Loading...
15-006.01 Menke Jackson Beyer: Barker Grade Separation ProjectCONTRACT AMENDMENT TO THE LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND MENKE JACKSON BEYER LLP Spokane Valley Contract #15-006.01 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Consultant mutually agree as follows: 1. Purpose: This Amendment is for the Contract for legal services by and between the Parties, executed by the Parties on January 5, 2015 and which terminates when legal services are no longer desired by the City. Said contract is referred to as the "Original Contract" and its terms are hereby incorporated by reference. 2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are attached hereto as Appendix "A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. 4. Amendment History: This is Amendment # 1 of the Original Contract. Executed this 1 0iA day of November, 2020. rnYOF SPOKANE VALLEY: Mark Calhoun City Manager APPROVED A FORM: Office o the City A 16y MENKEJACKSON BEYER LLP: By: Ken Hat -per Its: Member APPENDIX "A" 1. 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. The law firm states that its services shall conform to all federal, state, and local statutes and regulations. 2. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this agreement, the law firm certifies to the best of its knowledge and belief that it and its principals: 1. 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, malting false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise 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. 3. Assurance of Compliance with Applicable Federal Law. During the performance of this agreement, the law firm, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations: The law firm shall comply with the federal laws set forth in Section G (Acts and 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. B. Non-discrimination: The law firm, 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 law firm 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. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the law firm 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 law firm of the law firm's obligations under this agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The law firm 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 law firm is in the exclusive possession of another who fails or refuses to furnish the information, the law firm shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a law firm's noncompliance with the non-discrimination provisions of this agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. withholding payments to the law firm under the agreement until the law firm complies; and/or 2. cancelling, terminating, or suspending the agreement, in whole or in part. F. Incorporation of Provisions: The law firm shall include the provisions of paragraphs A through F of this Section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The law firm 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 law firm becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, the law firm may request that the City enter into any litigation to protect the interests of the City. In addition, the law firm may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non -Discrimination Authorities: During the performance of this agreement, the law firm 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.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 Civil 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 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 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.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-discrimination 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 et seq.). 4. 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. G! /-'�) - U U(p AC R!_�- CERTIFICATE OF LIABILITY INSURANCE DAT 5/1M/2020 Y) 05/12/2020 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()es) 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 Conover Insurance 3911 Castlevale Rd., Suite 201 P.O. BOX 10088 Yakima WA 98909-1088 CONTACT Traci Sullivan NAME: PHONE 509 965-2090 AX (509) 966-3454 JAI C No Ext ' ( ) A/C No): E-MAIL tracis@conover)nsurance,com ADDRESS: INSURERS) AFFORDING COVERAGE NAIC d INSURERA : Valley Forge Insurance Co. 20508 INSURED Menke Jackson Beyer, LLP 807 North 39th Avenue Yakima WA 98902 INSURER B.- INSURER C : INSURER D : INSURER E INSURER F : COVERAGES CFRTIFICATF NUMRFR: 20/21 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDY� MMIDD/YYYY LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Q OCCUR 6021098869 06/01/2020 06/01/2021 EACH OCCURRENCE $ 2,000,000 b7MAGX RE€i(56NTF_ PREMISES Ea occurtence $ MED EXP (Any oneperson) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY ❑ jRa LOC OTHER: GENERALAGGREGATE $ 4,000,000 PRODUCTS-COMP/OPAGG $ 4,000,000 damage to Premises $ 300,000 A AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY 6021098869 06/01/2020 06/01/2021 CE➢M9(NEDS(N8LELIMIT Eaacddem $ BODILY INJURY (Per person) _ $ BODILY INJURY (Per acddenl) $ PROPERTY DAMAGE Per acddent _ $ nonowned/hired auto $ 1,000,000 UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ _ DELI I I RETENTION $ $ e WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUIIVE OFFICERIMEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 6021098869 (Employers Liability 06/01/2020 06/01/2021 STA UTE ER E.L EACH _ $ 1,000,000 E.LDISEASE- EAEMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) r`FRTimnaTF Nr11 nFR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley, Office of the City Attorney ACCORDANCE WITH THE POLICY PROVISIONS. 11707 East Sprague Avenue AUTHORIZED REPRESENTATIVE Suite 103 Spokane Valley WA 99206 © 1988-2015 ACORD CORPORATION. All rlgnts reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD i�')-vv(p ALPS P.O, Dox 9169, Missoula. MT 59807-9169 W(i) 72W 113 s (800) 367.2377 • Pox: (406) 7284416 Certificate of Professional Liability Insurance ( Date: 6/1/2020 — This e<r 11-te is issued as a nuts-ofinf anon only and minis sm rights upon the eestiRcate holder This certificate does not emend.« tend or aW,the eovenge afforded by the policy listed below. Certificate Holder: Named Insured: City ofspokaneValley Menke Jackson Beyer, LLP Attn: Office of the City Attorney 1 807 N. 390T Avenue MS: Yakima, wA 98902-6389 11707 E. Sprague Ave., Ste 103 Spokane Valley, WA 99206 r-l-- Ifthe deaafhd policy bcancelled before issexptntion date ALPS will eedeasrorro mail ten days wrinen notice to she cenlfxale boidunamed abore,but failum wdo so shill Impose not obligation or W601y o[eny kind upon ALPS, its aggro mreptrsenuavn eosxraga. he policy of huuraoce toted bebw lire becn sssucd to the basund mmcd abuse for the policy pe,od mdicased. Notwhhstand(ng any requirement, term mcosdhion orany—tect or outer doeumeot wits reaper to which this eer r.— may be hsued or msy penaln, she Iosureme<Worded by she policy d-,W herein is subject m all the terms, exehtslon i uai oosdidom of ouch policy- Aggregate Rmits shown msy hare bun redu.:a1 by paid a Wms. Type of Insurance: I Policy Number Effective Date Expiration Date Loss Inclusion Date Limit of Liability Lawyers Professional Liability Claims Made ALPS 19102- 5 — r 06/01/2020 i 06/01/2021 11/06/1975 - Each Claim: 4000000 Aggregate: 4000000 Deductible: Each Claim 5000 The deductible shall be subbacted from the claim cepeme aliowatce and then the toot limns otllab0ity r-Wtng from each claim seponed to the compeny during the policy period, subject loan annual aggregate dedmidile equal io twice the dMocuble amount listed in be declamsmns ENDORSEMENTS LISTED ON THE DECLARATION AT INCEPTION: Prior Acts Coverage Endorsement 1 First Dollar Defense Endorsement Excluded Entity(s) Law office located: 807 N. 39th Avenue Yakima ,WA 98902-6389 1 ALPS� ` P.0. Do"9169, Miasu , NIT 59807-9169 (406) 728-3117 • (800) 367-2577 • Par: (406) 718.7416 Authorized mp-.u,h c ALPS PROPERTY & CASUALTY INSURANCE COMPANY snrw.aipdiumna e.eom LPL-CERT NS (06113) ors a0G a1 .. ALPS P.O. Box 9169, Missoula, MT 59807-9169 (800) 367-2577 1(406) 728-31131 Fax: (406) 728-7416 www.alpsinsurance.com CERTIFICATE OF PROFESSIONAL LIABILITY INSURANCE DATE: June 12, 2024 THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND ORALTERTHE COVERAGE AFFORDED BYTHE POLICY LISTED BELOW. NAMED INSURED: CERTIFICATE HOLDER: Menke Jackson Beyer, LLP City of Spokane Valley 807 N. 39th Avenue 11707 East Sprague Ave., Ste 103 Yakima WA 98902-6389 Spokane Valley, WA 99206 IF THE DESCRIBED POLICY IS CANCELLED BEFORE ITS EXPIRATION DATE ALPS WILL ENDEAVOR TO MAIL TEN DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON ALPS, ITS AGENTS OR REPRESENTATIVES COVERAGES. THE POLICY OF INSURANCE LISTED BELOW HAS 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 POLICY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RETROACTIVE TYPE OF POLICY EFFECTIVE EXPIRATION COVERAGE INSURANCE: NUMBER DATE DATE DATE LIMIT OF LIABILITY LAWYERS ALPS19102- 6/1/2024 6/1/2025 11/6/1975 EACH CLAIM $4,000,000 PROFESSIONAL 9 AGGREGATE $4,000,000 LIABILITY CLAIMS MADE DEDUCTIBLE: EACH CLAIM $15,000 THE DEDUCTIBLE SHALL BE SUBTRACTED FROM THE CLAIM EXPENSE ALLOWANCE AND THEN THE TOTAL LIMIT OF LIABILITY RESULTING FROM EACH CLAIM REPORTED TO THE COMPANY DURING THE POLICY PERIOD, SUBJECT TO AN ANNUAL AGGREGATE DEDUCTIBLE EQUAL TO TWICE THE DEDUCTIBLE AMOUNT LISTED IN THE DECLARATIONS. ENDORSEMENTS LISTED ON THE DECLARATION AT INCEPTION: Excluded Entity Endorsement First Dollar Defense Endorsement Prior Acts Coverage Endorsement LAW OFFICE LOCATED: 807 N. 39th Avenue Yakima WA 98902-6389 A41� ALPs P.O. Box 9169, Missoula, MT 59807-9169' a �� (800) 367-2577 1 (406) 728-3113 1 Fax: (406) 728- AUTHORIZED REPRESENTATIVE 7416 www.alpsinsurance_com ALPS PROPERTY & CASUALTY INSURANCE COMPANY ALPS LPL-CERT INS (01-18)