09-161.00 David Evans and Associates: 44th Ave PathwayLocal Agency
Standard Consultant
Agreement
® Architectural /Engineering Agreement
❑ Personal Services Agreement
Agreement Number
SV N — C> 1 + C
Federal Aid Number
STPE - 4010 (001)
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
® Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method
❑ Actual Cost
® Actual Cost Not To Exceed
❑ Fixed Overhead Rate
Fixed Fee $
Consultant/Address/Telephone
David Evans and Associates
908 N. Howard Street, Suite 300
Spokane, WA 99201
PH: (509) 327 -8697
Project Title And Work Description
44th Avenue Pathway Project, CIP # 0054,
topographic Survey per the scope of work described
in Sept. 29, 2009 DEA Scope of Work letter.
DBE Participation
❑ Yes ® No %
Federal ID Number or So her
nCUH // U
% Do you require a 1099 for IRS? Completion Date
❑ Yes ® No December 31, 2010
❑ Specific Rates Of Pay
❑ Negotiated Hourly Rate
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work
Total Amount Authorized $ 7, 569.53
Management Reserve Fund $ 756.95
Maximum Amount Payable $ 8,326.48
Index of Exhibits (Check all that apply):
® Exhibit A -1 Scope of Work
❑ Exhibit A -2 Task Order Agreement
❑ Exhibit B -1 DBE Utilization Certification
® Exhibit C Electronic Exchange of Data
❑ Exhibit D -1 Payment - Lump Sum
® Exhibit D -2 Payment - Cost Plus
❑ Exhibit D -3 Payment - Hourly Rate
❑ Exhibit D -4 Payment - Provisional
® Exhibit E -1 Fee - Lump/Fixed/Unit
❑ Exhibit E -2 Fee - Specific Rates
® Exhibit F Overhead Cost
❑ Exhibit G Subcontracted Work
❑ Exhibit G -1 Subconsultant Fee
❑ Exhibit G -2 Fee -Sub Specific Rates
❑ Exhibit G -3 Sub Overhead Cost
® Exhibit H Title VI Assurances
® Exhibit I Payment Upon Termination of Agreeme
® Exhibit J Alleged Consultant Design Error Procec
® Exhibit K Consultant Claim Procedures
❑ Exhibit L Liability Insurance Increase
® Exhibit M -la Consultant Certification
® Exhibit M -lb Agency Official Certification
® Exhibit M -2 Certification - Primary
❑ Exhibit M -3 Lobbying Certification
❑ Exhibit M -4 Pricing Data Certification
® App. 31.910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this / day of 2009 ,
between the Local Agency of City of Spokane Valley , Washington, hereinafter called the "AGEN
and the above organization hereinafter called the "CONSULTANT"
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
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WITNESSETH THAT
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terns, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
11 Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and/or such Federal, State, Community, City or Cowdy officials, groups or individuals as may be -
requested by die AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of die work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CPR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D /M/WBE firms are utilized, the amounts authorized to each fine and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUP) regulation outlined in die
AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs' Project Development Engineer in consultation with the
AGENCY.
All Reports, PS &F., materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instnmrents of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
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IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized hi writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to die AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by time AGENCY is required to extend the established
completion time. .
V Payment Provisions.
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROTECT Manager.
VI Sub - Contracting
The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGRI',RMENT.
Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub- consultant shall be
substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum
amount of their sub - contracted agreement that is established by die WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY,
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this,contract. Fur breach or violation of this warrant, die AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gill, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of [lie
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of 8
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of tire CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during lire period of the contract, any
professional or technical persomel who are, or have been, at anytime during the period of die contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "IT'
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event Oiis AGREEMENT is temiinated by the AGENCY other than for default on lire part of the
CONSULTANT, a foal payment shall be made to die CONSULTANT as shown in Exhibit `7" for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to Ore CONSULTANT prior to Notice of Termination exceeds
the total amount Oiat would be due when computed as set forth herein above, then no final payment shall be due and die
CONSUL'T'ANT shall inmiediately reimburse the AGENCY for any excess paid.
If die services of die CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
Page 4 of 8
In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the work perfomned at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that die CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work order
the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between tine surviving members of the CONSUL'T'ANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with die AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section. .
Payment for any part of the work by lime AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
emission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided wider Section X1V.
XI Disputes
Any dispute concemhng questions of fact in connection with die work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K ".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in due Superior
court of the Slate of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior tout of the State of Washington, situated
in the county in which the AGENCY is located.
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XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
Stale of Washington.
The CONSULTANT shall indemnify and ]told the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at late or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract htterest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indetmnifncation and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if arty, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during die terms of the AGREEMENT, or as otherwise required,
fine following Insurance with companies or through sources approved by the State Insurance Cotmmissioner pursuant to,
Title 48 RCW. '
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in ail amount not less than a one million dollar (51,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any thne.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
Page 6 of 8
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any thee, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment', hereafter referred to as "CLAIM", under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other enghreering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions,
Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Fonds for Lobbying and Exhibit "M -4"
Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and
Exhibit' ;M -4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This doctmnent and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained ht the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
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In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
By �� F. LJ By
zCW4Ae -p 6• W^% -rR+p Fair
Consultant [)AV-0 GVgaS ANp P6S0a4Tt'S' Iuc_ Agar
DOT Form 140 -089 EF P B Of 8
Revised 312008 9
Exhibit A -1
Scope of Work
Project No. 09 -049
The, nne of work shall hP per the Cc t ntembeT 7,9, 9009 DFA Scope of Work
z
Documents To Be Furnished By The Consultant
T Map in Ailtorad yercion 7007
DOT Form 140 -089 EF Exhibit A -1
Revised 6/05
Exhibit C
Electronic Exchange of Engineering and Other Data
The Consultant shall use the following format and standards in preparing electronic files for transmission to
the agency. The format and standards to be provided may include, but not limited to, the following:
Survey Data shall be entered into an AutoCad version 2007 compatible drawing file. The
drawing layers, survey codes and format shall conform to the Prototype Drawing furnished
by the City of Spokane Valley. The City reserves the right to reject an AutoCAD submittal
drawing if the drawing does not conform to the prototype. The drawing shall include:
a. All data points in State Plane Coordinates, Washington North, North American Datum
of 1983 (1991). Distances shall be in ground based US Survey feet. Elevations based
on North American Vertical Datum of 1988 (NAVD88).
b. Each data point shall be labeled with an appropriate survey code describing it.
c. Breaklines TINS, DTM's, alignments, and any other information used in the creation
of the contour mapping.
d. Location and description of monuments used to establish the Basis of Bearing, and one
monument used to establish the vertical datum.
e. Location and description of two monuments set within the project to provide horizontal
control and a monument to be used as a project benchmark.
f Contour lines at 1 foot intervals. Every tenth contour shall have a darker line weight.
. Labels with contour elevations shall be on a different layer.
g. Drawing Scale shall be coordinated with the City.
Prior to final payment, the Consultant shall also provide an archive file consisting of an
electronic or pdf copy of all plat information, titles, and surveys used to research control
and property ownership; field notes, data collector files, ASCII point files, and project
correspondence.
Also prior to final payment the Consultant shall provide and archive AutoCad version
2007drawing file with all data points in State Plane Coordinates, Washington North, North
American Datum of 1983 (1991). Distances shall be in grid based US Survey feet.
Elevations based on North American Vertical Datum of 1988 (NAVD88).
I1. Roadway Design shall be created using AutoCAD Civil 3D compatible drawings and shall
be in AutoCAD version 2007 compatible drawing file. The drawing layers, survey codes
and format shall conform to the Prototype Drawing famished by the City of Spokane
Valley. The City reserves the right to reject an AutoCAD submittal drawing if the drawing
does not conform to the prototype. The drawing shall include:
a. All data points in State Plane Coordinates, Washington North, North American Datum
of 1983 (1991). Distances shall be in ground based US Survey feet. Elevations based
on North American Vertical Datum of 1988 (NAVD88).
b. Each data point shall be labeled with an appropriate survey code describing it.
c. Breaklines TINS, DTM's, alignments, and any other information used in the creation
of the contour mapping.
d. Location and description of monuments used to establish the Basis of Bearing, and one
monument used to establish the vertical datum.
e. Location and description of two monuments set within the project to provide horizontal
control and a monument to be used as a project benchmark.
f. Contour lines at 1 foot intervals. Every tenth contour shall have a darker line weight.
Labels with contour elevations shall be on a different layer.
g. Drawing Scale shall be coordinated with the City.
9/30/2009 8:24:02 AM
Prior to final payment, the Consultant shall also provide an archive file consisting of an
electronic or pdf copy of all cross sections, templates, quantity calculations, design notes,
memos and reports; and all project correspondence.
III. Contract Documents and Reports
a. Documents shall be created using Microsoft Office 2003. Reports and specifications
shall be submitted as Word 2003 documents.
b. The City may provide a prototype document with font, text size and header and footer
formats in Word. The Consultant shall match format requested by the City.
Prior to final payment, the Consultant shall also provide an archive file consisting of an
electronic or pdf copy of all studies and calculations made during the course of report
development; specifications with addenda incorporated, phone conversations, memos, and
reports; and all project correspondence.
c. All data points in State Plane Coordinates, Washington North, North American Datum
of 1983 (1991). Distances shall be in ground based US Survey feet. Elevations based
on North American Vertical Datum of 1988 (NAVD88).
IV. Contract Administration
a. Documents shall be created using Microsoft Office 2003. Meeting Minutes, Change
Orders, field reports and correspondence shall be submitted as Word 2003 documents.
b. Spreadsheets shall be submitted as Excel 2003 documents.
c. The City may provide a prototype document with font, text size and header and footer
formats in Word. The Consultant shall match format requested by the City.
Prior to final payment, the Consultant shall also provide an archive file consisting of an
electronic or pdf copy of all documents generated during contract administration including,
but not limited to, inspector field reports, survey field notes, material test results, meeting
minutes, project correspondence, contractor wage information, change orders, and pay
estimates.
V. The Consultant shall be able to correspond via email and communicate with Microsoft
Outlook.
VI. Electronic Information Exchange.
a. The City shall exchange electronic information with the consultant via email for file
sizes less than 9 Megabytes. (Note: ZIP files or .RAR file formats are filtered out and
cannot be delivered via email.)
b. For larger file sizes the consultant shall exchange files using the City of Spokane
Valley File Transfer Protocol (FTP) site at ffp://ftp spokanevallev.org To use this
method of file exchange Consultant will have to contact the project manager for a
temporary thirty (30) day usemame and password.
c. The final archive file shall be submitted to the City on a CD or DVD and had delivered
to City Public Works Offices with paper files. The CD shall be labeled with the
Spokane Valley Project Contract Number, Project Name and be provided with a Table
of Contents.
9/30/2009 8:24:02 AM
Exhibit D -2
Payment (Cost Plus a Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or
services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the
work specified in Section 11, "Scope of Work." The CONSULTANT shall conform to all applicable portions of
48 CFR Part 3 L
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fec. The actual cost shall include direct salary cost,
overhead, direct non- salary costs, and fixed fee.
1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT. The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are
included as such on the books of the CONSULTANT in the normal everyday
keeping of its books, Progress payments shall be made at the rate shown in the
heading of this AGREEMENT trader "Overhead Progress Payment Rate." Total
overhead payment shall be based on the method shown in the heading of the
ACiRErMENT.'1'he two options are explained as follows:
a. Fixed Rate: If this method is indicated it) the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown. This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit, up to the Maxinuuu Total Amount Pnyable, authorized under
this AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead
computation is shown in Exhibit "E" attached hereto and by this reference made
part of this AGREEMENT. When an Actual Cost method is used, the
CONSULTANT (prime and all sub - consultants) will submit to the AGENCY
within six (6) months after the end of each firm's fiscal year, an overhead
schedule in the format required by the AGENCY (cost category, dollar
expenditures, etc.) for the purpose ofadjusting the overhead rate for hilling
purposes. It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rite.
DOT ram 140 089 Ef Exhibit D -2
Revised 0108
Failure to supply this information by either the prime CONSULTANT or any of their sub -
consultants shall cause the AGENCY to withhold payment of the billed overhead costs until
such little as the required information is received and alt overhead rate for billing purposes is
approved.
The AGENCY, STATE and /or the Federal Government may perform all audit of the
CONSULTANT'S books and records at any time during regular business hours to determine
the actual overhead rate, if they so desire.
3. Direct Non - Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to
the CONSULTANT. These charges may include, but are not limited to, the following
items: navel, printing, long distance telephone, supplies, computer charges and sub -
consultant costs.
a. Air or wain travel will be reimbursed only to economy class levels unless
otlierwise approved by the AGENCY. The CONSULTANT shall comply with
the rules and regulations regarding travel costs (excluding air, train, and rental
car costs) in accordance with the AGENCY'S Travel Rules and Procedures.
However, air, train, and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205 -46 "Travel Cost
b. The billing for Direct Non- Salary Costs shall include an itemized listing of
the charges directly identifiable wit the PROJECT. .
c. The CONSULTANT shall maintain the original supporting documents in their.
office. Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
d. All above charges must be necessary for the services provided under this
AGREEMENT.
4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the
heading of this AGREEMENT under Fixed Fee. This amount does not include any
additional Fixed Fee, which could be authorized from the Management Reserve Fund. "Phis
fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -
hours required to perform the stated Scope of Work. In the event the CONSULTANT
eaters into a supplemental AGREEMENT for additional work, the supplemental
AGREEMENT may include provisions for the added costs and an appropriate additional
fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of
work completed by the CONSUUl'ANT and reported in the Monthly Progress Reports
accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in
the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve
fund to provide the Agreement Administrator with the flexibility to authorize additional
funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the
CONSULTANT for additional work beyond that already defined in this AGRUMENT.
Such authorization(s) shall be in writing and shall not exceed
the lesser of $100,000 or 10% of the "Total Amount Autho ized as shown in (lie
heading of this AGREEMENT, 'The amount included for the Management Reserve
Fund is shown in the heading of this AGREEMENT. This fund may not be replenished.
Any changes requiring additional costs in excess of the Management Reserve Fund
shall be made in accordance with Section XIV, "Extra Work." G. Maximum Total
Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the
heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of
the Total Amount Authorized, and the Management Reserve Fund. The Maximum
Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIV, "Extra Work." No minimum amount payable is guaranteed under this
AGREEMENT.
B. Monthly Progress Payments: The CONSULTANI' may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section Ill, "General Requirements"
of this AGREEMENT. The billings will be supported by an itemized listing for each item including
Direct Salary, DirectNon- Salary, and allowable Overhead Costs to which will be added the
prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT
employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, salary rates, and present duties of those employees perfoining work on
[lie PROJECT at the time of time interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGRLEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT Shall constitute a
release of all claims for payment, which the CONSULTANI' may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and
at the time of final audit, all required adjustments will be made and reflected in a Final payment. In
the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT
will refund such overpayment to the AGENCY within thirty (30) clays of notice of the
overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims
relating to the validity of finding by the AGENCY of overpayment. Tire CONSULTANT has
twenty (20) days after receipt of the final POST AUDI'1'to begin the appeal process to the
AGENCY for audit findings.
D. Inspection of Cost Records: The CONSULTANT' and their sub - consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, fora period of three
(3) years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following exception:
if any litigation, claimm Or audit arising out of, in connection with, or related to this contract is
initiated before the expiration of [lie three (3) year period, the cost records and accounts shall be
retained until such litigation, claim, o' audit involving the records is completed.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled " Exhibit E -1 / Consultant Fee Determination — Summary Sheet contains
confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC
112(2)(F).
Prenotification; confidentiality of data A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
You may petition for a review of our findings pertaining to any redacted or withheld documents
pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled " Exhibit F / Approved Overhead Rate contains confidential cost and rate
data and is withheld from public disclosure pursuant to 23 USC 112(2)(F).
Prenotification; confidentiality of data A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
You may petition for a review of our findings pertaining to any redacted or withheld documents
pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which
are herein incorporated by reference and made a part of this AGREEMENT.
2. Non - discrimination: The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub - consultants, including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub - contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color,.
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or 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 AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of anotherwho fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and/or;
Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140 -099 EF EAlhit H
Revised 6105
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub - consultant or procurement as the AGENCY, STATE or FIIVJA may direct as a
means of enforcing such provisions including sanctions for non - compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
Exhibit I
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. Jn addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalaty costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140 -089 EF Exhibit I
Revised 6/05
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step I — Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Highways and Local Programs
Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or
Agency Engineer may appoint an agency staff person other than the project manager, who has not been
as directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 - Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and
descriptions of work; photographs, records of labor, materials and equipment.
Step 3 — Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub - consultants)
deenned appropriate for the alleged design error(s) issue.
Step 4 — Attempt to Resolve Alleged Design Error with Consultant
After the mecting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case, then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this
is the case, then the Director of Public Works or Agency Engineer, or their
representatives, negotiate a settlement with the consultant. The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H &LP, through the Region
DOT Forth 140 -089 EF Exhibit J
Revised 6/05
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements. No
further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 — Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded
through the Region Highways and Local Programs Engineer to H &LP for their review and
consultation with the FMVA. H &LP will meet with representatives of the agency and the
consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If
necessary, H &LP will request assistance from the Attorney General's Office for legal
interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution ofthe issue:
If mutual agreement is not reached, the agency and consultant may seek settlement
by arbitration or by litigation.
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved, the Agency shall write
the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further action in needed
regarding the claim procedures.
DOT Fom 140 -088 EF Exhibit K
Revised 6/05
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
Step 5 — Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their
final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted
claim(s) and rationale utilized for the decision.
Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and /or new agreement and pay the consultant the amount of
the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Exhibit M -1(a)
Certification Of Consultant
Project No.
Local Agency
I hereby certify that I am zrC kAQ_D L lJf t T2t p and duly authorized
representative of the firm of David Evans and Associates whose address is
g ob Ni. aowaAo 1 5u, r y Soo 5?oKAr,)6 ) W Ar x(2 01 and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any film or person in connection with cat-lying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, pr9ruring or carrying out this AGREEMENT;
except as hereby expressly stated (if any); .
I acknowledge that this certificate is to be available to the Washington State Department of -
Transpotation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Dale
Signature
DOT Form 140 -089 EF EWbit M -1(a)
Revised 6/05
Exhibit M -1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Spokane Valley ,
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
y -3o -o9
Date
Signature
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6105
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three -year period preceding this proposal been convicted of or bad a civil
judgment rendered against them for commission or 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 statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. 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 (I)
(B). of this certification; and
D. Have not within a three (3) year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
Il. 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 proposal.
Consultant (Firm): David Evans and Associates
`I `2.9 /r20oy
(Date)
E - w
( Signature) President or Authorized Offidal ensultant
DOT Form 140 -089 EF Exhibit M -2
Revised 0/05
Supplemental Signature
Consultant/Address/Telephone
David Evans and Associates
Page for
908 N. Howard Street, Suite 300
Standard Consultant
Spokane, WA 99201
Agreement
Agreement Number
SVpIV
Project Title And Work Description
44t1i Avenue Pathway Project, CIP # 0054,
topographic Survey per the scope of work
Federal Aid Number
STPE - 4010 (00 1)
described in Sept. 29, 2009 DEA Scope of
Local Agency
York letter.
City of Spokane Valley
r
THIS AGREEMENT, made and entered into this n day of 2009 ,
between the Local Agency of City of Spokane Valley Washington, hereinafter called the
"AGENCY", and the above organization hereinafter called the "CONSULTANT ".
In witness whereof, the parties hereto have executed this AGREEMENT.as of the day and year first
above written.
CONSULTANT
Till
By Cam^ rx--S! w4' BY
Consultant DAVIO P✓VANS AuD A ssocmm - s 1 lac Ager
By
Consultant
By
Agency
By
Agency
By
Agency
DOT Form 140.089 EF Appendix 31.910
Revised V05
Scope of Work
City of Spokane Valley
44th Avenue Pathway Project
Surveying Services
CIP Project # 0054
David Evans and Associates, Inc.
September 29, 2009
Project Description
This scope of work defines the topographic and boundary survey services that will be provided along the
north side of 44'" Avenue between Forrest Road and Woodruff Road. The City of Spokane Valley
(CITY) plans to develop a pedestrian pathway along this portion of roadway. The design will be
performed by the CITY staff. David Evans and Associates, Inc. (DEA) will perform the field survey and
develop a design level basemap showing existing features, along with right -of -way and adjacent parcel
lines.
DEA performed a survey for the CITY in 2005 in support of the pathway development. The general
limits of work for this project are as shown on the attached map.
Schedule
Work shall begin within 10 working days after the City executes a Contract Agreement and will be
completed work within 20 working days. It is our understanding that the City wishes to start the project
in the month of October.
Project Assumptions
The following assumptions were used in the development of this scope of services:
• AutoCAD Land Desktop 2007 will be the platform in which deliverables on the project will be
submitted. Tire electronic drawing will be prepared in accordance with City of Spokane Valley
standards.
• The survey will be made using ground distances in US Survey Feet. The horizontal datum for the
project will be NAD83 /2007. Vertical datum for the project will be NAVD88. This work will be
based previous control work done for the 2005 topographic mapping project.
• Vertical accuracy tolerance shall be within 0.05 feet. Horizontal accuracy tolerance shall be
within 0.05 feet.
• A Record of Survey will not be required.
Documents and Materials to be provided by Spokane Valley
1. CD containing a City of Spokane Valley prototype drawing, with the appropriate files.
Task 1. Project Administration
The administrative duties necessary to manage the project will include the following:
I.I. Contracting and set up or project files.
1.2. Provide invoicing and budget tracking
1.3. Provide quality assurance and quality control.
Task 2. Topographic Mapping and Digital Terrain Models (DTM)
DEA will perform a design level topographic reap of the project area. It is anticipated that most of the
topographic survey measurements will be made utilizing a conventional total station. DEA will:
2.1 Locate or re- establish project control network based on the previous control network from the
2005 topographic work. Document the control points utilized and show oil basemap. Install and
identify two project benchmarks within limits of the project.
44TH AVE ADDITIONAL TOPO SCOPE 092909
2.2 Develop and submit a traffic control plan to the Spokane Valley Public Works Department for
approval 5 working days prior to commencing work.
2.3 Perform topographic mapping and surveying of the project area as shown on the attached sketch.
Topographic information will be collected from the painted road centerline on the south tip to a
location 10 feet north of the 44 Avenue north right of way line. At intersecting streets on the
north side the topographic limits will extend 50 feet north of the 44" Avenue Right of way line.
Topographic mapping will include edge of pavement, flow lines, top back of curb, edge of gravel,
edge of driveways, fences, existing trees and bushes, landscape features, mailboxes, signs, utility
poles and pedestals and other such features as may be encountered. Where the roadway is built
on an embankment, topographic shots will be gathered at toe of slope with additional shots at 10
and 20 feet up or down slope. Shots along the toe of slope will be at 25 foot intervals.
2.4 Measure utility locations and within the roadway and project limits. DEA will call one -call utility
locate service for utility locations and those locations will be shown on the basemap. All surface
features including water valve or meter box locations will be tied and shown. The basemap shall
also include storm structures, drywell and sanitary sewer manholes with invert elevations within
the project limits and at the next downstream structure outside of the project scope. In some
cases, utility maps will be utilized to determine utility locations and depth.
2.5 Research will be done to identify existing survey monuments that may exist along the centerline
and northerly right of way line of 44 Avenue. Any monuments found will be marked in the field
with lath and shown on the topographic map. Right of way lines and parcel lines will be shown
based on the 2005 work by DEA. Parcel lines from 2005 will be compared to the current
Assessor's parcel map and adjusted if necessary.
2.6 Process field data and import into AutoCAD.
2.7 Develop topographic basemap and DTM at a 1 " =30 foot scale, acceptable to the CITY. Sheet
size will be 24" x 36" and will be stamped and signed by a Professional Land Surveyor licensed
in Washington. Visible surface features such as curbs, islands, sidewalks, manholes, traffic
striping and utilities will be shown and clearly labeled. Contours will be shown at 1 foot
intervals.
Assumptions:
• Access permission to the adjoining property north of the 44 Avenue Right of way will be
handled by City forces.
• Control from the previous 2005 topographic mapping efforts can be found and recovered.
• Permits to Destroy Survey Monument applications with the DNRwill not be required.
Project Deliverables
• Copies of all field notes, data collector files and ASCII point files.
• One electronic AutoCAD drawing (version 2005 or later) with all associated electronic files with
ground coordinates and ground distances based on US survey feet. Electronic drawing shall be
layered and labeled in accordance with City of Spokane Valley standards.
• One archive electronic drawing with all data based on State Plane Coordinates, Washington
North, (NAD 83). Distances will be grid using a combined adjustment factor.
• One 24" by 36" bond hard copy drawing at a 1 " =30 foot scale, acceptable to the CITY, signed
and dated by a Professional Land Surveyor licensed in the State of Washington.
44TH AVE ADDITIONAL TOPO SCOPE 092909
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ACORD TM CERTIFICATE OF LIABILITY INSURANCE Date 9 /3012009
PRODUCER
Aon Risk Insurance Services West Inc.
851 SW 6", #385
Portland, OR 97204
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE NAIC #
Phone No: 503- 306 -2893 Carol Greens Fax No. 503- 295 -0923
INSURED
INSURER A:
Charter Oak Fire Insurance Co
25615
David Evans and Associates Inc
INSURER B:
Travelers Property Casualty Ins
25674
INSURER C:
320 SW Upper Terrace Drive #200
INSURER D:
Bend, OR 97702
INSURER E:
COVERAGES
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. LIMITS SHOWN AREAS REQUESTED
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTNE
DATE(MMODIYY)
POLICY EXPIRATION
DATE MMIDDf/Y
LIMITS
A
GENERAL LIABILITY
630226DIO78
1211/08
12/1/09
EACH OCCURRENCE
1,000,000
FIRE DAMAGE (My one rue)
300
X COMMERCtALGENERAL LIABILITY
MEDEXP(Anyoraperson)
10006
CLAIMS MADE M OCCUR
X Stop Gap Liability
PERSONAL6 ADV INJURY
1
GENERAL AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
2,000,000
_ x1 POLICY PROJECT LOC
PRODUCTS - COMP /OPAGG
2,000,000
B
AUTOMOBILE
LIABILITY
81022601078
12/1/08
12/1/09
COMBINED SINGLE LIMIT
1000000
ANY AUTO
(Ea Aeeiden0
X
ALL OWNED AUTOS
BODILY INJURY (Per person)
SCHEDULED AUTOS
BODILY INJURY (Per emidwt)
HIREDAUTOS
X
PROPERTY DAMAGE
NON -OWNED AUTOS
(Per accident)
X
GARAGE
LIABILITY
AUTO ONLY - EAACCIDENT
ANY AUTO
OTHER THAN Each ameent
AUTO ONLY: Aggregate
EXCESS LIABILITY
EACH OCCURRENCE
OCCURRENCE ❑ GLAIMSMADE
AGGREGATE
DEDUCTIBLE
RETENTION S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WC STATU-
TORY LIMITS
OTH-
ER
EL EACH ACCIDENT
EL DISEASE FA EMPLOYEE
EL DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONSILOCATIONSI VEHICLES /EXCLUSIONS ADDE D BY ENDORSEMENT/ SPECIAL PROVISIONS
Re: Federal Aid No. STPE- 4010(001). The City of Spokane Valley is named as Additional Insured with respect to General
Liability for work performed for the city per attached CG D3
81 09 06,
Certificaie Holder is an Additional Insured
Covers a is rime & non- Contributo . Waiver of Subrogation
applies
CERTIFICATE HOLDER
ADDITIONAL INSURED: INSURER A
LETTER:
CANCELLATION
NAME & ADDRESS
City of Spokane Valley
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT-
Attn: Craig Aldworth
11707 E. Sprague Ave., Suite 106
AUTHORIZED REPRESENTATIVE
Spokane Valley, WA 99206
Ann Kick Insurance Services West, Irsc-
ACORD 25- S(7/97) VTyat3— �UUanwrcu wrcrvrw nvry nn ��y�,r�� = = =��_� 1
9/30/2009 6:40:55 PM Faxserver FaxServer004 Page 3
Policy #630226D1078
COMMERCIAL GENERAL LIABILITY
T141S ENDORSEMENT CHANGES THE, POLICY. PLEASE READ IT CAREFULLY.
a - 41 1 14 1 = I l l MKIII •
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED (Section 11) is amended to
include any-person or organization that you agree
in a °contract or agreement requiring Insurance"
to include as an additional insured on this Cover-
age Part, but
a, Only with respect to liability for "bodily Injury",
"property darhage" or *personal injury"; and
b. If the injury or, damage arises out of the per-
formance, by'you or your subcontractor, of
.' yrour work" to which the "contract or agree
ment requiring insurance" applies. Such per-
son or organization does not qualify as an
additional insured with respect to their inde-
pendent acts or for "bodily Injury", 'property
damage" or "personal Injury" for which that
person or organization has assumed frability
in a contract or agreement.
2. The insurance provided to the additional insured
by this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which cover-
age as an additional insured specifically is
added by another endorsement to this Cover-
age Part
b. This insurance does not apply to the render-
ing of or failure to render any "professional
services ".
c. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed to provide in that "contract or agree-
ment requiring Insurance", or the limits shown
In the Declarations for this Covemee Part,
whichever are Ism. This endorsement does
not increase the limits of insurance stated in
the LIMITS OF INSURANCE (Section ill) for
this Coverage Part
3. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section M:
However, if you spetaTical)y agree in a "contract or
agreement requiring insurance" that the insurance
provided to an additional insured under this Cov-
erage Part must apply on a primary basis, or a
- primary and noncontributory basis, this insurance
is primary to other Insurance that is available to
such additional insured which covers such addi-
tional insured as a named insured, and we will not
share with the other insurance, provided that
(1) The 'bodily injury' or "property damage` for
which coverage is sought occurs; and
(2) The "personal- injury" for which coverage is
sought arises out of an cifense committed;
after you have entered into that "contract or
agreement requiring insurance". But this insur-
ance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that Is available to the insured
when the insured is an additional insured under
any other insurance.
4. The following is added to Paragraph S. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON.
DITIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury% "property
damage" or "personal injury" arising out of 'your
work" performed by you, or on your behalf, under
a "contract or agreement requiring insurance" with
that person or organization. We waive these
rights only where you have agreed is do so as
part of the "contract or agreement requiring Insur-
ance" with such person or organization entered
into by you before, and in effect when, the "bodily
injury" or "property damage" occurs, or the "per.
sonal injury" offense is committed.
b. As respects the insurance provided to the addi-
donai Insured by this endorsement, the following
definition is added to DEFINITIONS (Section 1):
CG D3 8109 06 02006, The St. Paul Travelers Insurance Companies, Inc. Page 1 of 2
Includes copyrfghled material of insurance Services office, Inc., »ih its permission.
a /OU /ZUVy b:41:04 YM raxserve
COMMERCIAL GENERAL LIABILITY
"contract or agreement requiring insurance"
means that part of any contract or agreement un.
der which you are required to include a person or
organization as an additional insured on "a Cov-
erage Part, prarided that the "bodily Injury" and
"property damage" occurs, and the "personal In-
jury" Is caused by an offense committed:
rax5urvezuu4 rage 4
e. After you have entered into that oontraCI or
agreement;
b. IM17rile that part of the contract or agreement is
in effect; and
c. Before the end 0 the policy period.
All other terms of your policy remain the same.
Page 2 of 2 02W6, The St. Paul Travelers Insurance Companies, Inc. CG D3 8109 06
Includes Copyrighted msterisi of Insurance Services Office, Inc., wrth its permission.
9/30/2009 6:42:47 PM Faxserver FaxServer004 Page 5
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT
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This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a
general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO-
VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered.
A. Broadened Named Insured
B. Damage To Premises Rented To You Extension
• Perils of fire, explosion, lightning, smoke, water
• Limit increased to $300,000
C. Blanket Waiver of Subrogation
D. Blanket Additional Insured — Managers or
Lessors of Premises
E. Blanket Additional Insured — Lessor of
Leased Equipment
F. Incidental Medical Malpractice
G. Personal injury — Assumed by Contract
H. Extension of Coverage — Bodily Injury
I. injury to Co- Employees and Co- Volunteer
Workers
J. Aircraft Chartered with Crew
K. Non -Owned Watercraft — Increased
from 25 feet to 50 feet
L. increased Supplementary Payments
• Cost for ball bonds increased to $2,500
• Loss of earnings increased to $500 per day
M. Knowledge and Notice of Occurrence
or Offense
N. Unintentional Omission
O. Reasonable Force —Bodily Injury or
Property Damage
PROVISIONS
A. BROADENED NAMED INSURED
1. The Named Insured in Item 1. of the Declara-
tions is as follows:
The person or organization named in Item 1.
of the Declarations and any organization,
other than a partnership or joint venture, over
which you maintain ownership or majority in-
terest on the effective date of the policy.
However, coverage for any such organization
will cease as of the date during the policy pe-
riod that you no longer maintain ownership of,
or majority interest in, such organization.
2. WHO IS AN INSURED (Section II) Item 4.a.
is deleted and replaced b the following:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier, unless
reported in writing to us within 180 days.
3. This Provision A. does not apply to any per-
son or organization for which coverage is ex-
cluded by endorsement.
B. DAMAGE TO PREMISES RENTED TO YOU
EXTENSION
1. The last paragraph of COVERAGE A. BOD-
ILY INJURY AND PROPERTY DAMAGE Lk
ABILITY (Section I — Coverages) is deleted
and replaced by the following:
Exclusions c. through n. do not apply to dam-
age to premises while rented to you, or tem-
porarily occupied by you with permission of
the owner, caused by:
a. Fire;
b. Explosion;
c. Lightning;
d. Smoke resulting from such fire, explosion,
or lightning; or
e. Water.
A separate limit of insurance applies to this
coverage as described in LIMITS OF INSUR-
ANCE (Section III).
1 This insurance does not apply to damage to
premises while rented to you, or temporarily
CG D1 8611 03 Copyright, The Travelers Indemnity Company, 2003
Page 1 of 5
NOW
9/30/2009 6:43:13 PM Faxserver FaxServer004 Page 6
COMMERCIAL GENERAL LIABILITY
occupied by you with permission of the COVERAGE A. BODILY INJURY AND
owner, caused by: PROPERTY DAMAGE LIABILITY (Section I —
a. Rupture, bursting, or operation of pres- Coverages) is excluded by endorsement.
sure relief devices; C. BLANKET WAIVER OF SUBROGATION
b. Rupture or bursting due to expansion or
swelling of the contents of any building or
structure, caused by or resulting from wa-
ter;
c. Explosion of steam boilers, steam pipes,
steam engines, or steam turbines.
3. Part 6. of LIMITS OF INSURANCE (Section
III) is deleted and replaced by the following:
Subject to 5. above, the Damage To Prem-
ises Rented To You Limit is the most we will
pay under COVERAGE A. for damages be-
cause of "property damage" to any one prem-
ises while rented to you, or temporarily occu-
pied by you with permission of the owner,
caused by fire, explosion, lightning, smoke
resulting from such fire, explosion, or light-
ning, or water. The Damage To Premises
Rented To You Limit will apply to all damage
proximately caused by the same "occur-
rence", whether such damage results from
fire, explosion, lightning, smoke resulting from
such fire, explosion, or lightning, or water, or
any combination of any of these.
The Damage To Premises Rented To You
Limit will be the higher of
a. $300,000; or
b. The amount shown on the Declarations
for Damage To Premises Rented To You
Limit.
4. Under DEFINITIONS (Section V), Paragraph
a. of the definition of "insured contract" is
amended so that it does not include that por-
tion of the contract for a lease of premises
that indemnifies any person or organization
for damage to premises while rented to you,
or temporarily occupied by you with permis-
sion of the owner, caused by:
a. Fire;
b. Explosion;
c. Lightning;
d. Smoke resulting from such fire, explosion,
or lightning; or
e. Water.
5. This Provision B. does not apply if coverage
for Damage To Premises Rented To You of
We waive any right of recovery we may have
against any person or organization because of
payments we make for injury or damage arising
out of premises owned or occupied by or rented
or loaned to you; ongoing operations performed
by you or on your behalf, done under a contract
with that person or organization; "your work "; or
"your products ". We waive this right where you
have agreed to do so as part of a written contract,
executed by you prior to loss.
D. BLANKET ADDITIONAL INSURED — MANAG-
ERS OR LESSORS OF PREMISES
WHO IS AN INSURED (Section ID is amended to
include as an insured any person or organization
(referred to below as "additional insured ") with
whom you have agreed in a written contract, exe-
cuted prior to loss, to name as an additional in-
sured, but only with respect to liability arising out
of the ownership, maintenance or use of that part
of any premises leased to you, subject to the fol-
lowing provisions:
1. Limits of Insurance. The limits of insurance
afforded to the additional insured shall be the
limits which you agreed to provide, or the lim-
its shown on the Declarations, whichever is
less.
2. The insurance afforded to the additional in-
sured does not apply to:
a. Any "occurrence" that takes place after
you cease to be a tenant in that premises;
b. Any premises for which coverage is ex-
cluded by endorsement; or
c. Structural alterations, new construction or
demolition operations performed by or on
behalf of such additional insured.
3. The insurance afforded to the additional in-
sured is excess over any valid and collectible
insurance available to such additional in-
sured, unless you have agreed in a written
contract for this insurance to apply on a pri-
mary or contributory basis.
E. BLANKET ADDITIONAL INSURED — LESSOR
OF LEASED EQUIPMENT
WHO IS AN INSURED (Section II) is amended to
include as an insured any person or organization
(referred to below as "additional insured ") with
Page 2 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 11 03
9/30/2009 6:44:00 PM Faxserver
F.
COMMERCIAL GENERAL LIABILITY
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whom you have agreed in a written contract, exe-
cuted prior to loss, to name as an additional in-
sured, but only with respect to their liability arising
out of the maintenance, operation or use by you
of equipment leased to you by such additional in-
sured, subject to the following provisions:
1. Limits of Insurance. The limits of insurance
afforded to the additional insured shall be the
limits which you agreed to provide, or the lim-
its shown on the Declarations, whichever is
less.
2. The insurance afforded to the additional in-
sured does not apply to:
a. Any 'occurrence" that takes place after
the equipment lease expires; or
b. 'Bodily injury" or "property damage" aris-
ing out of the sole negligence of such ad-
ditional insured.
3. The insurance afforded to the additional in-
sured is excess over any valid and collectible
insurance available to such additional in-
sured, unless you have agreed in a written
contract for this insurance to apply on a pri-
mary or contributory basis.
INCIDENTAL MEDICAL MALPRACTICE
1. The definition of "bodily injury" in DEFINI-
TIONS (Section V) is amended to include "In-
cidental Medical Malpractice Injury".
2. The following definition is added to DEFINI-
TIONS (Section V):
"Incidental medical malpractice injury" means
bodily injury, mental anguish, sickness or dis-
ease sustained by a person, including death
resulting from any of these at any time, aris-
ing out of the rendering of, or failure to ren-
der, the following services:
a. Medical, surgical, dental, laboratory, x -ray
or nursing service or treatment, advice or
instruction, or the related furnishing of
food or beverages;
b. The furnishing or dispensing of drugs or
medical. dental, or surgical supplies or
appliances; or
c. First aid.
d. "Good Samaritan services ". As used in
this Provision F., "Good Samaritan ser-
vices" are those medical services ren-
dered or provided in an emergency and
FaxServer004 Page 7
for which no remuneration is demanded
or received.
3. Paragraph 2.a.(1)(d) of WHO IS AN IN-
SURED (Section II) does not apply to any
registered nurse, licensed practical nurse,
emergency medical technician or paramedic
employed by you, but only while performing
the services described in paragraph 2. above
and while acting within the scope of their em-
ployment by you. Any "employees" rendering
"Good Samaritan services" will be deemed to
be acting within the scope of their employ-
ment by you.
4. The following exclusion is added to paragraph
2. Exclusions of COVERAGE A. — BODILY
INJURY AND PROPERTY DAMAGE LIABIL-
ITY (Section I — Coverages):
(This insurance does not apply to:) Liability
arising out of the willful violation of a penal
statute or ordinance relating to the sale of
pharmaceuticals by or with the knowledge or
consent of the insured.
5. For the purposes of determining the applica-
ble limits of insurance, any act or omission,
together with all related acts or omissions in
the furnishing of the services described in
paragraph 2. above to any one person, will be
considered one "Occurrence ".
6. This Provision F. does not apply if you are in
the business or occupation of providing any of
the services described in paragraph 2, above.
7. The insurance provided by this Provision F.
shall be excess over any other valid and col-
lectible insurance available to the insured,
whether primary, excess, contingent or on
any other basis, except for insurance pur-
chased specifically by you to be excess of
this policy.
G. PERSONAL INJURY — ASSUMED BY CON-
TRACT
1. The Contractual Liability Exclusion in Pad
2., Exclusions of COVERAGE B. PER-
SONAL AND ADVERTISING INJURY LIABIL-
ITY (Section i — Coverages) is deleted and
replaced by the following:
(This insurance does not applyto:)
Contractual Liability
"Advertising injury" for which the insured has
assumed liability in a contract or agreement.
This exclusion does not apply to liability for
CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003
Page 3 of 5
010788
9/30/2009 6:44:54 PM Faxserver
FaxServer004 Page 8
COMMERCIAL GENERAL LIABILITY
damages that the insured would have in the
absence of the contract of agreement.
2. Subparagraph f. of the definition of "insured
contract" (DEFINITIONS — Section V) is de-
leted and replaced by the following:
f. That part of any other contract or agree-
ment pertaining to your business (includ-
ing an indemnification of a municipality in
connection with work performed for a
municipality) under which you assume the
tort liability of another party to pay for
"bodily injury," "property damage" or "per-
sonal injury" to a third party or organiza-
tion. Tort liability means a liability that
would be imposed by law in the absence
of any contract or agreement.
3. This Provision G. does not apply if COVER-
AGE B. PERSONAL AND ADVERTISING IN-
JURY LIABILITY is excluded by endorse-
ment.
H. EXTENSION OF COVERAGE — BODILY IN-
JURY
The definition of "bodily injury" (DEFINITIONS —
Section V) is deleted and replaced by the follow-
ing:
"Bodily injury" means bodily injury, mental an-
guish, mental injury, shock, fright, disability, hu-
miliation, sickness or disease sustained by a per-
son, including death resulting from any of these at
any time.
I. INJURY TO CO- EMPLOYEES AND CO-
VOLUNTEER WORKERS
3. Subparagraphs 2.a.(1)(a), (b) and (c) and
3.a. of WHO IS AN INSURED (Section II) do
not apply to "bodily injury" for which insurance
is provided by paragraph 1. or 2. above.
J. AIRCRAFT CHARTERED WITH CREW
1. The following is added to the exceptions con-
tained in the Aircraft, Auto Or Watercraft
Exclusion in Part 2., Exclusions of COVER-
AGE A. BODILY INJURY AND PROPERTY
DAMAGE LIABILITY (Section I — Coverages):
(This exclusion does not apply to:) Aircraft
chartered with crew to any insured.
2. This Provision J. does not apply if the char-
tered aircraft is owned by any insured.
3. The insurance provided by this Provision J.
shall be excess over any other valid and col-
lectible insurance available to the insured,
whether primary, excess, contingent or on
any other basis, except for insurance pur-
chased specifically by you to be excess of
this policy.
K. NON -OWNED WATERCRAFT
1. The exception contained in Subparagraph (2)
of the Aircraft, Auto Or Watercraft Exclu-
sion in Part 2., Exclusions of COVERAGE A.
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY (Section I — Coverages) is deleted
and replaced by the following:
(2) A watercraft you do not own that is:
(a) Fifty feet long or less; and
(b) Not being used to carry persons or
property for a charge;
1. Your "employees" are insureds with respect
to "bodily injury" to a co- "employee" in the
course of the co- "employee's" employment by
you, or to your "volunteer workers" while per-
forming duties related to the conduct of your
business, provided that this coverage for your
"employees" does not apply to acts outside
the scope of their employment by you or while
performing duties unrelated to the conduct of
your business.
2. Your "volunteer workers" are insureds with
respect to "bodily injury" to a co- "volunteer
worker" while performing duties related to the
conduct of your business, or to your "employ-
ees" in the course of the "employee's" em-
ployment by you, provided that this coverage
for your "volunteer workers" does not apply
while performing duties unrelated to the con-
duct of your business.
2. This Provision K. applies to any person who,
with your expressed or implied consent, either
uses or is responsible for the use of a water-
craft.
3. The insurance provided by this Provision K.
shall be excess over any other valid and col-
lectible insurance available to the insured,
whether primary, excess, contingent or on
any other basis, except for insurance pur-
chaser specific-ON. by you, to he excess of
this policy.
L. INCREASED SUPPLEMENTARY PAYMENTS
Parts b. and d. of SUPPLEMENTARY PAY-
MENTS — COVERAGES A AND B (Section I —
Coverages) are amended as follows:
1. In Part b. the amount we will pay for the cost
of bail bonds is increased to $2500.
Page 4 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 11 03
9/30/2009 6:45:47 PM Faxserver
2. In Part d. the amount we will pay for loss of
earnings is increased to $500 a day.
M. KNOWLEDGE AND NOTICE OF OCCUR-
RENCE OR OFFENSE
1. The following is added to COMMERCIAL
GENERAL LIABILITY CONDITIONS (Section
IV), paragraph 2. (Duties In The Event of Oc-
currence, Offense, Claim or Suit):
Notice of an "occurrence" or of an offense
which may result in a claim under this insur-
ance shall be given as soon as practicable af-
ter knowledge of the "occurrence" or offense
has been reported to any insured listed under
Paragraph 1. of Section It — Who Is An In-
sured or an "employee" (such as an insur-
ance, loss control or risk manager or adminis-
trator) designated by you to give such notice.
Knowledge by other "employee(s)" of an "oc-
currence" or of an offense does not imply that
you also have such knowledge.
2. Notice shall be deemed prompt if given in
good faith as soon as practicable to your
workers' compensation insurer. This applies
only if you subsequently give notice to us as
soon as practicable after any insured listed
under Paragraph 1. of Section 1€ — Who Is An
Insured or an "employee" (such as an insur-
ance, loss control or risk manager or adminis-
trator) designated by you to give such notice
discovers that the "occurrence ", offense or
claim may involve this policy.
3. However, this Provision M. does not apply as
respects the specific number of days within
COMivIERCIAL GENERAL LIABILITY
m
o=
FaxServer004 Page 9
which you are required to notify us in writing
of the abrupt commencement of a discharge,
release or escape of "pollutants" which
causes "bodily injury" or "property damage"
which may otherwise be covered under this
policy.
N. UNINTENTIONAL OMISSION
The following is added to COMMERCIAL GEN-
ERAL LIABILITY CONDITIONS (Section IV),
paragraph S. (Representations):
The unintentional omission of, or unintentional
error in, any information provided by you shall not
prejudice your rights under this insurance. How-
ever, this Provision N. does not affect our right to
collect additional premium or to exercise our right
of cancellation or nonrenewal in accordance with
applicable state insurance laws, codes or regula-
tions.
O. REASONABLE FORCE — BODILY INJURY OR
PROPERTY DAMAGE
The Expected Or Intended Injury Exclusion in
Part 2., Exclusions of COVERAGE A. BODILY
INJURY AND PROPERTY DAMAGE LIABILITY
(Section I — Coverages) is deleted and replaced
by the following:
(This insurance does not apply to:)
Expected or Intended Injury or Damage
"Bodily injury" or "property damage" expected or
intended from the standpoint of the insured. This
exclusion does not apply to "bodily injury" or
"property damage" resulting from the use of rea-
sonable force to protect persons or property.
CG D1 66 11 03 Copyright, The Travelers Indemnity Company, 2003
Page 5 of 5
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9/30/2009 6:46:34 PM Faxserver FaxServer004 Page 10
ACORD ` CERTIFICATE OF LIABILITY INSURANCE 9/30/2009
PRODUCER
Aon Risk Insurance Services West, Inc.
851 SW 6 M , #385
Portland, OR 97204
Phone No: 503 -306 -2893 Carol Gregus Fax No. 503 -295 -0923
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE NAIC #
INSURED
David Evans and Associates Inc
320 SW Upper Terrace Drive #200
Bend, OR 97702
INSURER A: Lexington Insurance Company 19437
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTME
DATE MMIDD/YY
POLICY EXPIRATION
DATE MMMD
LIMITS
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑ OCCUR
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Spokane Valley, WA 99206
EACH OCCURRENCE
Ao -;m Risk h2srir2tnce Services West, Inc.
FIRE DAMAGE (Anyone fire)
MED EXP (Any one person)
PERSONAL G ADV INJURY
GENERAL AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
GENERAL AGGREGATE
PRODUCTS - COMP /OP AGG
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea AcciaeN)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Par accident)
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
OTHERTHAN EAACCIDENT
AUTO ONLY: AGGREGATE
EXCESS LIABILITY
OCCURRENCE ❑ CLAIMSMADE
DEDUCTIBLE
RETENTION $
AGGREGATE
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WC STATU-
TORY LIMITS
OTH-
ER
EL EACH ACCIDENT
EL DISEASE - EA EMPLOYEE
EL DISEASE - POLICY UMIT
A
OTHER
Enos &Omssions Lbbk
007879687
L
12/1/08
12/1/09
Per Claim
Aggregate
1,000,000
1,000,000
DESCRIPTION OF OPERATION S /LOCATIONS /VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT? SPECIAL PROVISIONS
Re: Federal Aid No. STPE- 4010(001).
CERTIFICATE HOLDER I I A L; INU ELLA Tivim
NAME B ADDRESS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO NAIL
City of Spokane Valley
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: Craig Aldworth
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
11707 E. Sprague Ave., Suite 106
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Spokane Valley, WA 99206
Ao -;m Risk h2srir2tnce Services West, Inc.
ACORD 25-S (7197) (71988 — 2009 ACORD CORPORA TON An might. musawed