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07-023.00 David Randall, PE: Beverly Hills Stormwater Construction MgmtAGREEMENT FOR PROFESSIONAL SERVICES David Randall, P.E. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and * hereinafter "Consultant," jointly referred to as "parties." 1N CONSIDERAIZON 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 froth 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. 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 compensation. 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 authorised and satisfactorily performed prior to the termination date. 3. Compensation. The City agrees to pay the Consultant $8,640 as full compensation for everything done under this agreement. A Management Reserve Fund of $1,296 (15 %) is hereby established to cover additional work that may be outside the attached scope of work. Prior written authorization is required from the City before work utilizing the Management Reserve Fund is begun. Agreement for Professional Services Page t of 5 07 -23 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: David Randall, P.E. Phone Number: (509)921 -1000 Phone Number: (509) 242 -3402 Address: 11707 East Sprague Ave, Suite 106 Address:521 W Cameron Road Spokane Valley, WA 99206 Spangle, WA 99031 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 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: Automobile Liability insurance covering all owned, non - owned, hired and Agrcxment for Professional Services Page 2 of 5 i 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: 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 $1,000,000 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: 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 A:VII. E. Verification of Coveratte. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsemcnt, 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 Agreement for Professional Services Page 3 of 5 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, self- insured retentions, and/or self - insurance. 11. Indemnification and Hold Harmlms. 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 Washington. 17. Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this agreement, the prevailing party shall b. 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. Agreement for Professional Services Page 4 of 5 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 WITNE WHEREOF, the parties have executed this agreement this C day of 2007. CITY OF SPOKANE VALLEY: David Mercier, 19y Manager ATTEST: C Is' ine Bainbridge, Clerk Consultant: Owner REDACTED Tax ID No._ APPROVED AS TO FORM: O ice of to City Att 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 r. ACORD CERTIFICA- CIE OF LIABILITY INSURAK- = �{�� RANDA 2 x'0'/"16107 03 16 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KHT Insurance 1200 Swmni,t Ave., Suite 880 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Christine Bainbridge GENERAL UABILITY Ft. Worth TX 76102 Phone: 817- 336 -2721 Fax: 817 -870 -2520 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER The Hartford X COMMERCIAL GENERAL LIABILITY INSME R B: Beazle y USA 03/12/07 David Randall, Civil Engineer David Randall INSURER C: $ INSMER D: 521 W. Cameron Road Spangle WA 99031 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 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 CLAM. LTR INSRO TYPE OF INSURANCE POLICY NUMBER GATE M]tYDNYTY Oq QYMPi'61 BYO LIARS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Christine Bainbridge GENERAL UABILITY City Clerk IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 11707 E Sprague Ave. #106 EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY 46SBAUE429 03/12/07 03/12/08 PREMISES fF o=uIDenca $ CLAIMS MADE X�OCCUR MEDEXP(Anyompemon) 5100000 PERSONAL BAOVINJURY %1000000 GENERAL AGGREGATE s2000000 GEMLAGGREGATELIMrt APPLIES PE R: PRODUCTS•COPeOPAGG I11 s2000000 POLICY J'- LOC AUTOMOBILELIABM1lTY ANY ALITO COM91NED SINGLE UINTT (F- eCOdQe10 $1000000 BODILY INJURY (Pw poison) iso $ ALL OWNED AUTOS SCHEDULED AUTOS A A X HIREDAUTDS X "ON- OWNEOmi m 46SEAUE429 46SBAUE429 03/12/07 03/12/07 03/12/08 03/12/08 BODILY INJURY (Ft'" $ PROPERTY DAMAGE (Per accident' $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTI4ER THAN EA ACC S ANY AUTO E AUTO ONLY: AGG EICLbuAJMBREILA LIASILITY EACH OCOURRENCiE $ OCCUR F-1 CLAIMS MADE AGGREGATE S S E OE DUCTM E S RETENTION S WORKERS COMPENSATION AND E MPLOYERV LNBBITY ANY PROPRIETORIPARTNERID[IX:UTIVE TORY LMRS ER F-1- FA%H ACCIDENT E E-L DISEASE - EA EMPLOYE S OFFICERJM.cMBER DICLUDEY! IITe�, iSL;;boumI" EL DISEASE • POLICY LIMIT S SFECNL PROVISIONS Wow OTHER B Professional V15G4S07PNPM 03/12/07 03/12/08 Per Claim 1000000 Liability a ate 1000000 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES! EXCLUSIONS ADDED BY E NDORSEM ENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CI TYSPO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BZFORE THE E04RATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Spokane Valley NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Christine Bainbridge City Clerk IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 11707 E Sprague Ave. #106 REIPRESENTATMES, AUTH D TA Spokane Valley WA 99206 AGORA 25 (2001108) 0 ACORD CORPORATION 1988 David N. Randall, Civil Engineer 521 W. Cameron Road Spangle, Washington 99031 Ph /Fax: (509) 245 -3402 Cell: (509) 951 -7411 January 29, 2007 City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 Attn: Gloria Mantz, P.E. Re: Submittal of a Revised Proposal for Construction Management Services on the Beverly Hills Stormwater Improvement Project. Gloria, Thank you for your request regarding engineering services on the above referenced project. Below you will find a revised Scope of Work as we discussed. During construction of the improvements it is estimated that engineering services will be required for 34 hours every day. Engineering time estimated for the preparation of Record Drawings at the completion of construction does not include any survey fieldwork. Record Drawings will be prepared from the contractors redlines to the plans and from measurements made in the field during Construction Observation. The proposed Scope of Work consists of the following Items of Work: 1. Construction Observation and Inspection during construction of the project. Coordination with the Contractor and with the City of Spokane Valley for clarification of construction issues as required. Review of Contractor Requests for Payment and the preparation of a recommendation for payment to be submitted to the City of Spokane Valley on a monthly basis. 2. Preparation of Record Drawings based upon the Contractors redline plans and measurements recorded during Construction Observation site visits. The Engineering Services Fixed Fee is $8,640.00. It is proposed to bill this fee based on the percentage of completion each month during the construction process. If this proposal is acceptable, please indicate by signing below and returning it back to me. If you have any questions, please give me a call. Sincerely, The above proposal is Acceptable: 2 David Randall, P.E. City of Spokane Valley Date