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09-176.00 Strata: Broadway Sullivan PCCP IntersectionLocal Agency Consultant/Address/Telephone M Strata, Inc D � g M 0 U Standard Consultant 10020 E. Knox Ave., Ste 20 OCT 0 2009 Agreement Spokane Valley, WA 9920 By ® Architectural /Engineering Agreement ❑ Personal Services Agreement Ag reement Number PH: (509) 535 -8841 09 - 054 Project Title And Work Description Broadway /Sullivan PCCP Intersection Project Federal Aid Number Scope of work as described in Oct. 2, 2009 COSV RFP letter as modified per STRATA Oct. 13, 2009 Agreement Type (Choose one) ❑ Lump Sum Proposal for Geotechnical Exploration and Pavement Design Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % Overhead Cost Method DBE Participation ❑ Actual Cost ❑ Yes ® No % Federal ID Number or Social Security Number REDACTED ❑ Actual Cost Not To Exceed % ❑ Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date Fixed Fee $ ❑ Yes ® No December 31, 2011 Total Amount Authorized $ 10,500.00 ® Specific Rates Of Pay ® Negotiated Hourly Rate ❑ Provisional Hourly Rate Management Reserve Fund $ 1,050.00 ❑ Cost Per Unit of Work Maximum Amount Payable $ 11,550.00 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 / - 6t day of QL� 2009 , between the Local Agency of City of Spokane Valley , Washington, hereinafter called the "AGEN and the above organization hereinafter called the "CONSULTANT ". c �o c 0 c� E 0 M C M X N � M +' N 00 � u 0 0 r V M h 3 L CL o u w Y �+ V C f0 E Tv u � o s co � t DOT Form 140 -089 EF Page 1 of 8 Revised 3/2008 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 terms, 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. II 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 County officials, groups or individuals as may be requested by the 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 the 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 CFR 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 firm 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 (CUF) regulation outlined in the 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 &E 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 instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in 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 the 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 the 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 PROJECT 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 AGREEMENT. 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 the 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. For breach or violation of this warrant, the 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, gift, 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 the 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 the CONSULTANT. The CONSULTANT shall not engage, on a full- or part -time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the 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 2000d4a) 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 "H" 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 this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" 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 the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the 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 performed 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 the 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 under 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 the surviving members of the CONSULTANT 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 the 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 the 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 omission 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 under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the 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 parry 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 the Superior court of the State 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 court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 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 State of Washington. The CONSULTANT shall indemnify and hold 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 law 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 interest 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 indemnification 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 any, 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 the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner 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 an amount not less than a one million dollar ($1,000,000) 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 time. 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 time, 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 engineering 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 -I(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 Funds 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 $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof, the parties her have e-dcuted this AGREEMENT as of the day and year shown in the "Execution Date" box on page e ) of th" AGREEMENT. By j0 q?-0j By Consultant C, �; �ome nLe A Agency City of Spokane Valley STRATA DOT Forth 140 -089 EF Revised 312008 Page 8 of 8 Exhibit A -1 Scope of Work Proj ect No. 09 -054 The s cop e of work shall he. Per the nctnher 2, 2009 C Q$V Request for Proposal ac m odifie d by the Cletoher 13 2009 4T_ RATA p aposal f or Gentechnical Exploration k P a-vement D esign Documents To Be Furnished By The Consultant Geotec hnical Rep PCCP_Ea-vement esi HMA_Pa-vement_D nn DOT Form 140 -088 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). II. 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 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 I 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. 10/14/2009 10:12:34 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 ftp: / /ftp_spokanevalley.ore To use this method of file exchange Consultant will have to contact the project manager for a temporary thirty (30) day username 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. 10/14/2009 10:12:34 AM Exhibit D -3 Payment (Negotiated Hourly Rate) 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. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 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: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise 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 Costs." b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with 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. 3. 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 AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the 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." DOT Form 140-089 EF Exhibit D -3 Revised 6 /08 4. 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 AGREEMENTS. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E ", including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 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 AGREEMENT, 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 CONSULTANT 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) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment: The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 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, for a 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, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Exhibit E -2 / Consultant 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 2 pages entitled " Exhibit F / Breakdown of Overhead Cost contain confidential cost and rate data and are 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 another who 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. 5. 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 -089 EF Exhibit H Revised 6/05 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 FHWA 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. In 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 nonsalary 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 Farm 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 1 — 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) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(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 Form 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 FHWA. 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 of the 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 Form 140 -089 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 Proj ect No. 09 -0 Local Agency I hereby certify that I am representative of the firm of Inc firm I here represent has: and duly authorized whose address is and that neither I nor the above (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 firm or person in connection with carrying 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, procuring 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 Transportation and the Federal Highway Administration, U.S. Department of Transporta in connection with this AGREEMENT involving participation of Federal -aid hig �y bids, and subject to applicable State and Federal laws, both criminal and civil._ / / ,j Z DOT Fom 140 -089 EF Exhibit M -1(a) Revised 8/05 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. lo•1 1 - - f-6y Date r Signature DOT Form 140 -089 EF Exhibit M -1(b) Revised 6/05 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 had 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 (1) (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. 11. 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): (Date) DOT Forth 140 -089 EF Exhibit M -2 Revised 6/05 Supplemental Signature Consultant/Address/Telephone Strata, Inc Page for 10020 E. Knox Ave., Ste 200 Standard Consultant Spokane Valley, WA 99206 Agreement Agreement Number Project Title And Work Description 09 -054 Broadway /Sullivan PCCP Intersection Project Federal Aid Number Scope of work as described in Oct. 2, 2009 COSV RFP letter as modified per STRATA Oct. 13, 2009 Proposal Local Agency City of Spokane Valley THIS AGREEMENT, made and entered into this 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 above written. AGREEMENT as of the day and year first CONSULTANT `__ �� LOCAL AGENCY By By Consultant l , 'S (omS�e�� � 4022, mo, Agency City of Spokane Valley STRAT/k By By Consultant Agency By Agency By Agency DOT Form 140 -089 EF Appendix 31.910 Revised 6105 Public Works Department Capital Improvement Program 11707 E Sprague Ave Suite 106 0 Spokane Valley WA 99206 509.921.1000 4 Fax: 509.921.1008 4 dtyhall @spokanevaltey.org October 2, 2009 Chris Comstock Strata, Inc. 10020 E. Knox Ave., Ste 200 Spokane Valley, WA 99206 (509) 891 -1904 Re: Request for Proposal for Geoteeh Exploration and Pavement Design Broadway /Sullivan PCCP Intersection Project CIP No. 0144 Dear Chris: The City of Spokane Valley is planning to reconstruct the Broadway Avenue / Sullivan Road intersection with portland cement concrete (PCCP). Please provide a time and materials proposal for the following scope of work: Existing intersection description On the north side Sullivan Road has eight lanes with three though lanes in each direction and two dedicated left hand turn lanes. On the south side Sullivan Road has seven lanes with three though lanes in each direction and a dedicated left hand turn lane. On the west side Broadway Avenue has five lanes with two though lanes in each direction and a dedicated left hand turn lane. On the east side Broadway Avenue has five lanes with two though lanes in each direction and a dedicated left hand turn lane. A concrete island typically separates the oncoming traffic in each direction. Broadway / Sullivan Intersection The existing Broadwayl Sullivan Intersection is surfaced with asphalt concrete pavement (ACP). See the attached Broadway Sullivan Preliminary PCCP Intersection Plan. The project will reconstruct the intersection with: A. PCC pavement within the intersection "box"; B. PCC pavement on the approach de- acceleration lanes extending out approximately 200 feet from intersection CL east and west on Broadway; C. PCC pavement on the approach de- acceleration lanes extending out approximately 200 feet from intersection CL north and south on Sullivan and; Geotechnical Exploration and Pavement Design Services RFP - Broadway /Sullivan PCCP Intersection Project Pg 2 D. ACP pavement on the exit acceleration lanes to match the PCC improvement length. PCC pavement may be placed on the exit lanes within 50 feet of the curb return, budget permitting. Description of Tasks 1. Coordinate clearance of existing utilities by contacting the local One -call Service before beginning explorations. The consultant shall mark the proposed core drill exploration locations in advance of the scheduled field work. 2. Traffic control services provided under subcontract to Consultant. Traffic control will include closing one lane of traffic for each exploration, requiring flaggers and signage during drilling and patching activities. The drilling shall not be done between the hours of 7:00 Am and 7:OOPM. Submit a traffic control plan to the City for approval 5 working days prior to commencing start of exploration activities 3. Exploration of soil and groundwater conditions within the limits of the project site by drilling 7 borings; two in each approach leg on Sullivan; one in ach approach leg of Broadway; and one in the middle of the intersection; each to a depth on the order of about 5 feet below existing pavement grade. Samples of soil encountered in the borings will be obtained at approximate 2 -1/2 foot depth intervals using a 2.4 inch, inside diameter, split barrel sampler. After each boring is completed, the hole will be backfilled and the pavement repaired with quick- setting concrete mix. The explorations will be monitored on Rill -time basis by an engineer employed by the consultant, who will obtain samples, classify the soils encountered, record groundwater conditions (if observed) and prepare a detailed log of each exploration. 4. Laboratory analyses of select soil samples obtained from the roadway borings. The laboratory testing program will include two gradation analyses and a Subgrade Modulus test. Provide recommendations for site preparation and fill placement including an evaluation of the suitability of on -site soil for reuse as structural fill, gradation criteria for imported fill, guidance for preparation of subgrade soil, which will support pavements and criteria for structural fill placement and compaction. 6. Provide pavement layer thickness design for following pavements: Sullivan /Sprague PCCP Provide worst case design for center panel and edge loadings for 1. Intersection Box; 2. Sullivan and Broadway Approach de- acceleration lane Geotechnical Exploration and Pavement Design Services RFP - Broadway /Sullivan PCCP Intersection Project Pg 3 ACP 1. Sullivan exit acceleration lanes 2. Broadway exit acceleration lanes Each design shall include base course thickness, gradation and required degree of compaction; thickness and compaction criteria for PCA; and thickness criteria for PCC. The pavement design shall follow the AASHTO 1993 procedure. The Consultant shall provide a complete listing of all design input parameters used and run a comparison analysis on the WinPAS software available through the American Concrete Paving Association (ACPA). The City will provide Equivalent Single -Axle Loads (ESAL) loadings for the four design cases. 7. Summarize pavement designs, and exploratory findings along with supporting calculations, field and laboratory information in a written report. The consultant shall provide a draft report for City review and incorporate City comments before submitting the final report. Schedule Mobilization of equipment and personnel will take two weeks to allow time for utility clearances and scheduling. Site exploration is estimated to be complete in one or two working days. Laboratory tests will be available two weeks after completion of field work. Preliminary verbal recommendations will be available 14 calendar days after completion of field work. A draft report will be provided for City review by 28 calendar days after completion of field work. The final report shall be submitted within one week of receiving the City review comments of the draft report. Since the project is partially funded with a Federal grant the City will use a Local Agency Standard Consultant Agreement (DOT form 140 -089 EF), You will need to download DOT eform frlemaker software package from the WSDOT website (from under Local Agency Forms) and prepare the Agreement form. Discuss with me the Exhibits necessary. We assume the following exhibits will be necessary: Exhibit A -1 Scope of Work Exhibit E2 Consultant Fee Determination - Summary Sheet for Specific Rates of Pay. Exhibit F Breakdown of Overhead Cost Exhibit G Subcontracted Work Exhibit G -1 Subconsultant Fee Determination - Summary Sheet Exhibit G -2 Subconsultant Fee Determination Exhibit G -3 Breakdown of Subconsultants Overhead Cost Geotechnical Exploration and Pavement Design Services RFP - Broadway /Sullivan PCCP Intersection Project Pg 4 Exhibit J Alleged Consultant Design Error Procedures Exhibit I Payment upon Termination of Agreement by the Agency other than for Fault of the Consultant Exhibit K Consultant Claim Procedures Exhibit M -1(a) Certification of Consultant Exhibit M -1(b) Certification of Agency Official 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 Funds for Lobbying Exhibit M -4 Certificate of Current Cost or Pricing Data Supplemental Signature Page for Standard Consultant Agreement I look forward to working with you on this project. Please call me to arrange a meeting to discuss the project and to pick up additional information, If you have any questions please call me. Singer ly, Crai, Aldworth, RE Senior Engineer City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 PH: (509) 688 -0247 FX: (509) 921 -1008 encl: Broadway /Sullivan Concrete Intersection Plan 1.1 o �� n � J �� D »u - -- — c� tD 20' � 8 a� n 20 BROADWAY j _ 1 FI K. BROADWAY /SULLIVAN SURVEY LIMITS �Q 3 w qq SOR YdC V ROTE: '� •' � � r � r` ` � T SURVEY TO BACK OF WALK L O O r` , a . / `, Oa )GO N. J STFtaTa �..�Iccfrr77. Fran l�R� �ia'°{d tlP October 13, 2009 File: SP09119 Mr. Craig Aldworth, P.E. Senior Engineer City of Spokane Valley Public Works Department 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 RE: PROPOSAL Geotechnical Exploration & Pavement Design Broadway /Sullivan PCCP Intersection CIP No. 0144 Spokane Valley, Washington Dear Mr. Aldworth: Strata, A Professional Services Corporation (STRATA) appreciates the opportunity to provide this proposal to the City of Spokane Valley (City) to perform geotechnical exploration and pavement design services for the proposed Broadway /Sullivan Portland Cement Concrete Pavement (PCCP) Intersection Project located at the intersection of Broadway Avenue and Sullivan Road in Spokane Valley, Washington. The purpose of our services will be to explore subsurface soil, accomplish geotechnical analyses and provide recommendations to assist project planning and design. The following paragraphs describe our project approach, project understanding and detailed tasks intended to address your requested services as outlined in Tasks 1 through 7 provided in the October 2, 2009 Request for Proposal (RFP). PROJECT UNDERSTANDING The Broadway Avenue and Sullivan Road intersection comprises two major arterial /collector streets located in Spokane Valley. Sullivan Road north of Broadway has 8 lanes; three through lanes in each direction and two dedicated left -hand turn lanes. The south portion of Sullivan Road has 7 lanes with three through lanes each way and a dedicated left - hand turn lane. Each side of Broadway Avenue has 5 lanes with two through lanes in each direction and a dedicated left -hand turn lane. Concrete islands separate the oncoming traffic in each direction. The intersection of Broadway Avenue and Sullivan Road is currently surfaced with asphalt concrete pavement. The intersection is planned to be reconstructed using PCCP extending approximately 180 feet north of Broadway on Sullivan and approximately 130 feet on the east, west and south portions of the intersection. Asphalt concrete pavement (ACP) may also be constructed on the exit acceleration lanes to match the PCCP improvement lanes and to assist grade transitions. Final site grades are expected to remain unchanged from the existing grades. Stormwater IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageotech.com 10020E. KnoxAve.Ste.200 Spokane, Washington 99206 P.509.891.1904 F.509.891.2012 Proposal Broadway /Sullivan PCCP Intersection Project File: SP09119 Page 2 disposal improvements or other pavement or foundation structures are not anticipated as part of this project. PROJECT APPROACH As indicated in the RFP, we propose to explore the site using a series of borings to evaluate the subsurface conditions and to obtain soil samples. We anticipate that coordination to advance the borings may be significant and exploration is required between 7:00 a.m. and 7:00 p.m. at this relatively busy intersection. STRATA will subcontract traffic control services and develop a traffic control plan submitted to the City for their review; our intent will be to help reduce traffic inconvenience. We will advance borings to approximately 5 feet below the existing pavement grade, obtain subsurface soil samples and patch each boring following completion. Laboratory testing will be completed to assist soil classification and correlation to engineering properties of the soil. STRATA's pavement design approach will include performing one subgrade soil resilient modulus test and evaluating PCCP and ACP design for the locations indicated in the RFP. We intend to work closely with the City during this phase to discuss input parameters and we intend on performing analyses using a software program called DarWIN and comparing our DarWIN results to WINPAS software results. We understand the City will provide equivalent single axle loads (ESAL) for each of the four to five design cases. Our report will outline the design input parameters we used and outline our pavement design findings and earthwork recommendations. SCOPE OF SERVICE To develop this scope of services, we reviewed the October 2, 2009 RFP, performed a site visit and reviewed our prior services in the project area. Referencing the above project understanding and approach, we propose the following scope of services: STRATA will visit the site to establish exploration locations in areas acceptable to the City and also to paint the proposed locations prior to utility locating. STRATA will contact a regional utility notification service ( "One - Call ") prior to exploration for utilities within the right -of -way. STRATA cannot be responsible for damage or repair to improperly marked utilities. 2. STRATA will subcontract a traffic control service to divert and direct traffic during our work. The traffic control service will provide appropriate signage, cones and flaggers during all drilling and patching activities that occur within the roadway shoulders. We will provide a traffic control plan for City review and approval at least 5 days prior to exploration. 3. STRATA will subcontract to advance 7 exploratory borings as follows: Sullivan Road — 2 in each approach /de- acceleration leg Broadway Avenue — 1 in each approach /de- acceleration leg One at the intersection center iq) IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.strataaeotech.com Proposal Broadway /Sullivan PCCP Intersection Project File: SP09119 Page 3 We will advance each boring to an approximate depth of 5 feet below the existing pavement. Select soil samples will be obtained from auger cuttings and at near continuous intervals using a 2.4 -inch inside- diameter (3 -inch outside - diameter) California modified split -spoon sampler. The sampler will be advanced below the sampling interval using a 140 pound hammer falling 30 inches. The number of blows required to advance the sampler from 6 to 18 inches below the sampling interval will be documented as Standard Penetration Tests (SPT) "N- values ". Borings will be backfilled using granular soil and tamped using the drill augers and /or hand equipment. We will remove excess cuttings from the site and sweep up excess soil from the boring area prior to patching. Borings will receive a minimum 1 -foot thick, quick- setting, self - leveling grout patch, finished level with the existing asphalt surface. 4. STRATA will complete laboratory testing on select soil samples obtained from exploration. The laboratory testing program is anticipated to include, but may not be limited to, the following: • 4 to 6 percent passing the No. 200 sieve tests 1 to 2 grain size distributions • 1 Modified Proctor 1 to 2 Atterberg Limits Tests 1 Resilient Modulus Test (M We will retain soil samples obtained during exploration for 90 days following submittal of our final report unless we receive written notification to retain the samples for a longer time period. 5. STRATA will review field and laboratory data and perform analyses to provide recommendations for: Er Earthwork • Reusability of on -site soil • Soil criteria for imported structural fill • Subgrade preparation • Wet weather construction • Excavation characteristics • Structural fill and compaction criteria Ei Pavement Design using AASHTO 1993 design methodology • Rigid pavement (PCCP) thickness • Intersection "box" • Sullivan deceleration lane • Broadway deceleration lane • Flexible pavement (ACP) thickness • Sullivan acceleration lane • Broadway acceleration lane 0 §0 IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.strataneotech.com Proposal Broadway /Sullivan PCCP Intersection Project File: SP09119 Page 4 Our pavement design recommendations will also include the following: o Recommended ACP and PCCP base course thickness • Recommended base course material • Recommended compaction Qr Additional Recommended Services 6. STRATA will prepare a geotechnical engineering evaluation report. The report will provide a summary of exploration, outline the subsurface conditions encountered, present laboratory test results, summarize our analyses and findings, and present our resulting geotechnical opinions and recommendations. We propose to provide a site plan, exploratory test pit logs and design analysis software outputs. We will provide a draft report to the City for their review. After receiving review comments, we will provide 6 hard copies and 1 electronic copy of our report. ESTIMATED SCHEDULE AND FEES STRATA can initiate exploration within 1 to 2 calendar weeks from the date of verbal authorization, pending drill rig availability. We anticipate site exploration will take 5 to 8 hours. We propose to provide brief verbal or written preliminary recommendations to the City within 14 calendar days after completion of fieldwork. These preliminary recommendations are contingent upon resilient modulus test result schedules; however, we will endeavor to provide results as soon as possible. Resilient modulus test turn - around has been reported at about 10 calendar days. We propose to submit a draft report within 14 calendar days after receiving laboratory test results. After receiving City comments, we can provide a final report within 1 week. We propose to provide the above scope of services on a time - and - expense basis not to exceed $10,500. If authorized, STRATA can work with the City to prepare necessary Exhibits in the approved WSDOT and /or City format. We provide a preliminary fee estimate for you review to outline our detailed breakdown of manhours, subcontractor costs, traffic control service costs, laboratory testing, etc. We remain available to review this fee estimate and this scope of services and revise them to better meet the City's requested scope and the anticipated level of effort required by STRATA. LIMITATIONS The above scope of services does not include the following: 1 60 SWPPP or erosion and sediment control plan S Corrosion potential IS Utility trench stability Ei Utility trench backfill S Environmental evaluation of any kind IS Structural design O RO IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.strataaeotech.com Proposal Broadway /Sullivan PCCP Intersection Project File: SP09119 Page 5 fs Asphalt or concrete mix design 09 Foundation or slab design f3 Stormwater disposal or drywell design S Meetings or other correspondence following our final report submittal fs Any other services not specifically described above If these or any other services are desired, please contact us for a revised proposal. AUTHORIZATION If selected, please provide a copy of your Subconsultant Agreement for our review. We will be contacting you regarding the terms and conditions of the agreement if we propose any changes. If selected, STRATA will work with you or your administrative staff to provide the required insurance certificates following authorization. STRATA sincerely appreciates the opportunity to propose on this project with the City of Spokane Valley and we look forward to working with you. Please contact us if you have any questions or comments. Sincerely, STRATA, INC. Chris M Comstock, P.E. Project Manager CMC /Is Enclosure: Preliminary Fee Estimate O R) IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratacieotech.com DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The 2 pages entitled " Engineering Fees Estimate contain confidential cost and rate data and are 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. From:Janet Elam Fa%ID'.208- 343 -9371 Page 2 of 3 Date: 10 /162009 01:32 PM Page:2 of 3 A ORS CERTIFICATE OF LIABILITY INSURANCE IP TAATE --7 l '- 09 PROOUOER C A ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Higgins 6 Rutledge Insurance, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1661 Shoreline Drive, Ste 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Boise ID 83702 Phone: 208- 343 -7741 Fax :208- 343 -9371 INSURERS AFFORDING COVERAGE NAIC INSURER A: Cinai u I .ante Cm®a INSURER B: State Insurance Fund INSURER C: INSURER O GENERAL LIABILITY INSURER E: Spokane 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN31f Ap6'(� POLICY NUMBER POLICY EFFECTIVE' POUCYEXPIRATION LTR INSND TYPE OF INSURANCE (DATE MMAlD1YYYY .DATE LIMITS Mhlfi) W) GENERAL LIABILITY . EACH OCCURRENCE $1,000,000 A X [X COMMERCIAL GENERAL UABILTfY CPP0882591 05/01/09 05/01/10 PR s S500,000 I CIAIMSMADE 7XOCCUR ' MED EXP(My one Person) 1$10,000 IX BeV rablllt o£ PERSONAL S ADV INJURY 1S1,000,000 i __�interest 142,000,000 GENERALAGGREGATE GI AGGRE�GATE LIMIT APPUES PER: PRODUCTS - CCMPICP AGG 1 3 2, 000 000 POLICY x l P LOC I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Is 1,000,000 A X ANY AUTO CPP0882591 05/01/09 05/01/10 TF-m^e"B [X ALL OWNED AUTOS BODILY INJURY 5 X SCHEDULED AUTOS LFer P'Ieon) S IX HIREDAUTOS BODILY INJURY _ NON -OWNED AUTOS (Per xcbentj S —� PROPERTY DAMAGE (Per accHent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 5 S 1 7 ANYAUTO OTHER THAN EA ACC AIfTOONLY: AGG 4 EXCESS I UMBRELLA LIABILITY EACH CCOURRENCE 154,000,000 A X X EJ CLAIMSMADE CPP0882591 05/01/09 05/01/10 AGGREGATE 154,000,000 S , OCCUR 1 -, DEDUCIBLE I .� S IX , RETENTION $None WORKERS COMPENSATION XITORY LIMBS . ER 1 B AND EMPLOYERS LIABILITY YIN ANY PROPRIETOWPARTNEWEXEC 620608 05/02/09 05/01/10 ; EL. EACH ACCOENT 15100000 OFFICERIMEMBER EXCLUDtiM LI T (Mandatory In NH) IDAHO EL.CISEASE-EAEMMOYEUS 100000 IAA Under , EL. DISEASE POLICY LIMIT S 500000 SPECIAL PROVISIONS aeWw S - O A Liabilit CPPOSS2591 05/01/09 05/01/10 Pollution 1000000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Broadway /Sullivan PCCP Intersection Project; Geotechnical Exploraton and Pavement Design. City of Spokane Valley is an Additional Insured (except WC) as their interest may appear regarding the above described project. Waiver of Subrogation applies in favor of all Additional Insureds. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITSPO4 DATE THEREOF, THE ISSUING INSURER WILLIKX�YORTO MAIL 30 DAYS WRITTEN City of Spokane Valley NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, tA14]ta01®[OW07t0alOL0t Public Works Dept. ] OdOWt 4t] �C@ 90[ Ot l® ODDMEl4Qi ®DBfAG]836000470X100A9®[X AttN: Craig Aldworth, P.E. xaHMN3ULVKK 11707 E Sprague Ave; S -106 AUTHORIZED EPR ENTATIVE Spokane Valley WA 99206 ACORD 25 (2009/01) -2009 ACORD GURPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD From:Janet Elam FaxlD:208- 343 -9371 Page 3 of 3 Date: 10 116/2009 01'.32 PM Page:3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(es) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 10- 19 -'09 09:59 FROM -Terra Insurance 1- 415 - 927 -3204 T -815 P002/002 F -329 Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera CA 94925 CERTIFICATE OF INSURANCE DATE 10/16/09 NAME AND ADDRESS OF INSURED Strata, Inc. 10020 E. Knox Ave., Ste. 200 Spokane, WA 99206 . enn nc�enno. c.m. This certifies that the insurance policy (described below by a policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and does not alter, amend or extend the coverage afforded by that policy. Notwithstanding any requirement, term or condition of any contract or other document to which this certificate may pertain, the insurance afforded by the policy is subject to all of its terms, exclusions and conditions. - TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 209082 01 /01/09 12131/09 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUALAGGREGATE PROJECT DESCRIPTION Broadway /Sullivan PCCP Intersection Project Geotechnical Exploration and Pavement Design CANCELLATION if the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non - payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER City of Spokane Valley Public Works Dept. Attn: Craig Aldworth, P.E. 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) - A President