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16-055.00 AECOM: Comp Plan Update 54-73- AECOM AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN City of Spokane Valley AND AECOM TECHNICAL SERVICES,INC. THIS AGREEMENT ("Agreement") for Professional Services, (together with the attachments hereto) dated and effective as of 3/4/2016 (the "Effective Date"),is hereby made and entered into by and between City of Spokane Valley,(hereinafter"Client")having a place of business located at 11707 E.Sprague Ave.,Suite 106,Spokane Valley,WA 99206,and AECOM TECHNICAL SERVICES,INC,a California corporation(hereinafter "Consultant") having a place of business located at 111 SW Columbia, Suite 1500, Portland, Oregon 97201. Consultant and Client are each individually referred to as a"Party"and collectively as the"Parties". The Parties agree as follows: 1. WORK AUTHORIZATIONS 1.1 Consultant agrees to undertake and perform certain consulting and professional engineering services("Services")in accordance with the terms and conditions contained herein,as may be requested by Client from time to time.The Services to be performed,Consultant's compensation,and the schedule for performance for each task shall be described in one or more authorizations issued to Consultant by Client,the form of which is attached hereto as Attachment 1("Work Authorization").A Work Authorization shall be valid and binding upon the Parties only if accepted in writing by Client and Consultant.Each duly executed Work Authorization shall be subject to the terms and conditions of this Agreement,except to the extent expressly modified by the Work Authorization. 1.2 It is the expressed intent of the parties that this Agreement shall be made available to subsidiaries and affiliated companies of Consultant.For the purposes of this Agreement,as it applies to each Work Authorization,the term"Consultant"shall mean either Consultant as defined above or the subsidiary or affiliate of Consultant identified in the Work Authorization.The applicable Work Authorization shall clearly identify the legal name of the entity accepting the Work Authorization. 2. PAYMENTS FOR SERVICES 2.1 Unless otherwise stated in a Work Authorization,payment shall be on a time and materials basis under the Schedule of Fees and Charges in effect when the Services are performed.Client shall pay undisputed portions of each progress invoice within thirty(30)days of the date of the invoice. If payment is not received within thirty(30)days from the due date of such payment,Consultant may suspend further performance under one or more Work Authorizations until payments are current.Client shall notify AECOM of any disputed amount within fifteen(15)days from date of the invoice, give reasons for the objection,and promptly pay the undisputed amount.Client shall pay an additional charge of one percent(1%)per month or the maximum percentage allowed by law,whichever is the lesser,for any past due amount. In the event of a legal action for invoice amounts not paid, attorneys'fees,court costs,and other related expenses shall be paid to the prevailing party. 2.2 Client shall reimburse Consultant for all taxes,duties and levies such as Sales,Use,Value Added Taxes,Deemed Profits Taxes,and other similar taxes which are added to or deducted from the value of Consultant's Services. For the purpose of this Article such taxes shall not include taxes imposed on Consultant's net income,and employer or employee payroll taxes levied by any United States taxing authority,or the taxing authorities of the countries or any agency or subdivision thereof in which AECOM subsidiaries,affiliates,or divisions are permanently domiciled.It is agreed and understood that these net income,employer or employee payroll taxes are included in the unit prices or lump sum to be paid Consultant under the applicable Work Authorization. • 2.3 Where charges are"not to exceed"a specified sum,Consultant shall notify Client before such sum is exceeded and shall not continue to provide the Services beyond such sum unless Client authorizes an increase in the sum.If a"not to exceed"sum is broken down into budgets for specific tasks, the task budget may be exceeded without Client authorization as long as the total sum is not exceeded. Changes in conditions, including,without limitation,changes in laws or regulations occurring after the budget is established,or other circumstances beyond AECOM control,shall be a basis for equitable adjustments in the budget and schedule. 3. CONFIDENTIALITY 3.1 For a period commencing with the disclosure of any confidential information under this Agreement and/or a Work Authorization(s)and ending on the second anniversary such disclosure was first made, Consultant and Client each agree not to disclose to third parties, including also subcontractors and vendors(unless such subcontractors and vendors have a need to know and are bound to similar obligations of confidentiality),any information that is identified as confidential in writing on the materials made available to the other Party hereunder 4. WARRANTY 4.1 Consultant warrants that any consulting and professional engineering Services performed by it under a Work Authorization shall be performed in accordance with that degree of care and skill ordinarily exercised by members of Consultant's profession practicing at the same time in the same location.Consultant's sole liability to Client for any non-conforming Services shall be to re-perform the non-conforming or defective Services,written notice of which must be promptly given by Client to Consultant. Consultant's obligation for re-performance of non-conforming Services as set forth in the preceding sentence shall extend for a term commencing at the substantial completion of such Services under a Work Authorization and ending one year later. 4.2 THE WARRANTY SET FORTH IN THIS ARTICLE 4 IS EXCLUSIVE,AND IN LIEU OF ANY AND ALL OTHER WARRANTIES RELATING TO THE SERVICES,WHETHER STATUTORY,EXPRESS OR IMPLIED,AND CONSULTANT DISCLAIMS ANY SUCH 1 AZCOM OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY AND ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND/OR USAGE OF TRADE. ANY OTHER STATEMENTS OF FACT OR DESCRIPTIONS EXPRESSED IN THE AGREEMENT OR ANY WORK AUTHORIZATION SHALL NOT BE DEEMED TO CONSTITUTE A WARRANTY OF THE SERVICES OR ANY PART THEREOF. CONSULTANT'S REPERFORMANCE OF DEFECTIVE OR NON-CONFORMING SERVICES THROUGH THE ONE YEAR PERIOD PROVIDED FOR IN THIS ARTICLE 4 SHALL CONSTITUTE COMPLETE FULFILLMENT OF, AND CLIENT'S EXCLUSIVE REMEDY FOR, ALL THE LIABILITIES OR RESPONSIBILITIES OF CONSULTANT TO CLIENT FOR NON- CONFORMING OR DEFECTIVE SERVICES,WHETHER THE CLAIMS OF CLIENT ARE BASED ON DELAY,CONTRACT,TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, INDEMNITY, ERROR AND OMISSION OR ANY OTHER CAUSE WHATSOEVER. 5. WORK BY OTHERS 5.1 The performance by Consultant of Services under a Work Authorization shall not constitute an assumption by Consultant of the obligations of Client or its other contractors. Consultant shall not control or have charge of,and shall not be responsible for,construction means,methods,techniques, sequences,procedures of construction,health or safety programs,or precautions connected with the work of Client or its other contractors,and shall not manage,supervise,control or have charge of construction. Client shall require Consultant to be named as an additional insured along with Client on any liability insurance policies provided by Client's construction contractors.To the fullest extent permitted by law,Client shall defend Consultant against any claim,suit or proceeding asserted by one of its other contractors and indemnify,defend and save Consultant harmless from any and all actual or alleged claims and losses(including,without limitation,attorney's fees)sustained by such contractor in connection with the Services,regardless or whether or not any of the foregoing arose out of the negligent acts or omissions of Consultant. 6. INSURANCE 6.1 In the event Consultant performs Services under any Work Authorization in connection with a project for which Client or another party with which Client has contracted obtains all-risk or builder's risk property insurance,Client,as the case may be,shall name,or shall cause such other party to name,Consultant as an additional insured on such all risk or builder's risk property insurance.Client acknowledges that Consultant has an insurable interest in such all risk or builder's risk property insurance. 6.2 Consultant and Client each waive all rights of recovery and subrogation against each other with respect to a loss occurring to property of the other,to the extent that such waivers do not invalidate the property insurance of either. 6.3 Upon Client's written request, Consultant shall maintain during the performance of Services under a Work Authorization the following insurance coverage: a) Workers'Compensation for statutory limits in compliance with the applicable state and federal laws,and Employer's Liability with a limit of $1,000,000; b) Commercial General Liability including Products and Completed Operations,Contractual Liability and Broad Form Property and Personal Injury Liability with a combined single limit of$1,000,000 per occurrence and in the aggregate; c) Automobile Liability Insurance with a combined single limit of$1,000,000 for bodily injury and property damage with respect to vehicles either owned,non-owned,and leased by Consultant in the performance of Services under the Agreement. d) Professional Liability Insurance in the amount of$1,000,000 per claim and in the aggregate. 6.4 If requested,Client and Consultant shall each furnish to the other duly executed certificates of insurance,indicating that policies with respect to the aforementioned insurance have been issued and that such policies contain provisions regarding prior notification of cancellation. 7. INDEMNITY 7.1 Each Party shall indemnify,defend and save the other Party,its officers,directors,employees and affiliates harmless from any loss,cost or expense claimed by third parties,excluding employees of either Party,for property damage and/or bodily injury,including death,to the proportionate extent such loss,cost or expense arises from the negligence or willful misconduct of the indemnifying Party,its employees or affiliates in connection with the Services. 7.2 Notwithstanding any other provision contained elsewhere in this Agreement to the contrary and to the fullest extent permitted by law,Client shall be liable for and indemnify,defend and save Consultant,its officers,directors,employees and affiliates harmless from and against any and all actual or alleged claims, damages (including incidental, consequential, indirect and special damages), losses, and expenses (including, without limitation,all penalties,attorney's fees,fines and administrative or civil sanctions arising out of or related to such claim)(collectively"Losses")arising out of:(I)economic loss suffered by third parties;and/or(2)investment decisions of Client or third parties in reliance upon the results of the Services, regardless of whether or not any of the foregoing arose out of the negligent acts or omissions of Consultant. 7.3 The indemnity and save harmless obligations of Consultant and Client under this Article 7 shall not apply with respect to any Hazardous Material,as Consultant's and Client's rights and obligations with respect thereto are set forth in Article 10. 8. WAIVER OF CONSEQUENTIAL DAMAGES 8.1 Notwithstanding any other provision to the contrary in this Agreement or a Work Authorization and to the fullest extent permitted by law,neither Client nor Consultant shall be liable,whether based on contract,tort,negligence,strict liability,warranty,indemnity,error and omission or any other 2 AECOM cause whatsoever,for any consequential,special,incidental,indirect,punitive or exemplary damages,or damages arising from or in connection with loss of power,loss of use,loss of revenue or profit(actual or anticipated),loss by reason of shutdown or non-operation,increased cost of construction, cost of capital,cost of replacement power or customer claims,and Consultant hereby releases Client and Client hereby releases Consultant from any such liability. 9. LIMITATION OF LIABILITY 9.1 Notwithstanding any other provision to the contrary in this Agreement or a Work Authorization and to the fullest extent permitted by law,in no event shall the total cumulative aggregate liability of Consultant, its subconsultants,and their respective partners,officers,directors,shareholders, employees, and agents(referred to collectively in this Article as"Consultant")to Client resulting from, arising out of or in connection with the performance or nonperformance of any or all Services or other obligations under a Work Authorization,exceed$250,000 or ten percent(10%)of the compensation paid Consultant pursuant to such Work Authorization,whichever is greater,or extend beyond the expiration of the warranty period under Article 4 for the Services performed under the Work Authorization,regardless of the legal theory under which such liability is imposed. The remedies stated in the Agreement are Client's sole and exclusive remedies for any failure by Consultant to comply with obligations to Client,and Client hereby irrevocably waives any right to assert a claim against Consultant based on a legal theory that a remedy provided herein fails of its essential purpose. 10. HAZARDOUS MATERIAL 10.1 Nothing in this Agreement shall be construed or interpreted as requiring Consultant to assume the status of,and Client acknowledges that Consultant does not act in the capacity nor assume the status of, Client or others as a"generator,""operator,""transporter,"or"arranger"in the treatment,storage,disposal,or transportation of any hazardous substance or waste as those terms are understood within the meaning of the Resource Conservation and Recovery Act(RCRA),Comprehensive Environmental Response,Compensation and Liability Act(CERCLA),or any other similar federal,state,or local law,regulation,or ordinance. Client acknowledges further that Consultant has played no part in and assumes no responsibility for generation or creation of any hazardous waste,pollution condition,nuisance,or chemical or industrial disposal problem,if any,which may exist at any site that may be the subject matter of any Work Authorization. 10.2 It is acknowledged by both parties that the Services do not include services related to regulated substances,pollutants,or hazardous or toxic wastes("Hazardous Material"). In the event Consultant or any other party encounters undisclosed Hazardous Materials,Consultant shall notify Client and,to the extent required by law or regulation,the appropriate governmental officials,and Consultant may,at its option and without liability for delay,consequential or any other damages to Client,suspend performance of Services on that portion of the project affected by Hazardous Material until Client:(i)retains appropriate specialist consultant(s)or contractor(s)to identify and,as appropriate,abate,remediate,or remove the Hazardous material;and(ii)warrants that the project site is in full compliance with all applicable laws and regulations. Notwithstanding any other provision to the contrary in this Agreement or a Work Authorization and to the fullest extent permitted by law,Client shall indemnify,defend and save Consultant and its affiliates,subconsultants,agents,and suppliers of any tier,and any and all employees,officers,directors of any of the foregoing,if any,from and against any and all Losses which arise out of the performance of the Services and relating to the regulation and/or protection of the environment, including,without limitation,Losses incurred in connection with characterization,handling,transportation,storage,removal,remediation,disturbance or disposal of Hazardous Material,whether above or below ground and not brought to a Client site or other proposed project site by Consultant in the performance of the Services without Client's approval. 11. CHANGES 11.1 The Parties may from time to time by mutual agreement seek to modify, extend or enlarge the Services under a Work Authorization ("Modification"). In the event the Parties agree to a Modification to add additional Services, or to make other modifications to the Services, Consultant's compensation,the schedule and any other relevant terms and conditions of the applicable Work Authorization shall be equitably adjusted prior to performance of such Services. 12. OWNERSHIP OF DOCUMENTS 12.1 All drawings,plans,specifications,and other related documents prepared by the Consultant under this Agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. The written, graphic, mapped, photographic,or visual documents prepared by Consultant under this Agreement shall,unless otherwise provided,be deemed the property of the City. The City shall be permitted to retain these documents,including reproducible camera-ready originals of reports,reproduction quality mylars of maps, and copies in the form of computer files,for the City's use. The City shall have unrestricted authority to publish,disclose,distribute and otherwise use, in whole or in part,any reports,data,drawings,images or other material prepared under this Agreement,provided that the Consultant shall have no liability for the use of the Consultant's work product outside of the scope of its intended purpose. 13. TERMINATION/SUSPENSION 13.1 Client may terminate all or any portion of the Services under one or more Work Authorizations for convenience,at its option,by sending a written notice to Consultant. Either party can terminate this Agreement or a Work Authorization for cause if the other commits a material,uncured breach of this Agreement or becomes insolvent.Termination for cause shall be effective twenty(20)days after receipt of a notice of termination,unless a later date is specified in the notice.The notice of termination for cause shall contain specific reasons for termination and both parties shall cooperate in good faith to cure the causes for termination stated in the notice. Termination shall not be effective if reasonable action to cure the breach has been taken before the effective date of the termination. Client shall pay Consultant upon invoice for Services performed and charges incurred prior to termination, plus reasonable termination charges. Any suspension of Services by Client shall result in an equitable adjustment to Consultant's compensation,time for performance,or any of its other obligations under a Work Authorization. 3 AECOM 14. FORCE MAJEURE 14.1 Any delay or failure of Consultant in performing its required obligations hereunder shall be excused if and to the extent such delay or failure is caused by a Force Majeure Event. A"Force Majeure Event"means an event due to any cause or causes beyond the reasonable control of Consultant and shall include,but not be limited to,acts of God,strike,labor dispute fire,storm,flood,windstorm,unusually severe weather,sabotage,embargo, terrorism,energy shortage,accidents or delay in transportation,accidents in the handling and rigging of heavy equipment,explosion,riot,war,court injunction or order, delays by acts or orders of any governmental body or changes in laws or government regulations or the interpretations or application thereof or the acts or omissions of the Client or its other contractors,vendors or suppliers. In the event of a Force Majeure Event, Consultant shall receive an equitable adjustment extending Consultant's time for performance for such Services sufficient to overcome the effects of any delay,and an increase(s)to Consultant's compensation sufficient to account for any increased cost in performance or loss or damage suffered by Consultant. 15. RESPONSIBILITIES OF CLIENT 15.1 Without limiting any express or implied obligations of Client under applicable law, Client shall: (1)provide Consultant, in writing, all information relating to Client's requirements for the project;(2)correctly identify to Consultant the location of subsurface structures,such as pipes, tanks,cables,and utilities;(3)notify Consultant of any potential hazardous substances or other health and safety hazard or condition known to Client existing on or near the project site; (4) give Consultant prompt written notice of any suspected deficiency in the Services; (5)with reasonable promptness,provide required approvals and decisions;and(6)furnish or cause to be furnished to Consultant full,unrestricted and legal access to,and use of,the site and all necessary rights of way and easements,in order to perform the Services. In the event Consultant is requested by Client or is required by subpoena to produce documents or give testimony in any action or proceeding to which Client is a party and Consultant is not a party, Client shall pay Consultant for any time and expenses required in connection therewith,including reasonable attorney's fees. 15.2 Consultant may rely upon and use in the performance of any Services information supplied to it by Client without independent verification and Consultant shall not be responsible for defects in its Services attributable to its reliance upon or use of such information. • 16. TERM 16.1 Unless otherwise specified,the term of this Agreement shall run from the Effective Date until Consultant has completed the Services and received all payments due under the Agreement. 17. GENERAL 17.1 Client and Consultant each represent and warrant that this Agreement has been duly authorized,executed and delivered and constitutes its binding agreement enforceable against it. This Agreement and any executed Work Authorizations supersede all prior written and/or oral contracts and agreements that may have been made or entered into between Client and Consultant regarding the subject matter hereof,including but not limited to any and all proposals, oral or written,and all communications between the Parties relating to this Agreement or any Work Authorization(s),and constitute the entire agreement between the Parties hereto with respect to the subject matter hereof. 17.2 This Agreement and Work Authorization(s)may not be assigned by Consultant or Client in any way,including by operation of law,unless otherwise mutually agreed to in writing,any such attempted non-authorized assignment shall be null and void and of no force or effect. 17.3 Any cost opinions or estimates provided by Consultant will be on a basis of experience and judgment,but since Consultant has no control over market conditions or bidding procedures,Consultant cannot and does not warrant that bids,ultimate construction cost,or project economics will not vary from such opinions or estimates. Neither this Agreement nor any of the Services provided hereunder shall constitute or provide for, and Consultant shall not be considered to have rendered,any legal or financial opinion(s)regarding the feasibility of this project or any other or regarding any other matter. Unless otherwise expressly included in a Work Authorization,Consultant shall under no circumstances provide as part of the Services a consent,opinion or similar document,or act as a qualified person or expert,in connection with any filing by Client with the United States Securities and Exchange Commission,or similar non-United States agency,authority or commission. 17.4 Notices shall be effective hereunder as follows only if in writing and addressed to the authorized representative designated in applicable Work Authorizations:(1)upon delivery,if delivered personally to the person;(2)upon transmission,if transmitted to the facsimile number of the person;and (3)upon posting,if by first class or overnight mail(postage prepaid). 17.5 All contract issues and matters of law will be adjudicated in accordance with the laws of the state where the project is located,excluding any provisions or principles thereof which would require the application of the laws of a different jurisdiction;provided,however that if the project is located outside the United States,the laws of the State of Oregon shall govern.Venue for any litigation shall be any state court or United States District Court having jurisdiction over the parties and subject matter. 17.6 The terms and conditions of this Agreement shall prevail,notwithstanding any variance with any purchase order or other written instrument submitted by Client whether formally rejected by Consultant or not. This Agreement may be modified only by amendment when signed by each Party. In the event that any one or more of the provisions of this Agreement shall be found to be illegal or unenforceable,the remaining provisions of this Agreement shall remain in full force and effect,and such term or provision shall be deemed stricken to the extent and in the jurisdictions necessary for compliance with applicable law. 4 Ar.-COM 17.7 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Client or Consultant. 17.8 The headings in this Agreement are for convenience only,and shall not affect the interpretation hereof. The terms"hereof',"herein,""hereto" and similar words refer to the entire Agreement and not to any particular Article, Section, Attachment, Exhibit or any other subdivision of this Agreement. References to"day"or"days"shall mean calendar days unless specified otherwise. 17.9 The provisions of this Agreement which by their nature are intended to survive the termination,cancellation,completion,or expiration of the Agreement,including,but not limited to,indemnities and any expressed limitations of or releases from liability,shall continue as valid and enforceable obligations of the parties notwithstanding any such termination,cancellation,completion,or expiration. 17.10 It is understood and agreed that any delay,waiver or omission by Consultant or Client to exercise any right or power arising from any breach or default by Client or Consultant in any of the terms,provisions or covenants of this Agreement or any Work Authorization shall not be construed to be a waiver by Consultant or Client of any subsequent breach or default of the same or other terms,provisions or covenants on the part of Consultant or Client. IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be duly executed by their duly authorized representatives,effective as of the day and year first above mentioned. City of Spokane Valley,Washingto.• By: Al UI t = A , I1, 1 (Signature) Name: / " ,a-K Ck(kotk1/4 (Printed) Tide: Ad ) AECOM TECHNICAL SERVICES,INC. By: (Signature) Name: Ltt t!�� c.� t L (Printed) Title: v L St 5 AECOMAECOM 503 222 7200 tel 111 SW Columbia Street 503 222 4292 fax Suite 1500 Portland,OR 97201 www.aecom.com Attachment 1 WORK AUTHORIZATION No. 1 Review of Natural Environment Element of Comprehensive Plan and Development of Draft Critical Areas Regulations for the City of Spokane Valley March 1, 2016 Per our conversation, I have developed this brief proposal to assist with your larger comprehensive plan updates and draft Spokane Valley Municipal Code(SVMC)Critical Areas development regulations (SVMC 21.40). This proposal amends the larger Van Ness Feldman (VNF) proposal that you are currently reviewing.As such, task numbers below conform to the VNF scope of work. These tasks are specific to natural area planning and regulation support. Task 2: Draft and Final Comprehensive Plan Elements We understand that the City of Spokane Valley is updating its Comprehensive Plan pursuant to the Washington State Growth Management Act(GMA), governed by RCW 36.70A; and that the Comprehensive Plan is the City's official statement concerning its vision for future growth and development. The Plan comprises several individual elements. Under this scope of work,AECOM will review and update, as needed, the Natural Environment Element of the Comp Plan. AECOM will review the current draft of the Natural Environment Element and provide edits to ensure that the plan conforms to best available science regarding protection of natural areas. This task allows for time to review, research, and update the Natural Environment Element. Task 4: Draft SVMC Critical Areas Regulations AECOM (formerly URS)was involved in the development of updated critical areas regulations for the City's recent Shoreline Master Program (SMP) Update. Under this task, AECOM will prepare updated SVMC critical areas regulations using the SMP critical regulations as a template. Because the Growth Management Act(GMA) and the Shoreline Management Act(SMA)operate under different sections of the Washington Administrative Code,AECOM will update the SMP Critical Areas regulations to conform with GMA standardsper WAC 365-196-610. Updates will include a review of best available science and edits to ensure the regulations will conform to WAC 365- 195. Delilverables • Draft, Revised Draft, and Final edits to the Natural Element Section of the Comprehensive Plan update • Draft, Revised Draft, and Final edits to the SVMC Critical Areas Regulation updates Cost Assumptions The following assumptions were made to help estimate costs. If these assumptions are incorrect, additional compensation may be necessary to complete this scope of work. • AECOM will provide a draft, revised, and final version of the deliverable for each task(up to three drafts total for each task) • The City will handle code reference consistency review and formatting • No travel will be required AECOM • No field inventories will be required; all natural resource data necessary to complete an update is available. • This scope of work is limited to support for the Natural Element of the Comprehensive Plan and the draft Critical Areas regulations in the City's Development Code. Review of other portions of the Comp. Plan or Development Code regulations, mapping support, or support with State Environmental Policy Act compliance is beyond this scope of work. • This cost estimate assumes that the critical areas regulations developed for the Shoreline Master Program update can be revised and used for the City's updated Critical Areas Ordinance with updates to reflect differences between the GMA and SMA and a review of current best available science; but without substantial updates to the general text. Cost Estimate Estimated costs for this scope of work will not exceed $15,200 without prior written approval from the City. ' AECOM Labor• - • DOCUMENTS REQUIRING THIRD-PARTY NOTIFICATION PRIOR TO PUBLIC DISCLOSURE This has been inserted in place of the chart entitled "Cost Estimate" of a contract document which sets forth the rates charged by the contracting entity. Pursuant to the Washington Public Records Act (RCW 42.56), the City has determined that this record may be available for disclosure upon request for review by a third party. However, pursuant to RCW 42.56.520 and RCW 42.56.540, the City has determined it is appropriate to provide the contracting entity notification of any request for this record to allow them time to determine if they wish to seek to obtain a court order requiring the record to be withheld. Please contact the City Public Records Officer at (509) 921-1000 or visit our website at www.spokanevalley.org to complete a Public Record Request to receive a copy of this record. Schedule Based on our conversation, the estimated schedule for the submittal of deliverables associated with this scope of work is as follows, assuming a contract is signed and in place by the end of February 2016: 2 AEI COM • Preliminary draft edits to Natural Element of Comp. Plan: April 29, 2016 • Preliminary draft Critical Areas Regulations: May 13, 2016 • Revised draft edits to Natural Element of Comp. Plan: May 27, 2016 • Revised draft Critical Areas Regulations: June 17, 2016 • Final edits to Natural Element of Comp. Plan: June 30, 2016 • Final text for Critical Areas Regulations: July 22, 2016 AUTHORIZATION Fees will be charged on a Time and Materials basis per the terms and conditions of the Agreement for Professional Services contract signed between the City and AECOM Technical Service, effective March 4, 2016. Please call Noah Herlocker at 503-478-2768 if you have any questions or would like to discuss this scope of work. . Thank, you, AECOM ii041(454(//t- Noah Herlocker, PWS Wetland Ecologist Noah.Herlocker(a�aecom.com 3 .a►`�omaDATE(MM/DD/YYYY) -uuII, ® CERTIFICATE OF LIABILITY INSURANCE 1/1/2017 3/8/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Lockton Insurance Brokers,LLC NAME: 725 S.Figueroa Street,35th Fl. PHONE FAX (NC. CA License#0F15767 E-MAILo Ext). (A/C,No): Los Angeles CA 90017 ADDRESS: (213)689-0065 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:*** SEE ATTACHMENT INSURED AECOM INSURER B: 1389302 AECOM Technical Services,Inc. INSURER C: URS Corporation INSURER D: 1 l l SW Columbia,Ste. 1500 INSURER E Portland OR 97201-5850 INSURER F: COVERAGES AECTE01 CERTIFICATE NUMBER: 13946466 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX DAMAGE TO CLAIMS-MADE OCCUR PREMISES(Ea occcurrence) $ XXXXXXX MED EXP(Any one person) $ XXXXXXX PERSONAL&ADV INJURY $ XXXXXXX GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX POLICY PRO PRODUCTS-COMP/OP AGG $ XXXXXXX PRO-JECT LOC OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ (Ea accident) XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXXXXXX ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ XXXXXXX HIRED AUTOS AUTOS (Per accident) $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION A AND EMPLOYERS'LIABILITY Y/N N SEE ATTACHED ACORD 101 1/1/2016 1/1/2017 X PER STATUTE ER OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE n N/A E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Notice of Cancellation applies per attached endorsement. CERTIFICATE HOLDER CANCELLATION See Attachments 13946466 City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Lori Barlow,Senior Planner THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 E.Sprague Ave.,Ste. 106 ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley WA 99206 AUTHORIZED REPR •000/040 - "..- ©1 88-201 C D CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ACORD 101 Policy# Issuing Company State(s)Covered 0910710 National Union Fire Insurance Company of Pittsburgh,PA-NAIC#19445 OH 014268016 The Insurance Company of the State of Pennsylvania-NAIC#19429 FL 014268017 The Insurance Company of the State of Pennsylvania-NAIC#19429 ME 014268019 The Insurance Company of the State of Pennsylvania-NAIC#19429 IL,KY 014268020 The Insurance Company of the State of Pennsylvania-NAIC#19429 NV 014268021 The Insurance Company of the State of Pennsylvania-NAIC#19429 CO 014268022 The Insurance Company of the State of Pennsylvania-NAIC#19429 NJ,PA 014268023 The Insurance Company of the State of Pennsylvania-NAIC#19429 MA,ND,OH,WA,WI,WY 014268024 The Insurance Company of the State of Pennsylvania-NAIC#19429 CA 014268025 The Insurance Company of the State of Pennsylvania-NAIC#19429 IL,KY,NC,NH,UT,VT 014268026 The Insurance Company of the State of Pennsylvania-NAIC#19429 AL,AR,CO,CT,DC,DE,GA,HI,IA,ID,IN,KS,LA,MD,MI,MN,MO,MS, MT,NE,NM,NV,NY,OK,OR,RI,SC,SD,TN,TX,WV 014268027 The Insurance Company of the State of Pennsylvania-NAIC#19429 AK,AZ,VA 014268028 The Insurance Company of the State of Pennsylvania-NAIC#19429 NY 014268018 The Insurance Company of the State of Pennsylvania-NAIC#19429 IL,WA 014268029 The Insurance Company of the State of Pennsylvania-NAIC#19429 CO,ID,NM,SC,TN 014268030 The Insurance Company of the State of Pennsylvania-NAIC#19429 TX Miscellaneous Attachment:M503712 Master ID: 1389302,Certificate ID: 13946466 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement,effective 12:01 AM 1/1/2016 forms a part of Policy SEE ATTACHED ACORD 101 No. Issued to AECOM AECOM Technical Services, Inc. URS Corporation By The Insurance Company of the State of Pennsylvania LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS'COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1.the cancellation effective date is prior to this policy's expiration date; 2.the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder(s)when this policy is canceled(hereinafter,the"Certificate Holder(s)")and the Named Insured has provided the Insurer,either directly or through its broker of record,either: (a)the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b)the email address of a contact at each such entity;and 3. prior to the effective date of cancellation,the Named Insured confirms to the Insurer,either directly or through its broker of record,that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed,should continue to be a part of the Schedule and, if not,the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation(the"Advice")to each such Certificate Holder(s)confirmed by the Named Insured in writing to be correctly a part of the Schedule within 30 days after the Named Insured confirms the accuracy of the Schedule below with the Insurer; provided, however,that if a specific number of days is not stated above,then the Advice will be provided to such Certificate Holder(s)as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice, using the information provided and subsequently confirmed by the Named Insured in writing,will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 (Ed.04/11) Attachment Code:D503695 Master ID: 1389302,Certificate ID: 13946466 A`CPR E)® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/08/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh Risk&Insurance Services NAME: E FAX CA License#0437153 INC.No.Ext): (A/C,No): 777 South Figueroa Street E-MAIL Los Angeles,CA 90017 ADDRESS: Attn:LosAngeles.CertRequest@Marsh.Com INSURER(S)AFFORDING COVERAGE NAIC# 06510-exp--15-16 Portia GLALP 03 2017 INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:N/A N/A AECOM AECOM Technical Services,Inc. INSURER c:Illinois Union Insurance Co 27960 111 SW Columbia Street,Suite 1500 INSURER D: Portland,OR 97201-5841 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-001995133-01 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY GLO 5965891 07 04/01/2015 04/01/2016 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE NTED PREMISES O(EaEoccurrrence) $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 X POLICY P - JECROT LOC PRODUCTS-COMP/OPAGG $ 1,000,000_ OTHER: $ A AUTOMOBILE LIABILITY BAP 596589307 04/01/2015 04/01/2016 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y�/N STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE I I N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C ARCHITECTS&ENG. EON G21654693 10/08/2014 04/01/2016 Per Claim/Agg $1,000,000 PROFESSIONAL LIAB. """CLAIMS MADE""" Defense Included DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Waiver of Subrogation is applicable where required by written contract with respect to GL and AL.Contractual Liability is included in the General Liability coverage. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attention:Lori Barlow,Senior Planner THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 E.Sprague Avenue,Suite 106 ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE of Marsh Risk&Insurance Services James L.Vogel .. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD