07-005.00 Thomas Dean & Hoskins: Old Senior Center Structural & Geotech Svcs Ph 1AGREEMT —N T FOR PROFESSIOi —L SE R V ICES
TInoinas, Dean & Hoskins, Inc.
Phase I Structural and Oeoteehnical Engineering Services - Old Senior Center
Contract 007 -005
THIS AGREE, ENT is made by and between the City of Spokane Valley, acode City of the State of
Washington, hereinafter ;'City'" and * hereinafter "Consultants" jointly referred to as `°parties."
JN CONSTD-ERA T QN of the terms and conditions contained herein the parties agree as follows-
1- Work to He 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 sha11 adminisler axed be the primary
contact for Consultant- Prinr to commencement of work, Consultant shall contact the City Manager or
designee to rckview the Scope of Work, schedule and date of completion. Upon notice from the City Manager
or desigmec, 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 goalifcazions 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 servjcces 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 I 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 mod if7 cation s 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 ConsuItant shall make such revisions in the work as tut: necessary to correct errors or
omissions appearing therein when required to do so by the City without additional compensation.
. Ttrm of Contract. This agreement 9ha] I be in fuII force and effect upon execution and shall
remain in effect until completion of a1] contractual requirements has been met.
Either party may terminate this agreement by ten (10) days written notice to the otlier 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- Compeasatiou. The City agrees to pay the Consultant on a cost plus fixed fee basis fora total
ardour( not to exceed $21.600 as full compensation for everything done under this agreement. A Management
Rcscrve Fund of $23 160 (10 ) is hereby established to covet additional work that may be outside the attached
scope of %vork. Prior written authorization is required from the City before work utilizing the'Management
}grccmew for Proicssional Scrvicxs Page 1 of 5
e- 0 -? -0,1--
Reserve Fund is begun.
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.
Notice. Notice shall be given in writing as follows:
TO THE CITY:
TO THE CONSULTANT:
Name: Christine Bainbridge, City Clerk Name: Thomas, Dean & Hoskins, Inc.
Phone Number: (509)921 -1000 Phone Number: (509)622 -2888
Address: 11707 East Sprague Ave, Suite 106 Address: 303 East Second Avenue, Spokane,
Spokane Valley, WA 99206 WA 99202
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 employees under this agreement and any liability
that may attach thereto.
8. Ownership of Documents. All drawings, plans, specifications, and other related documents
(electron.ic versions included) 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 Pape 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 RTitten 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 51 ;000,000 policy aggregate limit.
C. _Other_In_surance_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. 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 mail, 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 AND.
E. 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.
F. Evidence of Coverage. As evidence of the insurance coverages required by this
contract, the Consultant shall furnish acceptable insurance certificates to the City at the time
Agrecmcnt for Professional Scrvion Page 3 of 5
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, self - insured retentions, and/or self - insurance.
11. Indemnification and Hold Harmless. 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 resulting from the acts, errors or omissions of the Consultant in
performance of this agreement; except for injuries and damages caused by the sole negligence of the City.
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 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 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 Washinbnon.
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 Aj!reement. 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
Agreement for Professional Services Page 4 of 5
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
d WITNESS WHEREOF, the parties have executed this agreement this ��`— day of
52007.
CITY OF SPO VALLEY:
David Mercier, City Manager
ATTEST:
r'
istine Bainbridge, City Clerk
Consultant:
I
Tax RE
ID
Tax No.
APPROVED AS TO FORM:
Office of lie City AtiWmey
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
EXHIBIT A - SCOPE OF SERVICES
Engineering Services - Old Senior Center
City of Spokane Valley, Washington
SCOPE OF SERVICES
The objective of this Agreement is to provide for the necessary engineering services to assess
possible causes of and mitigation for building settlement at the Senior Center Building located at
the northeast corner of the intersection of Mission Avenue and Bowdish Road in Spokane Valley,
Washington. This building is currently vacant and the City of Spokane Valley, hereinafter
referred to as the "Agency" is considering the viability of repairing the existing structure versus
demolition and replacement with a new building. Thomas, Dean & Hoskins, Inc. hereinafter
referred to as the "Consultant", will utilize existing building drawings and an existing
geotechnical evaluation prepared in 1996 by Gifford Consultants, Inc. (GCI). Additional
mapping, geotechnical, and structural engineering will be performed as described herein.
The scope of engineering services shall include those items listed below and as further detailed in
Attachment A -1. The Agency is executing this Agreement for Phase 1 services only, but
reserves the right to supplement the Agreement to add project related design and construction
engineering as needed.
Phase .l - Preliminan, Evaluation. of Existing Structure
1. Civil and Structural Engineering
• Perform a thorough site visit to inspect and photograph the existing structure.
• Survey and map the floor of the existing structure as needed to accomplish the
structural evaluation.
• Review all available existing documentation relative to the existing structure, e.g.
original building plans and the previous geotechnical study.
• Determine and evaluate the problem areas.
• Determine a conceptual repair plan.
• Perform a preliminary evaluation for possible new structure.
• Produce an estimate of probable costs to repair vs. demolish the existing
structure.
• Produce a report summarizing the findings and recommendations.
• Present the report to the Agency staff.
2. Geotechnical Engineering
• Review available information.
• Complete six (6) backhoe test pit excavations including one at the sink hole
location and one on the western half of the site.
• Explore soil and groundwater conditions with two (2) borings to an estimated
range of 20-30 feet below site grade. For budget planning, about 50 feet of
drilling is assumed.
• Assess possible causes of building settlement.
• Produce recommendations for mitigation of building settlement.
• A preliminary evaluation of the site for possible construction of a new structure.
Exhibit A, Page 1
Because the proposed building footprint, foundation loads and site grading are not
known, only a discussion of possible design and construction issues based on a
limited exploration and project understanding will be included.
Prepare a written report containing preliminary findings, conclusions, and
recommendations.
DELIVERABLES - the Consultant shall furnish the following documents. All such material used
in the project shall become and remain the property of the Agency.
l . Phase 1 - Written Report. Three copies of the geotechnical report and the
final report will be provided.
LEVEL OF EFFORT - See Attachments Al including:
1. Fee Proposal Summary Sheet
2. Consultant Fee Determination Summary Sheets
3. Manhour Summary
4. Expense Summary
5. Breakdown of Overhead Costs
ESTIMATED SCHEDULE
Engineering will begin within ten (10) working days of receipt of an executed Agreement, and
will deliver the draft Phase 1 written report within forty (40) working days thereafter.
Exhibit A, Page 2
�, CERTIFICAI,' `I \OF LIABILITY INSURA_' ;E 0f /22/2007
PRODUCER (406)453 -1464 FAX i,4vv-j453 -0073 THIS CERTIFICATE 'QIsUED AS A MATTER OF INFORMATION
Flynn Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
100 Park Drive South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 711
Great Falls, MT 59403 INSURERS AFFORDING COVERAGE NAIC #
INSURED Thomas Dean & Hoskins, Inc INSURER A: Continental Casualty Company
1200 25th St So INSURER B:
Great Falls, NT 5940S INSURER C:
INSURER D:
INSURER E:
Ar-CQ
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIRE14ENT, 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
DD'
TYPE. OF INSURANCE
POLICY HUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIIAITS
GENERAL LIABILITY
EACH OCCURRENCE
S
DAMAGE• TO RENTED
)_
5
COdIMERCIA.L GENERAL LLAS&ITY
CLAIMS NIAOE � OCCUR
PAEO EXP (Arej crr pc=n)
5
PERSONAL a ADV INJURY
5
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COIAPiOP AGG
S
POLICY 0 jE ' LOC
AUTOMOBILE LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(En Oxidant)
s
BODILY INJURY
(Pet Person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Par accident)
S
HIRED AUTOS
NON•O1'1HED AUTOS
PROPERTY DAMAGE
(Por accident)
S
GARAGE UAPILnY
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EAACC
S
ANYAUrO
$
R
AUTO ONLY. AGG
EXCESSIUMHRELLA LIABILITY
EACH OCCURRENCE
S
OCCUR 17 CLAIMS MADE
AGGREGATE
$
S
S
DEDUCTIBLE
$
RETENTION S
WORKERS COMPENSATION AND
WC 5TATU- OTH
E.L. EACH ACCIDENT
S
EMPLOYERS' LIABILITY
ANY PROPRIETORMARTNERIEXECUTIVE
EL DISEASE • EA E14PLOYE
S
OFFICERIMEMBER EXCLUDED?
1.1 yes, do tribe under
SPECIAL PROVISIONS below
EL DISEASE - POLICY LIMIT
S
A
OTH
ro!ressional liability
AEH113825009
09/01/2006
09/01/2007
Limit of Liability- $1,000,000
Per claim/aggregate
DESCRIPTION OF OPERATWNS I LOCATeDNSI VEHICLLSI EXCLUSIONS ADDED UY LNUUKSLI.LNI I S1'LUTAL VKVV1WUN0
RE: Old Spokane Valley Senior Center
City of Spokane Valley
Attn: Carol Carter
11707 East Sprague Ave
Suite 106
Spokane Valley, 61A 99206
ACORD 25 (2001108) FAX: (509)688 -0188
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO AIAiL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTA'
AUTHORIZED REPRESENTATIVE �`
Tom Sidor /RT /o
@ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 26 (2001108)