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07-029.00 Century West Engineering: Road & Drainage Plan ReviewAGREEMENT FOR PROFESSIONAL SERVICES Century Nest Engineering Corporation THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Century Nest Engineering Corporation hereinafter "Consultant, "jointly referred to as "parties." iN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: I. Work to Be Performed. The Consultant will provide all labor, services and material to satisfactorily complete the,:uwtched 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 tasks in the Scope of Work, stop work and promptly cure any failure in performance under this agreement. E. 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. Cornpensation 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 tocorrect errors or omissions appearing therein when required to do so by the City without additional compensation. 2. 1'erm of Contract. This aereement 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 aereement 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. The 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 $25,000, for work directed by the City. 4. Payment. The Consult {tnt 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. Agreement for Professional Services Page I of 5 C07 -29 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 Clem: Phone Number: (509)921 -1000 Address: 11707 Fast Sprague Ave, Suite 106 Spokane Valley, WA 99206 Name: Dennis Fuller, President Phone Number: (509) 838 -3810 Address: 1825 N, Hutchinson Road, 2id Floor Spokane Valley, WA 99212 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. 'rhe 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 litrbilit.y 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 Scone. of Insurance. Consultant shall obtain insurance of the types described below: I. Automobile Liabtliry 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, Agreement for i'rofessional Services Pa-0 c 2 of 5 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 policyaggregate Iimit, 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: 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 Cite. D. Acceptability of Insurers. insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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 (tie 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 Agreement for Professional Services Pan 3 of 5 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. Each party shall defend, indemnify and hold the other, 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 any negligent acts, errors or omissions on the part of said party or its agents, employees or volunteers in performance of this agreement.. 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 rnay, 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 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 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, fiivor, 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. Agreement for Professional Services Page 4 of 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. Fee schedule 3. Insurance Certificates INN WI NESr WHEREOF, the parties have executed this agreement this _ day of VY) �C� _ , 2007. CITY OF SPOKANE VALLEY: Consulta David Mercier, anager resident Tax ID No. REDACTED ATTEST: hristine Bainbridge, City Clerk APPROVED AS TO FORM: V Office of theVCity AttorlffG 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 City of Spokane Valley Plan Review Seivices Scope of Work General: The Consultant will provide plan review services to the City of Spokane Valley. These will include review of engineering plans for new residential and commercial developments or improvements to existing developments. Plan review services will include but not be limited to the following tasks: 1. The Consultant will review road and drainage plans for conformance with City of Spokane Valley standards. Review will include roadway design, stormwater conveyance and disposal, erosions and sediment control plans, and compliance with generally acceptable engineering procedures. 2. The Consultant will prepare and provide written comments regarding submitted plans. Comments will be provided in both electronic format and hardeopy. 3. At the City's request the Consultant will provide input and recommendations for; a. unique development issues, b. preparation of pre - application comments. 4. If requested the Consultant will provide site Ngisits to development sites, construction inspectiontobservation of new improvements. 5. At the City's request the consultant will provide training or attend in -house training sessions with city staff. 6. The Consultant will review and comment on preliminary and final plats, binding site plans, or other development submittals at the City's request. All services provided under this contract will be done under the direct supervision of a Professional engineer licensed in the State of Washington. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Plan Review Services Fee Schedule" contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. 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. ACORD. CERTIFI 17 "'TE � OF LIABILITY INSI, -'ANCE DATE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR 03/15/2007 PRODUCER - POLICY I <UA18ER THIS CERTIFI CAT z'•,;r�SSLIED AS A MATTER OF INFORMATION Hilb Rogal & Hobbs LIMITS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CALK #OD36842 503 972 ( -1977 GENERAL LIABILITY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 08/01/06 08/01/07 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5100 SW Macadam Avenue, Suite 270 TC01AMERCIAL GENERAL LIABILITY CLAI161S 61ADE F] OCCUR Portland, OR 97239 INSURERS AFFORDING COVERAGE NAIC N ENSURED ME-0 EXP (Airy come Person) INSURER A: Hartford Casualty Insurance Company 29424 CENTURY WEST ENGINEERING CORPORATION INSURER P: TWIN CITY FIRE INS CO 29459 6650 SW REDWOOD LANE #350 INSURER c: Lexington Insurance Company 19437 PORTLAND, OR 97224 GENERALAGOREGATE INSURER D; HARTFORD UNDERWRITERS INS CO 30104 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. ROTV41THSTANDING ANY REQUIREMENT. TERIA 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. LTR NSR TYPE OF INSURANCE POLICY I <UA18ER POLICY EFFECTIVE DATE M6VD POLICY F.XPIRATIDIN D M LIMITS A GENERAL LIABILITY 52SBAPR2754 08/01/06 08/01/07 EACH OCCURRENCE $1,000,000 TC01AMERCIAL GENERAL LIABILITY CLAI161S 61ADE F] OCCUR DAIAAGF Loa' % S300,000 ME-0 EXP (Airy come Person) $10,000 PERSONAL L ADV INJURY S11,000.000 GENERALAGOREGATE s2,000.000 GENT AGGREGATE MOT APPLIES PER: PRODUCTS . ODI LPIOP AGG $2,000,000 POLICY JPICar 7 LOC D AUTOMOBILEUABIUIrY X ANY AUTO 52UECUM6899 08/01/06 08/01/07 COAIBINED SINGLE LIIAIT' (Ea attldant) $1,000,000 SOL)1LYINJURY (Per persoN S .AIA. O'NNEO AUTOS SCHEDULED AUTOS BODOLYINJURY IF& aoddeml S X MRED AUTOS X NON - CONNED AUTOS PROPERTY DAMAGE (Pei academl $ GARAGE LIABILITY A.UTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR E1 CL0.1N:5 MADE AGGREGATE $ 5 S DEDUCTIBLE: 5 REYENrMN S B WORKERS COMPENSATION AND 52WECN09327 10/01/06 10/01/07 1NSTAT TCU IL EMPLOYERS' LIABILITY ANY PROPFII _vroPLIPAFiTNERiE,XECVTIVE E.L. EACH ACCIDENT 5500 000 E,L DISEASE - EA. EMPLOY S500,000 OFFICENMEAIBER EXCLUDED? II ! deettfliO ertdm S�ECIAL PROVi5106:> Ne1nw E.L. DISEASE - POUCY UTATI S500 000 C OTHER Professional 1156411 04/15/06 04/15/07 $1,000,000 Limit $50,000 Deductible DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES t EXCLUSIONS ADDED BY ENDORSEUENT /SPECIAL PROVISIONS Re: All operations Certificate holder is included as additional insured with respects to general liability as required by written contract subject to policy terms conditions and exclusions. 10 days notice of cancellation applies for non payment of premium. g-trE I H-H..A I t City of Spokane Valley 11707 East Sprague Avenue Ste 106 Spokane, WA 99206 IOULD ANY OF THE ABOVE DESCRIBED POLICIES K CANCELLED BEFORE THE EXPIRATION 4TE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1Q DAYS WRITTEN MC E TO THE CER71MATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ATIVE ACORD 25 (2001/08) 1 Of 2 #M238015 4MVAN 0 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 25-S (2001108) 2 of 2 #M238015