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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 Phow Na 303 -30G -2856 13my Wca&wm Fax No. 503-29$-M I VU RED INsuRSRA' Charter Oak Fire Insurance Co David Evans and Associates Inc INMIRER 0: Travelers Property Casua Ins Co 320 SW Upper Terrace Drive #200 INSURER Q Bend, OR 97702 INSURER a RAG 171E POLICIES OF INSURANCE LIS= WMOW HAVE BEEN ISSUED TO THE wsumb ABOVE FOR TR 1 Pam ROOM NoywnsTANDING ANY REQUIRE311ENT. TERM OR CONDITION OP ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E IS$UV OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONORIONS OF SUCH POLICIES L WTS SHOWN MAY HAVE DUN REDUCED BY PAID cLAW LIMITS SHOWN ARE AS REQUESTED CO L"m rOe OF RMRANCE PO POLICY EFFECTIVE uCY owwwTiON ME DATE OAVDWM umffs A ENERALUA L" 6=26D1078 12/1/08 12/1109 UMb=RRENCE 1,000,000 X COM ERCX GENERAL LIABILITY D AMAG E ( fire) °� 300,000 CLAWIS MADE X OCCUR °"°�°" 10,000 X Stop Gap Liability Y 1,000,000 2,000,000 X POLICY PROJW LOO P AGO 2,000,000 B AUTOMOB LIABILI 810228D1078 12/1/08 1211/09 COMB"'1ED SINGLE LWr 1,000,000 ANY AUTO (Ee AmkWO ALL OWNED AUTOS BODILY MURY (P+erperernf SCHEMM AUYOS BODILY (Per ewk1mU X NMED AUTOS PROPEM DAM! 60 x NON-OWNED AUTOS wood" G WIBILfTY T4 T ONLY - EA ACCIMM ANY AUTO AUTO ONLY B CUP22OD1078 1211/08 12/1109 EA Occ 1,000 000 CE ❑ CLAM UAW AC 1,000,000 D®ucrmt6 SON E $10.000 NSATION AND VM gr ATU- O TW EMPLOYERS' LU48 UW TnRY MEAMACCMW EL DISEASE - EA EMPLOYEE EL I$ antra - POLICY LIMIT OTHER lrlAlliT INLAND MARINE DEDUCTIB MSCRI nWtt CLUMO ADO® SP ITEM 2009 Survey Services, City of Spokane Valley is an additional insured with respect to general Imbility. CERTIFICATE HOLDERUq NAME & MOULD ANY OF THE ABOVE DIISCRIBED POLICIES 99 CMCELLED BEFORE THE 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 X003 /004 Ca a "' CERTIFICATE OF LIABILITY INSURANCE ° a" m b"' 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 Portland, OR 97204 ALTM THE COVERAGE AFFORDED By THE POUCIES eELow COMPANIES AFFORDING COVERAGE Phone No: 503 - 306,2856 MW Win F NO. 503.29949?.3 INSURED INSURER& Farming Casualty Co David Evans and Associates Inc INSUR B Travelers Pro & Casualty Insurance 320 SW Upper Terrace Drive 0200 =Q Bend, OR 97702 1 nn r UUV OP INSURANCE LISTED BELOW HAVE BEEN - ED TO TH E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTh9R DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE =UED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECTTO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN RE DUCHD BY PAID CLAM LIMITA SMI7tAM ARV AA RFnf IC_arcn COmmmcm GEimERAL LUIBILITY I CLAM MADE n OCCUR POLLY F PR0Jr4T I LOO AWAUTO ALL OWNED AUT08 BCIIEcULED AVMS HRM AUros NONtWNEDAUT03 ANYAM 9 O= RRBNC E cl Iw►ve DEDUCTIBLE `�riON o $10,000 worms c o EMPLOVW LIABILITY UB226D07 078 uca mr i wn w vrrjwn i ivnwuw:n i wmw vtmWdao AroWUM3 ADDED BY Excess Uability extends over employers liability 2009 Survey Services 1211109 511109 LI EACH O CCURRENCE FI (AV9wfbe) M®EXP (My M par " 8 Aw w=Y WN - EMAGGREGATE PR AGG COMM (Ea ft deal BooaY INwRY (Pew Pte? OWU WAIRY (FW QOCKWO PROPERTY DALME w ecomm AUT OTHERTMOX RAIMEBW AUTO ONLY' AGGREGATE EACH 00CURRE14CE 1,000,000 1,000,000 X WC ATU- OTH- 7URY ER " AwDew 500,000 Im 500,000 EL MEME • 600,000 City of Spokane VaQey Attn: Gloria Mantz 11707 East Sprague Avenue, Ste. 106 Spokane Valley, WA 99206 6MULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEM BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LLABILITY OF ANY IOND UPON THE COMPANY IT$ ASENTB OR REPRESMATNES Awa Risk Ztzsmrance .Tert cres West, Inc_ VACORD CORPORATION 1938 02/05/2009 TflU 13 FAI 503 306 2384 Aon Ac '� CERTIFICATE OF LIASII PRODUCER Aon Risk Servlcs, Inc. of Oregon 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 _IT Y INSURANCE 20 DDS THIR CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGM UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE INSU RERA: Lexiiiign Insurance com INSURER B' INSURER C• INSURER D: INSURER E- 1 na ANY rvuuwo Wr 11UWK wUt LM ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING REQUIREMEWr. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMW WTTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJW TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. Lavers SHOWN MAY HAVE BEEN REDUCED BY PAID C LAW LIMITS SHOWN ARE AS REQUESTED POUCY EFFecnva POUCYEWBRA )jC F- OF ROMAN POLJCY NUMBER RATE QA GENERAL LASILFFY EACH OCCURRENCE MAMAERCIAL CENERAL LLABLRY FIRE DAIIAACI:E (A w a* nre) CLAIMS MADE � OCCUR MED EXP WW a* p wwQ POW 6ENfRAL AYELIMIrAFPL1E8PElE 8;AI.9 EOATE POLICY 0 PROJECT LOC PRODUCTS-COMPIOP AUM MOSILE UA1393W COMB SINGLE L Uff ANYAVrO (f A U ALL OWNED AUTOS B ODLY INJURY (Per person) WZEDULED AUTOS RY IN,WRY (Pgl IQ H9gEOAUTO8 PROPERTY DAMAGE NON4MAHM AITTOS (Par cad" ANYAUTO THM EA AUTO ONLY AGGRIMATE ONSIMMY OCCURRENCE CLAW MADE TE DEDUCTLBLE RETENTION i WO N EMPL.OYERW LIABILITY cnni- TORY LU1dR8 ER EACH AroCq)W EL DISEASE - EA E MPLOYEE EL O . PO [ =Effn=&0 ft ftiqrw 007879687 1211/08 12/1/09 Per Claim 1,000,000 A $1000,000 ON OPERATIOMLOCATIONVVEN=S OREM= AVON BY ENW ENTISPECAL 2009 Survey S CERTIFICATE HOLD ADM R o: I N g CANC I n 0 L&lTEli: NAME & ADDRESS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE BIIGATION DATS TH9REOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Spokane Valley — &—PAYS WRITTEN NOTICE To THE CEffnFICATE HOLDER NAMED TO THE LEFT, AM Gloria Mentz BUT FAILURE TO MAIL SUCH NOTICE SHALL aNPOS NO OBLIGATION OR LIABILITY 11707 East Sprague Avenue, ft. 106 OF ANY KIND UPON THE COMPANY, IT'S AOEN'I"8 OR REPRESENT Spokane Valley, WA 99206 AUTHORIZED REP ATIVE .4ox Risk I>nLsur4tn SerW", west, Inc, ''%awn' `O'° % #rat I OACORD CORPORATION 1988