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05-034.00 David Evans & Associates: Stormwater Surveying SvcsAGREENNIENT FOR PROFESSIONAL SERVICES David Evans & Associates, Inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City' and David Evans & Associates, inc. hereinafter "Consultant," jointly referred to as "parties." Ili' 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 continence 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 shalt be in frill 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. Compensation. The City agrees to pay the Consultant on a time and materials basis in accordance with the attached fee schedule as full compensation for everything done under this agreement, not to exceed $30,000. 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 meetings, presentations or otherwise perform the services herein) at a rate of 5.405 per mile. Agreement for Professional Services Page I o1'4 d4).6-- 3C/ 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: Name: Christine Bainbridge, City Clerk Phone Number: (509)92 1 -1000 Address: 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 TO THE CONSULTANT: ?Fame: Stephen J. Shrope, PE, VP Phone Number: (509) 327 -5697 Address: l 10 West Cataldo Spokane, WA 99201 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. g. 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. 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 Consultants records with respect to all matters covered in this contract. Such representatives shall be pennitted 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 hisurance in compliance with RCW 51.12.020, which requires subject employers to provide workers' compensation coverage for all their subject workers and Employers Liability or Stop Gap Tnsurance in the amount of $1,000,000.00; B. General Liability Insurance on an occurrence basis with a combined single limit of not less than $1;000,000.00 each occurrence for 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; Agreement for Professional Services Page 2 of 4 C. Automobile Liability insurance with a combined single limit, or the equivalent, or not less than 51,000,000.00 each accident for bodily injury and property damage, incl4rding coverage for owned, hired or non -owned vehicles; and D_ Professional Liability Insurance with a combined single: linut of not less than S 1,000,000.00 each claim, incident or occurrence. Viis is to cover damages caused by the error, omission, or negligent acts related to the professional services to be provided under !his contract. 7rhe. coverage. must remain in effect for at least two i 2) years after the contract is completed. There shall be no cancellation, material change, reduction of limits or inNml not to renew the insurance coverage(s) without thirty (30) days written notice from the Consultant at 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 lime the Consultant returns the signed contract_ The eertificatc 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 Cityacceptance. lfrequested, complete copies of insuranco policies shall be provided to the City, Thor Consultant shall be financially responsible for all pertinent deductibles, self - leisured retentions, andlor seif- insurance. it. indemnification and Wald H arm Iu9s. Each party shall indemnify and hold the a[her, its officers, employees, agents and volunteers hannless froni 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 volumcers 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 nonperfo=Lncc. X111 remedies afforded in this agreement or by Iaw, shall be taken and construed as c4rmulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of tho provisions of this agreement or to require at any dime ptTformancc by tho other party of any provision liejvof shall in no way be construed to be a waiv(.,r of such provisions nor sha]1 it affect the validity of this agreement or any part thereof, 13. Assignment stnd Delegation. Neither party shall assign, trarkster or delegate any or a]1 of the responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent of the other party_ I4_ Subcontracts. Except as othenvise prolridud herein, the Consultant shall not enter into subcontracts for any of the work comtcmplatcd under this agreement without obtaining written approval of the city. 15. Confidentiality. Conslrllant 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_.H_nd Ventre. This Contract is entered into in Spokane County, Washington_ Venue shall be in Spokane County, State ofWwihington. Agrecrocait for 1'rofcsstonal Services Page 3 of 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. 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. 22. Exhibits. Exhibits attached and incorporated into this agreement are: Scope of Services for Survey Activities IN WITNESS WHEREOF, the parties have executed this Agreement this 31E0day of 2005. CITY OF SPOKANE VALLEY: C City Manager ATTEST- Clerk Consul t: Associate Tax ID No. REDACTED APPROVED AS TO FORM: City A orney This document contains confidential tax information and Agreement for Professi< 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. Page 4 of 4 Proposal for Surveying Services for the City of Spokane Valley Background and Purpose The City of Spokane Valley has requested the services of David Evans and Associates to provide surveying services in support of ongoing City stormwater projects. A description of the anticipated services to be provided is included below. General Description of Tasks • Conduct field survey work as requested for: 1) boundary and easement purposes; 2) engineering design purposes; 3) construction purposes; 4) and for as -built drawing purposes. • Determine existing record boundary, right -of -way, or easement lines. • Produce boundary or topographic drawings as requested by the City. • Pre_pare legal descriptions for existing and proposed stormwater facilities, as required. • Prepare stormwater facility easement documents, ready for signature, as requested by the City. • Perform miscellaneous surveying tasks as directed. • Preparation of R/W documents and easement documents, as well as any construction staking activities, will be overseen by a surveyor licensed in the State of Washington. City of Spokane Valley Traffic Engineering Services DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The 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.