06-069.00 David Evans & Associates: Development Construction InspectionAGREEMENT FOR PROFF•SSIONAL SERVICES
DEVELOPMENT CONSTRUCTION INSPECTION
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."
iN CON'S IDERATION 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 t {asks 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 corn pensation.
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. 'fhe 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 meeting,, presentations
or otherwise perform the services herein) at a rate of $.445 per mile.
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C06 -69
4. Payment. 'the. Consultant shall be paid monthly upon presentation of an invoice to the City.
Applications for payment shall be sent to the Cite 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: 908 N Howard, Suite 300
Spokane Valley, WA 99206 Spokane, WA 99201
6. Applicable Lags anti 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 he 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 agrecment 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:
Agreement ror Professional Services Page 2 of 5
I . 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:
I. 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 51,000,000 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:
I . 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 snail, 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 ANIL
C. 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.
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F. Evidgrlcc of Coverno- As cvidencc of t11e insurance coverages required by this
contract, the C011SLtltallt A a I I furnish acceptable insurance "rtiflcates to the City at the time
the Con suImnt rettinns the sighed eoii[ract- The certificate shall specify all of the parties who
are additional insureds, and will include applicable policy cifdorseincilts, (lie, (1)irty {30) day
cancellation clause. and the deduction or retendoii k:vicI. I nsuriag companies or entities are
subject to City {acceptance• If requested, complete copies of insurance policies slialI be
provided to the City. The Consultant Shall be financially responsible for all pertinent
deductibles, self - insured retentions, aTidlor self insurst�3cc-
I L Indc ill nificntion_ find Hold Harmless. ConstiltanC shall defend, indeinnify and hold the City,
its officers. 0frcix]s, employees Wid volunteers h�irinless. from any and all claims, injuries, damages. losses,
or shits inducting attorney fees, arising out of or resulting from the negligent acts. errors or omissions or willful
tniscondLtct of the CO 119Ultailt in performance of this ageement, except For injuries and damages caused by the
sole negligence of the City.
12. Waivcr. No oMcer, employee, ac, ent or other individual acting on behalf of either party hits
the power, right or authority to waive any of the condi #ions or provisions of this agreement. Nlo wai ve.r in one
instance shnII be held to be waiver of any+ other subsequent breach or non perfbmianue. A]] remedies alTorded
in Ihis agrcement or by Caw, spat I be taken and construed as cLtmu IatiVe, and in addition co every other rcinedy
provided herein or bylaw. Failure of either party to enforce at tiny Iim4 any ofibe 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 Witiver ofsuch provisions nor shall it affect the validity of this agreement or any part thereof.
13. AScinnmerit and Delegation. Neither party shall assigns, transfer or delegate any oral l of the
responsihiIities ofthi9 agreement or the benefi ts received here Linder wirhoul fi rst obtainina the written consent
of the other pasty.
14. Subcontrttc.ts. Except as otherwise provided herein, the Consultant shall not enter into
subcontracts for any of the work uonl+emplaled antler this agreement without obtaining prior written {approval
of the City.
15. Confidtilitiality. Consultant may, from time to time, receive information which is deemed
by i:he City to be confidential- Consultant shall not disclose SLich information %vkhout the express written
consent of the City or upon order of a C:ourr of compctentjurisdiction-
lo. Jurisdictiun and Venue. This agreement is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
17. Cost :Ind Ariurney's fees, in thy. event a Ia %WSUit is brought With respect to this agreement,
the prcvai I in party shall be awarded its costs and attorney's fees in the amount to be determined by the Court
as reasonable. U less provided otherwise by statLite, C:onstiIlant°s attorney fees payable by [lye City sha]I not
exceed the total SLIM amount paid tinder 1:h is agreement.
18, EFttire Agrtemtnt, This written agrecinent constitutes the entire and complete agreement
between the parties and supercedes any prior oral or written agreements. Th is agreement may not be changed,
modified or altered except in %.Vriting sicrned 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
Agreement for Profmsional Services Page 4 of 5
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:
1. Scope of services
2. Insurance Certificates
WITNES2, WHEREOF, the parties have executed this agreement this day of
—_
'2006.
CITY OF SPOKANE VALLEY:
David Mercier, ' Manager
ATTEST:
Christine Bainbridge, City Cle
DAVID E ANS AND ASSOCIATE :
Stephen J hrope, VP ffice Manager
Tax ID No. REDACTED
APPROVED AS TO FORM:
Office 4the City A orney
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.
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W-0co
Proposal for Development Inspection
Services for the City of Spokane Valley
Background and Purpose
The City of Spokane Valley has requested David Evans and Associates, Inc. (DEA)
provide skilled and knowledgeable labor to assist in "Development Inspection Services"
for the City for the period of August I, 2006 to March 31, 2007. 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 -hire 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. DBA 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,
DBA ma_v 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.
It 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 Wall. All work will be performed on a Time and Expense basis. The
hourly rates for the DBA employees that may potentially be involved with this project are:
Name Position Hourly Rate
Allan Jackson Construction Inspector $70.00
Wayne McGavran Construction Inspector $70.00
Kerri Olson Office Administrator $70.00
General Description of Tasks
1. 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.
Development Inspection Services 09105106