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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 �AA�� �w�IA�AAAAAA���IAIINI�In 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