and paragraph f. of the
definition of "insured contract" under
DEFINITIONS (Section V) do not apply to "bodily
Injury* or "property damage' arising out of the
"products -completed operations hazard" unless
required by the written contract or written
agreement. When coverage does apply to "bodily
injury" or "property damage" arising out of the
"products -completed operations hazard" such
coverage will not apply beyond:
a. The period of time required by the written
contract or written agreement, or
Page 1 of 2
n
b. 5 years from the completion of "your work" on
the project which is the subject of the written
contract or written agreement,
whichever is less.
4. The insurance provided to the additional insured
does not apply to "bodily injury," "property
damage,' or "personal and advertising injury"
arising out of an architect's, engineer's, or
surveyor's rendering of or failure to render any
professional services including:
a. The preparing, approving, or failing 'to prepare
or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings and specifications; and
b. Supervisory, or inspection activities performed
as part of any related architectural or
engineering activities.
C. As respects the coverage provided under this
endorsement, SECTION IV — COMMERCIAL
GENERAL LIABILITY CONDITIONS are amended as
follows:
1. The following is added to the Duties In The Event
of Occurrence, Offense, Claim or Suit Condition:
e. An additional insured under this endorsement
will as soon as practicable:
G -17957-G
(Ed. 01/01)
'.� G -17957-G
(Ed. 01/01)
(1) Give written notice of an occurrence or an
offense to us which may result in a claim
or "suit" under this insurance;
(2) Tender the defense and indemnity of any
claim or "suit" to any other insurer which
also has insurance for a loss we cover
under this Coverage Part; and
(3) Agree to make available any other
insurance which the additional insured
has for a loss we cover under this
Coverage Part.
I. We have no duty to defend or indemnify an
additional insured under this endorsement
until we receive written notice of a claim or
"suit' from the additional insured.
2. Paragraph 4.b, of the Other Insurance Condition is
deleted and replaced with the following:
4. Other Insurance
b. Excess Insurance
This insurance is excess over any other
Insurance naming the additional insured
as an insured whether primary, excess,
contingent or on any other basis unless a
written contract or written agreement
specifically requires that this insurance be
either primary or primary and
noncontributing.
Page 2of2
ATTACHMENT "A"
PLAN CHECK LIST
SPECIFICATIONS CHECK
a. Check Specs for bid items. Are they coordinating with the drawings?
b. Check Specs for phasing of construction. Are the phases clear?
c. Compare architectural finish schedule to specification index. Ensure all finish materials
are specified.
d. Check major items of equipment and verify that they are coordinated with contract
drawings, Pay particular attention to horsepower ratings and voltage requirements.
e. Verify that items specified "as indicated" or "where indicated" are in fact indicated on
contract drawings.
f. Verify that cross-referenced specification sections exist.
g. Try not to indicate thickness of materials or quantities of materials in specifications.
PLAN CHECK STRUCTURAL
a. Verify column lines on structural and architectural.
b. Verify that all column locations are the same on structural and architectural.
c. Verify that perimeter slab on structural matches architectural.
d. Verify that all depressed or raised slabs are indicated.
e. Verify slab elevations against architectural,
f. Verify that all foundation piers are identified.
g. Verify that all foundation beams are identified.
h. Verify roof framing plan column lines and columns against foundation plan column lines
and columns.
i. Verify perimeter roof line against architectural roof plan.
j. Verify that all columns and beams are listed in column and beam schedules.
k. Verify length of all columns in column schedule.
I. Verify that all sections are properly labeled.
m. Verify all expansion joint locations against architectural.
n. Verify dimensions.
o. Verify that drawing notes do not conflict with specifications.
PLAN CHECK ARCHITECTURAL
a. Verify property line dimensions on site survey plan against architecture.
b. Verify that building is located behind setback lines.
c. Verify all concrete columns and walls against structural.
d. Verify on site plans that all existing and new work is clearly identified.
e. Verify building elevations against floor plans. Check in particular roof lines, window and
door openings, and expansion joints.
f. Verify building sections against elevations and plans. Check roof lines, windows, and
door locations.
g. Verify wall sections against architectural building sections and structural.
h. Verify masonry openings for windows and doors.
i. Verify expansion joints through building.
j. Verify partial floor plans against small scale floor plans.
k. Verify reflected ceiling plan against architectural floor plan to ensure no variance with
rooms. Check ceiling materials against finish schedule, check light fixture layout against
electrical, check ceiling diffusers/registers against mechanical, check all soffits and
locations of vents.
I. Verify all room finish schedule information including room numbers, names of rooms,
finishes, and ceiling heights. Look for omissions, duplications, and inconsistencies.
m. Verify all door schedule information including sizes, types, labels, etc. Look for
omissions, duplications, and inconsistencies.
n. Verify all rated walls.
o. Verify all cabinets will fit.
p. Verify dimensions.
PLAN CHECK MECHANICAL AND PLUMBING
a. Verify that all new electrical, gas, water, sewer, etc. lines connect to existing.
b. Verify all plumbing fixture locations against architectural. Verify all plumbing fixtures
against fixture schedule and/or specs.
c. Verify storm drain system against architectural roof plan. Verify that pipes are sized and
all drains are connected and do not interfere with foundations. Verify that wall chases are
provided on architectural to conceal vertical piping.
d. Verify that sanitary drain system pipes are sized and all fixtures are connected.
e. Verify HVAC floor plans against architectural.
f. Verify sprinkler heads in all rooms.
g. Verify that all sections are identical to architectural/structural.
h. Verify that adequate ceiling height exists at worst case duct intersection.
i. Verify that all structural supports required for mechanical equipment are indicated on
structural drawings.
j. Verify that dampers are indicated at smoke and fire walls.
k. Verify diffusers against architectural reflected ceiling plan.
I. Verify that all roof penetrations (ducts, fans, etc.) are indicated on roof plans.
m. Verify all ductwork is sized.
n. Verify all notes.
o. Verify all air conditioning units, heaters, and exhaust fans against architectural roof plans
and mechanical schedules.
p. Verify that all mechanical equipment will fit in spaces allocated.
PLAN CHECK ELECTRICAL
a. Verify that all plans are identical to architectural.
b. Verify all light fixtures against architectural reflected ceiling plan.
c. Verify that all major pieces of equipment have electrical connections.
d. Verify location of all panel boards and that they are indicated on the electrical riser
diagram.
e. Verify all notes.
f. Verify that there is sufficient space for all electrical panels to fit.
g. Verify that electrical panels are not recessed in fire walls.
h. Verify that electrical equipment locations are coordinated with site paving and grading.
ACOFFMAN
N G I N E E R S
Swcturd
December 12, 2003 M anird
U"iral
Civil
Mr. Shane Arlt {ane:i¢n
City of Spokane Valley
11707 E. Sprague, Suite 106 I'mpamand
Spokane Valley, WA 99206
(Gnstrueion
Subject: Centerplace at Mirabcau Point — Constructability Review kna;ement
Re: Proposal for Engineering/Architectural Services
Dear Shane,
It was a pleasure meeting with you, Neil, and Steve regarding the constructability review for the
Centerplace at Mirabcau Point. Per our conversation on Wednesday we propose to provide the
following services:
Scope of Work:
• Provide constructability review of architectural, structural, mechanical, and electrical
drawings and specifications. Civil, landscape, and fire protection documents will not be
reviewed in detail but generally for coordination.
• Check drawings and specifications for errors and omissions.
• Review coordination between disciplines.
• Review coordination between drawings and specifications.
• Review structural calculations.
• Review mechanical system design including duct routing, duct sizing, equipment sizing, pipe
Sizing.
• Review electrical design and verify accuracy of panel schedules.
The final deliverable will include a cover letter from each discipline summarizing the findings with
attached detailed comments organized in table format foreasy reference to the documents. The
objective is to verify the completeness of the documents, review the adequacy of the design, and to
help minimize change -orders due to errors, omissions, or unclear direction to the contractor. In the
event that significant issues arc identified, we will transmit such to you immediately in order to
expedite the required fix prior to bid.
20192. Borah Rber 0rirx Stir SIO Seattle. Washingso: Anrh=gt. AGsb 1tn AnSd!s, Ureunia
S;p pane, M Aingma 99201 206 623 0117 902 226 6M E 18 I8S 2650
509 3281994 • fat S09 328 2993
ww o4maarom
Mr. Shane Ark
City of Spokane Valley
December 12, 2003
Page 2
Here is a breakdown of the hours that are estimated for completion of the effort outlined above:
Task Hours
I . Project management, report compilation, and administrative
20
2. Architeewral review
60
3. Inter -discipline coordination
20
4. Structural review
60
5. Mechanical review
80
6. Electrical review
40
We propose to complete the above scope of work for a total lump sum of $22,400. We can complete
this work by January 16, 2004 with a notice to proceed no later than December 19, 2003. We are
currently reviewing the consultant contract and will request any clarifications to that contract by
Tuesday of next week.
Thank you for contacting us to assist you with this review. We are looking forward to working with
you to make this a successful project. Please feel free to contact me if you require any clarification of
this proposal.
Best regards,
David T. Ruff, P.E.
Principal