07-104.00 David Evans & Associates: 2008 Survey Services•
AG REEMENTFORP1OFE SSIONAL SERVICES
David Evans :rod Associates, Inc.
2008 Survey Servicu
•
THIS AGREEMENT is made by and between the City o Spo kane Valley, u i u( : City of 1.heSlate0 f
Washington, Hereinafter "C;ity °' and S hereinafler "Co nsuIWTi(,` jointly referred 10.rS "parties -"
IN CON SlD EM. TiON of the. terms gad conditions contai ned herein the parties agree. as follows:
1. Work to Be Performed. The Consultant will 1)mvide all labor, servicas and material to
satisfactorily complete the sotlucloed Scope of -Services.
A. Ad ininistrat ion . The Cary Manager or designee shtolI adminisler irrod be I he priMZ1Fy
contact far CORSUIMnt. Prior to commencemenl of work, Consultant shall contact the Ciry Manager or
designee 10 review die 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, Slot } +pork
and promptly cure any failure in performance under 111 i ;jreerroent-
B. Represen rat ions. The City has relied 4ipon the qu a lificii I i o ri s of the Co IIslrltarrt in
entering i nto t is agreement. By execution of this agreement, Constollitnl represeroCS it. possesses (lie abiIity,
skill and re;ource.s necessary to perform the work tend is famili {or with all current Iaws, rules and reeuIatinns
which reasonably rehae to the Scope of Work- No substitutions of agreed upon personnel shall be made
widpOnL dic written consent of the City.
Cionstillxnl shall be rCSpbTISible for the tcclrnicA accuracy of its services and docLlments
res„Itin a therefrom, and City shall not be, responsible for discovering deficiencies therein. CO F1 S11 I I a Di. Shall
correct such deficiencies withour additional compcn&ilion except to the extent suclI �rctirnl is directly
tollribmable to deficiencies in City furnished information.
C. Modifications. The City muy modify [his aigrecment .rnrl order chances in the work
whenever necessary or advisAk. The COTJSU11 ;IT1t wild ;rcc.Cl)C r110dific8ti0nS whEll ordered in writing by the
City Manager or designee. Cbmpcns;rlion for such modifications or cHtu7ges shall be as m4itually agreed
heCWeerr tltc p;rrties- The Consultant shall make such revisions in the work o tore necessary to wi -Fed. errors or
Oinissions appe;orinG therein when required to do so by the Ciry wirhouI additional compenSation,
- Tcrm._nf Contract. This {t¢ eemenI shall be i n CtoII fbrQ: ii ad effect upon execution Ind shall
rem uin in effect until bees+: mbc:r 3I ", 2008-
E i I her party Mil 1Crnlin.ile this �rgrecmciit by ten days written notice to the other ptorty. In 1 he
event of Such tcrminrrtirnl, the City shall pay the Consultant For all }Fork preViO LISly antl7Ori?cd and
satisfactorily performed prior to [he termination door ,-
3- Compensation. The Chy agrees to pay the Coiistoltant on a time rind materi;lls basis in
uccordlgoce with the attached scope and fee schedule as full cornpensalion for everything dooie under this
iigreemeoot, not io excccdl 6[.. _ },000-
4. 11corment. The C OFISU IIzi I1t. shall be ]),iiId month Iy +upon presen rat ion of an i notice to the City.
Applications for pay meat shall be sent to the C —kty Clerlc ;ti the below stated rrddress-
AUNUmcnt fur Fro FcssionaI Services I'agc I.of
C07 -104
• •
The City reserves, the right to withhold payment under this agreement which is determine(.] in (lie
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: Richard Waltrip
Phone Number: (509)921 -1.000 Phone Number: (509) 327 -8697
Address: 11.707 East Sprague Ave, Suite 106 Address: 908 N. Howard Suite 300
Spokane Valley, WA 99206 Spokane, WA 99201
6. Applicable Laws rind St ;rndards. 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
service., 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 tinder this agreement and any
liability that may attach thereto.
S. Ownership of Documents. All drawings, plans, specifications, and other related documents
prepared by the Consultant under this agreement are and shrill be (lie property of the City, and may be subject
to disclosure pursuant to RC«' 42.56 or other applicable public record laws.
9. Records. The City or State Auditor or any of their representatives shall have full ;recess 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 fora period of three years from (lie 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 ].,imitation. Consultant's maintenance of insurance as required by the agrreeruent 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 1 iabiliry 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
0 0
the policy shall be endorsed to provide contractual liability coverage.
2. Conimercial 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.
Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance
limits:
1. AtrtomobileLiability insurance with a mininwm combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial Ceiteral 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. Cancellation of Consultant's insurance shall be governed by either:
a. the policy shall be endorsed to state that coverage shal I 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 Ufa cancellation.
U. Acceptability of Insurers. .Insurance is to be placed with insurers with a curl-ent A.M.
Best rating of not less than ANII.
E. 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
the Consultant returns the signed contract. The certificate shall specify all of the parties who
are additional insureds, anal will include applicable policy endorsements, and the deduction or
Agreement for Professiomol Services Page 3 of 5
i14
0 0
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. Wiiver. 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 anytime 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. AssiLnrnenl 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. Subcontract`s. Except as otherwise provided herein, the Consultant shall not enter into
subcontracts for any of the work contemplated wider this agreement without obtaining prior written approval of
the City.
1.5. Confidentiality. Consultant may, from time to time., receive information which is deerned 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. .iur•isdiction 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 arnount paid under this agreement.
LS. Entire Agreement. This written agreement constitutes the entire and cornplcte agreement
between the parties and superccdes 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 services
2. Insurance Certificates
IN WITNESS WHEREOF, the parties have executed this agreement this day of
c_elvv-1 I2-e r , 2007.
CUX OF SPOKANE VALLEY:
l�
Dav' rcier, Ny Manager
ATTEST:
Christine Bainbridge, City Clerk
Consultant: tt .11
- 9varier �rssoccc�( -�
Tax ID No. REDACTFD
APPROVED AS TO FORM:
� "%�64y
Office of e City i#Wney
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
9 0
Scope of Services
Consultant will review final short and long subdivision plats, binding site plans and boundary
line adjustrnents submitted by the C'omniunity DeveIopment 1)epartrnent; fur accuracy and
completeness. The following items w i I I be reviewed.
a) Plat Ccrtificatfs
h) Legal Descriptions
[ Survey data and boundary line closure
d) Devek)prrment Engineering conditions Of approval and plat language
c) Rights -of -way
i) Easements
g Right -of -way and casement dedications
Final short and long p[at rcviews sliall be returned to the Departnient of Co mmunity
Development within ten (1.0) working days or as requested by City) with a list of corrections,
inconsistencies and omissions. Such corrections, inconsistencies and omissions and comments
sh iII ASO be noLe[l in red on the plaL document.
2. :PeriOdiCally, C0T1SulLflnt may be asked by Development Engineering to review other documents
or perform other tasks, A. doziled scope of services detailing the requested work may be
required and submitted as an addendiprn to tk, scope Of services described above.
3. Consultant will review the cuerent. Uniform Development Code, provide review comments and
make recommendations far rev isians to the code_
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled "Standard 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.
�.. A CORD, NPIPE
PFVDDLI
Roll Risk Services, Inc. Df Oregon
1211 S.W. 5th Avenue
suite 600
porrland OR 87204 -3799 LISA
24 -9700 FAR-
11411ruD
David Evans and Associates,Inc
3210 $W Upper Terrace Drive #2DO
Bend OR 97702 USA
DATE
= CERTMJL :ATE LS ISSIiFdk AS A MATTER OF R%TORMAkT30N 0'%'L1'
AND C'ONAJtS NORI6HTS UPON TH114 CEbtIVIC -►Tl HDLDER. TMS
CERTIf7CATE DOES NOT AAIENIM, F.7C'iF.PfI1 OR ALTER THE
COVKRAG1E ARE ORDIED BY TUT POLICCES NEIDW.
INSURERS AWORDFNC COIFERAGE
hAIC Iff
rrcSLRMA: LeicinSan Insurarte C0 Mpzrly
394 J
L,# MUMB! Travelers Property CP-5 Co Of vneriCa
25674
K
Fk
m
MNSUF&R C:
op ANY K[ Ir DLWONTw--NWLW3 L17'SACTNPSORFMRSENMATIVES.
II+r ;UREK P'
6
UM KU= CWINSURANCEL7"IEDDRAWKXvrV BRpgLSSmTO= uISURHPNAwmABOwEFM ]RTMF- POLICY PMODINDICA710 NOTWIMSTANUMO
ANY REQUMENIENT, TPA4d OR CONDTCION CIF AMY CCIN FACT OR QTkL:M DCCUMLN F'hPM RESPECT To wjECH T'He5 CERTLgCATE UAY BE ISSUED OA MAY
YFRTAIN. TM INSURANC6AFFORDED BY THE A]LCM DES15Li9ED Hl—= ' IS SURMC -r TO ALL'11HETERMMS, EXCLUSIONS AND CCNDFTTONS OF SUCH POUCIF ,
ACP 3&9Ct&TE LDHM SHOWN MAY HAVE BEEN REDUCED I Y PAID CLAD6
l i1:SR roue 1 TR f E`O].ILYATTQH
4 T4'F[4PfY5LIk+4YCE FOUM.I'2r4X1el7t LAWAnKD DA7E�[+VhwmyV)
Limm
r�- wFauLUarMm' 634276Dim 32/01/012 /01/O4 rN srxaC_mA si.000'mo
CONDERCIALC[KOLALUALTL ry
cLmDa mmys M fl41.917L
SSap Cap viability
9
GENT.AuuEzoaATELL%irrAS• wUYM
p6LICY x l PRA El LOC
J } F.Cf
ANY AU1L
ALL GWE►AUTO5
S0 mn R m ALFIV S
FUZED ALRCS
NDr{numm AUTVS
cum Deductible - %,.000
Coll oedurdble - 51.0W
Am AU70
oumm E7 CL.46}Limme
DRD11€7MEE
L )AMAGE TO RYTTID I 5104 ,O0*
?RBFFRtY D+�.M *G�
lP�r `ed!_ao}
kM 41ALY - FLA AVI[ -NY
pTKFMTH,kh EAkflC'
ALMONLY'
wo
mCH omm -KREWx
wakt:FJd ConLPLNEATTON AHD F
U41PLOYFJW rJA orrm' 2.L. EACH AMLW;F+F
ANYPROPR1LTt3R}PkRTKF,R0FXrj-0L VF
0FF3CFjt&u -mM=R Fx(:k.ift>11 7 FL. Dr5F,53E-EA F. p]4V M
I(Fek d1-rF. uuda 5PD7LLL PRQM5IVNS f,.1, DIMAKIE -n dCY 1aMrr
A i156E53 22/01 {07 1 040 51,04'J,ODD
OTHER 51}CCductible S7$p,00O
archirkrg vrvf
oTSELY11ON LV GPERATIA MZCAn0h! V}7i1 SIONS ADD613AY PROV131ONS
Re: Survey Review Services_ The City of 5pDkane valley is included as additional insured. Insurance is Primary and
rtoq- Contributory.
City of
Spokane valley
DIOLLP ATCV 0F7HE,tRUVEMCIR I)FU-r�fRSBECr.NLF11F 3M%ErFMEXPL%ATION
MUONAL C XVV B'=y
31,4RJO,U04 ,�-i
DATA no;EW.TMrssvp+G IA.91nFAWELr•'"Q - ,oi°_,^�' nua
30 VATSWkCIT8NNRT= TVTHL {VWy}cA- 6IKKzLERKAMMTO9T16LEFTL
13707 E
Spra LIM? Avenue 111.06
GENERAL AC4UC..ATE
Fk
spokane
WA 9206 USA
op ANY K[ Ir DLWONTw--NWLW3 L17'SACTNPSORFMRSENMATIVES.
AtM40RIFnDLtEKUWFATIVE 'J •.••'• -
n
mmyuclz- {xJmm?P.OG
SZ,006,ODO
C5
O
u-.
81U226D1076
]?.{01f07
12/101/08
c5o4 R;FD5R;G4kurdlT
ff. .abar)
31,OOQ,UQ4
aaan -y I7F1[1RY
�
t
DO'DRY Rlk' LY
{]+e v-mdmtj
?RBFFRtY D+�.M *G�
lP�r `ed!_ao}
kM 41ALY - FLA AVI[ -NY
pTKFMTH,kh EAkflC'
ALMONLY'
wo
mCH omm -KREWx
wakt:FJd ConLPLNEATTON AHD F
U41PLOYFJW rJA orrm' 2.L. EACH AMLW;F+F
ANYPROPR1LTt3R}PkRTKF,R0FXrj-0L VF
0FF3CFjt&u -mM=R Fx(:k.ift>11 7 FL. Dr5F,53E-EA F. p]4V M
I(Fek d1-rF. uuda 5PD7LLL PRQM5IVNS f,.1, DIMAKIE -n dCY 1aMrr
A i156E53 22/01 {07 1 040 51,04'J,ODD
OTHER 51}CCductible S7$p,00O
archirkrg vrvf
oTSELY11ON LV GPERATIA MZCAn0h! V}7i1 SIONS ADD613AY PROV131ONS
Re: Survey Review Services_ The City of 5pDkane valley is included as additional insured. Insurance is Primary and
rtoq- Contributory.
City of
Spokane valley
DIOLLP ATCV 0F7HE,tRUVEMCIR I)FU-r�fRSBECr.NLF11F 3M%ErFMEXPL%ATION
Attn: Christine RaiiibrW9 e, [zty Clerk
DATA no;EW.TMrssvp+G IA.91nFAWELr•'"Q - ,oi°_,^�' nua
30 VATSWkCIT8NNRT= TVTHL {VWy}cA- 6IKKzLERKAMMTO9T16LEFTL
13707 E
Spra LIM? Avenue 111.06
Sir?rAp 70CS15oSHALLIWOSEN40BIJGk 17oNORUAMUT'
Fk
spokane
WA 9206 USA
op ANY K[ Ir DLWONTw--NWLW3 L17'SACTNPSORFMRSENMATIVES.
AtM40RIFnDLtEKUWFATIVE 'J •.••'• -
CONTRACT TOPIC:
CITY OF SPOKANE VALLEY
CONTRACT AUTHORIZATION
Submitting Dept: Community Development
Date: Date: December 10, 2007
Budget Account No: 001.058.058.558.60.41.05
Agreement for professional survey services related for the review of land actions and the Uniform
Development Code.
CONTRACT BACKGROUND:
The review of survey data and dedication language for final and short subdivision plats prior to
recordation is necessary to preserve the integrity of property records. This review includes plat
certificates, legal descriptions, survey data and boundary line closures, Development
Engineering conditions of approvals, rights -of -way, easements and right -of -way and easement
dedications. David Evans and Associates provided these services in a previous contract
executed in April 2007. We have expended the original contract amount of $30,000.
To continue these services, we selected three firms from the consultant roster and reviewed
their qualifications. Those firms were Century West, DEA, and HDR. After a thorough review of
their submittals, we determined that DEA continues to by the best qualified firm for the following
reasons:
• Familiarity with the City projects and process
• Staff has extensive review experience
i In -house surveying services
• Ability to continue services with no start up delays
• Needed to continue review of the recently adopted Uniform Development Code
and provide recommended language changes
This is a time and material agreement for Professional Services in an amount not to exceed
$60,000. Of this amount, $10,000 is necessary to complete reviews for the month of December
as well as provide continuing work on revisions for the UDC. We estimate that the remaining
$50,000 is necessary for survey review for fiscal year 2008. $30,000 is currently budgeted. We
have - worked with Finance and funds are available for the additional $30,000. a
munity Development
;lament
/I(---
City Ma'nfiger
n e ��_iz•07
Legal
City Clerk
DISTRIBUTION:
Submitting Department
Acoounting
Vendor
Finance
Cr�szq 5 -