Loading...
07-073.00 Studio Cascade: Sprague Appleway Subarea Plan1 AGREEMENT FOR PROFESSIONAL E CE$ n "gue {Aplileway Suharea Pion Studio Cascade, Inc. THIS A URE SME T is made by and bctween the Miry of Spokane Malley, a code City ofthe S MW of Was,hington, hereinafter "City" and Studio Cascade, Inc -, hereinafter ` °Consulmnt." jointly referred to as "parties -" IN CDIdSIDERATfON of the terms and conditions contained herein the- parties $oree 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. Administradon- The City Manager or designee shall adm inister 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- 13. J_epregentations. The City has relied upon the qualifications of the Consultant in entering into th is 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- Nlo 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 henever necessary or advisable. The Con su It ant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such moditcations or changes shall be as mutually reed between the parties, The Con sultannt shall make such revisions in the work as are necessary to correct errors or omissions appearing therein wren requu -ed to do so by the City without additional compensation. 2. Term of Contnict. This agreement shall be in .full force and effect upon execution and shall remain in effect until aomplition of all contractual requirements have been met. Either parry may terminate this agreement by ten days written notice to the other party. Ln the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily perfonned prior to the termination elate, 3. Compensation. The City agrees to pa }' the Consultant $1,000 as full compensation for everything done under this agreement, as describer{ in the attached Scope of Work, 4. Payment. The Consultant shall be paid monthly upon presentation of an invoice to the City - A.ppl ications for payment shall be sent to the City Clerk at the below stated address; Agreement for Professia nal Services Page 1 of 5 07 -73 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: William Grimes, Principal Phone Number: (509)921 -1000 Phone Number: (509) 835 -3770 Address: 11707 East Sprague Ave, Suite 106 Address. 114 W. Pack, Suite 200 Spokane Valley, WA 99206 Spokane, WA 99201 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 its 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 ofthe City, and maybe 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: 1. 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, Agreement for Professional Services Page 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: - -- — 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of S 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 S1,000,000 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. Cancellation of Consultant's insurance shall be governed by either: a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City, or b. the Consultant shall provide at least 30 days prior written notice by certified mail, return receipt requested of a cancellation. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than AND. E. Evidence of Covernae. As evidence of the insurance coverages required by this 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, and the deduction or Agreement for Professional Services Page 3 of 5 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. The 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 in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the 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 Dclegation. 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 Attornev'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, Agreement for Professional Services Page 4 of 5 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 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 Work 2. Insurance Certificates IN WITNESS WHEREOF, the parties have executed this agreement this 2007. TY OF SPOKANE VALLEY: (:�c David Mercier, City Manager • ATTEST/) APPROVED AS TO FORM: LChristine Bainbridge, ity Clerk Offic f the Ci 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 day of Attachment 1. Scope of Services For the City of Spokane Valley In support of its efforts to adopt the Sprague /Appleway Corridor Subarea Plan Studio Cascade, Inc proposes to execute elements of the following scope of services as directed by the City of Spokane Valley as part of the City's efforts to engage the community in the review and adoption of the Sprague /Appleway Corridor Subarea Plan. The City has obtained an administrative draft of the plan and will coordinate with its consultants to revise the plan and prepare it for planning commission and City Council review. Studio Cascade's role in this effort will be to assist the City in its public outreach for this upcoming process employing a variety of tasks and to perform other subarea - related tasks as directed by the City. Performance of the public outreach effort and other related tasks shall not exceed a budget of $12,000 unless this scope is amended by mutual agreement. Specific public outreach activities may include: Web site maintenance — SCI will continue to maintain the project Web site and update it with current information as the process starts up and makes its way through to final adoption. Meeting attendance — SCI will attend staff and public meetings as requested by the City and will help facilitate as necessary in support of the other consultants' work. Community presentations — SCI will develop a presentation package for delivery to smaller community groups in a variety of settings, presenting the material to the community and/or coordinating with City staff for them to present. Notification — SCI will coordinate with the City to identify, develop, and produce appropriate public notification materials, including mailings, informational flyers, display ads and other materials as requested by the City. :ter 9/6/2007 Timer 11120 AM Toe 0 9.8353763 Page: 002 ACORDM CER II ..=ICATE OF LIABILITY INSURANCE _ l0/24�2006 PRODUCER (509) 325 -3024 FAX (509) 325 -1803 THIS CERTIFICATE IS 15SUED AS k MATTER OF INFORMATION Moloney, O'Neill, Corkery '& Jones, Inc. ONLY AND CONFERS JO RIGHTS UPON THE CERTIFICATE 1206 N Lincoln Suite #200 HOLDER. THIS CERTIFICATE DOE1 NOT AMEND, EXTEND OR ALTER THE COVERAC. E AFFORDED BY THE POLICIES BELOW. Spokane, VIA 99201 INSURERS AFFORDING :OVERAGE NAIC # INSURED Studio Cascade, Inc. - - clSURMA: Ohio Casualty Insurance Co 114 W Pacific Ave # 200 114SlRER0: Spokane, WA 99201 14SLAERC INSURER O INSURER E: — rn11CO Ar_CC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE FDLICY PERIO.) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHI ;H THIS CERI IFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEEMS, EXCLUSI DNS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' TYPE OF WSURANCE POLICY NUMBER POLICY EFFECTIVE MM POLICY EXP{ii ITI01! DA MM LIMITS BUT FAILURE TO MAIL SUCH POTICE SHALL W- 1OS&NO OBLIGATION ORLIABILITY 11,707 East Sprague #106 GEMERALLIABILm 53155881 11/26/2006 11/26/21)07 EACH 1,000,000 Tim Warner /01B ��� / II,A LC/c�cxtES_r �( COMNERCWL GENERAL UABLITY CLAI.NSMADE rfOCCUR - DAMAGI TOFENTED Im occrr"ntal I 100 000 1 MEDEA)I�An,cneperson: I 10,000 A PERSCc. AL u IDV GIJIJRY 1 1,000,000 GENER4: A.GGREGAT= 1 2,000 00 C-ENL AGGPEGA.TE Ulfir APPLIES PER PROCIUC TS - (IOl.PQP AXI 1 2,000,000 POLICY 17 PP.O ,EOT LOC — AUTOMOBILE LIABILITY ANrALrro 53155881 11/26/2006 11/26/2)07 C%ISINI:DStk LELU'II Ilia occic em} S 1,000,000 _ BOCtLY I MR, r- ; Per p" ant S A ALL 010016C) A,Uros SCHECULED AdlT06 HX — BbDILt'O1Jl1R ^' (Per.rllem) � HIRED AUTOS X NC"AWEDAUTOS PROPEF N D MAGE (Pot r!ooi 10141 1 GARAGE LIABILITY AUTO 01 LY- E A ACCUBIT 3 OTH = _ RTH _A .4G•.' oN 3 AM AUTO _ AUTO N LT AUK. S EXCESSIUMBRELLA LIABILITY EACH O"CURR; "ENCE S OCCUR F CLANIS WOE AGGRE(A.TE S S DEDUC II&E b RETENT01 S A *0W*) G \)i KaUxxx; Ew.- ROERIETOR CITY AN�PRCPRET(NtPARTAERIEXECIriiVE 5 315 S 881 11/26/2006 11/26/2-)07 ti'r sT ru or, t y 3YJ.2' 1 !_ R EL EAC -I AC1:DENT 1 1,000 00 ' } E L. DFA ASE. EA. E ?. W r£E 1 1,000,000 CFFICERA.t=bB'cR EXCLUDED? 1 11' *s, NLSC"e u10ar SPECIAL PROYs ZMS below — E L. LYrE ASE F LILY UhTT i 13000,000 OTHER DESCRO T1UN OF OPERATIORS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTJ SPECIAL PROVISIONS Evidence of Insurance r COTICIr ATC Ur%1 nCO !`AWIM I ATIn \I ACORD 25 (2401108) © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE I IESCRISED POLICIES 3E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, "HE ISSUING INS JRER WALL END'EAVDR TO MAIL City of Spokane Valley _ESL DAYS WRITTEN N01Y E TO THE CERTI'ICA1E HOLDER NA.IIED TO THE LEFT. Attn: Christine Bainbridge BUT FAILURE TO MAIL SUCH POTICE SHALL W- 1OS&NO OBLIGATION ORLIABILITY 11,707 East Sprague #106 OFANYKINDUPON THE INSUICER , ITS AGENTS 50RREPRESENTATIVES. Spokane Valley, WA 99206 AUTHORIZED REPRESEWAnVE Tim Warner /01B ��� / II,A LC/c�cxtES_r ACORD 25 (2401108) © ACORD CORPORATION 1988 ACO,4Dr„ OF = ILITY INSURA Dalo,hllAasraro7` PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Leatzow Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2301 W. 22nd Street Suite 208 ALTER THE COVERAGE AFFORDED BY THE POLICY SELOIN. COMPANIES AFFORDING COVERAGE Oak Brook, IL 60523 COMPANY A New Hampshire Insurance Company INSURED COMPANY Studio Cascade, Inc. B COMPANY 114 W. Pacific Avenue Suite # 200 c COMPANY Spokane, WA 99201 D 'COVERAGES THIS IS TO CERTIFY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NQAEO ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREA(ENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RFSPECT TO WHICH THIS CERTIFICATE NAY 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, LIMITS SHOWN MAY HAVE BEEN :REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (M1J1DDNY) LIMITS GENERAL LIABILITY BODILY WJURY OCC S COMPREHENSIVE FORhI BODILY INJURY AGG S PRVAISES'OPERA.TIONS UNDERGROUND EXPLOSION COLLAPSE HAZARD PROPERTY DAMAGE OCC S PROPERTY OAMIACE AGO S BIRPO COMBINED OCC S PROOUCTS=PMLtrEOOPER DOES NOT APPLY 91 & PO COMBINED.AGG S CONTRACTUAL PERSONAL INJURY AGO S INDEPENDENT CONTRACTORS BROAD FORM PROPERTY OAIA4CE PERSONAL INJURY AUTOh10611LE LIABILITY BODILY INJURY IPax Peiman) S ANY AUTO ALL OWNEDAUTOS(Mvsle Pawl BODILY INJURY Pw Acodcnll ( S ALL OWNED AUTOS (Ocher than Private Passenger) DOES NOT APPLY _ PROPERTY DAMAGE S HLRED AUTOS BODILY INJURY PROPERTY DAMAGE S NON-OWN)DAUTOS GARAGE LIABILITY G COMBINED EXCESS LIABILITY EACH OCCURENCE S AGGREGATE s UMBRELI.AFORM DOES NOT APPLY OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND EMPLOYERS* LIABILITY THE PROPRIETOR! PARTNE'PR'ET R' INCL OFFICERS ARE EXCL DOES NOT APPLY I WCSTATU- TORY LIMIT IOTH ER EL EACH ACCIDENT EL DISEASE - POLK:Y LIMIT S EL DISEASE - EA EMPLOYEE S A OTHER Professional Liability 003822229 12/1/2006 12!112007 1,000,000 each claim 1,000,000 aggregate DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES !SPECIAL ITEMS Re: Planning Services HOLDER CERTIFICATE City Of Spokane Valley. SHOULD. ANY OF THE ABOVE DESCRIBEDPOI.ICIF_SBE CANCELLED BEFOM THE Attn: Christi ne•Balnbrldge EXPMATION DATE THEREOF. THE ISSUING COMbPMJY WILL ENDEAVOR TO MAIL 11707 E. Sprague Avenue 10 DAYS 'A'RilTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Suite 106 ANY KIND UPON THE COMPANY, ITS AGENTS OR RF.PRFSFNTATI ES. Spokane Valley„ WA 99206 AUTHORIZED REPRESENTATIVE LEATZOW INSURANCE ACCIRD 25-N 11/95) @ ACORD CORPORATION