07-108.00 ClearPath: City Center Real Estate Svcs Ph 3AGREEKENT FOR PROFESSIONAL SERVICES
ClearPath, LLC - City Center Real Estate Services - Phase 3
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and ClearPath, LLC, hereinafter "Consultant," jointly referred to as "parties."
IN CONSIDERATION' of the terms and conditions contained herein the parties agree as follows:
1. Work to He Performed. The Consultant will provide all labor, services and material to
satisfactorily complete the attached Scope of Services.
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 Work, 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 Work, stop work
and promptly cure any failure in performance under this agreement.
B. Representations. The City has relied upon the qualifications of the 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 Work. No substitutions of agreed upon personnel shall be made
without the written consent of the City.
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. Modifications. The City may modify this agreement and order changes in the work
whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the
City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed
between the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or
omissions appearing therein when required to do so by the 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.
Either party may terminate 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 authorized and
satisfactorily performed prior to the termination date.
3. Compensation. The City agrees to pay the Consultant on a time and materials basis in
accordance with the attached fee schedule as full compensation for everything done under this agreement, not
to exceed $100,000 for work directed by the City.
4. Payment. The Consultant shall be paid monthly upon presentation of an invoice to the City.
Applications for payment shall be sent to the City Clerk at the below stated address.
The City reserves the right to withhold payment under this agreement which is determined in the
Agreement for Professional Services
City Center Negotiations - ClearPath
Page 1 of S
C07 -108
reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City
Standards, City ordinances and federal or state standards.
5. Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THE CONSULTAINT:
Name: Christine Bainbridge, City Clerk
Phone Number: (509)921 -1000
Address: 1 1707 East Sprague Ave, Suite 106
Spokane Valley, WA 99206
Name: Rob Larsen
Phone Number: (206) 235 -5588
Address: 815 Western Ave., Suite 300
Seattle, WA 98104
6. Applicable Laws and Standards. The parties, in the performance of this agreement, agree
to comply with all applicable Federal, State, local laws, ordinances, and regulations.
7. Relationship of the Parties. It is understood, agreed and declared that the Consultant shall be
an independent Consultant and not the agent or employee of the City, that the 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 the Consultant. Any and all employees who provide
services to the City under this agreement shall be deemed employees solely of the 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.
8. Ownership of Documents. All drawings, plans, specifications, and other related documents
prepared by the Consultant under this agreement are and shall be the property of the City, and may be subject
to disclosure pursuant to RCW 42.56 or other applicable public record laws.
9. 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 the Consultant's records with respect to all
matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts
or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of
matters covered by this contract for a period of three years from the date final payment is made hereunder.
10. Insurance. The 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 the Consultant, its agents, representatives, or employees.
No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to
limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
1. Automobile Liability insurance covering all owned, non -o,. ned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form
CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
Agreement for Professional Services Page 2 of 5
City Ccnter Negotiations - ClearPath
• •
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors and personal injury and advertising injury. The City shall be
named as an insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance
limits:
I. 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 $1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other l.nsurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability, Professional Liability and
Commercial General Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as respect
the City. Any insurance, self - insurance, or insurance pool coverage maintained by
the City shall be excess of the Consultant's insurance and shall not contribute with it.
Cancellation of Consultant's insurance shall be governed by either:
a. the policy shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty days prior written notice by certified mail,
return receipt requested, has been given to the City, or
b. the Consultant shall provide at least 30 days prior written notice by
certified mail, return receipt requested of a cancellation.
D. Acceptabili!y of T n rs. Insurance is to be placed with insttrers with a current A.M.
Best rating of not less than ANTI.
E. Evidence of Cover -mm. As evidence of the insurance coverages required by this
contract, the Consultant shall furnish acceptable insurance certificates to the City at the time
the Consultant retU MS the signed contract. The certificate shall specify all of the parties who
are additional insureds, and will include applicable policy endorsements, and the deduction or
retention level. Insuring companies or entities are subject to City acceptance. If requested,
complete copies of insurance policies shall be provided to the City. The Consultant shall be
financially responsible for all pertinent deductibles, self- insured retentions, and/or self -
insurance.
Agreement for Professional Services Page 3 of 5
City Center Negotiations - ClearPath
11. Indemnification and Hold Harmless. The Consultant shall defend, indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or in connection with the performance of this agreement,
except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to R,CW 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 frorn the concurrent negligence of the Consultant and the City, its officers, officials, employees,
and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence.
It is fiirther 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 purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or tennination of the agreement.
12. 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. No waiver in one
instance shall be held to be 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.
13. Assignment and Delegation. 'Neither party shall assign, transfer or delegate any or all of the
responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent
of the other party.
14. Subcontracts. Except as otherwise provided herein, the Consultant shall not enter into
subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of
the City.
15. Confidentiality. Consultant may, from time to time, receive information which is deemed by
the City to be confidential. Consultant shall not disclose such information without the express written consent
of the City or upon order of a Court of competent jurisdiction.
16. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
17. Cost and Attornev's Fees. In the event a lawsuit is brought 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, Consultant's attorney fees payable by the City shall not
exceed the total sum amount paid under this agreement.
18. Entire Agreement. This written agreement constitutes the entire and complete agreement
between the parties and supercedes any prior oral or written agreements. This agreement may not be changed,
modified or altered except in writing signed by the parties hereto.
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
.Agreernent for Professional Services ]'ape 4 of 5
City Center Negotiations - ClearPath
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
k
IN WITN,l E-SS WIIEREOF, the parties have executed this agreement this f day of
2007.
CITY V LEY:
David Mercier, City anager
C ns ant:
Larsen, Principal
Tax ID No. REDACTED
APPROVED AS TO FORM:
Office Athe City omey
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
City Center Negotiations - C1earPath
0 0
The City of Spokane Malley
City Center Property Negotiations
SCOPE OF SERVICES
Phase
Project Overview
The City of Spokane Valley (City) is developing a subarea plan and development
regulations to establish a framework for revitalizing the Sprague /Appleway corridor.
A priority for the City is to locate, plan and develop a City Center in the vicinity of
Sprague Avenue and University Road. This project requires real estate advisory
consulting services to assist the City in working with property owners to secure land
for the City and establish an attractive development offering. ClearPath, LL
(ClearPath) will act as the City's key strategic advisor and consultant team lead in all
City Center negotiations and deal structuring, as directed by the City.
The tasks completed under this contract are considered to be the third phase of the
effort to best position -the City Center project for success. Primary actions taken in
the second phase solidified collaboration with the Library and Fire District in the siting
of those facilities. To identify the optimal approach for the City to control the land for
the City Center, three alternative acquisition and development scenarios were
explored. ClearPath recommended the City initiate serious discussion with the U City
owners as the best alternative location for the City Center. The Council made a
motion which was unanimously supported to pursue this option. This phase of
ClearPath's effort will focus on coordination, negotiation and documentation to put
the necessary elements in place to make development of this site attractive to a
developer and realize the development expectations of the City and Library.
This third phase will further solidify the Conceptual Master Plan and complete the
implementation of site acquisition for the City and the Library. ClearPath has been
authorized by the City and the Library to represent each entity in site acquisition_
ClearPath has not included in this phase of the project any time assisting the. City
with Community Communications_ Although this is a very key element to the success
of the project, the City has. corn rnitted to coordinate these efforts,
Work Program
The following tasks describe the services to be carried out by ClearPath for Phase
Three. As the project proceeds, the task list may be modified as directed by the City.
ClearPath shall inform the City immediately if City directed task modifications impact
their ability to complete the below identified tasks within the Phase 3 budget.
• •
Task 1. Prepare and Negotiate Letter of Intent (LOI)
During this process ClearPath will represent the City in property negotiations by
beginning with a non binding Letter of Intent to Purchase. Part of this Task involves
coordinating with the City on site issues for the City Hall. To complete this Task,
Clearpath will:
• Create and submit a Non Binding LOI to the City for review and feedback.
• Negotiate the Letter of Intent with the property owner
Task 2. Negotiate Purchase and Sale Agreement
The LOI will outline the business terms of the purchase. Further clarification of these
terms and other relevant language to a purchase will be incorporated in a Purchase
and Sale Agreement. ClearPath will work closely with the City Center Core Team
during property negotiations. The LOI and Purchase Agreement will describe an
appraisal process as a determinant of land value. This agreement will require the
following activities:
• Drafting the Purchase and Sale Agreement with the City's attorney and outside
legal council(as needed)
• Negotiate the purchase and sale agreement with the property owner
• Direct the appraisal process to determine land value
Task 3. On -Call Consulting Assistance
ClearPath will assist the City on an ongoing basis throughout the City Center
acquisition and development process as requested by the City. The City may
request consulting assistance with the following activities (the list is not
exhaustive):
• City Center Site Plan review
• Coordination with Library District
• Developer Selection
• Real Estate Closing
•
Budget
•
The budget for services described will be based on the following rates for time and
materials:
• Advisory and Transaction Services: $200 /hr
• Analytic Support: $150 /hr
• Administrative Support: $70 /hr
• Printing and Copies: 15 cents per page
• Travel (automobile): Mileage at current IRS rate
• Travel (air /hotel): Actual expense
The City will reimburse ClearPath for actual expenses incurred in the delivery of
services under this contract. Any expenses to be reimbursed by the City must be
approved in writing by the City before the expense is incurred, unless for
printing /copies and travel expenses. ClearPath shall complete the scope of work
outlined above on a time and materials basis at the rates scheduled above. The cost
estimate for this scope of work is approximately $100,000. Monthly invoices shall be
submitted to the City as work is completed. ClearPath shall notify the City when
invoices for this phase approach the total estimated amount. Although ClearPath
anticipates that it can complete this scope of work within this estimate, the many
variables and uncertainties involved in this phase of the project preclude agreeing to
a not too exceed amount without building in considerable additional contingency.
ACORD CERT F CATE OF LIABILITY INSURANCE 0
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PRODUCED
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Attn: Christine Bainbridge,
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Kibblo b Prentice Holding Co.
PO Box 970
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
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Phone: 206 -441 -6300 Fax: 206 -441 -6312
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City of Spokane Valley is an additional insured as respecto work
performed by the named insured.
410 days notice of cancellation for non - payment of premium.
CFRTIFICATF i4nl nFR CANCELLATION
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(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees ", "volunteer workers ",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker'l, or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Properly
Any person or organization having proper
temporary custody of your property if you
die, but only_
(9 ) With respect to liability ari smg out of the
mai ntenance or use of thsat property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative if You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you awry a financial interest of
more than 50% of the voting stook on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would txe
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insuranae.
3. N&vAy Acquired Or Formed Organization
Any organizatton you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stack, will qualify as a Named
Insured if there is no other similar insurance
i available to that organization. However
a. Coverage under this provision is afforded
only until the 790th day after you aoquire
of form the organization or the end of the
policy period, whichever is earlier; and
BUSINESS LIA TY COVERAGE FORM
h. Coverage under this provision does not
apply to,
(1) "Bodily injury,. or "property damage„
that accurred, or
(2) "Personal and advertising injury"
arising out of an offense aarrrmitted
before you acquired or formed the
organization,
4. Operator Of Mobile Equipment
With respect to 'mobile equipmeW registered in
your name under any motor vehicle registration
law, any person is an insured whale d6ving such
equipment along a public highway with your
permission, Any other person or organization
responsible for the conduct of such person is
also an insured, but ortly with respect to liability
arising out of the operation of the equipment, and
only if rte other insurance of any fdrtd is available
to that person or organization for this liability.
Hower, no person or organization is an insured
with respect to:
a "Bodily injury' to a co- "employee" of the
person driving the equipment; or
b. "property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision_
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet fang and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the vanduct of
such person is also an insured, but only vAth
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to,
a. "Bodily injury" to a co- "employee" of the
person operating the watemraft, or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
ark insured under this provision_
6. Additional insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organizations) identified in
paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Form 55 00 08 04 05 Page +I 7 of 24
BUSINESS LIABILIIMOVERAGE FORM •
contract, written agreement or because of a
(e) Any failure to make such
permit issued by a state or political
inspections, adjustments, tests or
subdivision, that such person or organization
servicing as the vendor has
be added as an additional insured on your
agreed to make or normally
policy, provided the injury or damage occurs
undertakes to make in the usual
subsequent to the execution of the contract or
course of business, in connection
agreement, or the issuance of the permit
with the distribution or sale of the
A person or organization is an additional
products;
(f) Demonstration, installation,
insured under this provision only for that
servicing or repair operations,
period of time required by the contract,
except such operations performed
agreement or permit.
at the vendor's premises in
However, no such person or organization is an
connection with the sale of the
additional insured under this provision if such
product;
person or organization is included as an
Products which, after distribution
su
additional insured by an endorsement issued
or sale you, have been labeled
or
by us and made a part of this Coverage Part,
or relabeled used a
including all persons or organizations added
of
container, part or r i ngredient of any
as additional insureds under the specific
other thing or substance by or for
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages_
the vendor, or
a. Vendors
(h) "Bodily injury" or "property
damage" arising out of the sole
Any person(s) or organ¢ation(s) (referred to
negligence of the vendor for its
below as vendor), but only with respect to
own acts or omissions or those of
"bodily injury" or "property damage" arising
its employees or anyone else
out of 'your products" which are distributed
acting on its behalf. However, this
or sold in the regular course of the vendor's
exclusion does not apply to:
business and only if this Coverage Part
(i) The exceptions contained in
provides coverage for bodily injury" or
Subparagraphs (d) or (f); or
"property damage" included within the
"products -completed operations hazard ".
(ii) Such inspections, adjustments,
(1) The insurance afforded to the vendor
tests or servicing as the vendor
is subject to the following additional
has agreed to make or normally
exclusions:
undertakes to make in the usual
course of business, in
This insurance does not apply to:
connection with the distribution
(a) "Bodily injury" or "property
or safe of the products.
damage" for which the vendor is
(2) This insurance does not apply to any
obligated to pay damages by
insured person or organization from
reason of the assumption of
whom you have acquired such products,
liability in a contract or agreement.
or any ingredient, part or container,
This exclusion does not apply to
entering into, accompanying or
liabitity for damages that the
containing such products.
vendor would have in the absence
of the contract or agreement;
b. Lessors Of Equipment
(b) Any express warranty
(1) Any person or organization from
unauthorized by you;
whom you lease equipment; but only
"bodily
with respect to their liability for
(c) Any physical or chemical change
injury", damage" or
in the product made intentionally
in
"personal and advertising injury"
by the vendor,
caused, in whole or in part, by your
(d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of
equipment leased to you by such
inspection, demonstration, testing,
person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 08 04 05
•
BUSINESS LIA>�'�1TY COVERAGE FORM
(2) With respect to the insurance afforded
e. Permits Issued By State Or Political
to these additional Insureds, this
Subdivisions
insurance does not apply to any
(1) Any state or political subdivision, but
"occurrence" which takes place after
only with respect to operations
you cease to lease that equipment
performed by you or on your behalf for
c. Lessors Of Land Or Premises
which the state or political subdivision
(1) Any person or organization from
has issued a permit.
whom you lease land or premises, but
(2) Nth respect to the insurance afforded
only with respect to liability arising out
to these additional insureds, this
of the ownership, maintenance or use
insurance does not apply to:
of that part of the land or premises
(a) "Bodily injury", "property damage"
leased to you.
or "personal and advertising
(2) With respect to the insurance afforded
injury" arising out of operations
to these additional insureds, this
performed for the state or
insurance does not apply to:
municipality; or
(a) Any "occurrence" which takes
(b) "Bodily injury" or "property damage"
place after you cease to lease that
included within the "products -
land or be a tenant in that
completed operations hazard ".
premises; or
f. Any Other Party
(b) Structural alterations, new
(1) Any other person or organization who
construction or demolition
is not an insured under Paragraphs a.
operations performed by or on
through e. above, but only with
behalf of such person or
respect to liability for "bodily injury",
organization.
"property damage" or "personal and
d. Architects, Engineers Or Surveyors
advertising injury" caused, in whole or
(1) Any architect, engineer, or surveyor, but
in part, by your acts or omissions or
only with respect to liability for "bodily
the acts or omissions of those acting
injury", "property damage" or "personal
on your behalf:
and advertising injury" caused, in whole
(a) In the performance of your
or in part, by your acts or omissions or
ongoing operations;
the ads or omissions of those acting on
(b) In connection with your premises
your behalf.
owned by or rented to you; or
(a) In connection with your premises;
(c) In connection with 'your work" and
or
included within the "products -
(b) In the performance of your
completed operations hazard ", but
ongoing operations performed by
only if
you or on your behalf.
( "i ) The written contract or written
(2) With respect to the insurance afforded
agreement requires you to
to these additional insureds, the
provide such coverage to
following additional exclusion applies:
such additional insured; and
This insurance does not apply to
(ii) This Coverage Part provides
"bodily injury", "property damage" or
coverage for "bodily injury" or
"personal and advertising injury"
"property damage" included
arising out of the rendering of or the
within the "products -
failure to render any professional
completed operations hazard ".
services by or for you, including:
(2) With respect to the insurance afforded
(a) The preparing, approving, or
to these additional insureds, this
failure to prepare or approve,
insurance does not apply to:
maps, shop drawings, opinions,
"Bodily injury", "property damage" or
reports, surveys, field orders,
"personal and advertising injury"
change orders, designs or
arising out of the rendering of, or the
drawings and specifications; or
failure to render, any professional
(b) Supervisory, inspection,
architectural, engineering or surveying
architectural or engineering
services, including:
activities.
Form SS 00 08 04 05
Page 13 of 24
QI-D. CERIWICATE OF LIABILITY INSURANCE IT C.RSR -A
05 {15fQ7
rrAnloen
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
aem
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ECibble & Prentice Holding co.
PO Sax 370
HOLDER.TH15 CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVE RWCE. AFi:O RIO ED BY THE POLICIES RE LOW.
nxiY ora�lsr
raver namavav
Seattle i&4 99141
Phone; 206 -441l -6300 Fax: 206 -441 -6312
INSURERS AFFORDING COVERAGE
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C1eerPath, LLC
Rob 3.a=on
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7
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815 Western Ave, 6Pite S00
seattle rI$ 98i4
uuunur e
COVERAGES
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CERTIFICATE HOLDER CANCELLATION
CITYSPI aclrt6xrr on me wosrmxnlee6ew�es Be o�e7QO11e me rdn�mm
City of Spokan4 Volley harem Lw- mCaelaw INWHmm EXmLxnn To Mw 1Q aa+9xTerlve
Attn: Christine Bainbridge, r nMWgcgnji nTg Naarnlvunpra +Xn Lm. ouTrueneraoowsawi
City Cloxk
11707 8wit Sp acjun Ava, ff106 e.co�.s:va ool.ouloxan uemirrmxvlumi6arsns:�wrnel:uorts on
Spokane Valley WA 99209 musexc wa. }
SUPERIOR COURT OF WASHINGTON FOR SPOKANE C�UNTY
In the Matter of:
REQUEST FOR QUALIFICATIONS No.
City Center Negotiations Acquisition
City of Spokane Valley AFFIDAVIT OF PUBLISHING
NOTICE
STATE OF WASHIl�TGTON
)ss.
County of Spokane
CR.AIG}-IOWARD beingfirst duly swom on oath depa� and says that he is the �p�TOR of The Spokane Valley
�News Herald, a weekly newspaper. That said newspager is a legai newspaper and it is now and has be�enfor more thansix months prior
to the dabe of the publication hereinafter referred to, published in the Fnglish lan$uage contlnually as a weekly newspaper in Spokane
County, Washu�gtan, and it is now and during all of said time was printed in an office mainhained at the afoc�esaid plaee of publication
of said newspaper, which said newspaper had be�► appraved as a legai newspaper by order of the Sup�rior Court of thc State oE
Washin,gfion in and for Spokane County. Tlwt the following is a true mpy of a�ublic �tioe as it was published in regulaz issues
comm$ndngon the 19th da�v of Ianuarv. 2007.,, and ending the 26th da,�a.f_januar�,, 2(3(17 all datesinrlusive, and that such newspaper
was re�ularly distnbuted to its subsr.nbers during all of said period:
Raquest tar Gu�If14�Uans
Ctty CAntrr NsgotiNlarts and AsqW�lUon
Thu C�ty sat `��,akai �u Ymr�,y �s c��.vatapin� a rsvr- S UBSCRIBED and SWORN to before me
'a�ut� �ian �h�.� Sf`r,�!�ur,'A�+'�*�Y oatiWor
this 26kh dav of Tanuax�v. 2QQ7.
b�r C�ty �:nter algn�p t1� �amd�+t AprafnRpd
xttl� i�af� ttbert at+�ltGi4ti! dl►d l��q City iS �t11GdItR1p
cf«cu.�►ems w�!n p�rdp�sty srwrurrs can�arn�ng State of Washington
�tuturr aava►a(�t��i p�sna �na �rty Ai SWokone COL1T1 Of S O1C811@
Val�y :w:h. a �:.�x��.tDt���� ra s�r+�i +sn GIY's t Y P
lUttegiC 8ds�iSllr it+ �11 �Ily G�118r pt0�51Bny^ �lf1t
°O t P I certify that I know orhave sa tisfactory evidenc�e that
Kunta..UCP, aen�nx�+nnr� �sv9l �8�1t9, �o►
c�yr n! tfta qF� u� efi�n�k irr� C�ty �v�b sita �i CT�I Howard is the erson who a eared before
�vspoket+avaiHtY�4 UeadlmnAarwDrt�itt�s g P P
F�,o�r�,► 4, �aoq me, and said person aclmowledged at he signed
this instrument and acknowledged it to be his hee
i�" ��;a 7 �a'� ��.�`�NE .pAF���i,� and voluntary act for the uses and purposes men-
o`'r•�� tioned in the instrument.
,a
N�� PU8(RY mtN
C
o.` jolene e W tz
'k
Title: N �ary Pilblic
�S My appoint�ent expires 5
'Federai Tax ID No. 91-0420030
AFFIDAVIT OF PUBL' ICATION
STATE OF WASHINGTON
County of �Spokane, ss.
Name: City of Spokane Valley Acct: 42365
Reqifesf ior gualiltCatloqs P.O.:
Cit� Center ffegopatton's�and Acquisition IdO Lines 160
rh� C��y ot SppN�n� Valley i's di�veloping a
r�fisi�t�an ��an Iar tha �s Total Cost:� 43.48 Log No: SR1�3103
AppfQ�vay r�Mdbr: A kpY Pe� of the,plan
is to 0esfgrfate aR� de'vslop �e naw Cl�y
center arong. che Canidnr. A prete� Sl�e I, Patricia Knowles
nss�u selsCted and the�City is inftj�� do�solemnly�swear that I am the Principal Clerk of�the SPOKESNiAN-
��1� �fsauss�orrs-with pro��y Gort-
ce�pinQ luture.d�velupmgnt pJan� j�� REVIEVII,� a' newspaper �established and regula�y� published, once
af saa�ene �vall�y s�e� C��suitant to each day,�in the English language, �,in and of general circulation ln the
s; ea��Gi�Y's'kP��st�at�gi�aduist�r in alt
�CentEr ro City of Spokane, Spokane County, Washington; and in the City of
pertYa�i�,dgvelopmentnego
r�at,v�s Fl�aise�eon�A�f �qtt Kuhta� AtO Coeur d'Alene, Kootenai County, Idaho; that -sai�d newspaper has
Sep�u Pfaqnar, fSD91 �688 Fur,� r.q�
PY been so established and. regularly published and has fiad said.,general
df fh Rf� ur �hetk the City;� ��el� 5jte-at
www :spoka�evmlley .org �eatlline far 9ut� circulation �continuously� for �more ,than six (6) months prior to the 23rd
in��teis Fgbruary 2�p�, day of July, 194,1,; that said newspaper is printed� in an office
CfirisElne6ainbridge maintained :at its place of publication in� the City of Spokane,
1 Spot�n� Yaltey Cify Clerls s�rtt�io3 Washington; �that said newspaper was approved and designated as a�
legal. newspap.er �by order of the Superior �Court' of� ttie �State of
Washington� for Spokane County on the 23rd day of Jul'y,, 1'941, and
that� said or,der ;has� not been revoked and is� in �full force and effect;
that� the notice aftached �hereto and which is a part of the proof of
publication, was published in said newspapec, finro time(s), the
publication having made once each��time on the follo.wing��dates:
January 20, 27,,�2007.
Subscribed and sworn to before�-me at the City of Spokane, this 31 st
day of January, 2007
d i M.� O�
Nota ublic in and for�the St e of Washington, S�oN �E,
r iding in �Spokane: County, Washington '9�
o �pTARY c�
U p
N
�''�Act� Z���
'�oF�.��s�
STATE OF �VASHINGTON KING CO�
--SS.
206603 No. SPRAGUE/APPELWAY
CORRIDOR
CTfY OF SPOKANE VALLEY
Affidavit of Publication
The undersigned, on oath states that he is an authorized representative of The Daily Journal of
Commerce, a daily newspaper, which newspaper is a legal newspaper of general circulation and it is now
and has been for more than six months prior to the date of publication hereinafter refeaed to, published in
the English language continuously as a daily newspaper in Seattle, King County, Washington, and it is now
and duriag all of said time was printed in an o�ce a�aintained at the aforesaid place of publication of this
new$paper. The Daily Journal of Gommerce was on the 12�' day of June, 1941, approved as a legal
newspaper by the Superior Court of King Counry.
The notice in the exact form annexed, was published in regular issues of The Daily Journal of
Commerce, wluch was regularly distrlbuted to its subscnbers during the below stated period. The annexed
notice, a
CN:NEGOTIATIONS&ACQUISIT
wAS published on
O1/22/07
The amount of the fee charged for the foregoing publication is the sum of 62.40, which amount
has been paid in full.
Subscribed d swo re me on
i
A. PAT ��i
��,..ON i
i�
r
p�ARr
N
Notary public fo e State of Washington,
P s. residing in Seattle
i 4 Uet'
tp ���CT V
M
i����l� A S1�
t
r—
i
O� ���'lln�Ogl �lafl� �Olflll�
City of �S�okane
��lley
Negotiations. and
Acq��sition �Serv�ces�
Submittal Date: Feb. 9
Request for Quali�catio�s
CityCenter�Ne�otiettions and
Acqulsition
The Cicy af.Spalc's•ne Ve�ll�ey ia
��developing ,a �r�vitalization plan
�•for ��the.=Sp'rag.ue/4ppleway �orri=
d'ar. A� ke"y par',t ot the pLan is, to;
�esignate and�,develop a new City
C.�i�ter along�the 'car�idar. A pre=
ferred'�si�e has been ,seleated arid•
the Cit}. is initiating..d'iscussions
wit6 p�operty owners concerai�g
•futur`e �d�velri�inenC 'p1� The
City of Spokgne. Ve�l��ery seeks, o
Consuit�nt.to serve.as City's�,key,
str.�teglc advi�pr in oll City Ceater
S y y S
prapszty!� atid, d�`ve�apment n�got�a-
tions: Please contact�•Scott Kuhta�
AICP..Senior Planner.:(fiA9),68�-
OA49, for 'a co�►y� oC the RT'Q' or I
c�ieck the City,'s.web sit� atwww
spol�a•nevalley:org. Deed,l,ine Por
•sulimi�tals is ,Februa�y 9,, 2007.
Date of' publication in
�lie Seattle D�ily 'Journal of
Commeree, �snuai�y�22: Z00�.
1/2�(246603).��
-Page 2 of effidavit
City .Of Spokane��Vailey
11707 East Sprague No. Words at per �word Total 360:00
Spokane Valley Wa�"99206 No.� Lines at� per line Total
Attn: Chris Bainbridge No. Column in at
per Col. In. Total ���°�g�°°°��°�°°°°
AFFIDAVIT O� PU�LICATI�O;N
�STATE�� OF 'INA�SHING'TON,, Count�y of �Spokane
Kelly�McGillis being first'duly
r
sworn, says that� he is tfie Classified ad Manager of the
REt�UEST FOR QUALIFICATI011iS o u r n a o t s� i s n e s s o c a t� e w s
wFiich �s a
C1TY CENTER NEGO'TIA�'IONS AND newspaper publisiied arid issueit Bi- vl/eekly regutarly,:
ACQUISITION
Spokane i� SPokane �county.
The City of Spokane Valley 1s�developing a 1 State of Washington and is� of gene'ral ci�culation in said ;county and state,
revitaliiation ptan for the� SpraguelAppley.vay tnat the Classified �ad
conidor. A key part�of the plan �s to�designate ot wnich th'e .one nereco
and .devetop a new City Center along the cor- actached �s �a true and correct, was
�'idor. plpreferred s�Qe has 'be�t1 SeleCted �t�.d Q�� publishe,d in said 2 wspaper
�a�� week�for
the City is inifiating discussions with property
weeks. being published consecutive times,
owners �co�ncerning future dBVelOp�1'18�t" 25th .Janua o�
plans. The City of �Spokane Valley seeks a '��st�publication.being on,the d'ay of �Y ,20�
and the last on ttie �th d a f February 2� 07
Consultant to .serve as' City s key strategic
advisor in atl City Centerprope�ty and .devel-
opmertt negotia�ons. Please co�tact Scott That said noGce� was published in the. regular and� enti�e; issue,ot every nurnb�er�of�
Kuhtd Af CP, Senior Planner, �(509) 688-0049 said newspaper durfng said period and times �of �publication, th'at?said. notice was
fOC S COpy Of ti'te RFQ� Ot CheCk the City'S web published, in� �the newspaper p�oper and not in a supplement; that tfie charges
Site at �Www► .spokanevalley org. Oeadline for heron made are at the regular rates charged fbr such �advertising, and that the
submit�ls is�February 9, 2007.
same or any part thereof �has not been paid:
Chris�ne Ba�nbridge �1�'��
Spokane Valley City Clerk
25th �.lanuary ,07
.'Subscntied and'swom to befare, rne this day. of 20
C�.�J
E J
O\����gS�O1U F OQ NO PubflC�in and Tor th StatE o�� ashi n
�eti` 'O� r
v �C�r�R Y �N N
���n�6l.tc f�'"
;Residing�at Q/6��
�T 15,
��1NASN��