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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. Agreement for Professional Services Page I of 5 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. Agreement for Professional Services Page 3 of 5 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. Agreement for Professional Services Page 5 of 5 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