06-003.00 David Evans & Associates: Development Inspection SvcsValley
11707 E Sprague Ave Suite 106 Spokane Valley WA 99206
509.921.1000 Fax: 509.921.1008 cityhatt@spokanevalley.org
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June 20, 2006
Stephen J. Shrope, PE, VP
David Evans and Associates, Inc.
110 West Cataldo
Spokane, WA 99201
Re: Addendum to Professional Services Contract executed January 26, 2006
Dear Mr. Shrope,
The City of Spokane Valley would like to execute an addendum with David Evans and Associates, Inc., to
that agreement executed by the parties on January 26, 2006. The City proposes amending the Contract by
requesting both parties sign this letter.
Upon execution, this letter will serve as an Amendment to the January 26, 2006 contract, as stated below:
The City agrees to pay Consultant for up to $10,000.00 in additional services as outlined in the Contract's
original scope of work. These services will be tracked and billed on time and materials basis, and are
subject to all of the conditions set forth in the original agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement this an "2day of June,
2006.
CITY OF SPOKANE VALLEY: Consultant: David Evans & Associates, Inc.
(-� )., e- 0 UZI4-- �
David Mercier, City Manager
Stephen f. Shrope. _ VP
Tax ID No. REDACTED
ATTEST: APPROVED AS TO FORM:
6hiistin�eEl
ainbridge, City Clerk Gard P- -T?*�� '�?,-y C. torney
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 l
pursuant to RCW 42.56.550. %� /�
AGREEMENT 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 R Associates, Inc. hereinafter "Consultant," jointly
referred to as "parties. *"
1\► CONSIDERATION of the terms and conditions contained herein the parties agree as follows:
L 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.
E. 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. "Phis Agreement shall be in full force and effect upon execution mid shall
remain in effect until completion of all contractual requirements.
Either party may terminate this Agreement by ten (10) clays 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 $40,000. 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 $.445 per mile.
Agreement for Professional Services Page I of 4
C06 -03
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: Stephen J. Shrope, PE, VP
Phone Number: (509)921 -1000 Phone Number: (509) 327 -8697
Address: 11707 Fast Sprague Ave, Suite 106 Address: 110 West Cataldo
Spokane Valley, WA 99206 Spokane, WA 99201
6. Aimlicable Laws and Standards. The parties, in the performance of this agreement; agree
to comply with all applicable Federal, Slate, 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.
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 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 Insurance in compliance with RCW 51.12.020, which
requires subject employers to provide workers' compensation coverage for all their subject workers and
Employer's Liability or Stop Gap Insurance 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.injuiy 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 agent,; are additional insureds but only with respect to the Consultant's services to be
provided under the contract;
Agreement for Prokssionsl Services Page 2 o1 4
C. Automobile Liability Insurance with a combined single limit, or the equivalent, or not
less than $1,000,000.00 each accident for bodily injury and property damage, including coverage for owned,
hired or non -owned vehicles; and
D. Professional Liability Insurance with a combined single limit of not less than
$1,000,000.00 each claim, incident or Occurrence. This is to cover damages caused by the error, omission, or
negligent acts related to the professional services to be provided under this contract. The coverage must
remain in effect for at least two (2) years after the contract is completed.
There shall be no cancellation, material change, reduction of limits or intent not to renew the
insurance coverage(s) without thirty (30) days written notice from the Consultant or its insurers) 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 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 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, sell'- insured
retentions, and /or self - insurance.
t 1. Indemnification and ITold Harmless. Each party shall indemnify and hold the other, its
officers, employees, agents and volunteers harmless from 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
negligent act or omission on the part of said party or its agents, employees or volunteers in the perfornna.nce
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 ofany other subsequent breach or nonperfortnance. 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 agrn ement 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 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 consent of the
City or upon order of a Court of competent jurisdiction.
16. Jurisdiction and Venue. This Contract is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
Agreement for Professional Services Page 3 of 4
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 Right of Way Inspector Services
WITNESS WHEREOF, the parties have executed this Agreement this, day of Qi✓l&
20�
CITY OF SPOKANE VALLEY:
iA (C-
City Manager
David Evans and Associates:
Vice President
Tax ID No REDACTED
ATTE T: APPROVED AS TO FORM:
,City Clerk City Att&ney
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
Agreement for Profes redacted or withheld documents pursuant to Spokane Valley Page 4 of
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
ForProposal for Development Inspection
Services for the City of Spokane Valley
Background and Purpose
The City of Spokane Valley has requested David Evans and Associate;, inc. (DEA) provide skilled
and knowledgeable labor to assist in "Development Inspection Services" for the City. At this time,
the City of Spokane Valley is continuing with the basic development construction verification and
documentation procedures previously established by Spokane County. That is, the detailed
inspection /reporting is provided by developer -hired inspectors, and the City, observing and
receiving satisfactory confirmation of adherence to standards, accepts the project and releases
applicable performance bonds. Besides the construction development projects that have and
continue to occur since its inception, the City inherited from Spokane County a significant backlog
of developments in- progress that also require final acceptance documentation.
It is the City's desire that DEA personnel visit in- progress development projects to ascertain
progress, review developer - provided inspection reports and verify general conformance with City
standards or special project requirements. DEA will prepare appropriate documentation to close out
completed projects and release performance bonds. Should a project not meet City requirements
during construction or at apparent completion, DEA may advise the developer's on -site
representative of Findings; however, any such interaction shall be coordinated with City personnel
who will assume the ultimate responsibility of contacting the responsible party and seeking
corrective action.
Tt is anticipated that one or two DEA employees may be required to :accomplish the tasks the City is
contemplating, and that this labor may be required over a period of several months. The work is
anticipated to be on a part -time basis (20 -30 hours per week), however, actual work schedules and
labor requirements will be coordinated with the City as the work progresses. Documentation tasks
will be primarily performed at a computer workstation in City Hall. All work will be performed on
a Time and Expense basis. The hourly rates for the DEA employees that may potentially be
involved with this project are:
Name Position Hourly Kate
Allan Jackson Construction Inspector $70.00
Wayne McGavran Construction Inspector $65.00
Kerri Olson Office Administrator $65.00
General Description of Tasks
I. Work with City personnel to further identify, organize and develop the "development inspection
services" approach and schedule for non- closed projects.
2. Conduct site visits, review inspection reports and document the adherence or non- adherence of
development projects (both completed and in- progress) to City standards and requirements.
3. Maintain organized record of project review information, determinations and applicable
discussions with inspection agencies or other developer representatives. Prepare appropriate
notices and documentation for completion of specific projects and release of bonds.
City of Spokane Valley R/W Inspector Services