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11-094.00 CLC Associates: Indiana Ave Extensionjrt..... W 11 2 ' vyIR {., AMENDMENT No. 8 TO AGREEMENT FOR PROFESSIONAL SERVICES Construction Surveying Services CLC Associates, Inc COSV Contract # 09 -048 Indiana Avenue Extension Project, CIP 0112 THIS AMENDMENT No. 8 is made to the Agreement for Professional Services dated October 20.2009 by and behveen the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and CLC Associates, Inc., hereinafter "Consultant" and jointly referred to as "parties." Pursuant to Section 1.0 Modifications of the Agreement for Professional Services, the parties hereby agree to amend the Agreement for Construction Survey Services on a Time and Materials Basis. These services will be tracked and billed on time and materials basis, and are subject to all of the conditions set forth in the original Agreement. The City agrees to pay Consultant up to $10,000 for the additional services provided for in this Amendment to the Agreement. Exhibits to this Amendment are as follows: 1. Professional Services Agreement dated October 20, 2009, 2. CLC 2011 Hourly fee Schedule Original Contract Amount $24,024.00 Prior amendments $18,223.00 Current Amendment Amount $10.000.00 Amended Contract Amount $52,247.00 The remainder of the Agreement will remain unchanged by this Amendment. t4 IN WITNESS WHEREOF, the parties have executed this Agreement this _day of Q 4201 1. C O SPOKANE VALLEY: Consultobt: CLk Associate; Inc. A iM&61ac;l ATTEST, Christine Bainbridge, City Clerk Tax 1D o. f � JJ REDACTE - - APPRO ED�,STO FORM: Office o0e City Att ey This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. (;D I I o 9 9 ,4`o� R °f CERTIFICATE OF LIABILITY INSURANCE 7/ " THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Van Gilder Insurance Corp. 1515 Wynkoop, Suite 200 Denver CO 80202 C ONTACT AMT: PHONE FAX - - AIC No - - - M AIL RESS: A rHU UUCFK to r: CLC INSURERS AFFORDING COVERAGE NAIC 8 680676OL987 INSURED CLC Associates, Inc. 12730 E. Mirbeau Parkway, #210 INSURER A: Travelers Insurance 0 INSURER B: National Union Fire Ins Co of 0 INSURERC:Hudson Insurance Compan Spokane WA 99216 INSURER 0: INSURER E: MEDEXP (Any one person) INSURER F: CLAIMS•MADE T OCCUR COVERAUES CERTIFICATE NUMBER! 21T 99Ar9A RFVISInN NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY L TYPE OF INSURANCE POLICY NUMBER MIDD YY PI EXP LIMITS A GENERAL LIABILITY Y Y 680676OL987 12121/2010 12/21/2011 EACH OCCURRENCE 51,000,000 DAMAGE TO RENTED PREMISES ence $1,000,000 x COMMERCUU.GENERAL LU181LITY MEDEXP (Any one person) $10,000 CLAIMS•MADE T OCCUR PERSONAL BADVINJURY 51,000,000 GENERAL AGGREGATE $2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS- camptoPAGG S2.000,000 PRO- LOC POLICY x $ A AVTOMOSILE LIABILITY Y Y BA67S7L2S2 12/21/2010 12/2112011 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person) S ALL OWNED AUTOS BODILY INJURY (Per accident) S X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Peraccidenl) S S X NON -OWNED AUTOS $ a X UMBRELLALUIB % OCCUR Y Y EBUO34248281 12/21/2010 12/21/2011 EACH OCCURRENCE $8.000,000 AGGREGATE $6,000,000 EXCESS LIAB CLAIMS -MADE DEDUCTIBLE S $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRMTORIPARTNERIEXECUTIVE M OFFICEREMBER EXCLUDED? EJ NIA Y UB3599TOS7 12/21/2010 12/21/2011 WCSTATU- x 0TH- TORY LIMITS Stop Ga p E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $1, 000, 000 (Mandatory In NH) Ifyes, describe under E.L DISEASE . POLICY MIT LI Si, 000, 000 QESCRIPTION OF OPERATIONS below C Professional Liability Y Y A1 12121/2011 Per Claim $2,000,000 Claims Made Annual Aggregate $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, B more space is required) If required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and Owner are included as Additional Insureds for ongoing and completed operations under General Liability; Designated Insured under See Attached... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION RATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. COSV Contract #09 -048 Amend. #8 11707 E. Sprague Avenue Suite 106 Spokane Valley WA 99206 AUTHORIZED REPRESENTATIVE W5 �A +. ACORD CORPORATION. All rights reserved. ACORD 25 (2009!09) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CLC _ LOC: ACCIO o® ADDITIONAL REMARKS SCHEDULE Page 1�� of 1 AGENCY NAMED BOURED Van Gilder Insurance Corp. CLC Associates, Inc. 12730 E. Mirbeau Parkway, #210 Spokane WA 99216 POUCY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANC ► utomobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to viability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. 'his insurance will apply on a primary, non - contributory basis. A Blanket Waiver of Subrogation applies .or General Liability, Automobile Liability and Umbrella /Excess Liability. Limited Contractual Liability .s included. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, ktomobile Liability and Employers Liability. Porkers Compensation coverage does not apply to employees who are hired or reside in the states of North Dakota, Ohio, Washington, and Wyoming. Employers viability Stop Gap coverage applies to the States of North Dakota, Ohio, Washington, and Wyoming. ACORD 101 f20081011 All rights rasarved The ACORD name and logo are registered marks of ACORD Craig Aldworth From: Zack Lennon [zacklennon @cicassoc.com] Sent: Tuesday, July 19, 2011 7:54 AM To: Craig Aldworth Subject: On Call Survey Amendment Craig, The last amendment was #7 for On Call Surveying in the amount of $3,000 executed on May 16' Since then the crew has visited the site 11 times. I apologize for not recognizing earlier that we were over our budget for this item. Here is where we currently stand on the budget through Friday, July 15 Original Budget: $3,000.00 Previously Invoiced Amount: $1,122.00 Work In Progress through July 15: $7,975.00 Current Contract Deficit [- $6,097.00] The crew was on site yesterday for about 3 hours and I expect that will be the case most days this week. Thanks, Zack Zack Lennon, PLS Project Manager I CLC Associates, Inc. 509.458.6840 main 1509.227.7540 direct 1509.458.6844 facsimile 12730 E. Mirabeau Parkway, Suite 100 1 Spokane Valley, WA 99216 CL C ASSOCIATES V.'W'A CLCASSCJC.CQM !:� Planning I Entitlements I Architecture I Engineering I Landscape Architecture I Land Surveying Denver Phoenix Salt Lake City Spokane This e-mail is for the intended recipient only and may contain business confidential information. Use of or reliance upon this e-mail other than by the intended recipient is prohibited. This e-mail is the property of the author, furnished without guarantee or warranty, express or implied. Please contact the sender and delete the material from your computer and any network if you receive this in error. AGREEMENT FOR PROFESSIONAL SERVICES <CLC Associates, Inc Professional Land Surveying Services for the Indiana Extension Project, CIP No. 0112 Contract No. 09 -048 THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and CLC Associates, Inc. hereinafter "Consultant," jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Work to Be Performed The Consultant will provide all labor, services and material to satisfactorily complete the attached, Attachment "A ", Scope of Services. A. Administration The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Work, schedule and date of completion. Upon written notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Work, stop work and promptly cure any failure in performance under this agreement. B, Representations The City has relied upon the qualifications of the Consultant in entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Work. No substitutions of agreed upon personnel shall be made without the written consent of the City. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Modifications The City may modify this agreement and order changes in the work whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the City without additional compensation. 2. Term of Contract This agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met. Either party may terminate this agreement by ten days written notice to the other party. In the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation The city agrees to pay the Consultant on a time and material basis, not to exceed $21,840.00 for the Professional Surveying services as described in the attached proposal. A 10% Agreement for Professional Services Page 1 of 5 FILE COPY Management Reserve Fund (MRF) in the amount of $2,184.00 is also hereby established for a total contract amount of $24,024.00 as full compensation for everything done under this agreement. The Consultant shall not start work requiring payment from the MRF without prior written approval from the City. 4. Payment The Consultant shall be paid monthly upon presentation of an invoice to the City. Applications for payment shall be sent to the City Clerk at the below stated address. The City reserves the right to withhold payment under this agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City Standards, City ordinances and federal or state standards. 5. Notice Notice shall be given in writing as follows; TO THE CITY TO THE CONSULTANT Name: Christine Bainbridge, City Clerk Phone Number: (509)921 -1000 Address: 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 Name: CLC Associates, Inc. Phone Number: 509- 458 -6840 Address: 12730 E. Mirabeau Parkway, Ste 100 Spokane Valley, WA 99216 6. Applicable Laws and Standards The parties, in the performance ofthis agreement, agree to comply with all applicable Federal, State, local laws, ordinances, and regulations. 7. Relationship of the Parties It is understood, agreed and declared thatthe Consultant shall be an independent Consultant and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the Consultant. Any and all employees who provide services to the City under this agreement shall be deemed employees solely ofthe Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this agreement and any liability that may attach thereto. 8. Ownership ofDocuments The final documents) prepared pursuant to this agreement shall become the property of the City upon completion of the Services and payment in full of monies due to Consultant. All drawings, plans, specifications, and other related documents prepared by the Consultantunder this agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 9. Records The City or State Auditor or any'of their representatives shall have full access to and the right to examine during normal business hours all of the Consultant's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 10. Insurance The Consultant shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to Agreement for Professional Services Page 2 of 5 limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non - owned, hued and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CO 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. Cancellation of Consultant's insurance shall be governed by either: a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City, or Agreement for Professional Services Page 3 of 5 b. the Consultant shall provide at least 30 days prior written notice by certified mail, return receipt requested of a cancellation. D. Acceptability oflnsurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this contract, the Consultant shall furnish acceptable insurance certificates to the City at the time the Consultant returns the signed contract. The certificate shall specify all ofthe parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self - insurance. 11. Indemnification and Hold Harmless The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance ofthis agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence ofthe Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent ofthe Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions ofthis section shall survive the expiration or termination of the agreement. 12, Waiver No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any ofthe conditions or provisions ofthis agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any ofthe provisions ofthis agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this agreement or any part thereof. 13. Assignment and Dele a� tion Neither party shall assign, transfer or delegate any or all ofthe responsibilities ofthis agreement or the benefits received hereunder without first obtaining the written consent of the other party, 14. Subcontracts Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of the City. 15. Confidentiality Consultant may, from time to time, receive information which is deemed by the City to be confidential. Consultant shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction. Agreement for Professional Services Page 4 of 5 % ci Py awr 16. Jurisdiction and Venue This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 17. Cost and Attorney's Fees In the event a lawsuit is brought with respect to this agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute, Consultant's attorney fees payable by the City shall not exceed the total sum amount paid under this agreement. 18. Entire A reement. This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior orator written agreements. This agreement may not be changed, modified or altered except in writing signed by the parties hereto. 19. Anti - kickback No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement shall have or acquire any interest in this agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this agreement. 20. Business Registration Prior to commencement ofwork under this agreement, Consultant shall register with the City as a business. 21. Severability If any section, sentence, clause or phrase ofthis agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this agreement. 22. Exhibits Exhibits attached and incorporated into this agreement are: 1. Attachment A, Scope of services and Survey Limits Map 2. Exhibit B 3. Exhibit C 4. Insurance Certificates S WEILREOF, the.parties have executed this agreement this day of M S f 2009. CITY OF SPOKA LEY: Cons tart: -:2�4 44 zo�a David Mercier, City Manager w , U lc � Pees 1 d,, f Tax ID No._ REDACTED- --- c r4 sj o c t e �-, i A C. alsai APPROVED AS TO FORM: edge , i Wk of t City Attorney Agreement for Professional Services Page 5 of 5 This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. INDIANA AVENUE EXTENSION September 30, 2009 ATTACHMENT "A" Scope of Services: Consultant will provide an ALTA /ACSM Land Title Survey of the property identified by Spokane County Tax Parcel Numbers 45131.0112, 45131.0115 and 45131.0115. This survey will be prepared in accordance with the Minimum Standard Detail Requirements for ALTA / ACSM Land Title Surveys jointly established and adopted by the American Land Title Association, ("ALTA °) and the National Society of Professional Surveyors ("NSPS ") (a member organization of the American Congress on Surveying and Mapping) in 2005. Table A Optional Survey Responsibilities and Specifications items 1 -5, 8, 10, 11(a),13, 15 and 16 will be incorporated per your request. We will use the Standard Surveyor's Certification adopted by the American Land Title Association, ( °ALTX) and the National Society of Professional Surveyors ( "NSPS ") (a member organization of the American Congress on Surveying and Mapping) in 2005. ( ask 3 of the "Revised Request forScope of Surveying Services" dated September 29, 2009.) • During the boundary survey portion of the ALTA/ACSM Land Title Survey, the field survey crew will locate and mark all existina corners of the specifided parcels as they are visited with a four foot tail lath and pink flagging. ( Task f of the "Revised Request for Scope of Surveying Services" dated September 29, 2009.) • During the topographic survey portion of the ALTA/ACSM Land Title Survey, the field survey crew will perform a topographic survey of the visible above ground features, improvements, utilities and grade breaks to the. boundaries of the specified parcels and the existing ROW of Mission Avenue extending west of Flora Road to a line approximately 100 feet west of the proposed westbound lane centerline of Indiana. (This covers items 1, 2 and 3 of Task of the "Revised Request for Scope of Surveying Services" dated September29, 2009.) • During the topographic survey portion of the ALTAIACSM Land Title Survey, the field survey crew will perform a topographic survey of the visible above ground features, improvements, utilities and grade breaks within a 100 foot radius of the point of intersection of existing Flora Road and Mission Avenue, including that area that falls in the adjoining parcels within the specified 100 foot radius. (This covers item 5 of Task 2 of the "Revised Request for Scope of Surveying Services" dated September 29, 2009.) • During the topographic survey portion of the ALTA/ACSM Land Title Survey, the field survey crew Will perform a topographic survey of the visible above ground features, improvements, utilities and grade breaks of the Flora Road ROW to a line 250 feet south of the point of intersection with Mission Avenue. (This covers item 4 of Task 2 of the "Revised Request for Scope of Surveying Services" dated September 29, 2009.) • The field survey crew will place wood stake and a 4 foot tall lath at the proposed centerline of Indiana Avenue, including each lane of the one -way portions of the proposed roadway. The stakes will be placed at one - hundred foot intervals in addition to all points of horizontal curvature, tangent, reverse - curvature and compound - curvature. The lath will depict the proposed station. (Additional item to Task 2 per Craig Aidworth requested on September 29, 2009.) • After the completion of the boundary portion of the ALTA/ACSM Land Title Survey, CLC Associates, Inc. will create legal descriptions and exhibits for the ROW to be dedicated as future Indiana Avenue as determined and directed by the City of Spokane Valley. ( Task 4 of the "Revised Request for Scope of Surveying Services" dated September 29, 2009.) • After the transfer of land to be dedicated as the Indiana Avenue ROW, CLC Associates, Inc. shall prepare and record a Record of Survey with the Spokane County Auditor and set the necessary centerline monuments and property boundary comers In accord with Washington State Law. ( asks of the "Revised Request for Scope of Surveying Services" dated September 29, 2009.) Notes CLC Associates, Inc. will coordinate utility locates prior to performing the topographic survey described above. Time Schedule: As the demands for our survey staff fluctuate throughout the course of any year we cannot guarantee that we can meet this proposed schedule for an extended period. However, if CLC Associates, inc. can be provided a notice to proceed within 2 regular workweeks of the date of this letter proposal we can meet the schedule below Our survey staff is available to begin work on this ALTA /ACSM survey within five (5) regular workdays following the receipt of a Notice to Proceed. We estimate that review copies of the preliminary ALTA / ACSM survey could be received within 10 regular workdays following the commencement of work. The final ACSM /ALTA Survey could be delivered to you within 5 days following the receipt of any review comments pertaining to the preliminary ALTA / ACSM survey. Dellverables: The client will be provided 4 (max.) bond copies of the preliminary ALTA survey drawings for review, 4 (max.) bond copies of the final (record) ALTA drawing at the requested scale signed by a Professional Land Surveyor licensed in the State of Washington. CLC Associates, Inc. will provide copies of data collector files, point files, field notes, electronic AutoCAD (Version 2009) drawing files and relevant project data such as surface or alignment data upon request by the client. Conditions: This letter proposal is based on the elements as described in the Scope of Work as stated herein. Any additional survey request will be considered extra work and billed accordingly. A one -time Incorporation of client requested revisions and /or comments on each ALTA / ACSM survey. The estimated cost for this work shown in this letter proposal is considered to be valid for 5 months after the date of this letter. If CLC Associates, Inc. receives receipt of a notice to proceed beyond 6 months; a renegotiation of our total estimated cost may result. ATTACHMENT "B" SCHEDULE OF FEES AND COSTS Fee The above - described services are estimated at a Lump Sum fee as shown below: Existing Property Corner Recovery Staking of Proposed Centerline Topo- Boundary Survey ALTA /ACSM Survey ROW Legal Descriptions and Exhibits Record of Survey Monumentation Total: $21,840.00 80 40 0 00 180 iiii SO" FEET Exhibit C Electronic Exchange of Engineering and Other Data The Consultant shall use the following format and standards in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but not limited to, the following: Survey Data shall be entered into an AutoCad version 2007 compatible drawing file. The drawing layers, survey codes and format shall conform to the Prototype Drawing furnished by the City of Spokane Valley. The City reserves the right to reject an AutoCAD submittal drawing if the drawing does not conform to the prototype. The drawing shall include: a. All data points in State Plane Coordinates, Washington North, North American Datum of 1983 (1991). Distances shall be in ground based US Survey feet. Elevations based on North American Vertical Datum of 1988 (NAVD88). b. Each data point shall be labeled with an appropriate survey code describing it. c. Breaklines TINS, DTM's, alignments, and any other information used in the creation of the contour mapping. d. Location and description of monuments used to establish the Basis of Bearing, and one monument used to establish the vertical datum. e. Location and description of two monuments set within the project to provide horizontal control and a monument to be used as a project benchmark. f. Contour lines at 1 foot intervals. Every tenth contour shall have a darker line weight. Labels with contour elevations shall be on a different layer. g. Drawing Scale shall be coordinated with the City. Prior to final payment, the Consultant shall also provide an archive file consisting of an electronic or pdf copy of all plat information, titles, and surveys used to research control and property ownership; field notes, data collector files, ASCII point files, and project correspondence. Also prior to final payment the Consultant shall provide and archive AutoCad version 2007drawing file with all data points in State Plane Coordinates, Washington North, North American Datum of 1983 (1991). Distances shall be in grid based US Survey feet. Elevations based on North American Vertical Datum of 1988 (NAVD88). H. Roadway Design shall be created using AutoCAD Civil 3D compatible drawings and shall be in AutoCAD version 2007 compatible drawing file. The drawing layers, survey codes and format shall conform to the Prototype Drawing furnished by the City of Spokane Valley. The City reserves the right to reject an AutoCAD submittal drawing if the drawing does not conform to the prototype. The drawing shall include: a. All data points in State Plane Coordinates, Washington North, North American Datum of 1983 (1991). Distances shall be in ground based US Survey feet. Elevations based on North American Vertical Datum of 1988 (NAVD88). b. Each data point shall be labeled with an appropriate survey code describing it c. Breaklines TINS, DTM's, alignments, and any other information used in the creation of the contour mapping. d. Location and description of monuments used to establish the Basis of Bearing, and one monument used to establish the vertical datum. e. Location and description of two monuments set within the project to provide horizontal control and a monument to be used as a project benchmark. £ Contour lines at 1 foot intervals. Every tenth contour shall have a darker line weight. Labels with contour elevations shall be on a different layer. g. Drawing Scale shall be coordinated with the City. 10/15/2009 8:04:26 AM Prior to final payment, the Consultant shall also provide an archive file consisting of an electronic or pdf copy of all cross sections, templates, quantity calculations, design notes, memos and reports; and all project correspondence. III. Contract Documents and Reports a. Documents shall be created using Microsoft Office 2003. Reports and specifications shall be submitted as Word 2003 documents. b. The City may provide a prototype document with font, text size and header and footer formats in Word. The Consultant shall match format requested by the City. Prior to final payment, the Consultant shall also provide an archive file consisting of an electronic or pdf copy of all studies and calculations made during the course of report development; specifications with addenda incorporated, phone conversations, memos, and reports; and all project correspondence. c. All data points in State Plane Coordinates, Washington North, North American Datum of 1983 (1991). Distances shall be in ground based US Survey feet. Elevations based on North American Vertical Datum of 1988 (NAVD88). IV. Contract Administration a. Documents shall be created using Microsoft Office 2003. Meeting Minutes, Change Orders, field reports and correspondence shall be submitted as Word 2003 documents. b. Spreadsheets shall be submitted as Excel 2003 documents. c. The City may provide a prototype document with font, text size and header and footer formats in Word. The Consultant shall match format requested by the City. Prior to final payment, the Consultant shall also provide an archive file consisting of an electronic or pdf copy of all documents generated during contract administration including, but not limited to, inspector field reports, survey field notes, material test results, meeting minutes, project correspondence, contractor wage information, change orders, and pay estimates. V. The Consultant shall be able to correspond via email and communicate with Microsoft Outlook. VI. Electronic Information Exchange. a. The City shall exchange electronic information with the consultant via email for file sizes less than 9 Megabytes. (Note: ZIP files or .RAR file formats are filtered out and cannot be delivered via email.) b. For larger file sizes the consultant shall exchange files using the City of Spokane Valley File Transfer Protocol (FTP) site at ft:b ftp suokanevalle�org To use this method of file exchange Consultant will have to contact the project manager for a temporary thirty (3 0) day username and password. c. The final archive file shall be submitted to the City on a CD or DVD and had delivered to City Public Works Offices with paper files. The CD shall be "labeled with the Spokane Valley Project Contract Number, Project Name and be provided with a Table of Contents. 10/1512009 8:04:26 AM � ® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/Yl'YY) 10/14/2009 PRODUCER Phone: 303 - 837 -8560 Fax: 303- 831 -5295 THIS CERTIFICATE. IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1515 Wynkoop, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver CO 80202 INSURERS AFFORDING COVERAGE NAIC # INSURED - INSURER A Travelers Insurance Med A &E CLC Associates, Inc. INSURER B: National Union Fire Ins Co of 0 8480 E. Orchard Road, Suite 2000 INSURERC:XL Specialty Insurance 'Co. 0 Greenwood Village CO 80111 INSURER D: INSURER E 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. INSR D' POLICY NUMBER pOLICYMFDECTNE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 680676OL987 12/21/2008 12/21/2009 EACH OCCURRENCE $1,000,000 UA TO RENTED PREMISES Ea occurrence $ 1 0 0 0 0 0 0 GENERAL LIABILITY MED EXP (Any one person) $ 10 0 0 0 CLAIMS MADE � OCCUR N PERSONAL & ADV INJURY $1, 000,000 GENERAL AGGREGATE $2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ POLICY X P I E R C O T _ LOC A AUTOMOBILE LIABILITY BA6757L252 12/21/200$ 12/21/2009 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIREDAUTOS BODILY INJURY $ (Per accident) X NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) . GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ F AUTO ONLY: AGG B EXCESS /UMBRELLA LIABILITY EBUO27725713 12/21/2008 12/21/2009 EACH OCCURRENCE $8,000,000 AGGREGATE $8, 000,000 X I OCCUR F-1 CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WC STATU- OTH- WORKERS COMPENSATION I E AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANYPROPRIETOR /PARTNER/EXECUTIVE� E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $ If y es, describe under SPECIAL PROVISIONS below C OTHER DPR9616016 12/21/2008 12/21/2009 Per Claim $2,000,000 Professional Liability Annual Aggregate $4,000,000 Claims Made DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ' If required by written contract or written agreement, the following provisions apply subject to the policy terms, onditions, limitations and exclusions: The Certificate Holder and Owner are included as Additional Insureds for ngoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured's work erformed on behalf of the certificate holder and owner. This insurance will apply on a primary, non - contributory ontinued... UhK I IhIGA I t HULUtK asnrw�a r� i .v.• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER City of Spokane Valley NAMED TO THE LEFT. 10 DAYS NOTICE FOR NON- PREMIUM OF Attn: Christine Bainbridge, City Clerk PREMIUM. 11707 E. Sprague Ave., Suite 106 Spokane Valley WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance 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 (2009/01) DESCRIPTIONS Continued. basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability and Umbrella /Excess Liability. Limited Contractual Liability is included. The Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. (Attachments) Workers Compensation coverage does not apply to employees who are hired or reside in the States of North Dakota, Ohio, Washington, West Virginia, and Wyoming. Employers Liability Stop Gap coverage applies to the States of North Dakota, Ohio, Washington, West Virginia, and Wyoming. Additional Insured: City of Spokane Valley