19-126.00 Simpson Engineers: Record of Survey for CTA-2019-0001 Contract No. 19-126
AGREEMENT FOR PROFESSIONAL SERVICES
Simpson Engineers,Inc
THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of
Washington,hereinafter"City."and Simpson Engineers,Inc.hereinafter"Consultant,"jointly referred to as
"Parties."
IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows
1. Work to Be Performed. Consultant shall provide all labor, services. and material to satisfactorily
complete the Scope of Services, attached as Exhibit A.
A. Administration, The City Manager or designee shall administer and be the primary contact for
Consultant Prior to commencement of work,Consultant shall contact the City Manager or designee
to review the Scope of Services, schedule, and date of completion. Upon notice from the City
Manager or designee,Consultant shall commence work,perform the requested tasks in the Scope of
Services, stop work, and promptly cure any failure in performance under this Agreement.
B. Representations, City has relied upon the qualifications of Consultant in entering into this
Agreement By execution of this Agreement,Consultant represents it possesses the ability,skill,and
resources necessary to perform the work and is familiar with all current laws,rules,and regulations
which reasonably relate to the Scope of Services No substitutions of agreed-upon personnel shall be
made without the prior written consent of City.
Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the
timely provision of all professional services required to complete the Scope of Sen ices under this
Agreement.
Consultant shall be responsible for the technical accuracy of its services and documents resulting
therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall
correct such deficiencies without additional compensation except to the extent such action is directly
attributable to deficiencies in City-furnished information
C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employ ed
by professional consultants engaged in the same profession, and performing the same or similar
ser\ices at the time such sen ices are performed.
D. Modifications City may modify this Agreement and order changes in the work whenever
necessary or advisable. Consultant shall accept modifications when ordered in writing by the City'
Manager or designee. so long as the additional work is within the scope of Consultant's area of
practice. Compensation for such modifications or changes shall he as mutually agreed between the
Parties Consultant shall make such revisions in the work as arc necessary to correct errors or
omissions appearing therein when required to do so by City w ithout additional compensation
2 Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in
effect until completion of all contractual requirements has e been met as determined by City. Consultant shall
complete its work by September 30, 2019. unless the time for performance is extended in writing by the
Agreement for Professional Sen ices In nh professional liahilim cot eragel Page I of 9
Contract No. 19-126
Parties
Either Party may terminate this Agreement for material breach after pros iding the other Party with at least 10
day s'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for
any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall
pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date.
3.Compensation. City agrees to pay Consultant$2 500.(which includes Washington State Sales Tax if any
is applicable) as full compensation for everything done under this Agreement, as set forth in Exhibit B.
Consultant shall not perform any extra, further, or additional services for which it will request additional
compensation from City without a prior written agreement for such sen ices and payment therefore,
4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for
payment shall be sent to the City Finance Department at the below-stated address.
City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which
is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope
of Services. City standards, City Code, and federal or state standards.
5 Notice. Notices other than applications for payment shall he given in wnting as follows:
TO THE Cl I V: TO TILL CONSULTANT:
Name: Christine Bainbridge. City Clerk Name Steven W. Tripp, P.L.S
Simpson Engineers
Phone: (509)720-5000 Phone 509-926-1322
Address: 10210 East Sprague Avenue Address: 909 N Argonne Road
Spokane Valley, WA 99206 Spokane Valley, WA 99212
6 Applicable Laws and Standards. 1 he Parties, in the performance of this Agreement, agree to comply
with all applicable federal, state, and local laws and regulations Consultant states that its designs.
construction documents, and ser'ices shall conform to all federal, state, and local statutes and regulations.
7, Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary
Covered Transactions
A. 13) executing this Agreement,the Consultant certifies to the best of its knowledge and belief that it
and its principals
I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
N oluntarily excluded from covered transactions by any federal department or agency;
2 Have not within a three-year period preceding this proposal been cony'clod of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining. attempting to obtain, or performing a public (federal, state, or
local)transaction or contract under a public transaction:y iolavon of federal or state antitrust
statutes or commission of embezzlement.theft. forgery. bribery, falsification or destruction
of records, making false statements.or receiving stolen property:
Agreement lot Proles.nmal Sen ices Os nh professional habil* .m eragcl Page 2 of 9
Contract No. 19-126
3 Are not presently indicted for or other ise criminally or civilly charged by a
governmental entity (federal, state. or local) with commission of any of the offenses
enumerated in paragraph(A)(2)of this certification, and
4. Have not within a three-year period preceding this application/proposal had one or more
public transactions(federal, state,or local)terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this Agreement.
8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent
contractor and not the agent or employee of C ity,that City is interested in only the results to be achieved,and
that the right to control the particular manner, method, and means in which the services are performed is
solely within the discretion of Consultant. Any and all employees who provide services to City under this
Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for
the conduct and actions of all its employ ees under this Agreement and any liability that may attach thereto.
9.Ownership of Documents. All drawings.plans,specifications.and other related documents prepared by
Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure
pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped,
photographic. or visual documents prepared by Consultant under this Agreement shall, unless otherwise
provided, be deemed the property of City City shall he permitted to retain these documents, including
reproducible camera-ready originals of reports.reproduction quality molars of maps.and copies in the form of
computer files, for the City's use. City shall hat e unrestricted authority to publish,disclose,distribute,and
otherwise use, in whole or in part,any reports.data,drawings. images.or other material prepared under this
Agreement.provided that Consultant shall have no liability for the use of Consultant's work product outside
of the scope of its intended purpose
10 Records. The City or State Auditor or any of their representatives shall have full access to and the right
to examine during normal business hours all of Consultant s records vv ith respect to all matters covered in this
Agreement Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by
this Agreement for a period of three y ears from the date final payment is made hereunder.
I I.Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by Consultant,its agents.representatn es,employees,or subcontractors
A Minimum Scope of Insurance Consultant shall obtain insurance of the apes described below
I Automobile liability insurance covering all oe net non-owned,hired,and leased vehicles
Coverage shall be vy mien on Insurance Services Office(ISO)form CA 0001 or a substitute
form providing equivalent liability coverage.
2 Commercial general liability insurance shall he at least as broad as ISO occurrence form
CC, 00 01 and shall cox cr liability arising from premises,operations.stop-gap independent
contractors and personal injury,and advertising injure City shall be named as an additional
insured under Consultant's commercial general liability insurance policy w ith respect to the
Agreement for Rute,sional Sen ices is ah professnmdl liability coverage) Page 3 of 9
Contract No. 19-126
work performed for the City using an additional insured endorsement at least as broad as ISO
(X62026.
3.Worker'compensation coverage as required by the industrial insurance laws of the State
of Washington
4. Professional liability Insurance appropriate to Consultant's profession
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits
I. Automobile liability insurance with a minimum combined single limit for bodily injury
and property damage of no less than$1.000.000 per accident.
2.Commercial general liability Insurance shall be written with limits no less than$1,000,000
for each occurrence, and $2,000,000 for general aggregate.
3. Professional liability insurance shall be written with limits no less than $1,000.000 per
claim and $1.000.000 policy aggregate limit
C.Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following
provisions for automobile liability and commercial general liability Insurance'
I.Consultant's insurance coverage shall be primary insurance with respect to the City. Any
insurance, self-insurance,or insurance pool coverage maintained by City shall be in excess
of Consultant's Insurance and shall not contribute with it.
2.Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation
notice within two business days of receipt by Consultant.
3. If Consultant maintains higher insurance limits than the minimums shown above. City
shall be insured for the full available limits of commercial general and excess or umbrella
liability maintained by Consultant, Imespectne of whether such limits maintained by
Consultant are greater than those required by this Agreement or whether any certificate of
Insurance furnished to the City evidences limits of liability lower than those maintained by
Consultant.
4 Failure on the part of Consultant to maintain the insurance as required shall constitute a
material breach of the Agreement, upon which the Cgs. may, after gn ing at least five
business days' notice to Consultant to correct the breach, immediately terminate the
Agreement, or al its sole discretion, procure or renew such insurance and pas any and all
premiums in connection therewith, with any sums so expended to he repaid to Cin on
demand, or at the sole discretion of the Ci). offset against funds due Consultant from the
('its.
D Acceptability. of Insurers. Insurance is to he placed with insurers w ith a current A.M. Best rating
of not less than A:VII
E Evidence of Coverage. As ee'dense of the insurance cos erages required by this Agreement,
Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant
Atonement I or Professional Sen ce.Iwnh prolesnmal habJm covcragel Page 4 nt 9
Contract No. 19-126
returns the signed Agreement.which shall be Exhibit C. The certificate shall specify all ofthe parties
who are additional insureds,and shall include applicable policy endorsements,and the deduction or
retention lel,el.Insuring companies or entities are subject to City acceptance If requested,complete
copies of insurance policies shall be pros ided to City Consultant shall be financially responsible for
all pertinent deductibles, self-insured retentions, and/or self-insurance
12 Indemnification and Hold Harmless. Consultant shall,at its sole expense,defend,indemnify,and hold
hamiless City and its officers,agents,and employees, from any and all claims,actions, suits, liability, loss,
costs,attorney's fees,costs of litigation.expenses, injuries,and damages of any nature whatsoes er relating to
or arising out of the wrongful or negligent acts, errors,or omissions in the services provided by Consultant.
Consultant's agents, subcontractors. subconsultants, and employees to the fullest extent permitted by law,
subject only to the limitations pros ided below.
Consultants duty to defend,indemnify,and hold City harmless shall not apply to liability for damages arising
out of such services caused by or resulting from the sole negligence of City or City's agents or employees
pursuant to RCW 4.24.115.
Consultant's duty to defend, indemnify, and hold City harmless against liability for damages arising out of
such sen ices caused by the concurrent negligence of(a) City or City's agents or employees, and (b)
Consultant,Consultant's agents.subcontractors.subconsultants,and employees shall apply only to the extent
of the negligence of Consultant.Consultants agents. subcontractors, subconsultants, and employees.
Consultant's duty to defend. indemnify, and hold City harmless shall include, as to all claim, demands,
losses, and liability to which it applies, City's personnel-related costs, reasonable attorney d fees, the
reasonable l,slue of any services rendered by the office of the City Attorney.outside consultant costs,court
costs, fees for collection, and all other claim-related expenses.
Consultant specifically and expressly waives any immunity that may be granted it under the Washington State
Industrial Insurance Act, Title 51 RCW These indemnification obligations shall not he limited in any way by
any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party
under workers' compensation acts, disability benefit acts, or other employee benefits acts Provided, that
Consultant's waiver of immunity under this provision extends only to claims against Consultant by City.and
does not include, or extend to, any claims by Consultants employees directly against Consultant.
Consultant hereby certifies that this indemnification provision was mutually negotiated.
13 Waiver. No officer.employee, agent,or other individual acting on behalf of either Pam has the power,
right.or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance
shall not be held to be a waiver of any other subsequent breach or nonperformance All remedies afforded in
this Agreement or by law shall be taken and construed as cumulatil,e and in addition to es en other remedy
pros ided herein or by law Failure of either Party to enforce at any time any of the pros islons of this
Agreement or to require at any time performance by the other Party of any provision hereof shall in no way he
construed to be a waner of such provisions nor shall it affect the validlls of this Agreement or any part
thereof
14 Assignment and Delegation. Neither Party shall assign. transfer, or delegate any or all of the
responsibi Mies of this Agreement or the benefits received hereunder w ithout prior written consent of the other
Parts
Agreement for IYnfe.annal Sen ices I w❑h profe..mnal liability coverage) Page 5 al 9
Contract No. 19-126
15.Subcontracts. Except as otherwise provided herein,Consultant shall not enter into subcontracts for any
of the work contemplated under this Agreement without obtaining prior written approval of City
16.Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be
confidential Consultant shall not disclose such information without the pnor express written consent of City
or upon order of a court of competent jurisdiction,
17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes
between City and Consultant shall be resolved in the Supenor Court of the State of Washington in Spokane
County Notwithstanding the foregoing,Consultant agrees that it may.at City's request,be joined as a party
in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of
or that are related to Consultant's sen ices under this Agreement. Consultant further agrees that the
Arbitrator(sl decision therein shall be final and binding on Consultant and that judgment ma) be entered
upon it in any court having jurisdiction thereof.
18 Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this
Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees).
19. Entire Agreement. This wntten Agreement constitutes the entire and complete agreement between the
Parties and supersedes any prior oral or written agreements This Agreement may not be changed,modified,
or altered except in writing signed by the Parties hereto
20 Anti-kickback No officer or employee of City, hay mg 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 as ith an
interest in this Agreement
21 Business Registration. Consultant shall register with the Cin as a business prior to commencement of
work under this Agreement if it has not already done so
22 Severability. If any section.sentence,clause,or phrase of this Agreement should be held to be invalid for
any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other
section. sentence,clause.or phrase of this Agreement
23. Exhibits. Exhibits attached and incorporated into this Agreement are
A. Scope of Sen Ices and Fee Proposal
B. Insurance Certificates
C. Assurance of compliance with applicable federal law. c
The Nantes have executed this Agreement this 9'flay of `.5p ftprMI 2012.
CITY OF SPOONE VALLEY Consultant:
sc,Mark Calhoun, Cin Manager By: Aaron L-. Sr,.,.r 5n
Its Authorized Representative
Agreement for Professional Sen wen nu ith proies.ional hahihh cos eragel Page 6 ol 9
Contract No. 19-126
ATTFS //2
77 -: , . �
Christine Bainbridge. City Clerk
i1/4.-------
APPROVED(AS TO FORM:
Office f the C ttonles
Agm menr for Pruf ssmnal Sen ice.(with professional liability c Overage) Page 7 el'9
Exhibit A Scope and Services and Fee Schedule
Simpson Engineers is pleased to offer a proposal for surveying services per request for the
vacation of sections of Rich Avenue, Greenacres Road and Long Road in the E half of section 6,
T. 25 N., R. 45 E.W. M. and Tschirley Road in the NW'A of Section 6.
Our estimate is as follows:
Task 1- set monuments at the intersection of the centerline of each of the vacated right of ways.
$1500
Task 2- Prepare a Record of Survey showing all monuments and their location. 1000
TOTAL $2500
If you have any questions,please call ore-mail me.
Thank you for considering Simpson Engineers for the work you would like done.
k
,L9,01-€44 i(- 1.2/1,91
Steven W. Tripp, P.L.S.
Simpson Engineers 909 N. Argonne Road
Spokane Valley, WA 99212
Phone 509-926-1322
Fax 509-926-1323
TE
ARS CERTIFICATE OF LIABILITY INSURANCE DApB1520 9 I
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 SUBROGATIONIS 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
ALLIANT INSURANCE SERVICES INC/PHS NAME'
52802465 PHONE (866)467-8730 FAX (888)443-6112
lac,No,EM): lac,Nor:
The Hartford Business Service Center
3600 Wiseman Blvd E-MAIL
San Antonio,TX 78265 ADDRESS
INSURERS)AFFORDING COVERAGE 1WCB
INSURED INSURER A: Hartford Casualty Insurance Company 29424
Clarence E Simpson Engineers Inc DBA Simpson Engineers Inc INSURER e.
909 N ARGONNE RD
INSURER c
SPOKANE WA 99212-2791
INSURER O:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: 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 NOTWTHSTANDING ANY REQUIREMENT,TERM OR CONDIDON 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
INBR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POl1CY EXP LIMITS
LTR INSR WVD IMMDOWYYYI IMLVDOHYYYI
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000
CVJMSMADER OCCUR DAMAGE TO RENTED $300000
PREMISES{Ea aunenwl
X General Liability MED EXP(Any one penin) $10,000
A X 52 SBA PJ6656 04/012019 04/0112020 PERSONAL&ADV INJURY $1,000,000
GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000
POLICY n PRO-ELT I
I�I LOC PRODUCTS-COMPIOP AGG $2,000,000
OTHER
AUTOMOBILE UABIuT, COMBINED SINGLE LIMIT $1000000
_ .EFA mJmll
X ANY AUTO BODILY INJURY(Per Person)
A
— ALL OWNED — SCHEDULED 52 UEC UR0799 04/01/2019 04/012020 BODILY INJURY(Per accident)
AUTOS AUTOS
_
HIRED NON-OWNED PROPERTY DAMAGE
X AUTOS x AUTOS (Per ecadenll
—
UMBRELLA UAB X OCCUR EACH OCCURRENCE $1,000,000
A EXCESS LIAR mss- 52 SBA PJ6656 04/01/2019 04/01/2020 AGGREGATE 81,000,000
DED X RETENTION$10,000
WORKERS COMPENSATION PER OTW
AND EMPLOYERS'UBIIJTY STATUTE ER
ANY YIN EL EACH ACCIDENT $1,000,000
A PROPRIETOR/PARTNER/EXECUTNE r W A 52 SBA PJ6656 04/01/2019 04/012020
OFFICER/MEMBER EXCLUDED' L E L DISEASE-EA EMPLOYEE $1,000,000
IMYIW1ory In NH)
N yes describe under EL DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS below ,
A EMPLOYMENT PRACTICES 52 SBA PJ6656 04/01/2019 04/01/2020 Each Claim Limit $5,000
LIABILITY Aggregate Limit $5,000
DESCRIPTION OFOPERATONS/LOCATIONS/VEHICLES(ACORD 101,AMMONS!Rerrerts Schedule,maybe attached if more space Is rewired)
Those usual to the Insured's Operations City of Spokane Valley,11707 E.Sprague Ave,Ste 106, Spokane Valley,WA 99206 as Primary Additional
Insured per the Business Liability Coverage Form SS0008 attached to this policy.RE:PROJECT Street Vacations of portions of Rich Ave,Greenacres
Rd,Long Rd,and Tschidey Rd-City of Spokane Valley,Contract Agreement No 19-126
CERTIFICATE HOLDER CANCELLATION
Cay of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
10210 E SPRAGUE AVE BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED
SPOKANE WA 99206-3682 IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
_, ;ea' of C
®1988-2015 ACORD CORPORATION.All rights reserved. 15
ACORD 25(2016/03) The ACORD name and logo are registered mares 0 ACORO' arAs
Contract No. 19-126
Exhibit C—Assurance of Compliance with Applicable Federal Law
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest (hereinafter referred to as the "Consultant")agrees as follows.
1.Compliance with Regulations: The Consultant shall comply with the federal laws set forth in Section 7 of
this Exhibit("Acts and the Regulations")relative to non-discrimination in federally-assisted programs of the
U.S.Department of Transportation, Washington State Department of Transportation(WSDOT).as they may
be amended from time-to-time. which are herein incorporated by reference and made a part of this
Agreement.
2,Non-discrimination:The Consultant,with regard to the work performed by it during this Agreement,shall
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors. including procurements of materials and leases of equipment. The Consultant shall not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including
employ ment practices when the contract covers any activity,project.or program set forth in Appendix B of
49 CFR Part 21
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations,either by competitive bidding.or negotiation made by the Consultant for work to be performed
under a subcontract,including procurements of materials,or leases of equipment.each potential subcontractor
or supplier shall be notified by the Consultant of the Consultant's obligations under this Agreement and the
Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin
4.Information and Reports: fhe Consultant shall provide all information and reports required by the Acts,
the Regulations,and directives issued pursuant thereto,and shall permit access to its books,records,accounts.
other sources of information, and its facilities as may be determined by the City or the WSDOT to be
pertinent to ascertain compliance with such Acts, Regulations, and instructions Where any information
required of Consultant is in the exclusive possession of another who fails or refuses to furnish the
information.the Consultant shall so certify to the City or the WSDOT.as appropriate,and shall set forth what
efforts it has made to obtain the information
5.Sanctions for Noncompliance:In the event of a Consultant's noncompliance with the non-discrimination
pros isions of this Agreement. the City will impose such contract sanctions as it or the WSDO I may
determine to be appropriate, including, but not limited to:
a w ithholding payments to the Consultant under the Agreement until the Consultant complies, and/or
b cancelling,terminating. or suspending the Agreement, in whole or in part.
6 Incorporation of Provisions: the Consultant shall include the provisions of paragraphs one through six of
this Exhibit in er en subcontract,including procurements of materials and leases of equipment.unless exempt
by the Acts, the Regulations and directives issued pursuant thereto. I he Consultant shall take action with
respect to any subcontract or procurement as the City or the WSDO1 may direct as a means of enforcing such
provisions.including sanctions for noncompliance. Prot ided,that if the Consultant becomes im oh ed in.or
is threatened with litigation by a subcontractor or supplier because of such direction, the Consultant may
iequest that the C ity enter into any litigation to protect the interest.of the City. In addition.the Consultant
may request the t rioted States to enter into the litigation to protect the Interests of the United States.
Agreement for Professional Sen ices Iwith prole.ssmnal I'ab'I h coverage) Page X tit 9
Contract No. 19-126
7.Pertinent Non-Discrimination Authorities: During the performance of this Agreement,the Consultant
agrees to comply with the following non-discrimination statutes and authorities,including but not limited to.
Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.,78 stat.252).(prohibits discrimination
on the basis of race, color,national origin); and 49 CFR Pail 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (42 U S C
§4601).(prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects).
Federal-Aid Highway Act of 1973. (23 U.S.C. §324 et seq.). (prohibits discrimination on the basis of
sex):
Section 504 of the Rehabilitation Act of 1973. (29 U S.C. §794 et seq.), as amended. (prohibits
discrimination on the basis of disability); and 49 CFR Part 27:
The Age Discrimination Act of 1975,as amended,(42 U S.C.§6101 et seq.),(prohibits discrimination on
the basis of age):
Airport and Airway Improvement Act of 1982.(49 USC §471, Section 47123). as amended.(prohibits
discrimination based on race, creed, color, national origin. or sex);
the Cid Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope. coverage and
applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section
504 of the Rehabilitation Act of 1973.by expanding the definition of the terms"programs oractn'ties"to
include all of the programs or actis ities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or achy lies are Federally funded or not):
Titles II and III of the Americans with Disabilities Act- which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems. places of public
accommodation,and certain testing entities(42 U S.0 §§1213I-12189 I as implemented by Department
of Transportation regulations at 49 C.F.R. parts 37 and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S C §47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
Execute e Order 12898. Federal Actions to Address Em ironmental Justice in Minot its Populations and
Low-Income Populations. which ensures Non-discrimination against minority populations by
discouraging programs.policies.and activities with disproportionately high and adverse human health or
en ironmental effects on minority and low-income populations;
Executive Order 13166,Improv ing Access to Sen ices for Persons w ith Limited Fnglish Proficiency,and
resulting agency guidance. national origin discrimination includes discrimination because of Limited
English proficiency (LEI'). lo ensure compliance with lltle VI.you must lake reasonable steps to ensure
that LLP persons have meaningful access to your programs (70 Fed Reg at 74087 to 74100): and
Title IX of the Education Amendments of 1972. as amended, which prohibits you from discriminating
because of sex in education programs or activities(20 U S.0 §1681 rt sec? ).
' grecmc nt t ur Professional Sen ices in ith professional Imbilii. cod eragc) Page 9 0l 9