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
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ACORD CERTIFICA- CIE OF LIABILITY INSURAK- =
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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
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X COMMERCIAL GENERAL LIABILITY
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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