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19-138.00 David Evans & Assoc: Mullan Rd PreservationContract No. 19-138 AGREEMENT FOR PROFESSIONAL SERVICES David Evans and Associates, Inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington. hereinafter "City" and David Evans and Associates, Inc., hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: I. 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 a 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 wntten 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 Services 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 failure to meet the standard of care 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 employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services 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 be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct services faihng to meet the standard of care appearing therein when required to do so by City without additional compensation. 2 Tenn 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 as determined by City Consultant shall Agreement for Professional Sen ices (with professional liability coverage) Page 1 of 13 Contract No. 19-138 complete its work by February 1, 2020 unless the time for performance is extended in writing by the Parties Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' pnor notice and an opportunity to cure the breach. City may, in addition, temmnate this Agreement for any reason by 10 days' written nonce 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 an agreed upon hourly rate up to a maximum amount of $8,495.26 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 services 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 be given in writing as follows: TO THE CITY Name Christine Bainbridge, City Clerk Phone. (509) 720-5000 Address: 10210 Fast Sprague Avenue Spokane Valley, WA 99206 TO THE CONSULTANT. Name: Jerremy Clark Phone. 509-232-8695 Address: 908 North Howard Street. Suite 300 Spokane, WA 99201 6. Applicable Laws and Standards. The 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 services shall conform to all federal, state, and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By 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 voluntarily excluded from covered transactions by any federal department or agency, 2 Have not within a three-year period preceding this proposal been convicted 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; violation 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; 3 Are not presently indicted for or otherwise cnminallyor civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in Agreement for Professional Services tenth professional liability coverage) Page 2 of 13 Contract No. 19-138 paragraph (AX2) 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 pnmary 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 City, 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 employees 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 upon compensation to the Consultant. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction qualitymylars of maps, and copies in the fomt of computer files, for the City's use 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 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 with respect to all matters covered in this Agreement Such representatives shall be permitted to audit, examine, make excerpts or transcnpts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by tins Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injunes to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below- 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. Agreement for Professional Services (with professional Lability coverage) Page 3 of 13 Contract No. 19-138 3. Workers' compensation coverage as required by the industnal insurance laws of the State of Washington 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall mamtain the following insurance limits. 1. Automobile liability insurance with a minimum combined single limit for bodily injuryand property damage of no less than $1,000,000 per accident and aggregate. 2. Commercial general liability insurance shall be wntten with limits no less than $1,000,000 for each occurrence, and $2,000,000 for general aggregate. 3. Professional liability insurance shall be wntten 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. 1. Consultant's insurance coverage shall be prunary insurance with respect to the City Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Consultants 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, irrespective 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 City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M Best rating of not less than A:VII. E. Evidence of Coverage As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement. which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the commercial liability and automobile liability policy deduction or retention level. Insuring companies or entities are Agreement for Professional Services (with professional liability coverage) Page 4 of 13 Contract No. 19-138 subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. The City shall provide DEA with third -party notice within 10 days of receiving such a request, to provide opportunity to seek injunctive relief if it is thought that one or more documents are not subject to disclosure pursuant to Chapter 42.56 RCW (Public Record Act). 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 bold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, reasonable attomey's fees, costs of litigation, expenses, injuries, and damages to the extent arismg out of the intentional misconduct or negligent acts. errors, or omissions in the services provided by Consultant. Consultant's agents, subcontractors, subconsuttants, and employees to the fullest extent permitted by law, subject only to the limitations provided below Consultant's 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, mdemnify, and hold City harmless against liability for damages arising out of such services 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, Consultant's agents, subcontractors, subconsultants, and employees. Consultant's duty to defend, indemnify, and hold City harmless shall include, as to all claims, demands, losses, and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, the reasonable value 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 be 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 Consultant's 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 Party has the power, right, or authonty to waive any of the conditions or provisions of this Agreement. A waiver m 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 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 of this Agreement or to require at any time performance by the other Party of any provision hereof shall m no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part theieof. 14. Assignment and Delectation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without pnor written consent of the other Party Agreement for Professional Services (with professional liability coverage) Page 5 of 13 Contract No. 19-138 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 prior express wntten consent of City or upon order of a court of competent jurisdiction, law, rule, regulation, or government investigation. 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 services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and bmding on Consultant and that judgment maybe entered upon it in any court having jurisdiction thereof 18 Cost and Attornev's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attomey's fees and costs of such litigation (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes anypnor 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, 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. 21 Business Registration. Consultant shall register with the City 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 Services B. Fee proposal C. Insurance Certificates D. Assurance of compliance with applicable federal law The Parties have executed this Agreement thisU day of Y OF CP 1 VALLEY Consultant: aXGr. Mark Calhoun, City Manager By: J€rremy Clar Its: Authorized Representative viibar 201} Agreement for Professional Services (with professional Lability coverage) Page 6 of 13 A Christine Bainbridge, City Clerk: j APPROVED AS TO FORM: Offic fthe ttorney Contract No. 19-138 Agreement for Professional Services (with professional Lability coverage) Page 7 of 13 Contract No. 19-138 Exhibit A — Scope of Work This scope of work is to support the City of Spokane Valley (CITY) in preparing plans for the modification of the traffic signal at the intersection of Mullan Road and Mission Avenue (CITY Project 402921 Task I: Traffic Signal Modification o Complete plans for necessary upgrades at signalized intersection (up to 2 sheets total) o Complete site visit to field measure heights to aerial utility lines o Rewire entire intersection, replace junction boxes as noted in quadrant descnptions o Remove all existing loops, install Wavetronix detection for stop bar and NB/WB advanced o Specify C'irck 656 to provide 6 channels o Maintain existing illummation and route through new cabinet o Install new vehicle and pedestrian signal heads and pushbuttons o Coordinate ITS conduit installation to cabinet, along south side of Mission, and along east side of Mullan. o Install new overhead street signs and lane use signs, as needed. o Northeast corner • Replace signal pole with 40'-45' mast arm • Replace junction box with type 2 outside of proposed ramp • Likely to install new cabinet on this comer • Use care to avoid blockage of STCU sign • Install new pole for eastbound approach o Southeast corner • Remove existing signal pole Install new pole with 45'-50' mast anti on 2nd northeast corner pole • Replace junction box behind pedestnan curb • Remove signal cabinet, likely install new cabinet on northeast corner • Install Flashing Yellow Arrow head for eastbound left turn. o Southwest comer • Replace pedestrian pole (8') and pushbutton • Relocate pedestrian signal head • Replace junction box on Mullan with type 1 behind sidewalk • Replace junction box on Mission with type 2 behind sidewalk o Northwest corner • Replace pole farther west without acquinng additional ROW • Replace junction box behind sidewalk • Overhead utilities running north/south, may need to shrink sidewalk to minimum width • Evaluate pedestrian pole, either 5' or 8' depending on location of signal pole • ASSUMPTIONS: o Agency will complete field review to determine necessary improvements. o Agency will provide direction on aerial detection manufacturing and specifications. o Agency will provide sheet files and reference files in AutoCAD format. o Signal Modification plans will be included in overall set and do not include cover sheet or index. o Assume 2500 psf for bearing pressure for foundation design Agreement for Profeesaonal Services (with professional liability coverage) Page 8 of 13 Contract No. 19-138 Task 2: Task Administration, Management. and Quality Control o Task Initiation, Client meetings, progress reports, and invoicing. o Quality Control review. o ASSUMPTIONS: o Initial review will be conducted m November o Final plans will be submitted for bidding m January. Agreement for Professional Services (with professional liability coverage) Page 9 of 13 Contract No. 19-138 Exhibit B - Fee Proposal The contract type will be Time and Materials (T&M) to a maximum amount. The client will be billed monthly based on work completed the previous month. A detailed cost estimate is provided below: Labor Fee. Task 1: Signal Modification Plans $ 7,504.70 $ 990.56 Task 2: Project Management Total Fee Estimate: $ 8,495 26 Task Phase/ Intersection No. of Sheets PMGR SDFS DESG ACCT Hrs per sheet Cost per Task Labor* Mult. Signal Survey 2 4 6 rBDIV/0! $482.00 $7,504.70 Plan 1 4 4 12 20 $796.00 Wiring 1 4 3 10 17 $686.00 Details 1 3 2 8 13 $521.00 PM 4 3 $328.00 $990.56 Incl.175% WSDOTAp Incl. 27% Profit on 3 17 13 36 3 Raw tabor moved OH Raw Labor $935 $546 $1,224 $108 $2,813 $4,923 _ $8,495.26 check Ataement for Professional Setr¢es (with professional Lability coverage) Page 10 of 13 check $8,495.26 Contract No. 19-138 Exhibit C — Insurance Certificates Agreement for Prof tonal Services (with professional liability coverage) Page 11 of 13 A9RO® CERTIFICATE OF LIABILITY INSURANCE 12/1/2019 DATEtxe2DDTYYYY) 9/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFMMATIVELY OR NEGATIVELY AMEND, AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED BELOW. THIS CERTWICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED prod ion or be endorsed. H SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer right to the certificate holder in lieu of such endorsement(s). PR000CER Lockion Companies 444 W. 47th Street, Suite 900 C AC NAME 1 FAX E'N INC No) E+LAIL ADDRESS Kansas City M064112-1906 (8I6)960-9000 ESURERISI AFFORDING COVERAGE NAIC INSURER A' Zurich American Insurance Company 16535 INSURED DAVID EVANS AND ASSOCIATES. INC 1332581 2100 SW RIVER PARKWAY PORTLAND OR 97201 PISOPER B - Coptinental Casualty Company 20443 ESURERC 1SURER o MSW ERE INSURERF FAIN CERTIFICATE NUMBER REVISION NUMBER: XXXXXXX y 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 THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Lx m TYPE OF INSURANCE NBD WVD POLICY NUMBER IWYDWYYIYI INMDWYYYYI LIMIT X CDMMERCML GENERAL LIABILITY Y N GL09830389 12/10018 12..19019 EACH OCCURRENCE $I 000,000 A CWSMw ME X OCCUR L TO PREMISES occurrence).(EaEcD $300 000 MED EXP IMyone person) $ 10,000 PERSONAL 6 ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 X POLICY X £C I LOC PRODUCTS- COMP AGG $2,000,000 OTHER A AUTOMOBILE LMet!tY N N BAP9B30390 12112018 1211 '_019 (En eale. DINGLE OMIT SI 000.000 X ANY AUTO BODILY INJURY (Per per wnl XXXXXXX OWNED SCHEDULED AUTOS BODILY INJURY (Pm accident) XXXXXXX AUTOS ONLY _ — PROPERTY rMWFE HIRED NON'OWNEO AUTOS ONLY (Per aa'pdno XXXXXXX AUTOS ONLY XXXXXXX DNerELLA LIAR OCCUR NOT APPLICABLE En CH OCCURRENCE XXXXXXX EXCESS LIAB CLAIMSMAOE AGGREGATE XXXXXXX DED RETENTION XXXXXXX wanEERBCOMPENSAT1 a N WC 9336626 12/120IR ILI^019 PER ER A ANBEiLOYE0.4'l1ABEnY MW ETITO RTNEREXEXCLUDED? CUTNE YJx E L EACH ACCIDENT 1.000,000 OPR OFF(ManylpyIn wit) N xiA E L DISEASE - EA EMPLOYEE 1000,000 IF yes. describe DESCRIPTION OFOPERATIONS belowE L DISEASE - POLICY LIMIT 1000,000 B PROFESSIONAL LIABILITY N N AEH591924704 12/1/2018 12/i i2019 PER CLAIM SI,000,000 ANNUAL AGGREGATE $1,000.000 DESCRIPTION Ci OPERATIONS I LOCATION l VEHICLES (ACORO 101. Additional Remarks S[Mdu6, may be NM[Md N mon spoor s toothed) RE. PROJECT NO 19-13S- MISSION AND MULLAN SIGNAL MODIFICATION. CITY OF SPOKANE VALLEY IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY AND NON-CONTRIBUTORY, IF REQUIRED BY WRITTEN CONTRACT 16319135 +-- CITY OF SPOKANE VALLEY -_-- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORNCE WITH THE POLICY PROVISIONS. ACCORDANCE ATTN CHRISTINE BAINBRIDGE, CITY CLERK EAST SPRAGUE AVENUE SPOKANE VALLEY WA 99206 AumoRmeo aEeRESPa1rA 01 15 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Contract No. 19-138 Exhibit D — 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 ongin 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 employment 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 ongin 4. Information and Reports' The 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 appropnate, 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-discnmination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropnate, including, but not limited to: a withholding 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 every subcontract, including procurements of materials and leases of equipment, unless exempt by die Acts, the Regulations and directives issued pursuant thereto. The Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation bya subcontractor or supplier because of such direction, the Consultant may request that the City enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 7, Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Consultant Agreement for Professional Services (with professional liability coverage) Page 12 of 13 Contract No. 19-138 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 Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.0 §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.0 §324 et sett ), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 el 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.0 §6101 el seg.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §47 1, Section 47123), as amended, (prohibits discnmination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Tale 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 or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not), Titles LI and Ill 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.C. §§12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38, The Federal Aviation Administration's Non-discnmmation statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority 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 environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP 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 C § 1681 el seq.). Agreement for Professional Services with professional Lability coverage) Page 13 of 13 ACORtr° CERTIFICATE OF LIABILITY INSURANCE k ..r---- 12/1/2020 DATE(MMIDD/YYYY) 11/25/2019 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 have ADDITIONAL INSURED provisions or 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 Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 CONTACT PHONE ' Ext): (a ' No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Zurich American Insurance Company 16535 INSURED DAVID EVANS AND ASSOCIATES, INC. 1332581 2100 SW RIVER PARKWAY PORTLAND OR 97201 INSURER B : Continental Casualty Company 20443 INSURER C : American Guarantee and Liab. Ins. Co. 26247 American Zurich Insurance Company INSURER D : p y 40142 INSURER E : INSURER F : COVERAGES DEAIN01 - MAINCERTIFICATE NUMBER: 1 EVISION 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY y N GL09830389 12/1/2019 12/1/2020 EACH OCCURRENCE $ $1,000,000 PREMISESO(Ea RENTED $ $300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ $10,000 PERSONAL&ADVINJURY $ $1,000,000 GENERAL AGGREGATE $ $2,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES FlPef PER: LOC PRODUCTS - COMP/OP AGG $ $2,000,000 $ C AUTOMOBILE X X LIABILITY ANY AUTO . _ X AUTOSULED AUUTOS ONLYY N N BAP9830390 12/1/2019 12/1/2020 SINGLE LIMIT COMBINED(EaaccidenU $ $1,000, 000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident. $ XXXXXXX (Per accident) $ XXXXXXX $ XXXXXXX UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX DED RETENTION $ $ D AND EMPLOYERSWORKERS ELIABILOITY N ANY OFFICER/MEMBER EXCLUDED? ECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N NIATNER/EX N WC 9336626 12/1/2019 12/1/2020 PER TH- GER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT !� $ 1,000,000 B PROFESSIONAL LIABILITY N N AEH591924704 12/1/2019 12/1/2020 PER CLAIM $1,000,000 ANNUAL AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: PROJECT NO 19-138 - MISSION AND MULLAN SIGNAL MODIFICATION. CITY OF SPOKANE VALLEY IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY AND NON-CONTRIBUTORY, IF REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION 16319135 CITY OF SPOKANE VALLEY ATTN: CHRISTINE BAINBRIDGE, CITY CLERK 10210 EAST SPRAGUE AVENUE SPOKANE VALLEY WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD