03-055.00 Warren, Richard E: Wastewater Treatment & Sewer Facilities ConsultingAGREEMENT FOR PROFESSIONAL SERVICES
[Richard E. Warren, P.E., Consulting Engineer]
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the
State of Washington, hereinafter "City" and Richard E. Warren, P.E. hereinafter "Consultant," jointly
referred to as "parties."
Iii' CONSIDERATION of the terms and conditions contained herein the parties agree as follows:
I , Work to He Performed. The Consultant will provide all labor, services and material to
satisfactorily complete the attached Scope of Services addressing wastewater treatment, sever facilities
and associated public works issues on an as -needed basis.
A. Administration. The City Manager or designee shall administer and be the
primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City
Manager or designee to review the Scope of Work, schedule and date of completion. Upon notice from
the City Manager or designee Consultant shall commence work, perform the requested tasks in the Scope
of Work, stop work and promptly cure any failure in performance under this agreement_
B. Representations. The City has relied upon the qualifications of the Consultant in
entering into this agreement. By execution of this agreement, Consultant represents it possesses the
ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and
regulations which reasonably relate to the Scope of Work. No substitutions of 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 fill force and effect upon execution and
shall remain in effect. until completion of all contractual requirements.
Either party may terminate this Agreement by ten (10) 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. Comaensation. The City agrees to pay the Consultant 5100.00 per hour and expense
reimbursement as provided for in the attached Scope of Service as full compensation for everything done
under this agreement. The City shall reimburse the Consultant for photocopying, postage, graphic
reproduction at actual cost and will pay .for authorized travel (excluding travel to .the City to attend
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CO3-55
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meetings, presentations or otherwise perform the services herein) at a rate of S.32 per mile.
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,
Notice. Notice shall be given in writing as follows;
TO THE CITY:
TO TRE CONSULTANT:
Name: Christine Bainbridge, City Clerk Name: rc R.% p7.0
Phono Number; (509)921-1000 Phone Number: 2 o e. - q -35 - i
Addruss: 11707 East Sprague Ave, Suite 106 Address: ,6,gq A Avca S
Spokane VaIley, WA 99206 5 a f tom& 9,31+14
6. Aoplieabic Laws and Standards. The parties, in the performance of this agreement,
agree to comp]y with a]] 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 Cityr that the City is interested in
only the results to be achieved and that the right to control the particular nimuier, method and means in
which the services are performed is solely within the discretion of the Consultant. Any and all employees
who provide services to the City under this agreement shall be deemed employees solely of the
Consultant. The Consultant shall be solely responsible .for the conduct and acticros of all employees under
this agreement and any liability that may attach thcrcto-
8. Ownership of ilocumepts. All drav►rings, phos, specifications, and other related
documents prepared by the - Can suftant under this agreement are and small be the property o£the City,
9. Records. The City or Mate Auditor or any of their representntives shall have frill access
to and the right to examine during normal business hours ail of the Consultant's records with respect to all
matters covered in thus contract: Such representatives shall be permitted to audit, examine and make
excerpts ar 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 Insuraiace in compliance with RCW 51.12.020, which
requires subject employers to provide workers' compensation coverage for all their subject workers and
Employer's Liability or Stop Cap hLsurance in the amount of $1,000,000.00; LProyision.l0.A waived by
City Council, July 29�. 20031
B. General Liability Insurance on an occurrence basis with a combined single limit
of nut less than $1,000,{300-00 each occurrence for bodily injurer and property damage- it shall include
contractual Inability coverage £or -the .in.dermity provided under --this -ccaract. -It-sball-provide that the
Agreement for Prof Osion al Services Page 2 of 2
City, its officers, employees and agents are additional insureds but only with respect to the Consultant's
services to be provided under the contract; [Provision 1.0. B. waived by City Council, July 29, 20031
C. Automobile Liability Insurance with a combined single limit, or the equivalent,
or not less than $1,000,000.00 each accident for bodily injury and property damage, including coverage
for owned, hired or non -owned 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. [Provision .10. D.
waived by City Council. July 29, 20031
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 insureds, and will include applicable
policy endorsements, the thirty (30) day cancellation clause, 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. Each party shall indemnify and hold the other, its
officers, employees, agents and volunteers harmless from and against any and all claims, demands,
orders, decrees or judgments for injuries, death or damage to any person or property arising or resulting
from any act or omission on the part of said party or its agents, employees or volunteers in the
performance of this Agreement.
12. Waiver. No officer, employee, agent or other individual acting on behalf of either party
has the power, right or authority to waive any of the conditions or provisions of this agreement. No
waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All
remedies afforded in this agreement or by law, shall be taken and construed as cumulative, and in addition
to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the
provisions of this agreement or to require at any time performance by the other party of any provision
hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this
agreement or any part thereof.
13. Assignment and Delegation. Neither party shall assign, transfer or delegate any or all of
the responsibilities of this agreement or the benefits received hereunder without first obtaining the written
consent of the other party.
14. Subcontracts. Except as otherwise provided herein, the Consultant shall not enter into
subcontracts for any of the work contemplated under this agreement without obtaining written approval of
the City.
Agrmment for Profizsional SLTviccz Page 3 of 3
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
consent of the City or upon order of a Court of competent jurisdiction.
16. Jurisdiction and Venue. This Contract 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 Agreement. This written agreement constitutes the entire and complete
agreement between the parties and supercedes any prior oral or written agreements. This Agreement may
not be changed, modified or altered except in writing signed by the parties hereto.
19. Anti -kickback. No officer or employee of the City, having the power or duty to
perform an official act or action related to this Agreement shall have or acquire any interest in this
Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of
value from any person with an interest in this Agreement.
20. Business Registration. Prior to commencement of work under this Agreement,
Consultant shall register with the City as a business.
21. Exhibits. Exhibits attached and incorporated into this agreement are:
Scope of Services for as -needed engineering consultation.
IN WITNESS WHEREOF, the parties have executed this Agreement this (e day of
2003.
CITY OF SPOKANE VALLEY: ;Consti. nt:City Manager ner
Tax ID No.
ATTES
Clerk
APPROVED AS TO FORM:
tAgroement for Professional Services Page 4 of 4
SCOPE OF SERVICES
Memorandum
To: City Council
From: David Mercier, Public Safety Director
Date: July 10, 200:3
Subject: Request for a Professional Services Agreement with Richard E. Warren, P.E.
Background:
As Interim Public Works Director, Mr. Warren has been the City's lead agent for all matters
related to wastewater treatment proposals and sewer system service agreements. As such, he has
intimate knowledge of the various facets of each option contemplated to date and could provide
continuity and valuable service should he remain under contract with the City as a consulting
engineer.
Resources Needed:
Consulting service funds were allocated in the Public Works areas of the adopted budget.
Moreover, staff believes that his services should qualify for reimbursement from the Sewer
Reserve Funds held by the County.
Fiscal Note:
Mr. Warren proposes his services be compensated as follows:
Labor: Hourly Billing Rate - $100.00 per hour
.Expenses at Cost:
Average Costs
Air Fare
S l 08.00
Lodging
$75.00/night
Auto rental
$40.00/day
Meals
$40.00/day
*Communications/printing
— Included in hourly rate
*Labor costs are portal to portal, 8 hour minimum
Suggested Motion:
That the City Council approve the a professional services agreement with Mr, Richard Warren,
PE for services related to wastewater treatment, sewer facilities and associated public works
issues on an as needed basis.
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