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07-084.00 Bernardo-Wills Architects: City Hall/City Center Complex Predesign• AGREEMENT FOR PRO FP }S 10 NiA L SERVICES Bernardo -Wills Architects, P THIS AC'iREEMENT is mode by and between the City of Spokane Valley. zi code City of the State of Washington, hereinafter "City" and Bernardo -Wills Architects, PC, hereinafter -`Consultant, "jointly referred to as "parties." IN CON S11)ER TI ON of the terms and conditions contained herein the parties agree as foIlows; _ Work to Be Performed. The Consultant will provide all labor, scrVices and Tn ate rial to satisfactorily coinplete the Scope of Services in attachment "A ". A. Administration_ The City Manager or designee shall ad iniMer and be the primary contact for Consultant. Prior to commencement of work. Constiliant shall contact the City Manager or designee to review the Scope of Work, sched4ile and date of completion. Upon notice froin the City Manager or desiVicc, CORSUItaTlt shal I commence work, perform the nequcsted tasks in the Scope of Work. stop work and promptly cure tiny Failure io pertormance under this xgreernent. B. Representations, The Cily has relied upon the qualifications of the Consultant i 1 entering into this agreement. By execution of this agreement, Consultant represonts it possesses the ability, skill and resources ncf; ss pry to perforin the work and is familiar with all current caws, riles and regu lotions which reasonably rela4i: to the Scope of Work. No substitutions of agreed upon personnel shaII be �nzide without the written consent of the City. CBIlSLiktallt shall be responsible for the technical acc4iracy of its serk+iccs and documents resulting thcretrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such Diction is directly attributable to deficiencies in City furnished inforrnation. C. Mod i Re at ons_ The City may mod fy this agreement and order changes in the work- whenever necessary or advisable. The Consultant will accept modifications when ordered in riling by the City �M tin ager or designee_ Compensation for such moditrcations or changes shall be as mutually agreed bct een the parties_ The Consultant shall make such revisions in the work its are necessary io connect errors or omissions appearing Iherein When required to do so by the City without additional compensation. 2_ Term of Contract. This agreement shall be in full Force and eMct upon execution and shall remain in effect until completion of all contractual requirements hake beefy in et. Either party may term in ate this agreement by ten days written notice to the other party. In the event of such termination, the City shall pay the Consultant for all work previously atrthori -&d and satisfacturily performed prior to the termination date. 3. Compensation. The City agrccs to pay the Consu pant at the hourly rates in attachment ` °A" not to exceed a total of S75.000A as fuII compensation for everything done under this agreement. 4. ilaymcnt. The Consultant shall be paid monthly upon presentation of an invoice to the City. Applications for payment shaII be sent to the City CFlerk at she below stated address_ Agreement for Pro fcssiwinI Services ?Age I of 07 -84 0 0 The City reserves the right to withhold payment under this agreement which is determined in the reasonable judgment of the City Man zi fter or designee to be noncompliant with the Scope of Work, City Standards. City ordinances and federal or state standards. Notice. Notice shal l 1)e given in writing as follows. 'ro THE, 421TY- TO TH:F CON SULTANT: dame: Christine Bainbridge, City Clerk Name: Bemardo -Wills Architccts, PC Phone Nktmber; (509 )921 -1000 Phone Ni urnber; (5 09) 838-451 1 Address: 11707 Gast Sprague Ave, Suite 106 Address: S. 107 Howard, Fourth Floor Spokane Malley, WA 99206 .9pokane, WA 99201 6. A0ulicahie Laws rind Standards. 'fhe parties, in the performance of this agreement, agree to comply with all applii~Wie Federal, State; local la�vs. ordinances, and regulations. 7. Re IationshiP of the Parties. It is understood, agreed and declared that the Consultant shaII be an independent Consultant and not the agent or employee of the City, that the City is interested in only the rusuit's to be achieved, and that the right to control the particular inan nor, method and means in which the services arc performed is solely with in the discrvion of the Consultant, Piny Land all employees %vho provide services to the City under this {tgrt:ement shall be deemed employees solely ol'thc Con sultanC_ The Consultant shall be solely responsible for the conduct and actions of al I its employees under this agreement and any liability that ratty {i11ach thereto_ S_ Ownership of Documents. A I l drawings, plans, speeiFictttiorts, and other related documents prepared by the Co31 SUIt1tnt kinder th is agreement are and shall be the property of the City, and may be subject to disclosLire pursktxnt to RC W 42 -56 or other app] icable public record laws_ 9_ Record& The City or State Auditor or any of the ir representatives shall have bill access to and the right to examine during normal business hours all of the Con sultant's records with respect to all matters covered in this contract_ Such representalivf�s SIN aII he perinJtted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, Invoices, materials, payroI19 and record of matters covered by this contract for a period of three years from the date Finial paynxent is made hereunder, 10. Insurance, The Consultant shall procure and ma ill I a in For the duratiott of the agreement, insurance apinst claims for inj urieS (U persons or damage to property which may arise from or in connection with the performance of the work hereunder i)y the Consultant. its agwnts, representatives, or employees, Nfj Limitation. Con sttl rail t's maintenance of insurance as required by Ihi~ agrcetnent shall not be construed to Iimii the liability of the Consultant to the coverage provided by such insurance, or othcr%.wisc I i m it the City's reco Luse to any rernudy aivaiIable at law or in equity. A_ Minimum *.,'cope of insurance. Consultant shall obtain insurance of the types described below, _ Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles_ Coverage shall be writti~n on insurance Services Office (ISO) form A 00 01 or a substitute fonn providing equivalent liability coverage. if necessary, thu policy shall be endorsed to provide contramal 1ialiIity coverage. AUMUmen[ for Professional Services Page 2 of . Commerejal General Liability insurance shall be written on 180 occurrence foron CG 00 01 and shall cover liability arising From premises, operations, independentcontrac tors and persenalinj tiry and advertisinginjury. The City shall be named as an insured under the Consultant's Commercial QJeneral Liability ins uramce policy with respect to the work performed for the City. 3_ Workers' C'ompensaiion coveragw as rcquircd by the industrial Insurance laws of the State of WashinglorL. 4, Pr•ofawionol Liability insurance appropriate to the onsullant's profession. B. Minimum Amounts of insurance_ Consultant shall maintain the following insurance limits; _ Automobile Liability insurarnce %vith a rniniinwin combined single limit for bod ily inj ury anti properly dsrnagc of $1,000,000 per accident_ 2. Commcreiul General Liability insurance shaII be written wilh limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate_ 3_ Profe.s.siona� Liability insurance shall be writwo with Iiinits no less than $1,000,000 per claiin and $1,000,000 policy aggregate limit_ C. Other Insurance Provisions, The insurance Vol icier are to contain, or be endorsed to contain, the follov -ring provisions For Automobile Liability, Professional Liability and Commercial General Liability insurance-. 1 _ The Consultant's insurance coverage shal I be prittmary insurance as respect the City, Any insurance, self - insurance, or insurance pool coverage maintained by the City shat l be excess oF1.hc Consultant's insurance and shall not contribute wiIh i1. 2. Cancellation of Co nsuItant's insurance sha]] be governed by either; a_ the pol icy shall be endorsed to state that cover-age shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receil)t requested, has been given to she Oily, or b. the Consultant shall provide at least 30 days prior written notice by certified mail. return receipt requested of a cancellation, D, Acceptability of I'll surers, Insurance is to be placed with insurers with a current A. M. Best rat incy of not less than A; V I'll. E. Evidence of Coverage_ As evidence of the insurance coverages required by this contract; the Consultant shall tun)ish nceptable insurance certificates to the City at the time the Consultant returns the signed contract_ The certificate shall specify all of the parties who are add itionaI insureds. and }wi I l include applicable policy endorsements, and ft deduction or retention level. Insuring eompan ies or entities are subject to City acceptance_ if requested, Agree1nent Fnr Professional Scrwiccs Page 3 of 0 0 complctc copies of insurance policies shall be provided to the City. The Consultant_ sha] I be financially responsible for ull pertinent deductibles, self- insured retentions, and/or self- insurance, 1 1- Indemnification and Hu k1 Harrnless. The Consultant Shall defend, indeinnify and hold the City; its officers, officials, employees and volunfecrs harinless from any and all claims, injuries, damages, losses or suits including attortey fees, arisino' out of or in connection with the performance oFthis agreement, except foe injuries and damabcs caused by the sole ne &ligence of the City. Shoo Id a court of competent jurisdiction determine that this AITreement is subject to RCW 4 -24 -1 l 5, them, in the eve nt of I iab i I i ty for damages arisinT outofbodiIy injury to persons or damages to property Cakised by or resu Ming from the con 4urrent ne¢ligence of the CottsuItant and the City. its officers, officials, employees, and voItinteers, the Consultant's liability hereundershal1 he only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the onskiltanfs waiveer of immunity under Industrial Insurance, fitle Sl RCW. solely for the purposes of this indeinn ifucation. Th is waiver has bee n.mutuaIly negotiated by the parties. Tltc pmvisions of th is section shall survive the expiration or termination of the agree men i. 12. %Vuiver. 390 t)Mcer, ern pIoyee, agent or other individtial acting on behal f oFeithcr party has the power, right or authority to waive any of the conditions or provisions of t.his agreement - '!o %vaiver in one instance shall he held to be waiver ofany other subsequent breach or nonperformance- All mined ies afforded in this agreement or by faw, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failurc oFcithcr party toenforce at any time any of the prov isi ons o f I his agrcemcnt or to requite fit any time performance by the other party ofany provision hereof shall in no way be construed to be a waiver of such provisions nor shall it af-ect the validity of this agreement or any part thereof 13. Assign m en t a nd Do I e atinn. Neither party shalIassign, transferordeIegate any oral1of'the responsibi Pities ofthis agreement or fhc benefits received hereunder without first oblaining the wriffcn consent of the other parry. 14. Subcontracts. Fxi�ept as otherwise provided herein, the ConsuftaFit shall not eliter into subcontracts fur piny of the work contemplated under this agreement without obtaining prior written approval of the City, 5. Confidentiality. Consultant May, from tune to time, receive information which is dmrncd by the City to be confidential- Con 9ultallt shall not disclose such information without the express written consent of the City or upon order of a Court of corripetcntjurisdiction- 16. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Wash ington. 17. Cost and Attarncv's Fees. In the e %rent a la "Nuit is hrought with respect to this agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute, Coll sktltant's attorney fees payable by the City shal l not exceed the total skim amount paid under this agreement- 1$. Entire Agreement. This written a ;rcemcnt constitutes the entire and complete agreement bet %veen the parties and supersedes any prior oral or written agreements. Th is agreement may not be chang-ed, mod if or altered except in writing signed by the parties hereto, Agreement for Professional Services Page 4 of 5 19. Anti- kickback. No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement shall have or acquire any interest in this agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this agreement. 20. Business Registration. Prior to commencement of work under this agreement, Consultant shall register with the City as a business. 21. 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. 22. Exhibits. Exhibits attached and incorporated into this agreement are: 1. Scope of services 2. Insurance Certificates 1N I ESS WHEREOF, the parties have executed this agreement this 4 day of 2007. C:, Y KANE VALL Y: David Mercier, City Manager ATTE : (Ic ritine Bainbridge, City Clerk Consultant: Bernardo -Wills Architects, PC Owner Tax ID No. -- REDACTED — APPROVED AS TO FORM: . Office of ge City Attorney This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. 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. Agreement for Professional Services Page 5 of 5 0 0 ATTACHMENT A In accordance with our recent meeting, our understanding of the project, and the original Request for Proposal #t07 -018, we are pleased to offer the following fee proposal and interim agreement for the Phase I Pre - Design Services for the referenced project: A. Project Description: The project will consist of a +/- 60,000 sf City Hall /Municipal Building and City Center complex tentatively located on the former 30 acre University City Shopping Center site. The program for the project will be as generally outlined in the RFP and further defined during this Pre - Design Phase and include the program needs in the current City Hall as well as expansion and future new program areas and functions. The City Hatt project is expected to a part of the proposed mixed use City Center development. As currently envisioned, the City Center will include the new City Hall building, +/- 50,000 sf Spokane County Central Library, outdoor public plaza /open space, and a to -be- determined mixed use private development component consistent with conceptual ideas developed as a part of the Sprague Avenue Corridor Study authored by Michael Freedman. The size of site allocated to the City Hall and /or Library is not determined and whether or not these two buildings are adjacent to each other, share any parking, open space or infrastructure, or how the City Hall relates to the overall City Center project is also not determined. B. Scope of Work for Basic Services: The intent of Basic Services is to perform selected pre - design tasks in conjunction with the Owner, the Owner's Sprague Avenue Corridor consultants (i.e. Michael Friedman, ClearPath), and others (Library, U -City Ownership and/or City Center Developer) to move the project forward through an interactive programming and design process with the City staff and City Council to further define the program, nature and characteristics of the project as well as build consensus among the project stakeholders. To move the project forward, the following general tasks are expected: 1. City Hall Programming: This task identifies the requirements of all interior and exterior spaces and uses that are a part of the project and will include the following: a) Documentation: Assist the City in the documentation and inventory of existing facilities including identifying existing programs /departments, general furniture/ equipment needs, number of personnel, technology requirements, and public /private spaces. b) Space Needs Analysis: Prepare Room /Department /Public Area worksheets for the City to evaluate its present and future needs. This includes room size, functions, adjacency needs, number of staff, flexibility requirements, finish quality requirements, technology requirements, furniture and equipment, etc. This information will serve as the basis for conceptual floor plan diagrams. 2. Concept Floor Plan Diagrams: Prepare conceptual floor plan and adjacency diagrams that illustrate building organization (horizontal and vertical), sizes, adjacencies, expansion needs, limitations, traffic flow, prototypical workstations and offices, etc. This work includes indoor and outdoor functions which coincide with the Preliminary Site Plan. 3. Preliminary Structural, Mechanical, It Electrical Engineering Narratives: Brief narratives describing proposed structural, mechanical, plumbing, fire protection, and electrical systems with the intention of establishing system expectations and budgets. 4. Preliminary Cost Estimate: Programming level cost estimate based on square footage costs of similar facilities factoring in geographic location and escalation based on anticipated project schedule. Estimate will include building construction, site and off -site improvements, design fees, furnishings, etc. 5. Site Master Plan Review: Provide review comments to City Center Site Plan developed by Michael Freedman. 6. LEED Analysis: Brief narrative describing the Leadership in Energy and Environmental Design (LEED) and United States Green Building Council (USGBC) programs and how they may be applied to the City Hall project. Results of this task will assist in establishing the Preliminary Project Budget. C. Fee Proposal for Basic Services: The exact nature and extent of our services is difficult to determine because much of our work is in response to demands from the City, stakeholders, and other influences beyond our control. We can provide you with the most cost - effective services if our fee is based on our attached standard hourly rate schedule with provisions for reimbursable expenses with the following budget: 1. For Tasks 1 through 6: Hourly not to exceed $75,000.00 The fee listed above is based on the scope of services described herein and the assumed project schedule. If the scope of work and /or schedule changes during the course of the project, the fees can be adjusted as appropriate. The fees also assume that the City will provide timely decisions, information, and approvals during the course of the work. The above is an estimate only and the hours may fluctuate between tasks as the project becomes more defined. We will invoice monthly and if all tasks outlined above are undertaken, will not exceed $75,000.00 (including reimbursable expenses) without your prior approval. D. Time Schedule: To be determined. E. Reimbursable Expenses: The following costs are directly associated with the project and are invoiced as reimbursable expenses at 1.10 times our direct costs. • Photography, CAD plotting, printing, reproductions, postage, and shipping • Fees paid to regulatory agencies for project review • Transportation and travel expenses F. Hourly Rates: The attached Schedule of Hourly Rates applies for this project and the following BWA /GGLO staff members are expected to be involved in tasks listed. Principal involvement will be an ongoing tenant of our work with the City and BWA and /or GGLO Principals will be involved throughout the project and attend key meetings and presentations as well as be personally involved in preparing work product on selected tasks. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The section entitled "F. Hourly Rates" 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. 0 5upportf Review: e. Cost Estimate: Primary; f. Site Master Plan Review: Primary; Support: g, LEER Analysis, Primary: Support/ Review; Gary Bernardo, Principal, BWA $160.00 Tom Sheldon, Principal, GGLO $220.00 Gary Bernardo, Principal, BWA 5160. 0 Reen Et Associates $125.44 Gary Bernardo, Principal, BWA $160.00 Tom Sheldon, Principal, GGLO $270.00 Matt Jacoby, Associate, BWA $95,00 David Winans, Project Manager, GGLO $130,00 Beth Dwyer, GGLO $130.00 David Winans, Project Manager, GGLO $130.00 Gary Bernardo, Principal, 8A $160.00 Matt Jacoby, Associate, BWA $95.00 Adlk ACORD CE FICATE OF LIABILITY INSURANCE BBRNA D w 1AiIDOm1 DATE (A0/24/07 PRODUCER THIS CERTIFICATE I$ ISSUED AS A MATTER OF INFORMATION LTLt ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Andre- Romberg Ins. Agency, inc S. 400 Jefferson St., Ste. 333 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ICYEFFEC DATE MMNOKYI DATE jlriYlDD1YY) Spokane WA 99204 Phone:509 -624 -3291 Fax:509- 456 -0294 INSURERS AFFORDING COVERAGE NAICr IRSLIRED INSLAERA: C014TINENTAL CASUALTY INg,.FER B. S K=r4 iQv PREMISES (Ee oD"emp ) Bernardo -Wills Architects Mr. Robert Wills 04SLFER C: WS,, r&P D; 107 S Howard Ste 420 Spokane WA 99201 INs:LPZR r_: 7ME POLICIES OF IRSURALdCEE Lt5TED SELOW HAVE BEEN ISSUED TO Tt•F DISLIKED NAA101) ABOVE FOR THE POLICY PStICO W YCRTED. NO7WnSTUNDWG ANY REQUIREMENT, TERM OR 0ON7ITDON OF ANY CONrtAL'T OR OTHER- :)OaMENI' V,(n RESPECT TO WHICH THIS CERTIFICATE NAY BE ISSUED OR MAY PERTA.`L, THEE INSURANCE AFFORDED BY TI£ PCMICIES DESCRIBED HFREIN 15 SLS.IECT TO ALL THE M:NIS• EXCL1USION5 AJMD COPYOI *S OF SUCH POLLCIES. AGGREGATE LIMITS SMOWIM MAY HAVE BEEN REDJCED BY PAIDCLNIT-5. LTLt NSRD TYPE OF INSVRAJtCE POLICY NUMBER ICYEFFEC DATE MMNOKYI DATE jlriYlDD1YY) LIMITS REPRES-G1TTATIVES. 9 ALIT •D R PRE TTVE SEVERAL LIABILITY �1 j EACH OCCLIRRENCE S K=r4 iQv PREMISES (Ee oD"emp ) S COMMERCL4L GENEW4. UASILITY CL4IS5 MADE F] OOCLIR mE D E;xP I" au pwsco1 S PERSONAL & ADVINJURY S GENERALAGGREGATE Is GENL AGGREGA.TE LIMIT APPLIES PER PRODUCTS- COI.R.'OPAGG S POLICY LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (F.c oodOct!) S BODILY INRRY (Pat ;W=11 S ALL OV4,ED ALTOS SCHEDULEDAUTOS BODILY INJ_RY (Per ocaaiaC) S HIRED AIi OS NON- Ch4T�ED PLITQS ' PROPERTY OANAGE (PMT s- ..cklem) 5 GARAGE LIABILM ALITOONLY - EA ACCIDENT S OTHER 1%-" E4.Azz S .VYe ALTO S MJTOONLY. AGO EXCESSIUMBRELLA. LLUMLITY FLUCH OCCURRE1tCE S OCCUR El CLAUS MADE AWREGATE S S S DEDUCTIBLE $ FETSWION S WORKERS COMPEN.,ATION AND u TORY LIMii T$ d i E.L. EACH ACCIDENT 14 EMPLOYERS' LIABILITY AXY PROPRIEIOP)PARTPJEPJE)tECVTI. "E EL. DISEASE • to GWLOYEL• S OFFICE UF,%Q:-:R 9XCL UDEDD 11 yes, devsi1M mdar SPECIAL PROVISZO.Sbet. E.L. DISEASE - POLICY LIMIT I S OTHER A PROFESSIONAL LIAR AEA113754457 IRETRO 02/01/07 02/01/08 LIABILITY 2,000,000 DATE 1 -7 -1992 RETEPITION 25,000 DESCRIPTION OF OPERATG]NS I LOCATIONS L VEHICLES I EXCLUSICItS ADDED BY ENDORSEMENT I SPEC" PROVIMNS PROOF OF INSURANCE FRTIFIrATF 1401 nFR CANCELLATION CITYOFS SHOULD.ANY OF THE ABOVE DESCRIBED POLICIES BE C.44CELLED BE:FOR£ THE EXPIRATION DATE THEREOF, THE t"SUIIIG QLSURER WILL FNDEA1.'OR TO MAIL 30 DAYS A'RnT'FII NOTICE TO THE CERIVICAIE HOLDER NAMED TO THE LEFT. BUT FAILURE 70 00 $O SMALL CITY OF SPOKANE VALLEY IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 11707 E SPRAGUE AVENUE STE 106 SPOKANE VALLEY WA 99206 REPRES-G1TTATIVES. 9 ALIT •D R PRE TTVE �1 j ACORD 25 (7001MEI) MssA-VKLs LunruRA1IuN Tys:a IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holdef in lieu of such endorsement's). If SUBROGATION IS V- JAIVED, subject to the terms and conditions of the policj, 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 The Certificate of Insurance on the reverse side of this form 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 aftef the coverage afforded by the policies listed thereon. ACORD 25 (2001108) P_ 'I AC-ORD. CE FICATE OF LIABILITY INSURANCE BERN � jum °'12' ' 100//24/07 PRODUCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Andre- Romberg Ins. Agency, Inc S. 400 Jefferson St., Ste. 333 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TY?F OF RN ^uUR/WCE POLICY NUM�R Spokane WA 99204 Phone:509 -624 -3291 Fax:509 -456 -0294 INSURERS AFFORDING COVERAGE NAICN INSURED INSURER;: CNA Insurance Companies 35289 INSURER B: EACH CCC RM�, CE Bernardo -Wills Architects Mr. Robert Wills INSURER c: s300000 INSILIRERD: X 107 S Howard Ste 420 Spokane WA 99204 INSURER E. 11/01/06 CAUFRAI :FS THE POLICIES OF LIM:' NNCE LISTED BOLOW RAVE BEEN ISS•JED TO TIE INS RED MWED.ABOVE FOR THE POLICY PER100INDICATED NOT.'MHS7N1aNG ANY REOU:RFN 1T, T0dN OR CONIMION OF ANY CONTRACT OR OTHER DOCUMEJT WTIH RESPECT TO WHICH THIS CERTIFICATE NAY BE ISSUED OR NAY PVZTAIIJ. THE WSll A4,ICE A=F01:DED SY THE POLICIES DESCRIBED HEREIN Z SUBJECT TO A,11. Tlf TE RNIS, EXCLUSIOfv.WJD CONDITIONS OF SUCH POLICIES. AGGREGATE LINJ iS SHOWN MAY RAVE BEEN REDU(ZD BY PAID CLAIMS LTR NSR . TY?F OF RN ^uUR/WCE POLICY NUM�R ���� DATE (MMIO®IYYI DATE (I:i 0D/YY) LIMITS REPResENTrArnES. RFPRES TPIE GENERAL LLABILF-PY EACH CCC RM�, CE $ 1000000 1` P I"ISES(Eeocarznce) s300000 A X X COWE:CIA_GE1,v:0LUA3ILn1 2072475103 11/01/06 11/01/07 NED EXP (Ary one Far=i) $10000 CLAWS MADE F;<] OCCUR ?ERS'JNALS.ADVINJURY $ 1000000 GENERALAGGREGATE s2000000 GEHLAOGREGATEE LIMIT APPLIES PER: ?ROD11Gi5 -CO. PaGG 32000000 POLICY X 1•FCT �� LOC A AUTOMOBILE LLABILITY AM AUTO 2072475103 11/01/06 11/01/07 COMBINED SING? E LII/JT 'Fo"COM $1000000 BOOILY INJURY IPor Porr4n) f ALL OOM(EDAW 06 SOLDLLED AUTOS BODILY INJURY (Pet eccidoll $ X K+W AUTOS X N10iFEYM4ED,ALffOS PM>ERTY DAMAGE (Pot eecidert) S GARAGE LIABIUTY AUTO OILY • EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO $ H AUTO OW. AUG EXCESS,'UMBRELLALIABILITY EACHOCCUZREIY._'E s 1000000 AGGREGATE $1000000 A X OCCUR F7 CIJVMsPAADE 2072475067 11/01/06 11/01/07 s 5 DED- C'TTELE $ X F£TIIVTIONN e 10000 WORKERS COMPENSATION AND TOFN I.II.:ITS X I ER EL ENCIIACC1DEK s 1;000,000 A EMPLOYERS'UABLITY ANY PRO ?RIETOPjP4ri wAs*Cunve CFFICFAN 3�L—=R F%CCLLOE07 2072475103 STOP CAP 11/01/06 11/01/07 E L. DIV-4SE. EA EMPLOYEE s 1,000,000 E L DISEASE. POLICY LIMIT I s 2 , 000 , 000 II yes, dncrim mdnr SPECIAL PROVISIONS blow OTHER • PROPERTY 2072475103 11/01/06 11/01/07 EBL 1,000,000 • EMPLOYEE BEN LIAB 2072475103 11/01/06 11/01/07 DESCRIPDOIJ OF OPERATIONS I LOCATIONS I V'FHILRES 1 EXCLUSIONS ADDED BY FNDORSEM01T I SPECIAL PROVISIONS CERTIFICATE HOLDER IS ADDITIONAL INSURED WITH RESPECTS TO THE CITY HALL PRE DESIGN PROJECT. (`CGTIGN"ArC Ifni T1FR CANCELLATION CITYOFS SHOULD AM OF THE ABOVE DESCFLiED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER V.7ILL ENDEAVOR To MAIL 30 DAYS 1'1RI TEN NOTICE T'0 THE CERTIFICATE HOLDER NAMEO TO THE LEFT, BUr FAILURE TO DO SO SHALL CITY OF SPOKANE VALLEY IMPOSE NO OBLIGATION OR LIA9ILnY OF ANY HIND UPON THE INSURER, nS AGE14TS OR 11707 E SPRAGUE AVENUE STE 106 SPOKANE VALLEY WA 99206 REPResENTrArnES. RFPRES TPIE ACORD 25 (2001108) CSIHLURU I.URruKKI IUIV Doty IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negath /ely amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 ( • • SS- 146968 -A CNA (Ed. 01 rob) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE 8 BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the Businessowners Liability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the 'bodily injury," "property damage." or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follov, -,: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the N written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured_ 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not s= —_ in addition to, the Limits of Insurance shown in the — Declarations. B ,s 3. The coverage provided to the additional insured c within this endorsement and section titled ° LIABIUTY AND MEDICAL EXPENSE DEFINITIONS – "Insured Contract" (Section F.9.),kr,ithin the Businessowners Liability Coverage Form, does not apply to "bodily injury' or "property damage" arising out of the "products- completed — operations hazard" unless required by the written contract or kwitten agreement. SB- 146968 -A (Ed. 01/06) 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing; approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to "bodily injury," "property damage,' or 'personal and advertising injury" arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. C. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS – Duties In The Event of Occurrence, Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the follovring: An additional insured under this endorsement Mll as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; Page 1 of 2 • 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Parl; 3. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part, We have no duty to defend or indemnify an additional Insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. OTHER INSURANCE (Section H. 2. & 3.) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any, other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional Insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. 3. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured SB- 146968 -A (Ed. 01106) • SB- 146968 -A (Ed. 01106) against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, it any, that exceeds the sum Of-, (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the Businessowners Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against vrhom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or `your work' done under a contract with that person or organization and included within the "products- completed operations hazard." Page 2 of 2 Veri fy NVork:ers' tnp Prernium Status - Employer Liability Certificate Wasti ngton State Uepartrnent of � r Labor and Industries Department of Labor and Industries Employer Liability Certificate Date: 10/23/2007 UBl #: 601 31.7 114 is Page l of 1 Employer Liability CcrtiGcnte Legal Business Name. BEPI\'A.RTDO `�-'TLLS ARCI.IITECTS PC Account #: 509,775 -00 'Doing Business As' Name: BCRI\IA DO WILI,S ARC'li *l:3`ECTS PC Estimated Workers Reported: Quarter s" of Year 2007 "21 to 30 Workers" (See Description Below) Workcrs' Comp Premium Status: A.ceount is current. irirtn has voluntarily reported and paid their premiums. Licensed Contractor? No Account Representative: T6 / 13ACNAM DO (360)902 -472 - Email: BACN1235@1ni.wa.gov What does "Estimated Workers Reported" mean? Estiniated workers reported represents the number of full time position requiring at least 480 hours of work per ealcndar quarter. A single 480 hour position may be filled by one person, or several Dart time workers. Industrial :Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates or limitations of coverage. (See -C -NV 51,.12.050 and 51.16.190.) City Of Spokane Vllashington words at per word Total No r 11707 East Spr.ague Spokane Vatley Washington 99206 No. Lin`es� at Qer line Total No. Column in at qer Col. In. Total $2�0.00 AF�IDAVIT OF PU�LICATIO�N STATE OF WASHdiVGTON, County of Spokane Kelly,•,McGiliis being duly, z sworn, says that he is tFie �Classified �ad Manager of the C��l a� SpO�C'd1'M� Va��@�/ Local News Jourrial Of,Business ,which is a Pub1�c VO%rics Depa�trnent Bi- Weekiy regularly at� Requ�rt 16r Pt�o�sals (RfP) �T-018 newspaper.published and issued, Arcfiit�eciunal ond Engin�ering Services for City Hall Spakane_ i Spokane eounty. The City of Spokane Vall�r �s s�eking a qualifed State-� of Washington arid is of �gene,ral circulation� in said county and state, architecturaf and engineering tonsultant team�to pr�vide that tlie Classified ad programming, des�gn. and cor�sG�uct�on services for- ihe of which tFie one hereto CIEy of Spokane Vtalley's City Hall facijity. The projeti wi(I .attached is a�true a�nd corr,ect, was published in said newspaper (r�clUde�all the programs at the cument City Hafl,locaUon once a week for -Two on �Sprague Avenue including space far the �expansion l of exls��g programs and fuwr+e new prograrfis.` The wee4cs, being putitished 1 consecutive times, project�is�anticipated�to be�a-part of ttie propos�d Crty I �rst publication being on the. 28 th day oi �u�Q �a 07 Center currentty beMg ptanned near the Sprague and July 20 �7 Univ�rsity area. �.and the� �{ast on the day ot Th+� programmlrig servtces wiN tiegin as soon as�passible: The de:sign and cot►struction serv�o� subject co t�e That said� was published '+n the regular and entire issue of every numbe��of dete�minadpn of project� funding and flnal setettion of said newspaper during said period _and times of publication, that said notice wa"s. a projett s3t�e: The City antidpaics that trie scope of I published in the n,e,wspaper proper and not in,a supplement; that the.cha�ges work to b� pr�avEded by the Consultant will indud� but not Ilmited to, Pre=�?esign Servic�s, Schematic Des�g1�►, heron made, are, at� the regular �ates charged for �such advertising, and that the D�sign Devetopment, �onsb�ucilor► Documents 8idding same or any'pa�t�thereof has not been�paid. or I�iegotiatton, and Adm�nist+ation•of the Conscructlon COntT'dCt w For a compl�t"e copy of. ttie RQqueSt for Propasals (RFQ) S`ubscribed and swom to �beto�e,�me this 27th oi June �2 07 :t�07-018; Pubtic V1lbrks C}�paranent, Archl�ectura! and Engineer�ng S�rvices for Qty Hall. see the Cfty's w�bslte �at www.spokanevall+� or cor�tact Carofyr� George, F Cii,y of S�okane Valle�r Public Works �epartmen� at (509) 688-0198, orcgeorge�Spokanevalle�}►.org �O��SS O`� O N� ry Public iniand tor _'State.af Washingtv of Spokane Valley encourag�s disadvanCaged minoNty. a�nd �aome+rrrnvr�d�consultant��rms to respcand. v NnT�Ry m N C��(/� v, Int�nest+ed f�rms should submit an originaf proposaf pfus four (4' duplicate coples. not late� t�an 5:00 p.m. Re�iding�at ,�'f Gt�l local time. Thur�tla J�t ?�6, 2CtQ7= All ro osaEs sfiall �j Y Y P F ���T15.� become the property of tt�e Clty of Spaka�e Vallc-�r-- C�tristlne �af�bridg�. Ci°'�C Sjrr,,f�m� t4�yC�.r"h Uartt r• ��4 i SUPERIOR COURT OF WASHINGTON FOR SPOK:ANE COL;fNTY In the Matter of: ItEQUEST F�R PROPOSALS (RFP) No. #07-018 Architectural Engineering Services AFFIDAVIT OF PUBLISH.ING for City Hall NOTICE STATE OF WASHINGTON )ss. County of Spokane CRAIG HQW D being 6rst duly sworn on oath deposes and says that he is the EDITQR of The Spokane Valley News Herald, a weekly newspaper. Thatsaid newspaper is a legalnewspaper and it isnow and hasbeen for more thansix months prior ta tfie date of the publieation hereinafter referred bo, published in the finglish lac�gunge rnntinuaUy as a weekly newspaper in Spokane County, Washington, and it is now and during all af said time was printed in an offioe maintained ot the afor�said plaee of publiration of said �ewspaper, which said newspaper had bean appraved as a legal newspaper by order of the Superior Court of the SEate of Washingfian in and for Spokane County. That the fallowing i� a true aopy of a pub natice as it wos published in regular issues mmmencingon the 29th �y of,June- 200�, and endir� the �h dav of Julv. 2Q07 all datesinclusive, and that such aewspaper was negulazly distr�bubed to ib subscnbers during all of said period: ctdr spol�an• vail.�r Put11IC WbrM O�ertnya�tt Roquoat tm Pro�oaals (RFP� /t07�fits c� �Wur�l and Engirt$ering Scuvlces �or SUBSCRIBED and SW to before me ,n���►ms�v�r���Rea�,,r�o this 13th da� of Tulv" 2007• arcncm6ta,ta� and ang�rm�t� aonsutte,+t b.1a�+►to se��:►ta►��a�Sp�ne�fl���n teo�T►►�v�a+�a�eaiu�s�a�� Stabe of Washington the aurr�t GM kan 1o�n en sproeuoAvem�s County of Spokane �ndumng �pa�o fvr 1�u a�cpanssE�n at ewsilnp propramu s�n� tutiuna ��r 9r�9rarrt�. Tho proJeai ��,�a�roa ��,a ar u� r,�y I cerhfy that I knaw or have satisfactory evidence that Craig Howard is the person who ap ared before and llittvera►ty araa m�►����,��ire���r�� me, and said person aclmowledged at he signed �d pAE yr this instrument and acknowled ed it to be his free a� s�,a�s c� me a�nn�� a+s� runa� g �r a c�y n and voluntary act for the uses and purposes men- ���������c���� u,o c,�nwua�: w;it m��, a� nm+c� tioned in the trumen co. Pre-er.�!&n �vizc�, die�rtatls oostgn, ?ARY C�ian Da�mant Can�trttc�o� Qaa�cr�tflts p0 Cort��tuatian arN/�dndnE�tiaf+ ailh+� Z Faao�e�y�u�► N jolene Rae W tz �a�of�y�ie.�w�s d w� c�a �i� ��r Gh► r�. 4l t6, �0 Title: Notary ubli ��re �F �F'W A e��j'►� My appointm nt expires: 5-16-11 a��,�r�����r.o� T��c�ri V a� v�� $n�s�� ��ti-���t��. u�r�r.rt-�v�n�rd car�ufl�nt err� m.rt�r+ty. tt�l w ra,��nd �nl�'es.�.sd firr� �u'� tu�m,t afl �t�,�r�) Rts�s f�w C4I duRlfca'.o �a�r:�, rt�i L� 11can 6.�9@ 8dn. b�e.i �rr� 11+u�'� J�ciy 28. �7 A!l pto�nf� �I�ll pra -�l tRa �ty �1 s�mkaite 11�::e3/ CMlslit� �in�bdq�t, �11�� S�k.7ht� 11�►ley Cstq Clc� �IEH: �fa. 7� 13 Cii� of Saukane Vall�r Publ�c Works Oepartment. RequeStforPraposals (RFP) �01=018 �Arahftectur'al and Englneerjng Sstvice's forCity 11a11 Ti1e Gfty oi Sp�kane'Vai- I�r is s�ekmg a ;qualified archit�ctural �nd engj= nesring consuttant ieam 10 provide� pfog�amming, dest�n, and canstrucli�n s¢rvices. �or t;lie 'City of �S�okane Velley's City,-Hall facility. The praject will inalude all ttie prog�ar�s at Ehe ctlrrent Citq Hall (ocatlon �on Spragile Av�- nue inc�ud rig� spe�e ;for "Federal Tax ID No. 1 the expans an ot �icr�tmg ,programs�and future new AF�IDAVIT OF PUBLICATION� �p�bgrems. TfiE project ;s� �anficipaied iq� t�;a �art ot the� pro�osed Gih► Cen S�ATE OF W/B1SI�IfdGTOP1 �ter nurrently bging .plan- ned nesrthe Sprn�ue•and� County of Spokane, ss. ilnlvet'�ily area. me pra$r�inming s�n,= Idame: City of Spokane Valley Acct: 42365 iQes �wili i��in �s ss�n as passible. The d�sign and P.O.: (RFP) #07-018� ido Lines: ,84 tonstrUation �servi�s are subj�t�t� the'deterntina- ticn� df �ro�ecE fuiidin�'. Total Cost:. 876.96 Log No.: SR14246 and tin�l sel�ctCoh oi� a� prajE�t �site. The Ciiy a�t��ipat�s Ehat the. scope oi Gicrrrk to� p"ro- I Dayle �Byrnes vided by, th� C�qsu tant do:solemnly�.swear that. I am �the Pri�ncipal �Cle�c of the SPOKESMAI�!- Wl�� I���UdBi but noi I mit ea to, P�E -Q�.sign se►v- REVOEW,,, a�ne,wspaper established and� regularly published, once t�s, Sahematjc De�i�n, each' day in the English language, in and of general circulation �in the Oe�ig�.�irfllopme�t;Ca Ci of, S kane, .Spokane Coun Washin ton; and in the Ci of struckfon Oiu:um�nts Bid 9 ding or Neg�ttatlon, a�d Coeur d'Alene Kootenai County,, Idaho; that said newspaper has Administration, af �na been� so established and regula'rly published and Fias had said general Co�structjon Cantract. circulation� continuously��for more than six (6)� months prior to the 23rd Far a.comvl�ta �o y'o1 th� day of July� .1941�; tliat said newspaper is printed �in an o�ce R�au�s1 ��ar ��roposal� maintained� �at its place of� publication in =the City of� Spokane, t�Fi�1 �n7-�18, �t�bl Warks Departmept p�ii Washington;, that said newspaper was approved: and designated, as a teotura� encl Eng'in�ering legal newspaper by order of� the Superior .Court of tfi�e �State of Serotpes �Or City Hall, s� tne .cit�s� weestte at Washington for Spokane County .on the 23rd day of July, 194�1., and ,www okaaevall$y .or that said order has not been revoked arid is in full force and effect; cantac� camtyn ��nr�e, that the notice �attached hereto and which is-�a art of the proof of� Ci�y of Spakane Va�� P Pu btic .Wo�s Departme publication was� published in said newspaper, three, time(s), the et iso9? 688-0198, __ar ublication havin been made once,each time on the�follawin dates: �c est¢e�apvl�q'nevnlleyu� The p 9 9 G�ity of SpukenE �►all�y July 1, 8, 15, 2007 �enc�rages, disaGyant�g- That� said notice;was published in �the� regular and entire�issue of ,every ed� mipbr�ly. �nd vrdmen= m�Ined, Gansulkant flr'ms bo number of the paper during the �period� of �time of publication, and that �sp�nd �the notice was, published ,in� the newspapec proper and not in a Int�iesi�f ffrrtis sh'aql� SuppleRtent. �submit an originaf pro- pasal plus:four dupli- cate -�ppi�s, nqt la[ef Subsc� and s rn �to before_,�Fne at the City of Spokane, �this 18 th �than 'S�Qp p.tn. lac�l' time, 1'hirrsday July 26 day of July, 200 20071 Al) proposais shal become tlze �roperty o' 1��� r l ��'IBBETTS the City n Spbkane� Valley Notary Public in and for the State Washington, �P�\�S��N ChrisGne 8ainhridge residing in Spokane County, Washington o o g`� �Ry �'s CMC zv �,�0 Sp�ik�ne Vall�y Cfty Clsrk s' N I L+ 1; L� l� c� ,�O R�iblish: July �i�, 8; 15, 200� s�la2a6� N�,� .�0- .y�'�Me� OF WPS