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09-136.00 URS Corporation: Shoreline Master Program ! AGREEMENT FOR PROFESSIONAL SERVICES URS Corporation THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and URS Corporation herei.nafter "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 the attached Scope of Services. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the Ciiy Manager or designee to review the Scope of Work, schedule and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work and promptly cure any failure in performance under this agreement. B. Rearesentations. 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 perform the work and is familiar with a11 current laws, rules and regulations which reasonably relate to the Scope of Services. No substitutions of agreed upon 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 without additional compensation except to the extent such action is directly ariributable to deficiencies in City fumished 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 betwe,en the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the City without additional compensation. 2. T'erm of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met. Either party may terminate tllis Agreement by ten (10) days written notice to the other party. Ia the event of such termination, tlle City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. ComDeosation. The City agrees to pay the Consultant $140,000 as full compensation for everything done under this Agreement. 4. Pavment. The Consultant shall be paid monthly upon presentation of an invoice to the City. 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-determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City Standards, City Agreement for Professional Services Page 1 of 4 Go 9 - 13~ ordinances and federal or state standards. 5. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name: David Enos, Vice President - URS Corp. Phone Number: (509)921-1000 Phone Number: (509) 9284413 Address: 11707 East Sprague Ave, Suite 106 Address: 920 N. Argonne Road, Suite 300 Spokane Valley, WA 99206 Spokane Valley, WA 99206 6. AaQlicable 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. RelationshiQ 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 tlle results to be achieved, and that the riglit 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 Ciiy 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. 8. Ownership of Documents. All drawings, plans, specifications, and other relafied documents prepared by tlle 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. Any reuse or modification of Consultant's work product by City without Consultant's permission shall be at City's sole risk. 9. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal busiaess 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. Consultant shall procure and maintain for the duration of the Agreement insurmice against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Consultant shall obtain insurance of the iypes described below: A. Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Tnsurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. Tf necessary, the policy shall be endorsed to provide contractual liability coverage. ' The automobile liability policy shall have a minimum combined single li.mit for bodily injury and property damage of $1,000,000 per accident Agreement for Professional Services Page 2 of 4 B. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to tlle work performed for the City. The commercial general liability insurance policy sball be written with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate limit. C. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington, as applicable to this agreement. D. Professional Liabilitv insurance appropriate to the Consultant's profession, with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability, and commercial general liability insurance: A. The Consultant's insurance coverage shall be primary insurance as respect the City, except professional liability and worker's compensation. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. B. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either parly, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City, except for ten (10) days notice for cancellation due to non- payment of premium. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily li.mited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of work. l 1. Indemnification and Hold Harmless. Each party shall indemnify and hold the other, its officers, employees, agents and volunteers harmless from and against any and all claims, demands, orders, decrees or judgments for injurics, death or damage to any person or property to the extent arising or resulting from any negligent act or omission on the part of said party or its agents, employees or volunteers in the performance of this Agreement. 12. Waiver. No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions ofthis agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this agreement or any part thereof. 13. Assignment and Deleeation. Neither party shall assign, transfer or delegate any or all of the responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent of the other parly. 14. Subcontracts. Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of the City. Agreement for Professional Services Page 3 of 4 15. Confidentialitv. Consultant may from time to ti.me receive information which is deemed by the City to be confidential. Consultant shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction. 16. Jurisdiction and Venue. This Contract is entered into in Spokane County, Washington. Venue shall be in Spokane County, Sta.te of Washington. 17. Cost and Attornev's Fees. In the event a lawsuit is brought with respect to this Agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute, Consultant's attorney fees payable by the City shall not exceed the total sum amount paid under this agreement. 18. Entire Aereement. 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 granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 20. Business ReLyistration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business. 21. Severabilitv, If aay section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or ptv-ase of this Agreement. 22. Exhi6its. Exhibits attached and incorporated into this agreement are: 1. Scope of Services 2. Insurance Certificates IN WITNESS VVHEREOF, the parties have executed this Agreement this L44, _ aay of aiz--C,1X4 , 2009. U 7 OKANE VALLEY: Consultant: ~ . David Merc'er, City Manager Owner Tax ID No. APP~OVE 1 FORZVi: ~ istine Bainbridge, City Clerk . Office of~e City A~rney Agreement for Professional Services Page 4 of 4 Exhibit 1 City of Spokane Valley Shvreline N1aster Prvgram Update Scope of Services 1"he FallouFing work tasks arc made a part of the Agreemenk fof Frofessianal Services for 6e City of Spokane Valley (City) Sh~~cbne Master Progratu Update (SM.?). 1"hese work tasks generaUy conforr► tc► the requiremeftts needed to assisi the City ko prepare an update(t SW. Additional wozk, not specifcally identified in thcsc work tasks, may be tieeded ta prepare, docume,nt, and acquire the netessary lcacal atid state approvals for the City's SiVD update. Task 1Inventoryr and Map 5horeline Conditions 7'his task will result in an inventory of the City's sho-relines using available information and results ftom a field itxventozy. Pr~nary av-Aable data sources iuclude recetit worh- done 6y the City of Spokane for theit SM1' update, Spokanc County Con.se.rvation I7istrict, Washington Deps-rtment of Fish assd Wildlife (WDFV/), Washington Departmetit of Natural Resources {DNR}, and Avista, lYhe Following subtasks arc to bc pcrforrned by URS Corpinration (LJRS) (Consultant)- 1.1 Complete aQuality.Assurance P.rajecc P.lan (QAPP) fot the pxelject, ne QAi?P w-ill 6e prepared, consisteit with Ecology's Guudeltnes and 5pecificaiions fot Pieparitig Qualiq= Assuranee Project Plans for Enviranmental Studies (Eccalogy PuUlication No. 91-1 G). T'he QAPP wi.ll be sper-if c to envirohrriental data measu.tetne.rit coLlection and Nwll refcrence T'echnical. Guiclanre for ,Assessing the Quality of Aquatic Eavitonments (Ecca.lagy PubEcati.on No. 91-78) as applicabXe. Th~ QAPP will be used to 1} detem-iirre the adcquacy of previously collcctcd data, and 2) deine thc data quality abjectivcs atid meihodology on data generated du.ang the course of tus Cfty SMP project. 1.2 I.acate and asscmble rclc:vant local a.rid oth~-r data saurces that patentiAy eontain inforrnatican rel,ated to City shoateLities -includuig ae,ria,l, photogtapbs, GIS layets, habitat, geology/hydrogeology, cnviranment, land usc, a.rchaeological/culnural resource data, Spakat1e Coutity Conservatioii District shorelines data, etc, L]RS Nvill, contact potc,ntial LTstr Groups ta collect addition-al relevarst information. URS will review aiad catego,ciZe the data. 1.3 Atxalyze usable data thatwill include evaluatixzg qualiqf assurance and quality control (QA/QC) and detersnine data gaps. UK.S "A,~l pr.ovide the City and 1--capogy with a rnenorandum that lists usable data, unusable data, and data saurccs and desc,tiptions, aad p.resents caut: opin.ion of data gaps and pxaposed app-toach to fi11 data gaps. 1.4 A .tnec#ing °ith the City and F-co9ngy uFill be held to re-view the data inventory, identi~f missing informatian, and ta dcvelap a Fie.ld work plan. Tku,s inlfo.txxxaiion will also be sent tn the Tec:hnical Rcview Group. It is arxricipated, that t$e Techn_ica1 Review Group xxill consist of fcderal, state, and lacal land use agencies and lacal utilities. The 1 echritcal Review Gtoup wi_ll 6e used to review relevant technieal inforsnation. Wc anticipate that Qu.r Propect 1!vf.anagtt and Inventozy lead wi.u participatc irY the rneeting. 1.5 Dcvelap afield work plan tu be submitted to the Citp and EcolagyF prior to cotaduetifig field work. 1.6 Coardiriate GTS mapping and d.atabases Nvith the Cit-y°s Plantn g- Division. 1 1.7 Compl.ete Fiel,d xeconnaissance acttvities to f~ll data gaps. It is a.titicipated that the Ordinary High Water Mark (dHlw -wi.ll lae estimated from availaUle aerial photagraphy and Ee1d reconnaissance. Field reconnaissance will add in£armation ta the GI5 map bnaks (5ee 5ubtask 1.9) as it is collected. Global Posidoning Spskerris (CPS) will be used whexe approptiate. UR.S has allocated fot twa weeks of Eel,d work. -ne colleczed data wil,l be incorporated into "the pxvjeet-rnagping. 1.8 Prepare "Shoreline Charactcri~atian Reach Sutnriiary Ta61es" frorn thc GTS databases. (See su'6task 1.11.) The follnlxring subtasks are to ~~~forrned by the Gity uritk► assistance from URS. 7.9 The Citv vn'll create functional mat) tiles and averview maras f,or the shr,r.cline azeas. T.1hS will carrivile the rriap tiles iuto ma-o books for field nersnnt~el t~rior tn subtask ~..7. . . 1.10 The Citv will cornpilc a list and cantact vriVatc. landav,~ncrs within the shorcline _ iurisdiction to allow LJRS access to the r~.r~s~erties. . J J 1.17 Prepare GTS databascs and ma-ps far all relcvant informauon as deterrrritled bv TJRS. The dat.abases wzll be taterpaxed n-tor to 1 ask 1..7. Deliverahles: * QAPP * Data List, I1ata Gaps Memoranduran ■ Field Work Plan Memorandum + Shnr-eline Characterization Tables * Capies of field notes and working ield maps * Digital warldng maps of inventary information displayed at appropriate sca1e. 'Digital maps (including all relevant metadata) ia DOE and Ci#y acceptable farmat and regor# in word and pdf electranic format, (Work perfnrmed by the Cily with assistance fram URS). Task 2 Conduct Analysis Th,is task i,ncludes the a:nalysis vf inforination as it relates to development of aShoreline Ivlaster Prograrn. Guidance for thc a.nalysis comcs from the Shorcline Master Prograrn Guid,elines (WAC 173-26) and the Coastal T,rai,ni-ing F'xograr,n's "Freparing Sboteline Chaaracte,ti~ations for Sl\v Upciates_" Thc analysis wi11 itYC1ude the fal.loNvisag elef-nents pe.rFaxmed by the Con sultant. 2.1 Ecosystem-Wide T'rocesses Nvill he characterizeci by identifying and evaluating ecosystem-wide prncesses Nsith the potential ta impact shatelinc fiuictian. Characte-rization of ecnsysterra-wide pracesses will be conFincd ta areas generally adjacw,t to the shoxeiines or that have a &ect impact. For example, it is anticipated that the rc.lationsl-dp of Saltese Flats to Shelley Lake Nvill be described if suffilcient existing inForrnation is available. This ta.sk will include atxaly~itig: 2.1.1 Geogeraphic content jncluding geoiogy, soils, topographyi climate, vegetat~oti,, and dxaixlage areas that rnag impact sharelttxe uses. 2.1.2 Location and nature oF inajar land uses .incluciing buildings, trails, dams, railroads, logging, aggregate mining, and irrigation. 2 2.1.3 Locatinn and naturc of tegulatary activities including TMDIfs, ESA, o-nd calitarruiated sitcs (including sitcs clcaned up by the EPA as patt oE tie Bunkerhill Superful-ld 5ite). 21.4 Opporturiities to protect and/ar restore uplatxd and adjacent ateas essential to rnaintaira shoreljne form and fiinction. 2.2) The Shor.elJ,tae.Analysis wxU chazacten'ze shoreline fiinctions including idcntification and evaluatiot3 af physical, biolagical, and land use companerits as well as histanc charxges 'm shorelrne d,evelopr,aent patterris aloag and immediatelp adjacent to the shorelines. This task will ev aluate and deEme shoreline fianctions in rclatiotl to the requiternetits of the Shoirelitie Mastet Program regulations. Char,ges to shore.Line dcvelapmcnt pa.tterns wiU br- limited frorn 1975, the date of thc Iast Shureline Master Pragram, tn 2008. I3escriptian oF thc changes will be linaited to reatltly ava.ilablc data includir5g planning and zon.xng data and existing aerial photngraphy. This task wiil result un the identifieatian oF eMis#iug shareline Eunciions, identification of oppotttuni,ties and i.rnpediments for protectian, restoration, public accessa and oither shareline uses. The working draft docutnerit uri.ll present Fitidiiigs speci_Etc ta each shatelifte fiitictiatial area}'reach. 2.2.1 Desw'ption and mapping of the 0HV7M from aerial photog-raphy and field aCeconnaissatlce. 2.2.2 Ev~aluate and defu-ie shvreline Functians 'm relatiori to the requiretnents of the SiVLP regulations. 12.3 Identif3' oPPurtunities and imped-unen ts for protectican, restorativn, public access, and other apprapriate shorelitie uses. 2.2.4 Prcparc a Usc Analysis of the shordtt'ies, 2.2.5 Prcpare a working d.ta.ft teport iEoar C,ity and Ecalogyreview and commcnt. 2.2.6 Atte-nd one public Open Housc ta present the futc,lirigs and to gatk~et: additiotial infottnatioti. Provide rzaatezials suitable for public review. The City will lead fihe Ogen PIouse with URS in support. 1"he fo11owing suhtasks ate to he performed by the Cit~r with assistance fr4rn LTRS. 2.3 Frepare GiS databases o-nc1 -maps for the Use Analysis. Deliverahies: • Workiag Draft Inven#ary and Analysis Report. Email working draft repnrt ta City Staff, Ecology and the Technical Review Graup fvr review and commen#. Sub,mit working draft report in word and pdf elecxrnnic fo rmat. Task 3 Prepare Analysis Repart and N1ap Partfvlio This task,tevises the r~~orking draft Inveritory and Ana.lysis R.cport p,tepared under Task 2 based on City, Ecologp, and publie cornments. This #ask is preparation of the fina1 xepatt oild map-s suitable fat use by thr- City Plantling Departrnent for ptep=tion of, the ShoreLine Mastcr Program. 17-re fallowing subtasks aare to be performed by the Consultant. 3.1 Meet avith the City and L,cology and eontact the Tech,nieal Revie~w Group hy cmail co review reskalts of the analysis prepared in Task 2. 3 3.2 Prcpare a draft and, fitial Invcntory and Analysis Rcport and Map I?ortfolio that will include the fvllowing. 3.2,1 Desc-nption of groject area and the SMP update pracess. 3.2.2 0vtm'evv of the analysis inclu.cling a ciescription of the shoreline jurisdiction, shareline Functians, iiLLD net loss," cusnulative impacts, and restoration oppottunities. 3.2,3 Descripdon of ecospstern-wide processes that affect sho,re.line function. 3.2.4 Detaileci characterization and analysis of the sharelities on the reach level. 3.2.5 Shorel.ine Usc: Analysis. 3.2.6 Detailed inventory irrformatian i.n appenclices. 3.2.7 Map portfolia. The City will produce the map portfolio. 3.3 Attcnd otie public Dpm House to assi,st Cai'ty staff fn presenting rhe ~indings. _ .Attend ane Flanning Cnmrr-assion wvrk scssion, one P12rining Commission Public Hea.ring, a.tid otic City Cou.ncil rneeting. Tt is anticipated that the LTRS Praject t1lf,anagex VAW attend tbese meetirrgs and the ,I,nventory and ,Pnolysis Lead 611 attend one of the rneettngs.. Provide materials suita6le For public review. Deliverables: • Draft and Fina1 Inveotary and A.nalysi~ Report and Map Portfolio. Draft an-d final digital copies and three hard cnpies of final repnrt. Digital maps (including all relevant metadata) in Y30E and Ciky acc€ptable format and report ia word and pdf electrunic furmat. Task 4 Develop Shoireline Envir-onmernt aesignations This task assists the City in developirig shorel.ine desxgnations ,iza compliance with theSMA and SMP Guidelines. The fmllawing subtasks a.re ta be performed by the Consultarit. 4.1 Prepare initial cnvironrnental designatians and suppurting dacumentation ❑f the City shorelixes accu,xcling to WAC 173-26-15(5) for review 6y the City. 4.2 Xfeet vu-ith the City to review and discuss the initial designations. 4.3 Attend nne public OpeLi I"IOL3,5e tO 8551St C1ty 5Laff ltl pIe5eht1i1g Elt1d1fi;1g5. Atte11d O3"]e Plarim'ng Camrn,ission wark session, nne Planning Gommission Public I-Icari_ng, and onc City COLLiieil 1neetlilg. It LS anticipated tliat the URS Project Manager wA1.1 ar.tend thesc tncctings and the rnven'tory and.Analysis Lead will attend nne of the rneetings. F,zavrde rriakerials suitable for public review. 4.4 Prcparc the final environmmtal desi6matian suppori clacurnentabon providing the jusLifica1xon and rationale for the desig;nations. The followitig subtasks a.te ta be petformed by the CityV71"th assistancc frotn URS. 4.5 Prennre initia.I ei3vironrncntal dcsignation GI5 mavs for teVieNV. 4.6 I?renaxe the final emfironmental desimiation GIS rnatis showi~-►g prodosed desi~nations. Yleliverables: ~ Draft and Fins! Environmental Designations ].Vlemorandum. Draft and f nal digital copi-es and three hard cnpies of final memorandum. Maps to be prvvided by the City. 4 Task 5 Develop Shoreline Goals, Policies, and Regulations This task providcs assistance to the City with preparation of their shoreline goals, policies, and regulations. The Gitv will nreoare the Goals and Poliaes xvith assistance from URS. URS will prepare regulations conformuzg to the Goals and Policies develoPed by the City and the SMP guidelines (VIAC 173-26). T11e Citv Rrill lead the Public Processes with assistance from LTRS. The followi.ng subtasks are anticipated. Development of Shoreline Goa1s and Policies The City w-ill lead development of Shoreline Goals and Policies arith URS assistance. 5.1 URS will assist tlie City to research and review ex.isting shorelines gu.idelines and policy infortnation, review and work "With 2003 Shoreline Master Program Guidelincs (Chapter 173-26 NYIAC) and the current Shoreline Master Program, search for and reviev= appropriate shorelines master programs from other jurisdictions, and revietiu the Spokane Counly Shorelines guidelines to develop consistenry, particularly where the jurisdictions interface. 5.2 URS will providc a professional facilitator for thrcc public/policy coinmittcc meetings. The URS project manager will also attend and participate in the meetings to asstst the City=. 5.3 Attend onE Planning Commission work session, one Planning Commission Public Hearing to assist City staff in presenting Enduigs, and onc City Couticil meeting. It is anticipated that the URS Project Manager wi.ll attend these meetings and the Inventory and Analysis Lead wi.l.l attend one of the meetings. ProNride materials suitable for public review Development of Regulations URS will develop the Shoreline Master Program Regulations with City assistance. 1"he shoreline regulations will confottn to thc Goals and Policies developed by the City and the SMP guidclines (IX1AC 173-26) and the Shoreline Management Act. 5.4 LTRS will prepare the following draft copies of the Shoreline regulations: a Worl:ing Draft for staf£.review and comment, a Staff Recommendation draft for review by the Plann.ing Commission, and a Planning Commission draft for Council action. It is anticipated that the Shoreline Regulations will be sinvlar in format to the City of Spokane Valley's Chapter 21.40 "Cridcal Axea" regulations. U1Z.S will also prcpare regulations and suggested means of incorporating the pemiit process regulations that are contained ui a seParate chapter with the City. It is antieipated that the City will finalize the permit process regulations. 5.5 URS will present the dtafts to the City staff and plannuig commission and be available for the council meeting. It is a.nticipated that the URS Project 1Vlatiager will attend all meetings and the Regulation Lead will attend t~.vo meetings. Revisions made aEter the adoption process wi.l.l be made bp the City with URS assistance Communication and Coocdination 1,he following assumptions havc bcen rnade related to development of Goals, Policies, and Regulations The Cikv will lead the PuUlic Involvement Process with UR.S assistance. It is anticipated that the Cily will prepare public noticES, locate meeting space, and prepare most o£ the exh.ibits needed for public, planning commission, and council nzeetings. • URS will work with City staff to identYfy a.nd meet xvith stakeholder groups to identify potential shorelines issues and opportunibes. These groups might include but arc not 5 ]irnited tn the public, etzviroiirnental groups, e-iver and shoreline uscrs, Pr°Pert3' o,~-vners and mariage.rs, city departrncnts, neighboring jurisclictions, statc a.gencies} and T-ri6cs. a L]R5 wiU work with City stalf and participat~t groups to develop -issue discussians centered on the 5hozel.ine Man,agem ent,A ct gcaals and p olicies. • LfhS will cotisu:lt with City stafF to hold itzformational workshaps for public itiput. In tliis cffort, UR5 wi]1 assist thc City to dc~elop a public infu=atiun strategy that Invites and engages abroad cross-sectaan aF the aff.ected public. Deliverables: # Draft regulations fnr review by tfie City and Ecaingy_ Yt is anticipa#ed that two drafts will be neccssary for review. • Final shareline regulatinns fnr Cr,uncil action. • Three hard copies af #he rcgulatians and in word and pdf electrnnic farma#. Task 5 Add;ress Cumulative Im,pacts Task b is ati evaluatiaix af the potential curnulative impaets of la.nd use po,licies, environrnental desi,gnations, and akher regulations cansistent %lrith the Shorelinc Managcmcnt Aet, nc Cumulative I'mpact-, Repott provides docutzzmtatiarl of thc steps takcn du-taing the SM-P update ptotess to avoid cutvulative impacts. 7'he evaluation wffi detetmi3e the potential irnpacts to shorel.ine ecological functiaiis as uFell as the othet 5MA-defiined functions atxd uses fram future acttvities that may nccur. A Gurrbulative Impacts R.epo,tt will be prepated. The repntt will include the following: 6.1 L]esctipdon of shoreli,r~es and curtent circxmsta.rrce-5 affccting shore-linc coraditions. 6.2 A ciesctiption, of xeasonalal,e foreseeable fiimte develnprnent and uses. 6.3 An analysis Qf paten-tial cumulative impacts including a descriptian of existirag,tegulatoty progra.xns, revicw of thc Comprehensi.ve Plan Goals and Palicies, Critical Areas Otcli.nance, and the praposecl shoreline reoations. 6.4 A. descxipd,ort of the regulato.ty framework including environmcntal designatians, sboteline jurisdictinn and 6uffm, mitigafiion scqucncing, vegetation mnse,rvation, and unanticipated impacts and mitigation measures. 6.5 Prepate d-taf.t rcport. 6.6 Prepare Final report. 6.7 AttctLd ane public Qpc-n Housc: to assist City staff irg preseiiting ~~ndings. Attend anc x'lanni.ng Commissian work sessian, vne Plannuig Corzunissioti Public He~a-ig, atid orte Glty CoLU-icil mceting. It is ariticiparcd 6at t'he LTRS Project 1VIanager wa attend. Pxavide materials suitable for public review Deliverables: • I)raft Cumulative Ympacts Analysis fvr t-evievv by the City and Ecoingy and Techoical Review Graup. • Three hard copies and the final Report in word and pdf electranic format. Task 7 Restoration Plan [_TRS will assist the City Wi,th development of the Shore-line Restoratic~n Plan requixed for the SIvIP. "I"he plau will establish ~vetll gaals arld identtfy priarity restoration areas. Tfxis task includes coordination 6 of the restoration plan with other potential restoration activities along the river. The following suUtasks are to Ue perfomaed by the Consultant. 7.1 Catalog restoration opportunity sites delineated in the inventory and provide brief descriptions for each site. 7.2 Identify e.zisting and ongoing projects and programs cutrendy being implcmented. This includes projects idenri.fted by other agencies. 73 Develop general restoration goals based on the fitldings of thc Inventory and Analysis and from existing restoration goals found in regional watcrshed plann.ing and restoration documents. Develop a prioritization checklist in order to identify high priority projects. 7.4 Apply the priotitization checklist to prioritize restoration pzojects. 7.5 Identify Potential funding sources. 7.6 Develop project schedule, induding benchmarks. 7.7 Prcparc thc draft Rcstoration Plan. 7.8 Prcparc final Restoration Plan. 7.9 Attend one public Opeti House to assist City sta£f in presenting ftndings. Attend one Z'lanning Commission work session, one Planning Commission Public Hearing, and one City Council meeting. It is anticipatcd that the URS Project Manager wil.l attend these mcetings and thc Invcntory and AnalyTsis Lcad wi]1 attend one of the meetings. Provide matcrials suitablE for public review Deliverables: • Draft Restoration Plan fot review by the City and Ecology. • Three hard copies and the final Restoration Plan in word aod pdf electronic format. Task 8 SMP Plan Adoption Provide assistance to the City during the adoption process. Th.is task involves attending ttvo public meetings and providing support and presentation materials for the inventory and analysis portion of thc SMP and for the regulations prepared Uy the Consultant Revisions to the reQulations idcntif-icd during the adotition process will be made bv the Citv. Assumptions • URS assurnes that the City and/or Ecology will provide staEf, assistance, and direction whcn needed and as appropriate as a cost-saving measure. We ate approaching this project as a partnership with the City with the common goal of ineeting project objectives using available resourccs. • U17S assutnes that GIS and other data will be availaUle at no cost. Ne have i.ncluded budget for limited copying and travcl charges. • The only water bodies included in this project are the Spokane River, She.lley Lake, and the t~.vo gravel pits. No xvaterbodies outside of lak-es and ponds associatcd with these streams will be investigated. • T"he Citv of Sookane Valley will orovide the maiorikv of the work on GIS databases and GIS maooinv, reauited bv the SMP update. • The Citv of Sookane Vallev ~.vill conduct the Public Tnvolvement activities with consultant assistance necessary for this oroiect's success. 7 ,4co ~ ERTIFI ATE OF LIABILITY INSURANCE °A,E`M""'°°'ri,~' C C Page 1 of 2 04/30/2009 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willia Iaeurance services of califoraia, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 xashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSUREO IIgg Corgoration INSURERA:National IInion Fire Ins Co of Pittsburgh 119445-100 600 Montgomery 3treet, 25th Ploor INSURERB:Zurich American Insurance Company 116535-100 3an Prancisco, CA 94111 INSURERC:Insuraace Compaay of the State of PA 119429-100 INSURERD:Lloyd's of Londoa & Britiah Compaaiea 115792-004 ~ INSURERE:Lexinaton Iaeuraace Campanv 119437-000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED PIAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDfTION 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 HEREtN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID GLAIMS. IL7R NSRd TYPE OF INSURANCE POUCY NUMBER I DATE IMM1Da~ 1 DATE ~MMND~N ( LIMrTS A GENERAL LWBILITY GL 0 919 6 5 2 5/ 1/ 2 0 0 9 5/1/2 010 ~ EACH OCCURRENCE I S 2, 000. 000 $ COMMERCIAL GENERAL UABILIN I DAMAGE TO REIJTED I S 1. O O O. O O O PREMISES fEa o~urencel -1 CL/uMS MADE I-x-l OCCUR I MED EXP (Any one person) I S 10.000 X XCII, BFPD ~ PERSONAL 8 ADV INJURY I S 2.000.000 X Coatractual Liability I GENERALAGGREGATE 1$ 2. 000. 000 GEN'L AGGREGATE LIMfT APPLIES PER: I PRODUCTS - COMP/OP AGG I$ 2.000.000 ~ POUCY FX] ~Ea ~LOC ~ I $ AUT09NOBILELIABIUTY BAP938512500 5/1/2009 5/1/2010 COMBINEDSINGLELIMIT $ 2~ ~~0~ g ANY AUTO (Ea acddent) ALL OWNEO AUTOS BODILY INJURY SCHEDULED AUTOS (Pef person) $ HIRED AUTOS BODILY INJURY $ NOPWWNEO AUTOS (Per actident) PROPERTYDAMAGE s (Per accident) I GARAGEUABIUTY AUTOONLY-EAACCIDENT I S _ ANY AUTO OTHER THAN EA ACC I$ AUTOONLY: AGG I $ EXCESS/ UMBRELLA LIABILIT`f I EACH OCCURRENCE I$ I OCCUR F-ICLAIMS MADE I AGGREGATE I$ I$ DEDUCTIBLE I $ RETENTiON $ I S WORKERSCOMPENSATION WC4990858 1/1/2009 1/1/2010 X IT~~YLIMI7SI IOER I AND EMPLOYERS' UABILTf A ANY PROPRIETOR/PARTNER/EXECUTIYE Y wc4 9 9 0 8 5 9 1/1/2 0 09 1/1/2 01 0 E.L. EACH ACCIDENT I $ 2.000.000 OFFICERlME[u48ER EXCLUDED? * (MandatoryinNH) WC4990862 1/1/2009 1/1/2010 E.L.DISEASE-EAEMPLOYEE $ 2.000.000 C s~EC~n~i~ovisioNSneio,N WC4990857/WC4990860 1/1/2009 111/2010 E.L_DISEASE- POUCYLIMIT IS 2,.000,000 D oTHeR PS0801821jPS0801657 51112009 511j2010 S profesaional Liability 6502371 5/1/2009 5/1/2010 S5,000,000 sach Claim w/Limited Contractual - $5,000,000 Aggregate ~ Clafma Ma.de Palicv DESCRIPTION OF OPERATIONS / LOCATIONS f VENICLES! EXCLUSIONS ADDED BY ENDORSEMENT! 3PECIAL PROVISIONS Evidence of Insurance for BID/Proposal Purposes CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF 7HE ABOVE DESCRIBED POUC[ES BE CANCEl1ED BEFORE THE IXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MA(L 30 DAYS WRRTEIi NOTICE TO THE CfRTIFICATE FiOLDER NAMEO TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABlL1TY OF ANY FQI/D UPOH THE INSURER, RS AGENTS OR SpeClIIl@II CHrtlflCat@ REPRESENTATIVES. _ : • U ORIZED REPi2ESE A)[ T1VE ACORD25(2009J01) Co11:2686504 Tp1:919909 Cert:124832 0 01988-2009ACOROCORPORATI~N.Allrightsreserved. The ACORD name and logo are registered marks of ACORD Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate hotder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negativefy amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) Co11:2686504 Tp1:919909 Cert:12483260 SUPERIDR COURT OF WASHII�TGTON FOR SPOKANE COUNTY In the Matter of: REQUEST FOR PROPOSALS No. Gity of Spokane Valley Shoreline Master Program and Develop- APFIDAVTT OF PUBLISHING ment Regulations N4TICE STATE OF WASHINGTON }ss. County of Spokane �,ifICH�.FL HL7FFM,�N bei�g 8rst duly sworn on oath deposes and says t�at he is the Fp�$,, of The Spokane Va11ey News Herald, a w�ekly newspaper. Thatsaid.newspaper is a legal newspaper and it is now and hasbeenfor more ti�an Six months prior to the date of the publication heteinafter referned to, published in the English lan�u.age continually as a wcekly newspaper in Spokane County, Washington, and iE is now and ducing aU of said time was pr3nted in an office snaintained at the afoc�esaid place of publicpti+on of said new�paper, which said newspaper had be�n approved as a legal newspaper by urder of the Superior Court of the State of Washingtan in and far Spokane County. That the following is a txue copy af..a nublic notiae as:it was published in iregular issues con�nn�t�ng on the 22nd �y of r�t- 2009. and ending the 29th�y of Ma� 2009 all daees ve, nnd that such newspape� was regularly distnbuted to its subscrbere during all of said period: ShotsUn� PrognM++ �md O�wfoP. ED OIZN to before me ,z�a�+. a� tp this 29th da 2 State of Washin,gton wkRthe D����ta�r�irn, f Gt�►)delt�es �rd� C011lll'y' O SP0�1TlC' I certify that I know or have satisfactory evidence that fl"d"��������,� MichaelHufhnanisthe personwhoappearedbefore 81° 01 me, and said person acicnowledged tfiat he signed develQO P e�►vlradarteni �i°^'�"�D t�E �E ly this instrument and acknowledged it to be his free +o��,o��'� �w�� 0 �.��.M •w.�F. c�' �Y P�P rr,�ac�pran, v�.••° 6s�on 4 4 �b and volunt act foi the uses and oses men- �o� 'O•%� tioned in e instrument. ths Ccr�f reyfe�M art4 �pbon d�9 daoWnetna, F �j m �a�v►�pb�brsenea�oenmvsp�ian NOTA R Y ��h �e pt�Go.lo�ed an+d�te e s w d 0 0 d I 9��� sd to aite+x! mebifgs es �oa�ary l�(I BL�Ci d� t o jolene Ra W tz �+1P ro �aa+ c�� �a-�+oo�o�"�°o� 1 �o�,•�� Title: ary lic o�at�: tn�d c�,s� mu� s�a d� �y S�� My ap ointrnen expires: 5-16-11 �e (S� baund artal one (t� w�b�sd aopr a! P°��,� P� hldudMp the e-t1�13 a�Ot�s af W an e�e�dzed �+taal, �1�t�lfm.$�q 0�0 Jtms 1a►�09�, P�T tA 6re� Mba�o�m� AtCP, nf 11?Q7 E�� A�c, 8TE 10�� S� S�Urre P�Ogr�afll hvltl UIQ� We�6E�9 �d Ww� W� Dd 111� A1 blN�d irFA e�t u0on taat�t- pk� ��req AAD Connla�, AlGY+. Pfianr�n� F�v�[an MRAago�� af ��p�lava�.oiQ. er aafl h your �F12.?I�B� �rk STATE OF WASHINGTON KING COUNTY -SS. 239098 No. CITY OF SPOKANE VALLEY �davit of Publication The undersigned, on oath stat�s that he is an authorizsd representative of The Daily Journal of Commerce, a daily newspaper, which newspaper is a legal newspaper of gener�l circulation and it is now and has been for rnore �an six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in Seattle, King County, Washiagton, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of this newspaper. The Daily Journal of Commerce w�s on the 12`� day of JtYne, 1941, approved as a legal newspaper by the Sup�rior Court of King County. The notice in the exact form �nnexed, was published in regular issues of The Daily Journal of Commerce, which was regularly distributed to its subscribers during th� below stated period.l'he annexed notice, a CN:S�IORELINE MASTER PROG was published on OS/20/Oy OSPI2/09 OSf27/09 05/29/09 The amount of the fee charged for the foregoing publication is the sum of 525.60, which amount has been paid in full. ���11t11fI 1�1���� ��F E R q Subscribed d w fore me on �.�����•���SSlOIy �i �O� ��i =j NoTq y os�a9 i ���5 r r A a'� ;O �8 t1C t� public for the StBtc ashington, �9 residing in Seattle ��yit?��'•i'�Q�ion ����i��� i� 2 0 �o Gd a 5tate of Washington, King County City of Spokane Valley Shoreline Ma�ter Program and Development Regulat�ons ProposaLg Dne: Jane i2 Rsquest F'or Praposals: 9horeliae Master Pro�am and Development Regula�ions City a� 3pckane Valle�►. Waabington Propoeals Due: June 12. 2009 Th� C�ty of �pokaae Valley is acceP�� P�Posale for coneniting servxces to a�ais� the Citiy in updet� in� the Sbt�reline Maeter Prograbt and Development Regulations to be oonaietent with the Depart,m�at of Ecology Shoreline Maeter Program Guidelines and GMA. Projeat Description t3nder the directiva of the Spokeae VaIley Qomn►unity Devetopment Department the selected consultsat will iaventary and map shoreline oonditions, pre- pare aa a�alysis and map portfa lio of ehoreline condit3ans, devel- op propo�ecl en�ironment designa- tIGIIB dev@10p 9�t0�1�1� $+08�. pQ� cies and regulations for the SMP, eva}uate and addrese the cumula tive impacts of the pl�n, prepare g r�skara�ien plan end i�splemau- tation �strat�egy, and particip�►te in tbe final review a�d adoption of the document$. The project will involve an �ct�neiv� participatian pra:ess with t�he public, lacal and state agencie� and af�ected trihes. The consultant will be expect- ed to uttend meednge as neces- sary t�hroughout the �evalapment� review and adoption of the SMP to pre�ent infara►atio� or provide technical suppo�t �o dity eLaf� City etat'f wiU be reapoasib�s for man- agu►� Rlte pubdic proc¢sa. Deadllne tat+ereated consultants muat sabmit five (b) bound and oae (i) unbound e,�py of the pmposal, inaluding th� e-mail uddre8e of an authorizQd contaat, no later thaa 8:00 pm Jnne 18, 2009, PST AvailabiUty aad Inqairfes Interested partiea MAY DOWNLOAD the r.om,plete Shor�liae Ma�ter Prbgram BFP from the City's website at www. Spokan�VaIley.org by follow- ing th� linke to Public Naticea. Copie� wlll be mailed or forward- ed via email upon reques�. Pl�ase Qonta�t Greg Ari�Carmick, A�CP, Planning Divieion Manager� at gmacormick�epokanevalley.org, a� caU (S09) 688•0423 with your quesCi�ns. Date of Cu�st publica�ion ia �1� 3Qattle Duilp Jouraal cf CQmmer�e, IOiay 20� 2008. �At�as�n��►