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11-011.00 David Evans & Assoc: 2011 Survey ServicesAGREEMENT FOR PROFESSIONAL SERVICES David Evans and Associates, Inc. 2011 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 David Evans and Associates, Inc. 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 December 31', 2011. 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 pay the Consultant on a time and material basis in accordance with the attached scope of services and fee schedule as full compensation for everything done under this agreement, not to exceed $50,000. Agreement for Professional Services Page 1 of 5 cots' wk 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. 5. Notice Notice shall be given in writing as follows: TO THE CITY TO THE CONSULTANT Name: Christine Bainbridge, City Clerk Name: Richard Waltrip Phone Number: (509)921 -1000 Phone Number: (509) 327 -8697 Address: 11707 East Sprague Ave, Suite 106 Address: 908 N Howard St, Ste 300 Spokane Valley, WA 99206 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 its 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: Agreement for Professional Services Page 2 of 5 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. 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. Agreement for Professional Services Page 3 of 5 E. Evidence of Coveraize. 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 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 ofthe 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 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 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 Agreement for Professional Services Page 4 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 £ Easements g. Right -of -way and easement dedications All reviews shall be returned to the Department of Community Development within five (5) 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. ACORD' CERTIFICATE OF LIABILITY INSURANCE 5i1i201I DATE (MMIDDIYYYY) 1 11/30/2010 PRODUCER Loddon Companies, LLC4 Kansas City 444 W. 47th Street, Suite 900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kansas 0- 00 64112 -1906 (81 ) ALTER THE COVECERTIFICATE AGE AFFORDED BY THEMP BEL W - 11707 EAST SPRAGUE AVENUE #106 SPOKANE VALLEY, WA 99208 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR INSURERS AFFORDING COVERAGE NAIC # INSURED DAVID EVANS AND ASSOCIATES, INC. INSURER A: Zurich American Insurance Company 16535 1334610 320 S.W. UPPER TERRACE DRIVE INSURER 8: SL Paul Fire and Marine insurance Co 24767 SUITE 200 BEND OR 97702 INSURER C: Travelers Property Casualty Co of America 25674 INSURER o: Lexington Insurance Company 19437 INSURER E: COVERAGES DEAINO 1 PS THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING AUTHOR= : 'e OR PRODUCER 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 ADD1 MM TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDDAYY) POLICY EXPIRATION DATE (MMIDDIYYL LIMITS X GENERAL LIABILITY EACH OCCURRENCE $ $1 000 000 A X COMMERCIAL GENERAL LU161LITY CLAIMS MADE u OCCUR GLO 9830389 12/1/2010 12/12011 DA NAGS TO RENTED P _ARSES Ea ocwrenoe $ $300 000 MED EXP (Arty one person s $s 000 PERSONAL 8 ADV INJURY $ $1 00 000 GEVERALAGGREGATE $ $2,000,000 HGEILAGGREGATELIMITAPPLIESPEP, PRODUCTS - COMPIOPAGG S $2000000 PRO- POLICY JECT 7 LOC A AUTOMOBILE LIABILITY X ANY AUTO BAP 9830390 12/1/2010 12/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ $1,000,000 BODILY INJURY (Per person) $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ XXXXXXX X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGELIABILITY ANY AUTO NOT APPLICABLE AIfrOONLY - EA ACCIDENT $ XXXXXXX OT14ERTHAN EA ACC $ XXXXXXX $ XXXXXXX AUrOONLY: AGG B FXCESSIUMBRELIA LIABILITY X OCCUR F CLAIMS MADE QK0800I037 12/1/1010 12/1/2011 EACH OCCURRENCE S $1,000,00 AGGREGATE $ $1,000,000 $ XXXXXXX UMBRELLA FX1 s XXXXXXX DEDUCTIBLE FORM $ XXXXXXX RETENTION S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERID(ECUTNE F OFFICERMEMBER EXCLUDED? (Mandatory In NH] PJUB226DO74010 5/1/2010 5/1/2011 WCSTATU- oTH- TORY LIMITS ER El EACH ACCIDENT $ $500,000 El DISEASE - EA EMPLOYEE $ $500,000 SP cwL El DISEASE POLICY LIMIT $ $500,000 i D OTHER PROFESSIONAL 013001600 12/12010 12/1/2011 PER CLAIM $1,000,000 ANNUAL AGGREGATE $1,000,000 LIABILITY DESCRIPTION OF OPERAT ION S&OCATIONSNEIICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: SURVEY REVIEW SERVICES. THE CITY OF SPOKANE VALLEY IS INCLUDED AS AN ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY & NON - CONTRIBUTORY WHERE REQUIRED BY WRITTEN CONTRACT. rFRTIF!C- TE HOLDER rONcFI I AnnN IM46006KI 11061 NS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SPOKANE VALLEY DATE THEREOF, THE ISSUING INSURER VDLL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN: CHRISTINE BAINBRIDGE CITY CLERK NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 11707 EAST SPRAGUE AVENUE #106 SPOKANE VALLEY, WA 99208 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOMM & AdArpoke ACORD 25 (2009101) —0- 19W2009 #C'*D CORPORATION. All rights reserved The ACORD name and logo are rgpistered marks of ACORD For questions regarding Oft eermkare, earft" the mania IisUd In the -Pmaucel 2 iun above and specify the Went Ct de TIENN61'. COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LE: -SEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily inury", "property damage" or "personal and advertising injury" caused, in whole or in part by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endcrsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 2. Exclusions This insurance does not apply to: a. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural., engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury' or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Miscellaneous Attachment: M460068 Certificate ID : 11061999 Includes copyrighted material of Insurance Services Cdfice, Inc with its permission POLICY NUMBER: GLO 9830389 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization to whom or which you are required to provide additional insured status in a written agreement to provide additional insured coverage Information required to complete this Schedule if not shown above will be shown in the Declarations. Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage' caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". Miscellaneous Attachment: M460068 Certificate ID : 11061999 Includes copyrighted material of Insurance Services Office, Inc with its permission Policy Number: GLO 9830389 Policy Term: 1210112010 - 1210112011 Other Insurance Amendment - Primary and Non Contributory THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Clause 4. Other Insurance of Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is changed as follows: 1. The following is added to a. Primary Insurance: a. This insurance is primary as respects to an additional insured, where a written contract requires that it be: (1) primary; and (2) non - contributory. b. If a. applies we will not seek contribution from other insurance on which the additional insured is a Named Insured. 2. The following is added to clause b.(1)(a): That is available to an additional insured that provides coverage for the same: a. - occurrence'; b. claim; or c. "SUR". This clause does not apply: (1) To any policy in which the additional insured is a Named Insured; and (2) Where our policy is required by written contract to provide coverage to the additional insured on a: (a) primary; and (b) non - contributory basis. All other terms and conditions of this policy remain unchancied. U -GL- 1327 -A FL (04109) Page 1 of 1 Miscellaneous Attachment: M460068 Certificate ID : 11061999 Includes copyrighted material of Insurance Services Office, Inc with its permission