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11-066.00 David Evans & Assoc: North Greenacres TrailLocal Agency Standard Consultant Agreement ® Architectural /Engineering Agreement ❑ Personal Services Agreement 11 -012 Federal Aid Number Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ® Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method ❑ Actual Cost ® Actual Cost Not To Exceed ❑ Fixed Overhead Rate Fixed Fee $ ❑ Specific Rates Of Pay ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Consultant/Address/Telephone David Evans and Associates, Inc. 908 N. Howard Street, Suite 300 Spokane, WA 99201 509- 327 -8697 Project Title And Work Description N. Greenacres Trail Project, CIP #0148 This document contains confidential tax inforn has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pert redacted or withheld documents pursuant to Sp Municipal Code (SVMQ 2.75.080; and obtain ju pursuant to RCW 42.56.550. DBE Participation ❑ Yes ® No % Federal ID Number or Social Security Number Do you require a 1099 for IRS? Completion Date ❑ Yes ® No October 21, 2012 Total Amount Authorized $ 93,000.00 Management Reserve Fund $ Maximum Amount Payable $ 93,000.00 Index of Exhibits (Check all that apply): ® Exhibit A -1 Scope of Work ❑ Exhibit A -2 Task Order Agreement ❑ Exhibit B -1 DBE Utilization Certification ® Exhibit C Electronic Exchange of Data ❑ Exhibit D -1 Payment - Lump Sum ® Exhibit D -2 Payment - Cost Plus ❑ Exhibit D -3 Payment - Hourly Rate ❑ Exhibit D -4 Payment - Provisional ® Exhibit E -1 Fee - Lump/Fixed/Unit ❑ Exhibit E -2 Fee - Specific Rates ® Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ® Exhibit G -1 Subconsultant Fee ® Exhibit G -2 Fee -Sub Specific Rates ® Exhibit G -3 Sub Overhead Cost ® Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase ® Exhibit M -la Consultant Certification ® Exhibit M -lb Agency Official Certification ® Exhibit M -2 Certification - Primary ❑ Exhibit M -3 Lobbying Certification ❑ Exhibit M -4 Pricing Data Certification ® App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this 12th day of April 2011 , between the Local Agency of Spokane Valley , Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Page 1 of 8 Revised 3/2008 tt 3ining to any Aane Valley Jicial review C�o 1 1-0 �� WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G. The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "IC'. XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terns of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM', under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By �� A _ ` 11 2/ Zo II B Consultant David Evans and Associates, Inc. A DOT Form 140 -089 EF Page 8 of 8 Revised 312008 Exhibit A -1 Scope of Work Project No. 0148 See attached Scone of SspryiceS, dated 1 ? ?011 Documents To Be Furnished By The Consultant See attached Scol3e of Services dated Anril 1 ? ?Ol 1 DOT Forth 140 -089 EF Exhibit A -1 Revised 6/05 Exhibit C Electronic Exchange of Engineering and Other Data The Consultant shall use the following format and standards in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but not limited to, the following: I. Survey Data shall be entered into an AutoCad version 2009 compatible drawing file. The drawing layers, survey codes and format shall conform to the Prototype Drawing furnished by the City of Spokane Valley. The City reserves the right to reject an AutoCAD submittal drawing if the drawing does not conform to the prototype. The drawing shall include: a. All data points in State Plane Coordinates, Washington North, North American Datum of 1983 (1991). Distances shall be in ground based US Survey feet. Elevations based on North American Vertical Datum of 1988 (NAVD88). b. Each data point shall be labeled with an appropriate survey code describing it. c. Breaklines TINS, DTM's, alignments, and any other information used in the creation of the contour mapping. d. Location and description of monuments used to establish the Basis of Bearing, and one monument used to establish the vertical datum. e. Location and description of two monuments set within the project to provide horizontal control and a monument to be used as a project benchmark. f. Contour lines at 1 foot intervals. Every tenth contour shall have a darker line weight. Labels with contour elevations shall be on a different layer. g. Drawing Scale shall be coordinated with the City. Prior to final payment, the Consultant shall also provide an archive file consisting of an electronic or pdf copy of all plat information, titles, and surveys used to research control and property ownership; field notes, data collector files, ASCII point files, and project correspondence. Also prior to final payment the Consultant shall provide and archive AutoCad version 2009 drawing file with all data points in State Plane Coordinates, Washington North, North American Datum of 1983 (1991). Distances shall be in grid based US Survey feet. Elevations based on North American Vertical Datum of 1988 (NAVD88). II. Roadway Design shall be created using AutoCAD Civil 3D compatible drawings and shall be in AutoCAD version 2009 compatible drawing file. The drawing layers, survey codes and format shall conform to the Prototype Drawing furnished by the City of Spokane Valley. The City reserves the right to reject an AutoCAD submittal drawing if the drawing does not conform to the prototype. The drawing shall include: a. All data points in State Plane Coordinates, Washington North, North American Datum of 1983 (1991). Distances shall be in ground based US Survey feet. Elevations based on North American Vertical Datum of 1988 (NAVD88). b. Each data point shall be labeled with an appropriate survey code describing it. c. Breaklines TINS, DTM's, alignments, and any other information used in the creation of the contour mapping. d. Location and description of monuments used to establish the Basis of Bearing, and one monument used to establish the vertical datum. e. Location and description of two monuments set within the project to provide horizontal control and a monument to be used as a project benchmark. f. Contour lines at 1 foot intervals. Every tenth contour shall have a darker line weight. Labels with contour elevations shall be on a different layer. g. Drawing Scale shall be coordinated with the City. 3/31/2011 4:26:55 PM Prior to final payment, the Consultant shall also provide an archive file consisting of an electronic or pdf copy of all cross sections, templates, quantity calculations, design notes, memos and reports; and all project correspondence. III. Contract Documents and Reports a. Documents shall be created using Microsoft Office 2003. Reports and specifications shall be submitted as Word 2003 documents. b. The City may provide a prototype document with font, text size and header and footer formats in Word. The Consultant shall match format requested by the City. Prior to final payment, the Consultant shall also provide an archive file consisting of an electronic or pdf copy of all studies and calculations made during the course of report development; specifications with addenda incorporated, phone conversations, memos, and reports; and all project correspondence. c. All data points in State Plane Coordinates, Washington North, North American Datum of 1983 (1991). Distances shall be in ground based US Survey feet. Elevations based on North American Vertical Datum of 1988 (NAVD88). IV. Contract Administration a. Documents shall be created using Microsoft Office 2003. Meeting Minutes, Change Orders, field reports and correspondence shall be submitted as Word 2003 documents. b. Spreadsheets shall be submitted as Excel 2003 documents. c. The City may provide a prototype document with font, text size and header and footer formats in Word. The Consultant shall match format requested by the City. Prior to final payment, the Consultant shall also provide an archive file consisting of an electronic or pdf copy of all documents generated during contract administration including, but not limited to, inspector field reports, survey field notes, material test results, meeting minutes, project correspondence, contractor wage information, change orders, and pay estimates. V. The Consultant shall be able to correspond via email and communicate with Microsoft Outlook. VI. Electronic Information Exchange. a. The City shall exchange electronic information with the consultant via email for file sizes less than 9 Megabytes. (Note: ZIP files or .RAR file formats are filtered out and cannot be delivered via email.) b. For larger file sizes the consultant shall exchange files using the City of Spokane Valley File Transfer Protocol (FTP) site at ft�://ftp.spokanevallev.ore To use this method of file exchange Consultant will have to contact the project manager for a temporary thirty (30) day username and password. c. The final archive file shall be submitted to the City on a CD or DVD and had delivered to City Public Works Offices with paper files. The CD shall be labeled with the Spokane Valley Project Contract Number, Project Name and be provided with a Table of Contents. 3/31/2011 4:26:55 PM Exhibit D -2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non - salary costs, and fixed fee. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub - consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140 -089 EF Exhibit D -2 Revised 6/08 Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and /or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Non - Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205 -46 "Travel Cost b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person - hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work. "6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non - Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Exhibit E -1 / Consultant Fee Determination — Summary Sheet contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Exhibit F / Oregon Department of Transportation Audit Services contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: DOT Form 140 -089 EF Exhibit G Revised 6/05 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Exhibit G -1 / Subconsultant Fee Determination — Summary Sheet contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Exhibit G -2 / Subconsultant Fee Determination — Summary Sheet contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Exhibit G -3 / Breakdown of Subconsultants Overhead Cost contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Forth 140 -089 EF Exhibit I Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H &LP, through the Region DOT Form 140 -089 EF Exhibit J Revised 6/05 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &LP will also identify how the alleged enor(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or b, Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140 -089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Exhibit M -1(a) Certification Of Consultant Project No. 0148 Local Agency I hereby certify that I am representative of the firm of Scott R. Marshall David Evans and Associates, Inc. and duly authorized whose address is 908 N. Howard St. Suite 300, Spokane, WA 99201 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subiect to applicable State and Federal laws, both criminal and civil. �Z Zo1( Date Signature DOT Form 140 -089 EF Exhibit M -1(a) Revised 6/05 Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of Spokane Valley , Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140 -089 EF Exhibit M -1(b) Revised 6/05 Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application /proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): David Evans and Associates, Inc. (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 Supplemental Signature Consultant/Addresslfelephone David Evans and Associates, Inc. Page for 908 N. Howard Street, Suite 300 Standard Consultant Spokane, WA 99201 Agreement 509- 327 -8697 Agreement Number Project Title And Work Description 11 -012 N. Greenacres Trail Project, CIP #0148 Federal Aid Number Local Agency Spokane Valley THIS AGREEMENT, made and entered into this 12th day of A pr il , 2011 , between the Local Agency of Spokane Valley Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT'. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT flil By Consultant David Evans and Associates, Inc. By Consultant LOCAL AGENCY By Agency Spokane alley By Agency By Agency By Agency DOT Form 140 -089 EF Appendix 31.910 Revised 6105 Exhibit A -1 Scope of Services N. GREENACRES TRAIL PROJECT CIP # 0148 The Scope of Services is for David Evans and Associates, Inc. (DEA) to provide the City of Spokane Valley (City) with survey and design services for approximately 2.1 miles of North Greenacres Trail yet to be constructed. The project is located on abandoned railroad right -of -way from the Centennial Trail, along Boone Avenue to Hodges Road in the Greenacres neighborhood of the City of Spokane Valley, Washington. The project area is within the abandoned railroad right of way, approximately 2.1 miles in length, and includes five roadway at -grade crossings. Project design elements include: trail alignment; one trailhead with restroom, parking and landscape; trail furnishings including signs, bollards, benches, bike racks, trash receptacles, shelters, information kiosks and trailside restoration with dryland grasses. Assumptions: Trail Typical Section 2 inch thick hot mix asphalt, 10' wide, with 1' wide gravel shoulders 4 inch thick crushed surfacing, 12' wide. The section shall have typical 2% cross slope. Trail Grades and Clearances The pathway shall meet WSDOT ADA criteria for mixed bicycle / pedestrian path Trailhead Geotechnical Study If a trailhead is incorporated into the project and a gravel parking lot surface will be utilized, no pavement design will be necessary. Design Software Electronic Copies will be AutoCAD 2010 or later, including TINS, DTM's, alignments, and breaklines, with information layered and labeled in accordance with City of Spokane Valley standards. Environmental PermMine DEA assumes the environmental NEPA and SEPA permitting processes will be completed by the City. Proiect Schedule This scope of services assumes a one year project duration with conceptual design during summer of 2011, site survey in the fall, followed by preparation and completion of construction documents in April 2012. Bid Assistance and Construction Services Bid assistance and construction services are not included in this scope of services. N. Greenacres Trail, CIP #0148 Page 1 04/12/11 1. Project Initiation and Administration 1. Project kickoff meeting with the City to confirm project scope, related project goals and schedule. Hold monthly coordination meetings with the City and provide monthly progress reports, maintain an updated project scope and schedule. 3. Initial stakeholder contact (City departments, County Utilities, Utility Companies, and WSDOT). 2. Data Collection (April — October, 2011) 1. Meet with the City to define, update and validate project goals. Confirm project purpose, desired elements for inclusion, trailhead location, capacity and character of elements. 2. Collect and review existing background information provided by the City. This would include but not limited to a. Utility plans for the current sewer project including any horizontal and vertical control. b. Plans for the Indiana Extension project c. Plans for the proposed Greenacre Park. d. Any right of way documents and or ownership documents for the railroad right of way 3. Conduct visual assessment to identify and confirm site conditions and overall design opportunities and constraints. Document with field notes and photographs. 4. Topographic Survey and Right -of -way monument survey data collection DEA will perform a topographic survey on 50 foot stations of the proposed trail alignment after Spokane County Utilities completes the Greenacres Sewer project and after the City completes the Indiana Avenue Extension project. Shots will be taken at 25 foot stations at proposed road crossings and other key areas identified by the design team. • DEA will call in and coordinate utility locates prior to conducting the survey. Utility field locate paint marks and surface structures (gas, power, telephone, water, san. sewer, storm sewer, tv, etc) located within the railroad ROW shall be shown on the survey. Located water services shall be tied and the curb stop /meter box location shown if found. The topographic map shall include storm, drywell and sanitary sewer structures, pipe crossings and pipe invert elevations within the project limits. • DEA will develop and submit traffic control plans to the City Public Works Department for approval 5 working days prior to commencing work. • DEA will coordinate and provide for traffic control. • DEA will provide topographic shots at the toe of slope and 5 and 10 feet from the toe of slope at 50 foot station intervals; edge of existing pavement on adjacent parallel roads, flow line of adjacent and cross ditches; edge of gravel shoulder and graveled parking areas; existing driveway approaches; ground shots at changes in grade; existing trees (4" or larger), bushes, landscaping features such as stones or borders; fences; mailboxes; signs; utility poles; and utility pedestals. • Topographic information at road crossings will include edge of pavement; edge of gravel; flow line of ditching and curbs; centerline of cross street, pavement markings; signs, overhead and underground utilities up to 50 feet north or south of the railroad right of way centerline. These crossings include Indiana, Flora, Long, Greenacres and Barker Roads. • Topographic survey limits are defined as follows: From the west end of the project to Flora Road, a 30 foot wide strip believed to be the north half of the former railroad right -of -way; N. Greenacres Trail, CIP #0148 Page 2 04/12/11 from Flora Road to Long Road, a strip of land bounded by the pavement centerline and the south edge of the right -of -way or fenceline; from Long Road to Greenacres Road, a strip of land bounded by the pavement centerline and the north edge of the right -of -way; from Greenacres Road to the WSDOT property at Barker, a strip of land bounded by the pavement centerline of the south road to the pavement centerline of the north road; on the WSDOT property south of Boone and west of Barker, a strip of land bounded by the pavement centerline and a line 160 feet south of the centerline of pavement for Boone; from the east edge of pavement of Barker to Grady, a strip of land bounded by the pavement centerline to the south edge of the right -of -way or fenceline; from Grady to the Quarter Section line, a strip of land from the north railroad right -of -way line to the south railroad right -of -way line and including the location and width of the bus barn driveway on the south and the location and width of the driveway to the north. Topographic survey limits at the Barker Road crossing will extend south to include information for the Barker and Cataldo Ave. intersection. Topographic survey limits at the Long Road intersection will extend north to include the south edge of the proposed Greenacres Park. • DEA will perform a search for property corner markers within the project area to assist with the approximation of the right -of -way location. Found property corners will be shown on the topographic map, adjacent to the railroad ROW and the property lines on each side of the road crossings within 50 feet of the proposed trail crossings. • Vertical accuracy tolerance for topographic surveys shall be within 0.1 feet. Horizontal accuracy tolerance shall be within 0.1 feet. • The project horizontal datum shall be a ground based coordinate system referenced to the Washington State Plane Coordinate System, North Zone, NAD83/98. • The project vertical datum will be NAVD88. • DEA will establish two pairs of intervisible control points (a total of four) for use in the later construction of this project. Topographic Base and Approximate Right -of- -Way Boundary Base Map a. DEA will create an existing features base map of existing ground features from the topographic survey data including utilities as described in Task 2.4.a. b. DEA will approximate the right -of -way and adjoining property line locations along the entire project length and show it on the topographic base map. The right -of -way will be based on the Right Of Way and Track Map of the Spokane, Coeur d'Alene and Palouse Railroad V -1/7 (sheet 7 of 11, dated December 31, 1927), as well as recorded surveys and plats. Parcels will be labeled with their tax parcel number and address. Adjoining property lines and parcel information will be based on County assessor maps and will not be confirmed. Deed research and analysis and boundary surveying will not be performed. Deliverables: ➢ Electronic copy of data collector files and ASCII point files of points collected. ➢ Electronic pdf copies of all field notes ➢ Electronic drawing in AutoCAD, version 2010 or later, relevant project data and drawing files such as TINS, DTM's, alignments, and breaklines. ➢ An electronic topographic basemap that will be incorporated into the pathway design plans. As an additional deliverable, the linework for this basemap and design plans will be scaled so as to be in state plane coordinates and delivered upon the completion of the project. Elevational data will not be included. N. Greenacres Trail, CIP #0148 Page 3 04/12/11 Assumptions: o A boundary survey for any part of the project will not be performed and a Record of Survey will not be required. The City will provide existing Title Reports and supporting documents, if necessary. o The City will provide right -of -way documentation. o WSDOT will provide right -of -way plans and deeds for I -90. o A traffic control plan approved by WSDOT will not be required. 3. Conceptual Design Validation (April - September, 2011) 1. Prepare one conceptual design plan including trail alignment, road crossings, trailhead and furnishings. 2. Prepare a conceptual design plan for one trailhead location. 3. Prepare one conceptual design plan for each of five trail /road intersections. 4. Select and provide trail furnishings recommendations. 5. Prepare conceptual design cost estimate. 6. Meet with the City to review the trail conceptual design. 7. Incorporate review comments into final conceptual design. 8. Prepare a brief conceptual design narrative. 4. Neighborhood Involvement (Summer, 2011) 1. Prepare aerial photograph boards depicting project limits for community input and concepts. 2. Neighborhood Meeting No. 1 during Conceptual Design a. Arrange for a public meeting location. b. Prepare a meeting notice and provide distribution through public notice press release and one mailing to Greenacres neighborhood residents. c. Prepare conceptual design presentation boards for public display at the meeting. d. Attend and participate in one public meeting to facilitate the conceptual design presentation and provide technical support. e. Meet with the City to review public comments and confirm design direction. f. Prepare public meeting and design direction summary memo. g. Incorporate design direction into design. 3. Meeting with the City project manager to discuss and resolve ideas and comments obtained from the public. Incorporate public ideas and comments into the design 5. Preliminary Design Submittal (October- November, 2011) (3096) 1. Prepare Preliminary Plans (30 scale) a. Develop preliminary plans for new trailhead to include: site layout plan, grading and drainage plan, utilities plan, landscape plan and construction details. b. Develop preliminary plans for trail alignment to include: location and details for trail furnishings to include bollards, boulders, traffic signs, fencing and hydroseeding where appropriate. c. Coordinate with Spokane County Utilities to plan trail alignment to minimize conflicts with utility rights. d. Coordinate with Consolidated Irrigation District 19 to minimize conflicts with existing utility rights. N. Greenacres Trail, CIP #0148 Page 4 04/12/11 e. Coordinate with other utility companies as appropriate to minimize conflicts with existing utility rights. f. Develop preliminary plans for at -grade intersections to include: site layout plan and grading and drainage plan, and construction details. Below is a list of intersections: • Indiana Avenue Parkway • Flora Road • Long Road • Greenacres Road • Barker Road/ Cataldo Avenue 2. Prepare a Highway Design Elements Associated with Shared Use Pathways Report for WSDOT for only the immediate area of the Barker Road/Cataldo Avenue intersection. 3. Prepare preliminary opinion of probable costs for new trailhead and trail. 4. Coordinate design with Greenacres Park. 5. Provide preliminary package for City review and comment. 6. Preliminary design review meeting with the City. Deliverables: ➢ Three hard copies of preliminary plan drawings. Electronic copy in AutoCAD format or PDF will be available upon request. ➢ One hard copy of the Highway Design Elements Associated with Shared Use Pathways Report, if requested. ➢ Three hard copies of cost worksheet (or electronic copy in Excel or PDF Format). ➢ One hard copy of the lighting analysis report (or electronic copy in Word or PDF Format) Assumptions: • Spokane Valley will provide an electronic copy in MS Word of the City Contract Document Package Format. The package will include a Bid Schedule, general special provisions, drawing border format, Engineer's cost estimate. • Illumination plans are not required for the project. • Trail alignment and construction limits will be within unconfirmed parcel information based on County assessor maps. 6. Intermediate PS & E Submittal (December, 2011 — January, 2012) (60 %) 1. Review and resolve comments for incorporation into design documents. 2. Refine preliminary plans a. Refine preliminary plans for new trailhead. b. Refine preliminary plans trail alignment. c. Refine preliminary plans for at -grade intersections. 3. Refine and finalize the Highway Design Elements Associated with Shared Use Pathways Report for WSDOT for only the immediate area of the Barker Road/Cataldo Avenue intersection. 4. Prepare Drainage report for project. N. Greenacres Trail, CIP #0148 Page 5 04/12/11 5. Update opinion of probable cost. 6. Prepare preliminary special provisions (project specific specifications) 7. Provide Intermediate submittal package for City and stakeholder review and comment. 8. Intermediate design review meeting with the City. City Comments will be incorporated in project plans. 9. Neighborhood Meeting No. 2 a. Arrange for a public meeting location. b. Prepare a meeting notice and provide distribution through public notice press release and one mailing to Greenacres neighborhood residents. c. Provide poster boards of project plans public display at the meeting. d. Attend meeting and provide technical support Deliverables: ➢ Three hard copies of intermediate plan drawings. Electronic copy in AutoCAD format or PDF will be available upon request. ➢ Three hard copies cost worksheet (or electronic copy in Excel or PDF format). ➢ Three hard copies general special provisions (or electronic copy in Word or PDF format). 7. Draft PS & E Submittal (March, 2012) (909 1. Review and resolve comments for incorporation into design documents. 2. Refine intermediate plans a. Refine intermediate plans for new trailhead. b. Refine intermediate plans trail alignment. c. Refine intermediate plans for at -grade intersections. 3. Refine opinion of probable cost. 4. Refine preliminary special provisions (project specific specifications) 5. Prepare a tentative construction schedule (MS Project) to ascertain the "working days" and assist the City in the bid advertisement schedule. 6. Provide Intermediate submittal package for City and stakeholder review and comment. 7. Draft PS &E review meeting with the City. Deliverables: ➢ Three hard copies of intermediate plan drawings. Electronic copy in AutoCAD format or PDF will be available upon request. ➢ Three hard copies cost worksheet (or electronic copy in Excel or PDF format). N. Greenacres Trail, CIP #0148 Page 6 04/12/11 ➢ Three hard copies general special provisions (or electronic copy in Word or PDF format). ➢ Three hard copies of the tentative construction schedule and electronic MS Project copy. 8. Final PS & E Submittal (April, 2012) (1009 1. Review and resolve draft PS &E comments for incorporation into design documents. 2. Prepare draft PS &E plans. a. Prepare final plans for new trailhead. b. Prepare final plans for trail alignment. c. Prepare final plans for at -grade intersections. 3. Prepare final opinion of probable cost. 4. Prepare final special provisions (project specific specifications) 5. Refine construction schedule 6. Provide final PS & E documents to the City to issue for bid. Deliverables: ➢ Three hard copies of final plan drawings in 22 "x 34" format. ➢ One electronic copy of final plan drawings in AutoCAD and PDF format. ➢ One hard copy cost estimate and electronic copy in PDF format. ➢ One hard copy general special provisions and electronic copy in Word or PDF format. ➢ One hard copy of tentative construction schedule and electronic MS Project copy. N. Greenacres Trail, CIP #0148 Page 7 04/12/11 UrkanNature GonsuftinJc, ZZO Landscape Architecture — Project Management — Public Engagement 6 k "" , ATTACHMENT A ~ 2 N. Greenacres Trail Project, CIP #0148 Landscape Architecture Services Scope of Services This scope of services is for UrbanNature Consulting, LLC (UNC) to provide David Evans and Associates, Inc. (DEA) with landscape architectural services for the N. Greenacres Trail Project for conceptual design through construction documents. The project is located on abandoned railroad right -of- way from the Centennial Trail, along Boone Avenue to Hodges Road in the Greenacres neighborhood of the City of Spokane Valley, Washington. DEA is the lead consultant providing planning and design services for the trail to the City of Spokane Valley. The project area is within the abandoned railroad right of way, approximately 2.1 miles in length, and includes five roadway at -grade crossings. Project design elements include: trail alignment; one trailhead with restroom, parking and landscape; trail furnishings including signs, bollards, benches, bike racks, trash receptacles, shelters, information kiosks and trailside restoration with dryland grasses. This scope assumes the following general items: ➢ DEA will provide all existing conditions info and project aerials in suitable electronic formats as needed for trail concept development. ➢ UNC will utilize information provided to prepare hand rendered concept sketches, and related graphics for incorporation into concept design project deliverables. ➢ DEA will provide civil site design drawings to UNC as the basis for landscape design. ➢ UNC will design and prepare landscape and irrigation plans for the trailhead area, provide landscape restoration notes for inclusion on the trails plans, provide furnishings selections, and associated technical specifications for inclusion in the project bid documents. ➢ Landscape construction drawings are limited to the soft scape and do not include design of, walks, stairs, retaining walls, restroom, shelters, signage or lighting. ➢ DEA will provide scanning, prepare final electronic format, and provide production and printing of all project deliverables. ➢ UNC will attend monthly project meetings and collaborate with DEA throughout design. ➢ This scope of services assumes a one year project duration with conceptual design during summer of 2011, site survey in the fall, followed by preparation and completion of construction documents in April 2012. ➢ Bid assistance and construction services are not included in this scope of services. Project Tasks 1. Project Initiation a. Project initiation and setup with DEA b. Kickoff meeting with the City c. Project administration and communications 2. Data Collection a. Meet with the City to confirm trailhead location and project elements. b. Review existing background information provided by DEA. c. Conduct a site visual assessment to confirm design opportunities and constraints. PO Box 31552 Spokane, Washington 99223 P: 509.448.2193 C: 509.981.2933 kaths @q.com Ur&nNature Const nJc, .C.CC Landscape Architecture — Project Management — Pubfic Engagement 3. Conceptual Design a. Prepare conceptual design sketch overall plan for trail. b. Prepare conceptual design sketch layout plan for trailhead. c. Provide input to DEA for conceptual design of trail /road crossings. d. Select trail furnishings recommendations. e. Assist with conceptual design cost estimate. f. Meet with the City to review trail concept. g. Incorporate comments into final concept. h. Prepare a brief conceptual design narrative. 4. Neighborhood Involvement a. Assist DEA with preparation of conceptual design powerpoint presentation boards. b. Attend one public meeting during conceptual design, facilitate the conceptual design presentation and provide technical support. c. Meet with the City to review public comment and confirm design direction. d. Assist DEA to prepare public meeting and design direction summary. e. Incorporate design direction into design. f. Attend one public hearing during construction documents to provide technical support. S. 30% Construction Drawings a. Prepare preliminary landscape and irrigation plans for the trailhead. b. Prepare technical specification outline for landscape, irrigation and furnishings. c. Prepare preliminary cost estimate for landscape, irrigation and furnishings. d. Attend one review and coordination meeting with DEA. 6. 60% Construction Documents a. Prepare 60% landscape and irrigation plans for the trailhead. b. Prepare draft technical specification sections for landscape, irrigation and furnishings. c. Update cost estimate for landscape, irrigation and furnishings. d. Attend one review and coordination meeting with DEA. 7. 90% Construction Documents a. Prepare 90% landscape and irrigation plans for the trailhead. b. Prepare 90% technical specification sections for landscape, irrigation and furnishings. c. Update cost estimate for landscape, irrigation and furnishings. d. Attend one review and coordination meeting with DEA. 8. Bid Documents a. Finalize construction documents and provide signed landscape and irrigation drawings. b. Provide finalized technical specifications. Estimated Fees The estimated professional consulting fee is based on the current project information, project assumptions, current project schedule, and experience designing public projects. The estimated professional consulting fee for design Tasks 1 through 8 is $15,000. The consulting fees are subject to change with any revisions made to the assumptions, tasks and schedule as outlined herein. PO Box 31552 Spokane, Washington 99223 P: 509.448,2193 C: 509.981.2933 kaths @q.com A C" °e CERTIFICATE OF LIABILITY INSURA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AF CO TRACT BETWEEN THE ISSUING , D/YYYY) 11 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A N REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Lockton Companies, LLC -1 Kansas City NAME: 444 W. 47th Street, Suite 900 I NC, No, EXt : A/C, No) Kansas City MO 64112 -1906 E -MAIL (816) 960 -9000 ADDRESS: INSURED DAVID EVANS AND ASSOCIATES, INC. 1332581 2100 SW RIVER PARKWAY PORTLAND OR 97201 INSURER A : Travelers Property Casualty Co of America INSURER 13: Zurich American Insurance Con INSURER C: LeXinHton Insurance COmpa r..-..— nc t t)ncnnt oCtnelnKi KII IRAI2I=0- 'VYYV)OCX 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 LiPR 1 2 ADDL INSR SUBR WVD 011 — ATE POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY 5/1/2011 4/ GENERAL LIABILITY ERTIFICATE HOLDER. THIS ED BY THE POLICIES , D/YYYY) 11 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A N REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Lockton Companies, LLC -1 Kansas City NAME: 444 W. 47th Street, Suite 900 I NC, No, EXt : A/C, No) Kansas City MO 64112 -1906 E -MAIL (816) 960 -9000 ADDRESS: INSURED DAVID EVANS AND ASSOCIATES, INC. 1332581 2100 SW RIVER PARKWAY PORTLAND OR 97201 INSURER A : Travelers Property Casualty Co of America INSURER 13: Zurich American Insurance Con INSURER C: LeXinHton Insurance COmpa r..-..— nc t t)ncnnt oCtnelnKi KII IRAI2I=0- 'VYYV)OCX 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 MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS B GENERAL LIABILITY Y N GLO9830389 12/1/2010 12/1/2011 EACH OCCURRENCE $1, 000,000 DAMAGE TO RENTED PREMISES Ea occ urrence $3OO 000 $ X COMMERCIAL GENERAL LIABILITY MED EXP An one p erson) $5 , 000 CLAIMS -MADE � OCCUR PERSONAL & ADV INJURY $ $1 , 000 , 000 GENERAL AGGREGATE $ $2 , 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ $2 , 000,000 $ PRO- POLICY JECT LOC B AUTOMOBILE LIABILITY Y N BAP 9830390 12/1/2010 12/1/2011 Ea acccldentSwGLE LIMIT $ $1 , 000 , 000 BODILY INJURY (Per person) $ XXXXXXX ANY AUTO BODILY INJURY (Per accident $ XXXXXXX ALL OWNED SCHEDULED AUTOS AUTOS INON -OWNED X HIRED AUTOS X AUTOS PROPERTY DAMAGE Per accident $ XXXXXXX $ XXXXXXX UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR /PARTNER/EXECUTIVE r] OFFiCDa'MEMBER EXCLUDED? I , V i (Mandatory in NH) N/A N PJUB226DO74010 5/1/2010 5/1/2011 WC Y S OT R TORY LIMITS E.L. EACH ACCIDENT $ $500,000 E.L. DISEASE - EA EMPLOYEE $5 00,00 0 E.L. DISEASE. POLICY LIMIT $500, DESCRIPTION N OF OPERATIONS below C PROFESSIONAL LIABILITY 013001600 12/1/2010 12/1/2011 PER CLAIM $1,000,000 ANNUAL AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES /(Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: N. GREENACRES TRAIL. CITY OF SPOKANE VALLEY IS AN ADDITIONAL INSURED AS RESPECTS TO GENERAL AND AUTO LIABILITY, AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER L;ANI:tLLAIIUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11205041 AUTHORIZED REPRESENTATIVE CITY OF SPOKANE VALLEY ATTN: CRAIG ALDWORTH 11707 E. SPRAGUE AVENUE, SUITE 106 SPOKANE VALLEY WA 99206 ACORD 25 (2010/05) © 9 8 -2010 AC D ORPORATION. 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