07-002.00 Righellis: Stormwater Guidelines & Management SupportAGREEMENT FOR PROFESSIONAL SERVICES
Righellis PC
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 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 (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. Compensation. The City agrees to pay the Contractor: On a time and material basis as set
forth in the attached rate schedule ( Exhibit 3) up to a maximum fee of $25,000 as full compensation for
everything furnished and done under this Agreement.
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
1
.0 C07-02
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:
Name: Christine Bainbridge, City Clerk
Phone Number: (509)921-1000
Address: 11707 East Sprague Ave, Suite 106
Spokane Valley, WA 99206
TO THE CONSULTANT:
Name: Righellis PC
Phone Number: (702) 203-0443
Address: 2328 Timberline Way
Las Vegas, NV 89117
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 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 employees under this agreement and any liability
that may attach thereto.
8. Ownership 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,
the policy shall be endorsed to provide contractual liability coverage.
Agreement for Professional Services Page 2 of 5
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. The Consultant's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates
and a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work.
F. 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, the thirty (30) day
cancellation clause, and the deduction or retention level. Insuring companies or entities are
Agreement for Professional Services Page 3 of 5
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. 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 resulting from the acts, errors or omissions of the Consultant in
performance of this agreement, except for injuries and damages caused by the sole negligence of the City.
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 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 Delegation. Neither party shall assign, transfer or delegate any or all of the
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.
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 Attornev'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. Severability. If any section, sentence, clause or phrase of this 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.
Agreement for Professional Services Page 4 of 5
21. Exhibits. Exhibits attached and incorporated into this agreement are:
1. Scope of services
2. Insurance Certificates
3. Rate Schedule
IN WITNESS WHEREOF, the parties have executed this agreement this l g day of
, 2007.
CITY OF SPOKANE VALLEY:
David Mercier, City
ATTES.,:
hristine Bainbridge, City Clerk
Consultant: Rl G140-3-1 PC -
Owner
Tax ID No.
APPROVED AS TO FORM:
Office o he 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
EXHIBIT 1 — SCOPE OF WORK
Background
When the City of Spokane Valley (City) incorporated, the City adopted the Spokane County
Stormwater Guidelines for Stormwater Management (SGSM) by City Ordinance 03-032 as
interim guidelines. The SGSM was first adopted in 1980 by Spokane County, and the last update
was done in 1998. The stormwater guidelines need to be technical equivalent to the Stormwater
Management Manual for Eastern Washington. For those reasons, the City is currently updating
the stormwater manual. Ecology is in the process of reviewing the City of Spokane Valley's
stormwater manual for equivalency.
The City contracted Tetra Tech/KCM, Inc. to evaluate the stormwater treatment methods
presented in the Stormwater Management Manual for Eastern Washington (SMMEW) and
recommend a water quality treatment method to the City. Righellis PC was a sub -consultant to
Tetra Tech/KCM, Inc. and was the firm responsible for the development of the water quality
treatment method. The Consultants recommended the continued use of bio-infiltration swales but
using the Hydrograph Method, a revised design approach from the SMMEW. The proposed
method yields swales that are 40% smaller. The Consultants recommendations were presented to
City Council on August 24, 2004. The new treatment method was adopted for use within the
City by Ordinance 05-013.
Scope of Work
The scope of work is to provide technical support as assigned to achieve technical equivalency
from the state. This may include scientific and technical support; meetings with Washington
State Department of Ecology (Ecology) and Environmental Protection Agency (EPA),
preparation of presentations for Ecology, EPA, City staff and officials; and other miscellaneous
services needed to assist with the adoption of the stormwater manual.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled "Rate 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.
ACORD
DATE(MM/DD/YYYY)
11/16/2006
PRODUCER
Aon Risk Services, Inc. of Oregon
1211 S.W. 5th Avenue
Suite 600
Portland OR 97204-3799 USA
PHONE-(503) 224-9700
INSURED
Righellis PC
2328 Timberline Way
Las Vegas NV 89117 USA
FAX-(503) 295-0923
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A: Continental Casualty company
NAIC #
20443
INSURER B:
INSURER C:
INSURER D:
INSURER E:
rea-
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
LTR
ADD'L
INSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE(MM\DD\YY)
POLICY EXPIRATION
DATE(MM\DD\YY)
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE D OCCUR
GENL AGGREGATE LIMIT APPLIES PER:
❑ POLICY ❑ PRO- ❑ LOC
JECT
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON OWNED AUTOS
111111111111.1
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY
( Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY:
AGG
EXCESS /UMBRELLA LIABILITY
ElOCCUR ❑ CLAIMS MADE
DEDUCTIBLE
RETENTION
EACH OCCURRENCE
AGGREGATE
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under SPECIAL PROVISIONS
below
WC STATU-
TORY LIMITS
OTH-
ER
E.L EACH ACCIDENT
Holder Identifier :
E.L. DISEASE -EA EMPLOYEE
E.L. DISEASE -POLICY LIMIT
A
• OTHER
Archit&Eng Prof
MCA254CB9167
12/12/06
12/12/07
occurrence
SIR/Deductible
Annual Aggregate
$1,000,000
$2,000
$2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Replaces previous certificate
btrairla
City of Spokane Valley
Attn: Gloria Mantz PE
11707 E Sprague Ave #106
Spokane valley WA 99206 USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WB.L ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
f tr 1 ����' 1/I. t•'Y1/+ -
O2D2St2Ub1i081
1TION4-98§
CERTIFICATE OF INSURANCE
This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
❑ STATE FARM LLOYDS, Dallas, Texas
insures the following policyholder for the coverages indicated below:
Policyholder Ri.ghellis PC
Address of policyholder 2328 Timberline Way Las Vegas, NV 89117
Location of operations
Description of operations
2328 Timberline Way Las Vegas, NV 89117
consulting
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these polities is
subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims.
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
Effective Date ; Expiration Date
LIMITS OF LIABILITY
(at beginning of policy period)
98-B5-6567-1
This insurance includes:
Comprehensive
Business Liability
® Products - Completed Operations
® Contractual Liability
® Personal Injury
® Advertising Injury
❑ BUILDING
® Medical $5, 000
it BUSINESS PROPERTY
12/29/06
$ 6, 500
12/29/07
BODILY INJURY AND
PROPERTY DAMAGE
Each Occurrence $1, 000, 000
General Aggregate $ 2, 000, 000
Products - Completed $ 2, 000, 000
Operations Aggregate
EXCESS LIABILITY
❑ Umbrella
POLICY PERIOD
Effective Date ; Expiration Date
BODILY INJURY AND PROPERTY DAMAGE
(Combined Single Limit)
Each Occurrence $
Aggregate $
■ Other
Workers' Compensation
and Employers Liability
POLICY PERIOD
Effective Date ; Expiration Date
Part I - Workers Compensation - Statutory
Part II - Employers Liability
Each Accident $
Disease - Each Employee $
Disease - Policy Limit $
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
Effective Date ; Expiration Date
LIMITS OF LIABILITY
(at beginning of policy period)
.
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of Certificate Holder
Additional Insured:
City of Spokane Valley
11707 E Sprague Ave, Ste 106
Spokane Valley, WA 99206
Title
•LARRY KEEVER
If any of the described policies are canceled before
their expiration date, State Farm wilblkt to mail a
written notice to the certificate holder 30 days before
cancellation. ktzute q tie:feikWynait nickFrotii
iztOcCatuttfiNIK0Altoki4WILvi02ftjtt301§#416tRt1W
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Signature•ofefepresentative O1/10107
AGENT "
Date
Agent Name
Telephone Number 702 363-8151
Agent's Code Stamp
Agent Code
AFO Code
558-994 a.5 Rev. 11-08-2004 Printed in U.SA.
dig Policy No. 98-85-6567-1
SECTION II ADDITIONAL ENSURED ENDORSEMENT
Policy No.: 98-B5-6567-1
Named Insured: RIGHELLIS PC
FE-6609
Additional Insured (include address):
CITY OF SPOKANE VALLEY
11707 E SPRAGUE AVE STE 106
SPOKANE VALLEY WA 99206-6124
WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the
Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely
because of your work performed for that Additional Insured shown above.
Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for
damages for which you are provided coverage.
The Primary insurance coverage below applies only when there is an "X" in the box.
❑ Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary
insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to
coverage provided to you.
All other policy provisions apply.
FE-6609
Printed in U.S.A.