03-031.00 Welch Comer & Associates: Consulting City Engineer ServicesSpokane V, y Contract
No. CO3-31
Approved: 4pr,'t as, Jdv3
AGREEMENT FOR PROFESSiONAL SERVICES
W -EL •CN COMER & ASSOCIATES
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of
the State of Washington, hereinafter "City" and Welch Comer & Associates, Inc., hereinafter
"Consultant", jointly referred to as "parties".
fN CONSIDERATION of the terms and conditions contained herein the parties covenant
and agree as follows:
1. Work to Be Performed. The Consultant will provide all labor, services and
material to satisfactorily complete the attached Scope of Services, identified as lExhibit A, plus
such other work as requested. 4
Aa�,c A
A. Administration. Ru,, M, auor_or_iis-dzugnec shall administer and be the
primary contact for Consultant. Prior to commencement of work, Consultant shall receive either
a oral request or a .vritten "Professional Services Authorization" for the requested work. Upon
receipt of the request, Consultant shall commence work, perform the requested tasks and
promptly cure any failure in performance under this agreement. The City shall provide
Consultant with available information concerning the City request including all drawings and
related documents. At any time, the City may order the Consultant to stop the work.
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 personnel shall be made without the written consent of the City.
The standard of care for all professional engineering and related services
performed or furnished under this Agreement will be the care and skill ordinarily used by
members of Consultant's profession practicing under similar circumstances at the same time and
in the same locality.
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.
The City shall be responsible for, and Consultant may rely upon, the
accuracy and completeness of all requirements, programs, instructions, reports, data, and other
information filrnished by City pursuant to this Agreement. Consultant may use such
requirements, reports, data, and information in performing or furnishing services under this
Agreement.
The City shall make decisions and carry out its other responsibilities in a
timely manner and shall bear all costs incident thereto so as not to delay the services of
Consultant.
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CO3-31
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 orally or in writing by the Mayor or his designee. 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. 'i°erni of Contract. This Contract shall be in full force and effect upon execution
of this agreement and shall remain in erect until terminated by a party.
Either party may terminate this Agreement by thirty (30) days written notice to
the other party. In the event of such termination, the City shall pay the Consultant for all w=ork
previously authorized and satisfactorily performed prior to the tennination date.
I Compensation. The City agrees to pay the Consultant in accordance with
Appendix 1 to Exhibit C as fiill compensation for everything done tinder this agreement. The
City shall reimburse the Consultant for photocopying, postage, and graphic reproduction at
actual cost and will pay for authorized travel (excluding travel to the City to attend meetings;
presentations or otherwise perform the services herein) at a rate of 5.31 per mile.
4. Pavrnent. The Consultant shall be paid monthly upon presentation of an invoice
to the City. Applications for payment shall be sent to the City Clerk/Treasurer at the below stated
address.
The City reserves the right to withhold payment under this agreement which is
deten-nined in the reasonable judgment of the Mayor or his designee to be noncompliant with the
Scope of Work, City Star►dards, City ordinances and federal or state standards.
5. Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THF Consultant:
Name: Ruth i\viuller, City Clerk
Phone Number: (5 09) 92 1 -1000
Address: 11707 E. Sprague; Ste. 106
Spokane Valley, WA 99206
Name: Larry Comer, P.E.
Phone Number: (509) 255-6000
Address: 2310 North Molter Road, Ste. 101
Liberty Lake. WA 99019
6. Applicable Laws and Standards. The parties, in the. performance of this
agreement, agree to comply with all applicable federal, State, Local laws, ordinances, and
regulations.
7. Relationship of the Parties. It is understood; agreed and declared that the
Consultant shall be an independent Consultant and not the agent or employee of the City, that the
City is interested in only the results to be achieved and that the right to control the particular
maturer, method and means in which the services are perfonned is solely within the discretion of
the Consultant. Any and all employees who provide services to the City under this agreement
shall be deemed employees solely of the Consultant. The Consultant shall be solely responsible
for the conduct and actions of all employees under this agreement and any liability that may
attach thereto.
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8. Ownership of Documents. All drawings, plans, specifications, and other related
dOCLLnents prepared by the Consultant under this agreement are and shall be the property of the
Cite.
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. During the term of the contract, the Consultant shall maintain in force
at its own expense, the following insurance:
A. Workers' Compensation Insurance in compliance with RC\V 51.12.020,
which requires subject employers to provide workers' compensation coverage for all their subject
workers and Employer's Liability or Stop Gap Insurance in the amount. of $500;000.00;
B. General Liability Insurance on an occurrence basis with a combined single
limit, of not less than $1,000,000.00 each occurrence i`or bodily injury and property damage. It
shall include contractual liability coverage for the indemnity provided under this contract. It. shall
provide that the City; its officers, employees and agents are additional insureds but only with
respect to the Consultant's services to be provided under the contract;
C. Automobile Liability insurance with a combined single limit, or the
equivalent, or not less than $500,000.00 each accident for bodily injury and property damage,
including coverage for owned, hired or non-o,�tiaied vehicles; and
D. Professional Liability Insurance with a combined single limit of not less
than $1,000,000.00 each claim, incident or occurrence. This is to cover damages caused by the
error, omission, or negligent acts related to the professional services to be provided under this
contract. The coverage must remain in effect for at least two (2) years after the contract is
completed.
There shall be no cancellation, material change, reduction of limits or intent not to
renew the insurance coverage(s) without thirty (30) days written notice from the Consultant or its
insurer(s) to the City.
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 of the parties who are additional insured, and
swill include applicable policy endorsements; the thirty (30) day cancellation clause, and tine
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.
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11. indemnification and Hold'HyrmIcss. Each party shall indemnify and hold the
other, its ofHcers; employees, agents and volunteers harm Iiess fro and against any and ail
claims, demands; orders, decrees or judgments for injuries, death cr dalrrage to any person or
property arising or resulting from any me ligernt.or intentional act or omission ori the, part of said
Party 01-1 is agents, emplo}gees or volunteers in the pekformaance c F this Aureeme-nt.
12- Waiver. No officer, employee, agent or other 1nd1v1dual acting on behalfoi: either
pai•ty has the power, right or authority to waive any of the conditions or prop isions of this
agreemerlt. No wai ver in one instance shall be held to be waiver of any other subsequent breach
or nonperformance. All ren-led1es of orded in this agreement or by lave, shall be takers and
construed as cumulative, and in add ifton to every other remedy provided hcrcin or by law.
lyaiIure oFeitheir party to en Force at any tine any of the provisions of this agreement or to require
at any tiine pe- rfonrlance by the. other party of any provision hereof shall in no way to be
construed to be a waiver of such provisions nor shal I it A-fect the validity of [his agreelrlent or
any pan thereof.
.13. Assignment and Delegation. Neither party shall assign, transfe-r or ale -legate any
or a]1 of the responsibilities o f this agreement or the benefits received hereunder without first
obtaining the written const-nt of"the other party.
14. Subcontracts..Fxcept as othe-Rvise provided herein; the Consi-II Lant shall not enter
into subcontracts for any of the work contelrr])laced under this agreement witlioLLt oVal rtirrg
wi-Iaen approval of the City.
15. Confidentiality. Consultant rriav -from time to time receive information which is
deemed by the City to be confidential- Con sultali [ shall riot disclose such inrormati0n without the
express consent of the City or upon order of a C Curt of competent jurisdiction,
16, .IuriFidiction and Venue. This Contract is entered into in Spokane [bounty,
W ashinb on. Venue shall be in Spokane County, Mate of Washington. Owner and Consultant
agree that they shall fiist submit any and all unsettled claims, counterclaims, disputes, and other
matters in q uestions between them arising out of or relating to this Agri-elrnent or [he breach
th ereof (" D I s pute s")to non-binding mediation unless the parties mut ially a ee otherwise.
17. Entire Agreement. This written agreement constitutes the entire and complete
agreement between the paries and skipercedes any prior oral or wri nen agreerklenis. This
Agreement may not be chaiged, modified or altered except in writing signed by the parties
hereto.
18. Anti- kicl-bacL No officer or ernplo}gee of the City, having the power or duty to
perform an of 56a] act or action related to this Agreement shall have or acquire. any interest in
this Agreement, or have solicited, accepted or {,ranted a present or future gift, Favor, service or
other thing of value from any person with an interest in this Agreement.
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Cil WITNESS I -1E OF, the pareies have exceuted this Agreement this ay of
i 2003.
CITY OF SPgkA'NE V LEY
Levlraltos — City Manager
A' T.
I lz:�� M�c4z�
Ruth'Muller — City Clerk
WELCH CO & ASSOOLATES, INC.
La �. 1 Coir _ P_E,- — President
APPROVED AS TO FORM:
r ,x z — City Rome}
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Exhibit A
ENGINEER's Services
This is EXHIBIT A, consisting of 1 page, referred to in
and part of the Agreement between OWNER and
ENGINEER for Professional Services dated Ono? 3
ENGINEER's Services
Article I of the Agreement is amended and supplemented to include the following agreement of the
parties. ENGINEER shall provide Basic and Additional Services as set forth below.
PART i - BASIC SERVICES
A1.01 Consulting City Engineer Services
ENGINEER shall perform consulting engineering services relative to the performance of duties of
Consulting City Engineer, as directed by the OWNER including but not limited to the tasks outlined
below:
A. Construrtion Plan Review.
Review subdivision and site improvement plans and specifications for compliance with City
adopted standards.
Review applications for roadway approaches, utility construction permits and traffic
impacts.
Assist City to determine that bonds, insurance certificates and record drawings are
submitted and filed for construction within City right's -of -way.
B. Subdivision Review.
1. Review preliminary plats for compliance with subdivision ordinance, utility needs,
transportation impacts, make recommendations to Planning Director and City Council.
2. Review final plats for survey completeness and compliance with Washington codes; provide
written recommendations for approval.
3. Sign -off plat mylars as City Engineer when required.
4. Review performance bonding and warranty requirements.
C. Construction Quality Review. Provide assistance to the City Staff as requested and directed by
OWNER, including the following tasks:
1. Planning and Construction meetings.
2. Construction observation.
3. Review of testing and quality assurance documents.
D. Miscellaneous Technical Assistance Perforated at the Direction of the City.
1. Maintain and update CAD and GIS maps of the City of Spokane Valley.
2. Review annexation requests and legal descriptions.
3. Technical assistance to Administration, Building and Planning Department.
4. Assistance in seeking funding for public works projects.
;. Represent OWNER at technical meetings.
6. Attend City Council and Planning meetings as directed by OWNER.
7. Assist in master planning.
8. Comprehensive and growth management plan assistance.
9. Other professional services as directed by the OWNER.
E. Special Projects.
ENGINEER shall provide professional engineering study/report, design, bidding, and
construction phase services for phased public works projects at the direction of the
OWNER. Authorization for phased projects shall be in the form of an addendum to this
Agreement. Addenda shall describe project scope, ENGINEER's services, OWNER's
responsibilities, and payments to ENGINEER for services rendered.
Page 1 of 1
(Exhibit A - ENGINEER's Services)
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled "Appendix 1 to Exhibit C / Standard Hourly Rates and Reimbursable Expenses
Schedule" 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.
Y
il
TASK ORDER NO.
ITY OF SPOKANE VALLEY
PROFESSIONAL R I E S AUTHORIZATION
TO: WELCH, COMER & ASSOCIA'T'ES, INC.
FROM, CITY OF SPOKANIPA, VALLEY
DATE
SUBJECT-
PROPOSED
IJE T:
PROPOSED SCOPE OF WORKL
SPECIAL CONDITIONS:
ESTE TED COST:
PROPOSED COMPLETION DATE:
PREPARED BY:
Welch, Comer & Associates, Inc_
By=
Name.
Date:
AUTHORIZED BY:
City of Spokane Valley
BY _
Na -me:
Date:
Comer & Associates, Inc_ 03127103