09-018.00 David Evans and Associates: 2009 Consulting ServicesAGREEMENT FOR PROFESSIONAL SERVICES
David Evans and Associates, Inc.
2009 Survey Services
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and * 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 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 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 famished 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 December 31 s`, 2009.
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
accordance with the attached scope and fee schedule
agreement, not to exceed $50,000.
pay the Consultant on a time and material basis in
as full compensation for everything done under this
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.
Agreement for Professional Services Page 1 of 5
C09 -018
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
Spokane Valley, WA 99206
Name: Richard Waltrip
Phone Number: (509) 327 -8697
106 Address: 908 N Howard St, Ste 300
Spokane, WA 99201
6. Annlicable 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 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 of the 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. Ownershin of Documents All drawings, plans, specifications, and other related documents
prepared by the Consultant under 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
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, hired 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,
Agreement for Professional Services Page 2 of 5
the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 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
b. the Consultant shall provide at least 30 days prior written notice by
certified mail, return receipt requested of a cancellation.
D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M.
Best rating of not less than ANII.
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 of the parties who
are additional insureds, and will include applicable policy endorsements, and the deduction or
Agreement for Professional Services Page 3 of 5
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 of this 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 of the Consultant and the City, its officers, officials, employees,
and volunteers, the Consultant's liability hereunder shall be only to the extent of the 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 of this 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 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 prior written approval of
the City.
15. Confidentiality Consultant may, from time to tune, 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.
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 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,
Agreement for Professional Services Page 4 of 5
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. 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. Scope of services
2. Insurance Certificates
TNESS WIEREOF, the parties have executed this agreement this day of
, 2009.
CITY OF SPOKANE VALLEY: Consultant:
ASSOUi+e—
David Mercier, City Manager Owner _
Tax ID No. REDACTE _
ATTE T: APPROVED AS TO FORM:
Christine Bainbridge `City Clerk Office o e City Attorney
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.
Agreement for Professional Services Page 5 of 5
Scope of Services
1. Consultant will review final short and long subdivision plats, binding site plans and
boundary line adjustments submitted by the Community Development Department, for
accuracy and completeness. The following items will be reviewed.
a. Plat Certificates
b. Legal Descriptions
C. Survey data and boundary line closure
d. Development Engineering Conditions of approval and plat language
e. Rights -of -way
f. Easements
g. Right -of -way and easement dedications
All reviews shall be returned to the Department of Community Development within ten
(10) working days (or as requested by the City) with a list of corrections, inconsistencies
and omissions. Such corrections, inconsistencies and omissions and comments shall also
be noted in red on the plat document.
2. Periodically, Consultant may be asked by Development Engineering to review other
documents or perform other tasks. A detailed scope of services detailing the requested
work may be required and submitted as an addendum to the scope of services described
above.
3. Consultant will review the current Uniform Development Code, provide review
comments, and make recommendations for revisions to the code.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The previous page entitled " Standard Fee 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.
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.
02/05/2009 THUU No" FAX 503 306 2384 Aon 9 002/004
ACORD TM CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
THM:MVIFICATE IS ISSUED AS A MATTER OF INFORMATION
Aon Risk Services, Inc. of Oregon
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1211 SW &, #600
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Portland OR 97204
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
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CERTIFICATE HOLDERUq
NAME &
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D nRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO NAIL
City of Spokane Valley
B RAYS WWTTEN NOTICETO THE CERTIFICATE HOLDER NAMEDTO THE LEFT,
Attn: Gloria Mantz
BUT FAILURE TO MAIL SUCH NOTICE SHALL M WE NO OBUGATION OR LIABILITY
11707 East Sprague Avenue, Ste. 1
OF ANY KIND UPON TIE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Spokane, WA 99206
AUTHORIZED REP ENTATIVK
.e en Wsk Insurance Services west, Inc.
ACORD 254 (1197)
c0A►CORD CORPORATION 1968
02/05/2009 THU 130 FAI 503 306 2384 Aon
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Aon Risk Service Inc. of Oreg ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1211 SW e, 0 HOLDER THIS CERTIFICATE DOES NOT AMEND, EMND OR
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320 SW Upper Terrace Drive 0200 =Q
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Awa Risk Ztzsmrance .Tert cres West, Inc_
VACORD CORPORATION 1938
02/05/2009 TflU 13 FAI 503 306 2384 Aon
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1211 5�, #sod
Portland, OR 97204 -3799
Phow No. 503 306 -M6 13M Wc n rax No. 503495- -3
David Evans and Associates Inc
320 SW Upper Terrace Drive #1200
Bend, OR 97702
9004/004
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THIR CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
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NAME & ADDRESS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
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City of Spokane Valley — &—PAYS WRITTEN NOTICE To THE CEffnFICATE HOLDER NAMED TO THE LEFT,
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