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25-118.00SPVVXCCourseWarm-upLoopDesignContract No. 25-118.00 AGREEMENT FOR SERVI SPVV Landscape Architects THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and SPW Landscape Architects, hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31, 2025, unless the time for performance is extended in writing by the Parties. Agreement for Services (without professional liability coverage) Page 1 of 8 Contract No. 25-118.00 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. CompensationCity agrees to pay Consultant a flat fee of S 10,500.00, (which includes Washington State Sales Tax if any is applicable) as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below -stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Marci Patterson, City Clerk Name: Darren Teal, Principal Phone: 509-720-5000 Phone: 509-325-0511 Address: 10210 East Sprague Avenue Address: 1908 W Northwest Blvd., Ste A Spokane Valley, WA 99206 Spokane, WA 99205 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations. 7. Certification Regarding Debarment. Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a Agreement for Services (without professional liability coverage) Page 2 of 8 Contract No. 25-118.00 governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access, to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, or subcontractors. A. Minimum :Scope of Insurance. Consultant's required insurance shall be of the types and coverages described below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 0001. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least Agreement for Services (without professional liability coverage) Page 3 of 8 Contract No. 25-118.00 as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. C. Other Insurance Provisions. The Consultant's policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self -insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D. Aeeeotability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:Vll. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Agreement for Services (without professional liability coverage) Page 4 of 8 Contract No. 25-118.00 Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assienment and Delegation. Neither Party may assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time -to -time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that an arbitrator's decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or Agreement for Services (without professional liability coverage) Page 5 of 8 Contract No. 25-118.00 action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. ations. Consultant shall comply with the federal laws set forth in subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination in federally -assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Consultant, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. Consultant shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. Withholding payments to Consultant under the Agreement until Consultant complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Consultant shall include the provisions of Section 21 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Consultant may request that the City enter into any litigation to protect Agreement for Services (without professional liability coverage) Page 6 of 8 Contract No. 25-118.00 the interests of the City. In addition, Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12l 89) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Agreement for Services (without professional liability coverage) Page 7 of 8 Contract No. 25-118.00 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seg.). 22. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business if it has not already done so. 23. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates The Parties have executed this Agreement this 77Hday of �.« ,J T , 202.r CITY OF SPOKANE VALLEY Joiln Hohman, City Manager Consultant: Its: Authorized Representative Agreement for Services (without professional liability coverage) Page 8 of 8 1908 W Northwest Blvd, Suite A ©� Spokane, WA 99205 509.325.0511 LANDSCAPE www.spw,com ARCHITECTS June 27, 2025 Steve Roberge Planning Manager 10210 E. Sprague Ave Spokane Valle, WA 99206 RE: XC Course Warm Up Trail Dear Steve, Thank you for the opportunity to prepare this proposal for the XC Course Warm -Up Trail. The attached scope of work outlines our services from Schematic Design through Construction. The enclosed proposal details our anticipated scope of services for integration into your standard contract format. Please don't hesitate to reach out at your earliest convenience if you have any questions or need further clarification. Sincerely, Darren Teal Principal SPVV Landscape Architects Darren@spvv.com 1119 1313 LANDSCAPE ARCHITECTS PROPOSAL FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES PROJECT UNDERSTANDING: We understand that the scope of work for this project includes the following key elements: ■ Trail layout based on provided GPS data, layout may need to be adjusted to provide ADA access on east side of the site. ■ Trail grading designed to meet ADA requirements where feasible, including an evaluation of the east side of the site for potential ADA access. ■ An 8-12-foot-wide CTSC trail throughout the designated alignment with a maximum width of 14' inclusive of all shoulders. ■ Shared trail segments with the XC Course access trail, which may be constructed with asphalt pavement. ■ Layout for site amenities, including potential short spur trails perpendicular to the main trail at optimal river viewing locations. ■ All permitting will be handled by others, SPVV will provide exhibits as needed to assist with permitting. We will utilize the site survey information already provided for the XC course as well as the GIS data provided by COSV, no additional data is to be gathered. LANDSCAPE ARCHITECT'S BASIC AND ADDITIONAL SERVICES SCHEMATIC DESIGN PHASE ■ Meet with Client to discuss and update the Project's design program, regulatory requirements, budget, and schedule (Already Complete). ■ Review applicable building and zoning codes, project -specific codes, covenants and restrictions, and utility availability. Anticipated deliverables: ■ Overall layout based on provided GPS data. DESIGN DEVELOPMENT PHASE ■ Refine the approved Schematic Design drawings to further describe the Trail's size and character ■ Anticipated deliverables: ■ Refined trail layout, amenity location and cut sheets, preliminary grading with ADA accessible routes defined. ■ Digital polygon data for final trail layout to enable impact analysis (by others) for shoreline permitting. ■ Estimated cut/fill quantities, limits and depth of disturbance, materials including any needed walls for areas inside of 200' shoreline jurisdiction as well as outside of shoreline jurisdiction. Big 1313 LANDSCAPE ARCHITECTS CONSTRUCTION DOCUMENTS PHASE Formalize the approved Design Development Documents into Construction Documents for a single construction phase that details the Project's construction requirements including: landscape grading and retaining walls and landscape construction details. CONSTRUCTION PROCUREMENT PHASE ■ To Be Determined. Additional costs may be required to develop specifications if needed based on the City's Requirements. CONSTRUCTION PHASE ■ Participate in a maximum of six Project site visits during a single construction phase with the Project's contractor and/or subcontractor(s) to generally review the progress of construction and to see if the work completed is generally consistent with the intent of Landscape Architect's Construction Documents. ■ Review required contractor submittals, such as shop drawings and samples, but only to determine if they conform to the Landscape Architect's visual and aesthetic design intent. ■ It is understood that changes in scope resulting from unforeseen conditions, price requests from the contractor, and/or requests for design changes directed by the Owner are not considered part of the Construction Administration Basic Services and will be addressed on an hourly basis. ■ Although Landscape Architect may observe and discuss potential problems, these visits are not construction inspections or a guarantee that there will not be construction deficiencies. CLOSEOUT PHASE ■ Landscape Architect agrees to provide services during the closeout phase that include periodic construction progress review and reports, a substantial completion report, final punchlist, back -check of punchlist, and 1-year warranty review of site work completed by procured contractors. We will also review contractor's Record Drawings for accuracy. ADDITIONAL SERVICES Additional services are not expected at this time. Additional Services and associated Fees are not a part of the proposed fee schedule for this agreement unless confirmed in writing. Additional services may include the following: ■ Alternative Cost Studies over and above project costing included in the basic scope of services. ■ Energy- and Life -Cycle Cost Analysis ■ Commissioning and Training ■ Enhanced Commissioning ■ Value Engineering participation and implementation over and above scope items as previously identified within. ■ Travel, over and above site visits, project meetings and workshops over and above scope items as previously identified within. ©o 1313 LANDSCAPE ARCHITECTS ■ Renderings and document reproduction ■ LEED services, over and above scope items as previously identified within. ■ Preparation and administration of landscape maintenance specifications and observing maintenance operations beyond 90 days after Substantial Completion. ■ Separate bid and construction packages, over and above scope items as previously identified within. ■ Professional Liability Insurance coverage over $1 million. EXCLUDED SERVICES Excluded Services are not a part of Landscape Architect's Basic or Additional Services and are the responsibility of others. Excluded Services include, but are not limited to, the following: investigation and testing of surface and subsurface conditions; soil nutrient testing, geotechnical evaluation and soil chemistry; soils compaction; lot line location; drainage; utilities' location; signage; lighting and the design of security components. SPW does not complete, and does not subcontract for Level 2 or Level 3 Environmental Audits. Add others if necessary. Landscape Architect agrees to provide its professional services in accordance with generally accepted standards of its profession as mandated by the State of Washington. ESTIMATED SCHEDULE AND PROJECT BUDGET Landscape Architect shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact the Project schedule and/or Project budget. Client acknowledges that significant changes to the Project or construction schedule or budget, or the Project's scope may require Additional Services of the Landscape Architect. COMPENSATION AND PAYMENTS Client agrees to pay Landscape Architect as follows: ■ Basic Services: $9,500.00 ■ Management Reserve: $1,000.00 (Not to be used without written agreement from client) Representing approx. 50 hours of labor ■ Additional Services: ■ Standard hourly rates: Principal Landscape Architect Landscape Designer Irrigation Designer Clerical As presented at a later date. $180.00 $150.00 $130.00 $120.00 $90.00 4 1919 1313 LANDSCAPE ARCHITECTS ■ Reimbursable Expenses are included in the above fee. Landscape Architect shall bill Client for Basic Services once a month. Invoices will be mailed to the Client's address on the first page of this Agreement, unless otherwise specified (either a different mailing address, or an email address for PDF invoices). Darren Teal Principal 6/27/2025 NATIONAL G E N E RAL INSURED: an Alstate company T.C. SHERRY AND ASSOCIATES P.S. PO Box 3199 • Winston Salem NC 27102-3199 Apt A 1908 W Northwest Blvd Spokane WA 99205 CITY OF SPOKANE VALLEY 10210 E SPRAGUE SPOKANE VALLEY, WA 99206 POLICY NUMBER: 2025820363 POLICY EFF DATE: 11/18/2024 POLICY EXP DATE: 11/18/2025 UNDERWRITING COMPANY: Integon National Insurance Company Date: 07/15/2025 CERTIFICATE OF INSURANCE 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 POLICY BELOW. This is to certify that the policy of insurance shown above has been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Limits shown may have been reduced by paid claims. CERTIFICATE HOLDER EFFECTIVE DATE: 07/15/2025 Type: Additional Insured Name: CITY OF SPOKANE VALLEY Type of Insurance Limits of Liability Provided Auto Liability: Scheduled Auto $1,000,000 Combined Single Limit Property Damage Included Other Coverages Provided Coverages Limits/Deductibles Hired Auto $1,000,000 Combined Single Limit Non -Ownership Liability $1,000,000 Combined Single Limit Cancellation: Should the above described policy be cancelled before the expiration date thereof, we will mail written notice of cancellation that complies with state statutes to the certificate holder named above, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. o C/IIC LLGlI 07115/2025 Authorized Representative Issue Date Email: CVService@NGIC.com • Fax: 1-800-405-4302 • Phone: (833) 408-5390 Visit us at www.MyNatGenPolicy.com 10316 (09012017) 1 of 1 THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 City of Spokane Valley 10210 E SPRAGUE SPOKANE VALLEY WA 99206-3682 Account Information: T.C. SHERRY AND ASSOCIATES, Policy Holder Details : P.S. DBA SPVV Landscape Architects July 15, 2025 E, Contact Us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 07/15/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NORTHEAST AGENCIES INC/PHS NAME: PHONE (866)467-8730 (A/C, No, Ext): FAX (A/C, No): 01214608 The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio, TX 78251 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURERA: Hartford Underwriters Insurance Company 30104 T.C. SHERRY AND ASSOCIATES, P.S. DBA SPVV Landscape INSURER B : Architects INSURER C : 1908 W NORTHWEST BLVD APT A INSURER D : SPOKANE WA 99205-3719 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD(MMIDDIYYYYI POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS -MADE Fx] OCCUR DAMAGE TO RENTED $1,000,000 PREMISES fEa occurrence X General Liability MED EXP (Any one person) $10,000 A X 01 SBABM7U7Z 11/18/2024 11/18/2025 PERSONAL & ADV INJURY $2,000,006 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY PRO- ❑ LOC JECT PRODUCTS - COMP/OPAGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) HIRED NON -OWNED F PROPERTY DAMAGE AUTOS AUTOS (Per accident) UMBRELLA LIAB X OCCUR EACH OCCURRENCE $1,000,000 A EXCESS LIAB CLAIMS - MADE 01 SBA BM7U7Z 11/18/2024 11/18/2025 AGGREGATE $1,000,000 DED I RETENTION $ 10,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY AT ER E.L. EACH ACCIDENT $1,000,000 A ANY YIN PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? NIA 01 SBA BM71_17Z 11/18/2024 11/18/2025 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below A Employment Practices Liability Insurance 01 SBA BM7U7Z 11/18/2024 11/18/2025 Each Claim Limit Annual Aggregate Limit $25,000 $25,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. RE: PROJECT: XC COURSE WARMUP LOOP. Certificate holder is an additional insured per the Blanket Additional Insured By Contract SL 30 32 attached to this policy. CERTIFICATE HOLDER CANCFI 1 ATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 10210 E SPRAGUE BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED SPOKANE VALLEY WA 99206-3682 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD INSURED: NATIONAL GENERAL an Allstate company PO Box 3199 • Winston Salem NC 27102-3199 CITY OF SPOKANE VALLEY 10210 E SPRAGUE SPOKANE VALLEY, WA 99206 T.C. SHERRY AND ASSOCIATES P.S. Apt A 1908 W Northwest Blvd Spokane WA 99205 POLICY NUMBER: 2025820363 POLICY EFF DATE: 11/18/2024 POLICY EXP DATE: 11/18/2025 UNDERWRITING COMPANY: Integon National Insurance Company Date: 07/15/2025 CERTIFICATE OF INSURANCE-- - 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 POLICY BELOW. This is to certify that the policy of insurance shown above has been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Limits shown may have been reduced by paid claims. CERTIFICATE HOLDER EFFECTIVE DATE: 07/15/2025 Type: Additional Insured Name: CITY OF SPOKANE VALLEY Type of Insurance Limits of Liability Provided Auto Liability: Scheduled Auto $1,000,000 Combined Single Limit Property Damage Included Other Coverages Provided Coverages Limits/Deductibles Hired Auto $1,000,000 Combined Single Limit Non -Ownership Liability $1,000,000 Combined Single Limit Cancellation: Should the above described policy be cancelled before the expiration date thereof, we will mail written notice of cancellation that complies with state statutes to the certificate holder named above, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Authorized Representative Email: CVService@NGIC.com a Fax: 1-800-405-4302 a Phone: (833) 408-5390 Visit us at www.MyNatGenPolicy.com 10316(09012017) 07/15/2025 Issue Date HIM