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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 1 � 1 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. 2of10 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." 3of10 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. 4 of 10 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. 5of10 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. 6 of 10 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). 7 of 10 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 8of10 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. 9of10 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. 10 of 10 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. 10 of 10 • R��• 55i 7e �� a h� iaeo 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