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08-098.00 Skillings Connolly: Broadway Ave Moore to Flora Real Estate SvcsIndex of Exhibits Exhibit "A" - Scope of Work This document contains confidential tax information and Exhibit `B" - DBE Participation has been redacted pursuant to RCW 82.32.330. Exhibit "C" - Electronic Exchange of Engineering and Other D Exhibit "D" - Payment (by Agreement Type) You may petition for a review of our findings pertaining to any Exhibit "E" - Consultant Fee Determination redacted or withheld documents pursuant to Spokane Valley Exhibit "G" - Subcontract Work/Fee Determination Municipal Code (SVMC) 2.75.080; and obtain judicial review Exhibit "H" - Title VI Assurances pursuant to RCW 42.56.550. Exhibit "M" - Certification Documents THIS AGREEMENT, made and entered into this day of 2008 between the Local Agency of City of Spokane Valley, Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT'. WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and C08 -98 Skillings Connolly, Inc. Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 Consultant /Address /Telephone Local Agency Standard Consultant Skillings Connolly, Inc. Agreement g Po Box 5080 5016 Lacey Blvd. SE Lacey, WA 98509 (360) 491 -3399 ® Architectural /Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title and Work Description OB — oaco REAL ESTATE SERVICES FOR Federal Aid Number BROADWAY AVENUE MOORE ROAD TO FLORA ROAD Agreement Type (Choose one) F-1 Lump Sum DBE Participation Lump Sum Amount $ ❑ Yes 0 N Federal ID Number ❑ Cost Plus Fixed Fee REDACTED Overhead Progress Payment Rate % Do you require a 1099 for IRS? Completion Date Overhead Cost Method ❑ Yes ® No ❑ Actual Cost ❑ Actual Cost Not To Exceed % ❑Fixed Rate % Fixed Fee $ Total Amount Authorized $ 178,865.89 ® Specific Rates Of Pay Management Reserve Fund $ 17,886.59 ® Negotiated Hourly Rate F-1 Provisional Hourly Rate Maximum Amount Payable $ 196,752.48 ❑ Cost Per Unit of Work Index of Exhibits Exhibit "A" - Scope of Work This document contains confidential tax information and Exhibit `B" - DBE Participation has been redacted pursuant to RCW 82.32.330. Exhibit "C" - Electronic Exchange of Engineering and Other D Exhibit "D" - Payment (by Agreement Type) You may petition for a review of our findings pertaining to any Exhibit "E" - Consultant Fee Determination redacted or withheld documents pursuant to Spokane Valley Exhibit "G" - Subcontract Work/Fee Determination Municipal Code (SVMC) 2.75.080; and obtain judicial review Exhibit "H" - Title VI Assurances pursuant to RCW 42.56.550. Exhibit "M" - Certification Documents THIS AGREEMENT, made and entered into this day of 2008 between the Local Agency of City of Spokane Valley, Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT'. WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and C08 -98 Skillings Connolly, Inc. Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 WHEREAS, the AGENCY does riot 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 Slate 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 ONBE), shall be shown on the heading of this AGREEMENT. If DAVWBE 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 Skillings Connolly, Inc. 2 Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 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. 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 above $10,000.00 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 Skillings Connolly, Inc. Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 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 perfonnance 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 third party as a consequence of any act or omission on the part of the CONSULTANTS 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 2000d -4a) 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 RC%-V 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. Skillings Connolly, Inc. 4 Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moare Road to Flora Road Rev July 16. 2008 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. 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 We CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "K ". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either 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 Shillings Connolly, Inc. 5 Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16. 2008 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. 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 indemnity and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Workers 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. Skillings Connolly, Inc. 5 Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 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 CONSULTANTS 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. 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 5100,000 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 Skillings Connolly, Inc. Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 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. 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. SKILLINGS CONNOLLY, INC. By Its President Skillings Connolly, Inc. CITY OF SPOKANE VALLEY Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 EXHIBIT A -1 SCOPE OF WORK Prepared for: CITY OF SPOKANE VALLEY REAL ESTATE SERVICES FOR BROADWAY AVENUE MOORE ROAD TO FLORA ROAD June 26, 2008 Table of Contents Topic Page Broadway Avenue Real Estate Services Scope 2 140. Task Descriptions 2 Task 1 Project Management Plan 2 A. Project Schedule B. Project Funding Estimate C. Project Consultant Budget D. Project Billing E. Create Web Accessible Project Tracking Data Base F. QA/QC Process G. Project Kickoff Meeting Task 2 Title 4 Task 3 Appraisal 4 Task 4 Appraisal Review 5 Task 5 Acquisition Services 6 A. Meeting Preparation B. Document Preparation C. Negotiations D. Closing, Conveyance, and Certification Task 6 Relocation Process 9 Task 7 Property Management 9 Skitlings Connolly, Inc. y Project fro. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 BROADWAY AVENUE REAL ESTATE SERVICES SCOPE OF WORK This document describes the Scope of Real Estate Services to be provided by Skillings Connolly, Inc. (hereafter known as Consultant) to support the City of Spokane Valley's (hereafter known as City) Broadway Avenue Project. The City has designed improvements and desires to reconstruct and widen Broadway Avenue to a 3 -lane section from Moore Road to Flora Road and the Consultant will provide the real estate services for up to 26 parcels on this project. The Consultant will provide the right -of -way acquisition services using procedures specified herein and in accordance with the Washington State Department of Transportation ( WSDOT) Right -of- Way Manual and Local Agency Guidelines, which by this reference are made a part of this Agreement. Broadway Avenue Project Assumptions: • The City will field mark existing and proposed right -of -way boundaries as required. • The City will be directly responsible for all City, County, or State fees related to the project. • The City will provide to the Consultant the right -of -way plans prepared for the project. • The City will provide updated title reports for all involved parcels. • The City will provide legal descriptions (and exhibits, if desired) for each parcel acquisition and/or easement. • Appraisals will consist of: o Six (6) Before and After, three (3) with potential damages. 0 20 WSDOT Res. 208 Form Reports. • Six (6) review appraisals will be necessary. • No relocations are necessary on this project. • No property management services are necessary on this project. • The Consultant has estimated the needed hours to complete the following tasks on Exhibit B -1. Should additional time or tasks be required, a Supplemental Agreement will be presented to the City for approval and signature prior to commencement of the additional work. 140. TASK DESCRIPTIONS: The CONSULTANT will offer the following described tasks for this project: Task 1 Project Management Plan The Consultant shall submit a Project Management Plan for Broadway Avenue that will include a Project Schedule, Project Funding Estimate, Project Consultant Budget, Project Billing Procedures, Web Accessible Project Tracking Data Base, and describe the Quality Assurance or Quality Control Program. A. Project Schedule The project schedule shall be prepared on Microsoft Project, or similar software. The schedule shall be prepared in sufficient detail so that a Critical Path analysis can be developed that will allow the City to identify potential future time delays and avoid them with reallocation of resources and priorities. B. Proiect Funding Estimate The Consultant shall prepare a Project Funding Estimate for Broadway Avenue based on the Determinations of Value prepared by the Appraiser. skillings coonolly, Inc. 10 Project No. 08256 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 C. Project Consultant Budget The Consultant shall prepare a time and materials cost estimate for services based on the Project ROW Drawings provided by the City. After review and approval by the City of the cost estimate, the Consultant shall prepare the Local Agency Standard Consultant Agreement (WSDOT form 140 -089 EF). D. Project Billing An escrow account will be opened for each negotiated settlement by the City. The Consultant negotiator will work with the escrow agent as needed, and close the escrow account after title is transferred. The escrow fee and title insurance charge will be payable by the City separate from the fees included as part of the Consultant contract. The Consultant will provide an itemized invoice to City for all moneys to be paid to owner together with appropriate documentation for all reimbursable expenses as well as all expenses incurred incident to transfer of title. The Consultant shall not do work requiring payment from funds within the Management Reserve Funds (MRF) without prior written authorization from the City. E. Create Web Accessible Proiect Tracking Data Base Consultant will utilize an Internet -based tracking system to maintain a complete record of progress on each parcel. The City will have access to this system to monitor activities and to make entries. Consultant will provide a diary with all negotiation packages submitted to the City. The diary information will be extracted from the Internet -based tracking system and will include, at a minimum, the time, place, amount of offer, to whom the offer was made, all parties present and the owner's response. F. QA/QC Process The Consultant shall describe the Quality Assurance or Quality Control Process he will use to discover and correct errors in project documentation. The Consultant will include in the process the procedure the City will use to monitor the QA methods from the web - based tracking system. G. Project Kickoff Meeting Consultant will meet with the City to discuss project features, objectives and constraints prior to beginning work. This meeting will cover all aspects of the project including, but not limited to, document content and format, the City's past communication with landowners, and communication and product delivery procedures. H. Proiect Open House Project Notification letters will be sent to all landowners along the Broadway Avenue project corridor explaining the project purpose and scope. Invitations will be extended to a public presentation and display administered by the City and assisted by Consultant. Task 2 Title The City will contract with a Title Insurance Company to obtain updated title reports for each property before beginning the appraisal work. The title company shall determine all encumbrances on the title; issue a settlement memorandum which shall include but not be limited to, payment of taxes due, the securing of full or partial releases, subordination and /or re- conveyance from lien Skillings Connolly, Inc. 11 Project No. 08258 City of Spokane valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 holders of record; work with other local, state, or federal agencies to secure interagency agreements for easement releases, subordinations or other compatible agreements. In the event the title company needs additional information from property sellers, the Consultant will assist the title company in obtaining the needed information. Task 3 Appraisal — Sub - Consultant Consultant will offer appraisal assistance and coordination with the Sub- Consultant who will provide the following: The format and level of documentation required are dependent on the assignment as well as the complexity of the appraisal problem to be solved. The appraiser will determine Fair Market Value for all property rights affected prior to acquisition. For acquisitions coming in under $25,000 in compensation, the appraiser will complete an Administrative Offer Summary (AOS) for each parcel. The Appraiser will include in the submittal to the City all necessary information used to form the fair Market Value in each AOS. For parcels over the $25,000 threshold or those determined to be too complicated for an AOS, an appropriate appraisal will be provided subject to the requirements of the Appraisal Institute and the Uniform Standards of Professional Practice of the Appraisal Foundation. For these more complex parcels, the appraiser will compile a report which contains the appraiser's estimate of fair market value, all data on which the opinion is based, and a narrative explanation supporting the appraiser's conclusions. The appraisal report is a written statement that is independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. It must be complete and reliable in all its contents. The Consultant will prepare and mail to each property owner a "Notice of Decision to Appraise" letter and schedule meetings with the appraiser. Initially for all parcels, the appraiser will contact the owner or the owner's agent of the subject property and offer the opportunity for that person to accompany the appraiser in an inspection of the property. If the property owner or the owner's representative cannot be contacted, or if he or she elects not to accompany the appraiser on the inspection, it will be noted in the appraisal history. The appraiser will determine the highest and best use, which is the foundation on which fair market value is established. It is the responsibility of the appraiser when analyzing highest and best use to determine the "larger parcel" that is to be appraised. The larger parcel is a premise that is unique to eminent domain valuation and means the entire property that should be appraised. It is important in eminent domain situations to include all of the owner's lands that qualify in order to determine the tract(s) that may be damaged or benefited by the acquisition. It is the appraiser's responsibility to identify and support the use of a specific value through research and analysis of market data. The opinion of value includes an adequately described property, as of a specific date, and supported by the presentation and analysis of relevant market information. Generally, a range of value is developed and analyzed within the report. The analysis will result in a conclusion which is reported as a single indication of value. Skillings Connolly, Inc. 12 Project Flo. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16. 2008 The appraiser will add any additional assumptions or limiting conditions that may be appropriate for an appraisal assignment and will remove any assumptions or limiting conditions that are not appropriate. Task 4 Appraisal Review — Sub - Consultant Consultant will offer review appraisal assistance and coordination with the Sub - Consultant who will provide the following: The appraisal review process is that part of the appraisal process that ensures that both the property owner and the taxpayer are treated fairly by having properly prepared appraisal reports with credible valuation estimates. The review appraiser establishes the offer of just compensation. Consultant will provide the review appraisal services for this agreement. The review appraiser will act as a neutral party when evaluating appraisal reports, and the review analysis and findings will reflect this neutrality. The review appraiser is an advocate only for the appropriate implementation of the Uniform Act, state eminent domain law and regulations, and criteria outlined by WSDOT. Documentation standards for appraisal and appraisal review will be commensurate with the complexity of the appraisal problem. The review appraiser will prepare an appropriate written explanation supporting the review appraiser's estimate of just compensation. The review appraiser will consider standard appraisal practices, mathematical computations, format and completeness, support and documentation, and appraisal techniques employed in the review of any appraisal, but the review is not to be limited to these items. Finally, the review appraiser should determine that the concluded value is the highest price supportable in the market and that the appraisal is made in accordance with the highest professional methods and ethical standards and with constant regard to the rights of the property owner and the community. The review appraiser is delegated the responsibility for establishing just compensation or the final estimate of value used to initiate negotiations. The review appraiser is responsible for the content of the Determination of Just Compensation, as well as for further documentation they add to the report. The review appraiser will sign the certification which verifies that the statements within have been read and all are true and correct. A new certification will be submitted for any changes in the report, and the date of the report must correspond with the date of the changes. It is the review appraiser's approved estimate of compensation that is the amount that must be offered to the landowner. Task 5 Acquisition Services A. Meeting Preparation Consultant will provide a booklet describing the right -of -way process to the City for delivery with each first offer letter entitled City of Spokane Valley's Acquisition /Relocation Handbook. The handbook format may be a modified version of the WSDOT booklet, Transportation Property Needs and You. The negotiator will thoroughly review the appraisal data for each parcel, as it is impossible to explain the report and advocate its position unless the negotiator understands and believes in Sklllings Connolly, Inc. 13 Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 the valuation. The Consultant shall propose price determinations subject to the approval and revision by the City and after approval or revision, prepare First Offer Letters, B. Document Preparation The Consultant will prepare the City forms based on the LAG forms provided by WSDOT and created under separate agreement. Consultant will prepare and provide conveyance documents specific to Broadway Avenue for the property rights to be acquired on the project including, but not limited to: First Offer Letters with Summaries, Rights of Entry, Request for Taxpayer Identification Number and Certification Documents (W -9 Taxpayer Identification Forms), Real Property Vouchers, Real Estate Tax Affidavits, Right -of -Way Dedication Deeds, Right -of -Way Easements, Temporary Construction Permits, and Road Construction Agreements. The CONSULTANT will also prepare the Right -of -Way Diaries for documentation of individual parcel contacts and activities. The City will provide to Consultant the prepared legal descriptions for the right of way to be acquired via fee and/or easement. Legal Descriptions will be provided in digital and hard copy form. The Consultant will review the descriptions for accuracy based on the information provided to the Consultant. C. Negotiations Acquisition negotiations for the project will be commenced within 10 days of receipt of written authority to initiate contact and the price determinations are approved by the City. First Offer Letters for all property owners will be submitted to the City for review, signature and mailing. The City will provide Consultant with a photocopy of each offer letter sent out. Consultant will contact property owners, advise them of the process, prepare and assemble negotiation packages, and schedule appointments. The Summary Statements and written offers will be prepared and presented to the owners, along with the City of Spokane Valley's Acquisition /Relocation Handbook, at personal meetings. The negotiator will schedule such meetings at times and places convenient to the owners to set a conciliatory tone from the start of the process, versus an adversarial one. If an interpreter is required, this need will be identified in the initial contact with our personnel. The Consultant will encourage the family to ask for the help of someone they trust such as a relative, friend, or priest to interpret. If the family needs an interpreter the Consultant will hire and schedule one. If an appointment has not been previously scheduled, within five days of the mailing of the offer letter, Consultant will attempt to contact each property owner for an appointment to begin negotiations. Absentee owners will be contacted and negotiations conducted by telephone. If Consultant is unable to contact the owner within the first ten days of the mailing date of the offer letter, Consultant will notify the City of those owners with whom contact could not be made and request direction on how to proceed. Skillings Connolly, Inc. 14 Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 15, 2008 Consultant will assure that negotiations will be performed only to the limit of authority delineated by the title reports, project maps, determination of fair market value, and manual of procedures, acquisition schedule, or written instructions issued by the City. Consultant will work such days and hours as may be necessary to meet with interested property owners that may not be available during regular working days or hours. Consultant will utilize an Internet -based tracking system to maintain a complete record of progress on each parcel. The City will have access to this system to monitor activities and to make entries. Consultant will provide a diary with all negotiation packages submitted to the City. The diary information will be extracted from the Internet -based tracking system and will include, at a minimum, the time, place, amount of offer, to whom the offer was made, all parties present and the owner's response. At the first meeting or phone conversation with each property owner or their agent, Consultant will explain the purpose and need for the project, identify what is needed from each owner's property for the project, attempt to receive a commitment from the owner to accept the City's offer, and record all information needed to prepare closing documents. It may easily take three meetings just to arrive at substantive discussions relative to value. The first meeting is usually introductory, and is often a time for the owner to vent emotion. The second is usually a serious discussion about what constitutes fair market value; e.g., there is no bonus for being forced to sell, and how the appraiser estimates that value. The third can look more personally at the value of the individual parcel under consideration and differences in opinion that might be arising. The Consultant shall not set a pre - established numbers of contacts that will be allotted before a parcel is turned over for court action. However, at least four to five contacts are anticipated to secure voluntary settlements. The Consultant shall allocate adequate time to work through the emotional aspects of the forced sell, to educate the owners to the valuation process, to discuss the particular valuation questions, and to resolve differences when the resolution is acceptable under City policy for reappraisal or administrative settlement. In those cases where it is inconvenient to the owner, negotiations will be completed by mail without personal contact, or where first contact has been made, for subsequent negotiations, provided that no relocation payments are involved. The Consultant will submit to the City for approval any recommendations involving a value higher than the determination of just compensation. An escrow account will be opened for each negotiated settlement. The negotiator will work with the escrow agent as needed, and close the escrow account after title is transferred. The escrow fee and title insurance charge will be payable by the City separate from the fees included as part of the Consultant contract. The Consultant will provide an itemized invoice to the City for all moneys to be paid to owner together with appropriate documentation for all reimbursable expenses as well as all expenses incurred incident to transfer of title. If within a reasonable time, not less than 30 days nor more than 60 days from the initiation of negotiations with the owner, it appears that an agreement relative to payment and consistent with the City's acquisition schedule cannot be reached, the Consultant will make a Skillings Connolly, Inc. i5 Project No. 06258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 recommendation to the City relative to the initiation of condemnation proceedings. Unresolved offers will be submitted to the City for court action. During negotiations with owner - occupants, the Consultant negotiator will also explain fair market rental value for the premises and discuss the need for an occupancy agreement. The Consultant negotiator will either get the initial occupancy agreement, supplied in form by the City, signed by the owner - occupant; or inform the City of the owner's unwillingness to do so, so that appropriate legal action can be taken to ensure the City's physical possession of the premises when appropriate. D. Closing, Conveyance, and Certification Consultant will establish relations with a local title company to coordinate closing on the right - of -way acquisitions. When the City receives acceptable documents from the Consultant, they will be signed by the City and forwarded to the title /escrow company for processing, recording, and closing. The Consultant will coordinate the following: a. Provide instructions to the property owners, title company, and escrow company; b. Make recommendations to the City and /or the City Council as needed; c. Monitor schedule of closing dates; d. Make recommendations to the City regarding the schedule for closing; e. Deliver pertinent documents to the escrow and title company with escrow agreement; f. Obtain required document signatures from all appropriate parties to the transaction; g. Ensure escrow /title company records documents properly and distributes funds promptly; h. Ensure that the original copies are transmitted to the City; i. Obtain original title policy on acquired right of way from the title company. The City will pay all direct expenses associated with limited liability guarantees, title reports, title insurance, escrow fees, other closing costs and payments to property owners. Task 6 Relocation Process - n/a It is assumed that no relocation will be required for the Broadway Avenue project. If relocations are found to be necessary and the City wishes to have the Consultant assist in the relocation process, that work will be negotiated and added by supplemental agreement. Task 7 Property Management — n/a It is assumed there are no property management services involved on Broadway Avenue. If property management is found to be necessary and the City wishes to have the Consultant assist in the property management process, that work will be negotiated and added by supplemental agreement. END SCOPE OF WORK Sklllings Connolly, Inc. i6 Project fro. 08256 Cily of Spokane Valley Real Estate Smices for Broadway Ave Moore Road to Flora Road Rev July 16. 20G8 Prepared By: Maureen M. Walsh Date Reviewed By: Brian Fagernes Date Skillings Connolly, Inc. 17 Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 15, 2008 EXHIBIT D -3 PAYMENT (NEGOTIATED HOURLY RATE) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. 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 fees of sub - consultants. 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 Code of Federal Regulations (CFR) Part 31.205 -46 "Travel Costs." The billing for direct non - salary costs shall include an itemized listing of the charges directly identifiable with the PROJECT. 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. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work," 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E ", including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a Skillings Connolly, Inc. 115 PMect No. 08256 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. 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. 7. 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. Skillings Connolly, Inc. lu Protect No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Exhibit E -1 / Consultant Fee Determination — Man Hours" 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 E -2 / Consultant Fee Determination — Summary" 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: • Appraisal Services • Review Appraisal Services Skillings Connolly, Inc. 1G Project No, 08258 City of Spokano Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 EXHIBIT H TITLE VI ASSURANCES During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non - discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub- consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non - discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and /or; Cancellation, termination, or suspension of the AGREEMENT, in whole or in part Sklllings Connolly, Inc. 23 Project N0. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 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. Skillings Connolly, Inc. 24 Project N0, 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) 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 non - salary costs incurred at the time of termination of this AGREEMENT. Skillings Connolly, Inc. 25 Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 EXHIBIT M -1(A) CERTIFICATION OF CONSULTANT Project No.08258 Local Agency City of Spokane Valley I hereby certify that I am Thomas E. Skillings, PE and am a duly authorized representative of the firm of Skillings Connolly, Inc. whose address is PO Box 5080, Lacey, WA 98509 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); 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. t Dst Skillings Connolly, Inc. onnas E. �Skiffi s, PE Project No. 08258 City of Spokane Valley Real Estate Sen-Ices for Broadway Ave Mome Road to Flora Road Rev July 16, 2008 Exhibit M -1(b) Certification Of Agency Official hereby certify that I am the AGENCY Official of the Local Agency of City of Spokane Valley, Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. �t Date Si nature Skillings Connolly, Inc. V Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(B) of this certification; and D. Have not within a three (3) year period preceding this application /proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 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): Skillings Connolly, Inc. R 1 Da a Thomas, E. Skill ings, PE Skillings Connolly, Inc. 28 Project No. 08258 City of Spokane Valley Real Estate Sendces for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 Exhibit M -3 Certification Regarding The Restrictions Of The Use of Federal Funds For Lobbying The prospective participant certifies, by signing; and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan; or cooperative agrcement. 2. Lf any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prereattisitc for making or entering into this transaction imposed by .Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be. included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): Skillings Connolly, Inc. L2 19 )o 7- - ' *�, 'Mate) homas E.,.Skillings, PE, Pb qstnt Skillings Connolly, Inc. 29 Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16, 2008 Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of Broadway Avenue Real Estate Services, * are accurate, complete, and current as of July 8, 2008 * *. This certification includes t;he cost or pricing data supporting any advance agreements and fonvard pricing rate agreements behveen the offer or and the Government that are part of the proposal. Firm $killings Connolly, Inc. Name Thomas E. Shillings, PI Title President. Date of )execution July 8, 2008 SkillinQs Connolly, Inc, 3o Project No. 08258 City of Spokane Valley Real Estate Smices for Broadway Ave Mocre Road to Flora Road Rev July 16, 2008 Supplemental Signature Consultant/Address/Telephone Page for Skillings Connolly, Inc. PO Box 5080 Standard Consultant 5016 Lacey Blvd. SE Agreement Lacey, WA 98509 (360) 491 -3399 Agreement Number Project Title And Work Description 08258 Real Estate Services for Broadway Avenue Moore Road to Flora Road Federal Aid Number Local Agency City of Spokane, Washington THIS AGREEMENT, made and entered into this /�V/t, day of _1l9 T 20j , between the Local Agency of City of Spokane Valley, Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT ". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. SKILLINGS CONNOLLY, IN B Y Thomas E. Skit ings, PE CITY OF SPOKANE VALLEY I V0 BY By Skillings Connolly, Inc. 31 Project No. 08258 City of Spokane Valley Real Estate Services for Broadway Ave Moore Road to Flora Road Rev July 16. 2008 = gent#: 324969 SKILLCON '° ACORD- CER FICATE OF LIABILITY INSURANCE DATE (,MMID=YYY) 08/04108 PRODUCER Kibble & Prentice, a USI Co. P.O. Box 370 Seattle, WA 98111 206 441 -6300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Skillings- Connolly, Inc. 5016 Lacey Blvd. SE Lacey, WA 98503 INSURERA: Travelers Indemnity Co. of America 25666 LvsuRERB: Hudson Insurance Company 25054 wsvRERc: Travelers Indemnity Company 25658 INSURER 0: 680676OL011 INSURER E 12/18/08 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT'PIITKSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDO MA LIMITS A GENERAL LIABILITY 680676OL011 12118/07 12/18/08 EACH OCCURRENCE S1 000 000 X COMMERCIALG&NERALLIABILITY OAM�G ;SORENTED S1.000.000 CLAIM$ MADS 7 OCCUR MED EXP (Any cno person) $5,000 PERSONAL d ADV INJURY S1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • cChIPdOP AGG s2,000,000 FOLICY X jRO- LOG C AUTOMOBILE LIABILITY X ANYAUTO BA67521-594 12/18/07 12/18/08 COMBINED SINGLE LIMIT (Eeaccidere) S1,000,000 BODILY INJURY (Par person) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Peraccidem) $ X HIRED AUTOS X NON- OIA'NEDAUTOS PROPERTY DAMAGE (Per a--Odom) 5 GARAGE LIABILITY AUTO ONLY - EA. ACCIDENT S 0TH_ =R THAN EA ACC S ANY AUTO S ALTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR D CLAIMS MADE AGGREGATE S 5 S 3 DEDUCTIBLE S RETENTION S A vooRxERS coupeNsAvoN AND 68067601-011 12118107 12/18/08 T'�C LIMITS X o R E.L. EACH ACCIDENT $1 000 000 EMPLOYERS' LIABILITY ANY OFFICERM.ENBR1EXCLUD D?� ,e (WA Stop Gap) E.L. DISEASE -E4 EMPLOYEE $1,000,000 I yyes, describe under SPECIAL PROVISIONS befcN E.L. DISEASE - POLICY LIMIT 51,000 000 B OTHER professional AEE7118303 03/02/08 03102JO9 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Project No. 08258, Real Estate Services for Broadway Avenue Moore Road to Flora Road. The Certificate Holder Is named as an Additional Insured on the General Liability Policy, with respects to operations of the Named Insured. GtKI It- IGAIt MULUtK City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane, WA 99206 I LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ! THEREOF, THE ISSUING ENSURER WILL RRXOt MAIL —4.5_ DAYS WRITTEN CE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,ZXJtM K AUTHORED REPRESENTATIVE ACORD 25 (2001108) 1 of 2 #S2604558/M2428833 MXTJU O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (2001108) 2 of 2 #S28045581M2428833 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury' arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 ® 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Ofrice. Inc., with ils permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section 1): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2007 The Travelers Companies, Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office, Inc., vrith its permission. Client #: 324969 SKILLCON ACORUr CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 03/11/10 PRODUCER Kibble & Prentice, a USI Co. P.O. Box 370 Seattle, WA 98111 206 441 -6300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Skillings Connolly, Inc. 5016 Lacey Blvd. SE Lacey, WA 98503 INSURER A: Travelers Indemnity Company 25658 INSURER B XL Specialty Insurance Company 37885 INSURER c Charter Oak Fire Insurance Company 25615 INSURER D: 680676OL011 INSURER E' 12/18/10 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN R LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MM DD/Y LIMITS A GENERAL LIABILITY 680676OL011 12/18/09 12/18/10 EACH OCCURRENCE $1,000,000 DAMAGE TPREMISES Ea O REocNTED currence $1 000 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY S11000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG s2,000,000 POLICY X PRO- LOC JECT C AUTOMOBILE X LIABILITY ANYAUTO BA67521L594 12/18/09 12/18/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC ANYAUTO $ $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE S AGGREGATE IS OCCUR F-1 CLAIMS MADE $ DEDUCTIBLE S RETENTION $ A WORKERS COMPENSATION AND 680676OL011 12/18/09 12/18/10 WC STM X OTH- 5LTAT E.L. EACH ACCIDENT $11000.000 EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ( WA Stop Gap) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S1,000.000 B OTHER Professional DPR9682562 03/02/10 03/02/11 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Re: Project No. 08258, Real Estate Services for Broadway Avenue Moore Road to Flora Road. The Certificate Holder is named as an Additional Insured on the General Liability Policy, with respects to operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Spokane Valley DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN 11707 East Sprague Avenue, Suite 106 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Spokane, WA 99206 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 1 of 2 #M4276494 MXTJU O ACORD CORPORATION 1988 tl Uoff -o�� IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (2001108) 2 of 2 #M4276494 Client #: 324969 SKILLCON ACORD_ CERTIFICATE OF LIABILITY INSURANCE 03/11 /DYYYY) 3 /11/M10 ,'D PRODUCER Kibble & Prentice, a US[ Co. P.O. Box 370 Seattle. WA 98111 206 441 -6300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Skillings Connolly, Inc. 5016 Lacey Blvd. SE Lacey, WA 98503 INSURERA: Travelers Indemnity Company 25658 INSURER B XL Specialty Insurance Company 37885 INSURER C: Charter Oak Fire Insurance Company 25615 INSURER D'. 680676OL011 INSURER E: 12/18/10 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM DD POLICY EXPIRATION DATE MM /DD LIMITS A GENERAL LIABILITY 680676OL011 12/18/09 12/18/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR PREMISESa Sceur ante $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY Si 000,000 GENERAL AGGREGATE s2,000.000 GEN'L AGGREGATE LIMIT APPLIESPER: PRODUCTS - COMP /OPAGG $2000,000 POLICY X JjE � LOC C AUTOMOBILE X LIABILITY ANY AUTO BA6752L594 12/18/09 12/18/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON- OWNEDAUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO S AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FI CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE S RETENTION $ A WORKERS COMPENSATION AND 680676OL011 12/18/09 12/18/10 TOR STATUS X O R EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE ( WA Stop Gap) E.L. EACH ACCIDENT S11,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? Has , describe under SCIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1$1,000,000 B OTHER Professional DPR9682562 03/02/10 03/02/11 $1,000,000 per claim Liability I $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS LOCATIONS ' VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: Project No. 10016, City of Spokane Valley On -Call Right -of -Way Acquisition and Appraisal Services. The Certificate Holder is named as an Additional Insured on the General Liability Policy, with respects to operations of the Named Insured. CERTIFICATE HOLDER City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4-S_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) 1 of 2 #M4276494 MXTJU o ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (2001/08) 2 of 2 #M4276494 Kibble & Prentice, a USI Co. P.O. Box 370 Seattle, WA 98111 206 441 -6300 City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane, WA 99206 CITY OF SPOKANE YAIIEr Pubiic Worics OepartmeM REQUEST FOR PROPOS- A1S (aFP� N08-013 ON-CAL� REAL ESTATE SEAY(CES The Ctty of Spokane Val- ley s��ks a qualified con- suliant to psavi�e on call �al estate services far aurrent and future publi� 'Federal Tax ID No. 68 wDri�s pro�e�ta. A typi�l project wo�id muolve the eppraisal, negotiatian AFFIDAVIT OF PUBLICATION and purchase of addition- ai nghtaof�way ta �Ilaw widening ot City r�ads STATE OF WASHINGTON and canstrucUan of storm County of Spokane� ss wate� s�st�ms; and �auld mvolve acquiring verying �epths ai fr�r�age pro ger- Name: City of Spokane Valley Acct: 42365 ty along an ex�s in� street or purchasing en- Ure lots; and �oufd rn• P.O.: No. Lines: 56 clude up ta 50 �eat estaie tran�ac#tans for ar� indi• Totel Cost: 362.92 Lo No: SR15943 viduei road project Sub 9 mit a� or�ginal plus four (4! duplicate �op��s nf I, Ruth Sullivan praposai s� that �hey ar� do solemnl swear that I am the Princi al Clerk of the SPOKESMAN- r�e�ved by the C+ty at Y P $ppl�,ane V8118y ItOt {8t�f i REVIEW� a newspaper established and regula�ly published, once than &00 PM l�r�t each da in the En lish lan ua e, in and of eneral circulation in the t�me). Aprit 25, Z�09. De- Y 9� 9 9 9 liver pro �sa�s to steve City of Spokane, Spokane County, Washington; and in the City of wnrley, Sen�ar En�ine�, Coeur d'Alene� Kootenai County, Idaho; that said newspaper has Cit af Spokane valley been so established and re ula� ublished and has had said eneral PuDlicWarks Oepartment. 9 y p 9 11747 Sp�ague Ave- circulation continuously for more than six (6) months prior to the 23rd nus, suite lAS, Spa�ne day of July, 1941; that said newspaper is printed in an office va��ey Washinglon maintained at its lace of ublication in the C' of S okane� 99205 •5+9444_ A�mple�e P P �Y P co�► of the RFP cen De Washington that said newspaper was approved and designated as a iaun� or� tne G�t�s legal newspaper by order of the Superior Court of the State of w�bs�ta at www.spakane- N►ashin ton for S okane Coun on the 23rd da of Jul 1941, and valley.ot� 9 p y y that said order has not been revoked and is in full force and effect; C� �rC ;ne Bainbridge that the notice attached hereto and which is a part of the proof of Spakatt� Vallsyr City Clerk publication, was published in said newspaper, two time(s), the publication having been made once each time on the following dates: Publtsh: Apr�l 4 and 11, i2�08 SR15943 April 4 8� 11, 2008 That said notice was published in the regular and entire issue of every number of the paper dur�ng the period of time of publication, and that the notice was published in the newspaper proper and not in a supplement. C ��l�� gStON F '9 Subscribed and sworn to before me at the City of Spokane� this 11th +A, day of April, 2008 UTA 9 c� a v N R Y p U H L 1 C Notary Public in and or the State of Washington� residing in Spokane County, Washington "`�4Y J� WAS� SUPERIOR COURT OF WASHINGTON FOR SPOK:ANE COUrNTY In the Ivlatter of: REQUEST FOR PROPOSALS No. (RFP) #Q8-013 On-Call Iteal Esta#e Services AFFIDAVIT �F PUBLISHING City of Spokane Valley NOTICE Public Works Depaztment STAT`E �F WASHINGTON )ss. County of Spokane juIlCHAEL being �rst duly swom on oath deposes �nd says t�at he is the �DITOR af The Spokane VaLleyNe�sHerald, a weekly ne�wspaper. Thatsaid newspaper is a legalnewspAper and it is now and has been far more thansix months prior ta the date of dte publication hereinafter refen�d to, published in the English language cnntinually �s a weekly newspaper in Spokane County, Washin�bcm, and i� is now and during aU of said time was printed in an office maintained at the aforesaid place of publiration of said newspaper, which said newspaper had been approved as a legal newspaper by otder of the Superior Court of �e State of Washington in and for Spokane County. T'hat tfie following Is a true copy of a�ublic na�ce as it was published in regular issuescommencingonthe 4th af A�. 20Q8, andending the ll�v of A�. 2Qt� oll datesi�clusive,andthat news-paper was rngularly distributed to its subscnbers during all of said period: Cl�Y OF BPOKAMiB YALLEY P+�bAc YIbAn tNpartrq��tt REQUEBT FC�t PRO�AL9 (t�A) f08�OiS c s� S ED and OIZN to before me w� A this 11#h da�f At�ril, 204� cal projod woufd invelvy Uro app�eal� noBo- �a a� o�ae�aa� ��r�way r� State of V1Tashin on o�►,bs�u,�atah►�sa�e wn�u�on 6r� County of Spokane a� m�r�e �s an stree! or p�e�ng dn'�fra la�s; and I certify that I know or have satisfactory evidence that ior an rndrv�du�1 raa+a +sd�1 an �ira�l 4u�r��a��,�, a R,�o�, �o+n� Michael Huffman is the person who appeared before �v me, and said person acknowledged t�iat he signed �oos: o�rv�cos�w�w�y,s�r ��E W�, this instrunnent and acknowledged it to be his free a n��' and voluntar act for the uses and oses men- �c�me� E. s�a�,o avenua� c' Y P�P �os. v� +ro�++� s�s�saaa. 'oned in th� instrument. n can�e oepy cf t�a R�P can ae ta�nd on tAe c��'� N p N A O lene Ra en '9 �4�!q Title: Not Pub 'c pF"W A5�► My appo' ent pires: 5 16-11 City �Of .Spokane Valley 117Q7 East Sprague No. Words at per word Totai Spokane Valley Wa� 99206 No. Lines at per line Total Attn: Chris Bainbridge No: Column in :at Single Busine"ss�Card Size p@f CiO�. �n. Total g90:00 I��FIDAVIT O� PIJBLIC14TlON STA'TE O�' WASHIN;GTON, County� of ,SS. Kelly McGiliis. �being.fiist,duly sworn, says that he�is�the- �Ctassified Ad�Manager of the Joumal Of Business whiCh iS�a Local news newspaper published and� issued B� W regularly at Spokane i� Spokane oounty. CC�Y.OF SPOKANE Vnt.t�r Puai.ic Won�s Dr��rr•►�ar State of� Washington and is,; �of general circulation in said county, and '.state, R p Ox�G"�' R�"1'�� S�c�a th8t tfie C,lassifted ad The City of Spc+l�an'e `i'all�y �rlts a yu�ltficd�ccnsuf �ri� co pr�vi¢e oi� Of' WhiCh th@ O�@ hefet0 enll ccal �eSCa�c Ser,vica for eu{rtzq� and futu�e public rvo�� pmjccra. A c�y}�Iuil waule{ imalvc chr �p�rpisni, itr�;arl�non'and �it+�ltasc o{ .att8Ch9d is a� �true and: correct, was putili�shed in "said newspaper �ctdiciuitial r1�hr-ef nay eq allow w�idrni� af cic}� Tvads� pnd ran- s�ruccion.af�oari �sy�: anc! oould it�v��c�nrqtiiti�fgvaryingdapcfis �OnCe a week .for 21 st �,a��t►taor pmpcm' alon� am czi�rin}� smcct oc`pur�wsiti cn�aa ldts; and caul� in�lude up cu•St} �u1 exmtr cta��ia��s fo��divid�ul m;ul,j,�vje«.. Weeks, being published one �COnsecutive �times, 5ul�mic �n ariginal plu,4 �+�ur duplicatraw��rs'�}f.(�ro,�osil so char they arz ry�t �publiCatiOn�,bei�g, 0� the day Of p►P�� 20 08 rcu.ti��ctliych��ic� o�'S�k�neYa11�,� no�l�cerZha�� S:pAl��i�(lac�aIrtair�, i A{�pt25, ?t1�1R. ,Q�{i� �rpropp�:slt �u �ye.ld�o�ty S�ni�,►r� En�oocr. �icy,oE and the last� on :�the 14 day of 'Ap�ll 20 ,08 Spokanc trallry I'ubl��r �+o�{cs D��ta'rcmcn� 11 5pr.�uc Auc,cue. 5uicr tOG,Spalcnnev�ilry,�a�f�an'3�tJ.►�-S44%�. il,asmpl�ceu��iJ��fdu�r I,�a�, b� �u"d�o" chGGlry'swd's�c` �--�.sp°�a"cv�lle�' -°�g That said �otice was published in and eritire.'issue: of every, number of sald�newspaper during said'period and ttiat-said��notice�was published (n the newspaper proper �antl �ot in a supplement; that the' charges' heron made are at the regula"r rdtes charged',.for such .advenising,, �and ihat the same�or any paR�thereof has�not been paid: �o� v su�cribe�d and�swom;to,betore.me,t�is 1:7th o April 20 OS �Nota Public in and�far the te ot Washington s �ti�-s on, O,o �9 ��r N�T/1R, 9 N Residing a �'1�//� ��eLIC O. O�T 15, g.D� W