11-069.00 Trindera Engineering: Argonne and Sprague Underpass StormwaterAGREEMENT FOR PROFESSIONAL SERVICES
Trindera Engineering
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the
State of Washington, hereinafter "City" and Trindera Engineering, hereinafter "Contracting Entity,"
jointly referred to as "parties."
IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows:
1. Work to Be Performed The Contracting Entity shall 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
Contracting Entity. Prior to commencement of work, Contracting Entity shall contact the City
Manager or designee to review the Scope of Services, schedule and date of completion. Upon
notice from the City Manager or designee, Contracting Entity shall commence work, perform the
requested tasks in the Scope of Services, stop work and promptly cure any failure in performance
under this Agreement.
B. Representations The City has relied upon the qualifications of the Contracting Entity in
entering into this Agreement. By execution of this Agreement, Contracting Entity 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 Services. No
substitutions of agreed -upon personnel shall be made without the prior written consent of the
City.
Contracting Entity represents that the compensation as stated in paragraph 3 is adequate and
sufficient compensation for its timely provision of all professional services required to complete
the Scope of Services under this Agreement.
Contracting Entity shall be responsible for the technical accuracy of its services and documents
resulting therefrom, and City shall not be responsible for discovering deficiencies therein.
Contracting Entity shall correct such deficiencies without additional compensation except to the
extent such action is directly attributable to deficiencies in City furnished information.
C. Standard of Care. Contracting Entity shall exercise the degree of skill and diligence normally
employed by architects, professional engineers or consultants performing the same or similar
services at the time such services are performed.
D. Modifications The City may modify this Agreement and order changes in the work whenever
necessary or advisable. The Contracting Entity 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 Contracting Entity 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 as determined by the City.
Contracting Entity shall complete its work within 30 days of execution of this Agreement, unless the time
Agreement for Professional Services
Page I of 6
for performance is extended in writing by the parties.
Either party may terminate this Agreement for material breach after providing the other party with at least
ten days' prior notice and an opportunity to cure the breach. The City may, in addition, terminate this
Agreement for any reason by ten days' written notice to the Contracting Entity. In the event of
termination without breach, the City shall pay the Contracting Entity for all work previously authorized
and satisfactorily performed prior to the termination date.
3. Compensation The City agrees to pay the Contracting Entity $1,160 as full compensation for
everything done under this Agreement. Contracting Entity shall not perform any extra, further or
additional services for which it will request additional compensation from the City without a prior written
agreement for such services and payment therefor.
4. Payment The Contracting Entity 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 Services,
City standards, City Code, and federal or state standards.
5. Notice Notice shall be given in writing as follows:
TO THE CITY
TO THE CONTRACTING ENTITY
Name: Christine Bainbridge, City Clerk Name: Terry Stulc
Phone Number: (509) 921 -1000 Phone Number: 208 - 676 -8001
Address: 11707 East Sprague Ave, Suite 106 Address: 1875 N. Lakewood Drive
Spokane Valley, WA 99206 Coeur d'Alene, ID 83814
6. Applicable Laws and Standards The parties, in the performance of this Agreement, agree to comply
with all applicable federal, state, and local laws and regulations. Contracting Entity warrants that its
designs, construction documents, and services shall confirm to all federal, state and local statutes and
regulations.
7. Relationship of the Parties It is understood, agreed and declared that the Contracting Entity shall be
an independent contractor, 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 Contracting Entity. Any and all employees
who provide services to the City under this Agreement shall be deemed employees solely of the
Contracting Entity. The Contracting Entity 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 Contracting Entity 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. The written, graphic,
mapped, photographic, or visual documents prepared by Contracting Entity under this Agreement shall,
unless otherwise provided, be deemed the property of the City. The City shall be permitted to retain these
documents, including reproducible camera -ready originals of reports, reproduction quality mylars of
maps, and copies in the form of computer files, for the City's use. The City shall have unrestricted
authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data,
Agreement for Professional Services Page 2 of 6
drawings, images or other material prepared under this Agreement, provided that the Contractor shall
have no liability for the use of the Contractor's work product outside of the scope of its intended purpose.
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 Contracting Entity's records with respect to all
matters covered in this Agreement. 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 Agreement for a period of three years from the date final payment is
made hereunder.
10. Insurance The Contracting Entity 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 Contracting Entity, its agents,
representatives, or employees.
A. Minimum Scope of Insurance Contracting Entity 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, the policy shall
be endorsed to provide contractual liability coverage.
2. Commercial general liability insurance shall be written on ISO occurrence form CG 00
O1 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 Contracting Entity'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 Contracting Entity's profession.
B. Minimum Amounts of Insurance Contracting Entity 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:
Agreement for Professional Services Page 3 of 6
1. The Contracting Entity's insurance coverage shall be primary insurance with respect to
the City. Any insurance, self - insurance, or insurance pool coverage maintained by the
City shall be excess of the Contracting Entity's insurance and shall not contribute with it.
2. Contracting Entity shall fax or send electronically in .pdf format a copy of insurer's
cancellation notice within two business days of receipt by Contracting Entity.
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. Evidence of Coverage As evidence of the insurance coverages required by this Agreement,
the Contracting Entity shall furnish acceptable insurance certificates to the City at the time the
Contracting Entity returns the signed Agreement. The certificate shall specify all of the parties
who are additional insureds, and will include applicable policy endorsements, 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 Contracting Entity shall
be financially responsible for all pertinent deductibles, self - insured retentions, and/or self -
insurance.
11. Indemnification and Hold Harmless The Contracting Entity 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, subject only to the limitations provided below:
Contracting Entity's duty to indemnify shall not apply to liability for damages arising out of bodily injury
to persons or damage to property caused by or resulting from the sole negligence of the Contracting
Entity, or its agents or employees. 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
Contracting Entity, its agents or employees, and the City, its officers, officials, employees, or volunteers,
the Contracting Entity's duty to indemnify hereunder shall be only to the extent of the Contracting
Entity's negligence. It is further specifically and expressly understood that the indemnification provided
herein constitutes the Contracting Entity's waiver of immunity under Industrial Insurance, Title 51 RCW
solely for the purposes of this indemnification. Contracting Entity's obligation to defend, indemnify and
hold the City harmless shall include, but not be limited to, the City's attorney and expert fees, court costs,
and all other claim - related expenses.
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 a 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
Agreement for Professional Services Page 4 of 6
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 Contracting Entity shall not enter into
subcontracts for any of the work contemplated under this Agreement without obtaining prior written
approval of the City.
15. Confidentiality Contracting Entity may, from time to time, receive information which is deemed by
the City to be confidential. Contracting Entity shall not disclose such information without the prior
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. Disputes
between the City and Contracting Entity shall be resolved in the Superior Court of the State of
Washington in Spokane County. Notwithstanding the foregoing, Contracting Entity agrees that it may, at
the City's request, be joined as a party in any arbitration proceeding between the City and any third party
that includes a claim or claims that arise out of, or that are related to Contracting Entity's services under
this Agreement. Contracting Entity further agrees that the Arbitrator(s) decision therein shall be final and
binding on Contracting Entity and that judgment may be entered upon it in any court having jurisdiction
thereof.
17. Cost and Attorney's Fees The prevailing party in any litigation or arbitration arising out of this
Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness
fees).
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.
20. Business Registration Prior to commencement of work under this Agreement, Contracting Entity
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
Agreement for Professional Services Page 5 of 6
y
The parties have executed this Agreement thi4) day of , 20//
CITY Oy SPOKANE VALLEY
��' Q4 1- e� All c �
94iie Jackson, ty Manager
Contracting Entity:
S 4 -tAl -
By: T-u P,? J r..
Its: Authoriz d Representative - „ppt"t F- A
Tax ID No._
ATTES APPROVED AS TO FORM:
.:d' , e
Christine Bainbridge, 6ty Clerk Office of e City Xtt
This document contains confidential tax information and
has been redacted pursuant to RCW 82.3 2.330.
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 6 of 6
Trindera Engineering 2011 — Stormwater Pump Station Gas Sensor
Scope of Work
SCOPE OF WORK :Trindera will provide engineering services to the City of Spokane
Valley (City) to help determine the following:
Argonne Railroad Underpass Stormwater Pump Station
1. Conduct site visit to verify existing conditions at the storm water pump
station and inspect combustible gas detection equipment.
2. Provide a combustible gas detection system analysis technical memo to
include the following;
a. Document existing failing combustible gas detection system purpose,
types of combustible gases that the sensor detects and detectable
ranges.
b. List of available combustible gas detection system replacement
options. An Engineer's opinion of construction cost estimate will be
provided for each replacement option.
c. An area classification analysis for the storm water pump station.
Sprague Railroad Underpass Stormwater Pump Station
1. Conduct site visit to verify existing conditions at the storm water pump
station.
2. Provide a combustible gas detection system analysis technical memo to
include the following;
a. Determine if a new combustible gas detection system is required at
the storm water pump station.
b. List of available combustible gas detection system options. An
Engineer's opinion of construction cost estimate will be provided for
each option.
c. An area classification analysis for the storm water pump station will be
provided.
Deliverables:
Two technical memorandums.
OP ID: RC
A4CC_-PN °- CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD l
05/26/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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).
PRODUCER 208459 -1678
The Hartwell Corporation - Cal
PO Box 400 208464 -1114
Caldwell, ID 83606
Jeremy Kroll
CONTACT
NAME:
PHONE _T
C No Exl : No :
M/DD/YW
PRODUCER
CUSTOMER IDs: TRIND -1
INSURER(S) AFFORDING COVERAGE
NAIL #
GENERAL LIABILITY
INSURED Trindera Engineering, Inc.
INSURER A:BeazleyInsurance Co
37540
P O Box 3148
Hayden, ID 83835
INSURER 8: Travelers Indem Co of America
25666
INSURER C: Phoenix Insurance Compan
B
INSURER D:
INSURER E
05l01111
05/01/12
INSURER F
S 1,000,00
MED EXP (APy one person)
COVERAGES CERTIFICATE NUMBER: aI= VISInN N"MCICR-
THIS IS TO CERTIFY THAT 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 PERTAN, 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.
LTR
TYPE OF INSURANCE
POLICY NUMBER
M/DD/YW
M NYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,00
B
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE FXI OCCUR
6802255L851
05l01111
05/01/12
PREMISES Es occurrence
S 1,000,00
MED EXP (APy one person)
$ 10,00
PERSONAL BADY INJURY
$ 1,000,00
GENERAL AGGREGATE
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER.
PRODUCTS- COMP(OPAGG
$ 2,000,00
POLICY PRO X LOC
S
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
(Es accident)
$ 1,000,00
ANYAUTO
BODILY INJURY (Per person)
$
ALL OWNEDAUTOS
BODILY INJUR Y(Per accident)
$
C
X
SCHEDULED AUTOS
HIREDAUTOS
BA2630L735
05/01111
05101/12
PROPERTY DAMAGE
(Per accident)
$
X
NON - OWNEDAUTOS
S
S
I
UMBRELLA LIAR
H CLAJMS-MADE
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS I"
DEDUCTIBLE
$
$
RETENTION
WORKERS COMPENSATION
WC STATU- OTH-
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETORIPARTNER /EXC-CUTiVE
OFFICER/MEMBER EXCLUDED4 r
N /A
IT R
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
S
(Mandatory In NH)
Iryes, describe under
E.L. DISEASE - POLICY LIMB
E
DESCRIPTION OF OPERATIONS below
A JProfes
Liability
15SYXIOMI
05/01/11
05/01/12
Ea. Claim 1,000,00
5,000 Deductible
I Annl
Aggr 1,000,
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Certificate holder is additional insured for general liability as provided
by policy form CGD381.
City of Spokane Valley
11707 E. Sprague Ave., #304
Spokane Valley, WA 99206
CITSP -6
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
4 1 4 1:. , 6 4_ ,
®1988 -2009 ACORD CORPORATION. All rights reserved.
ACORD 26 (2009109) The ACORD name and logo are registered marks of ACORD
DetailForm
https:// www. ewccv. com/ CVS /DetailForm.aspx ?ST= ID&T =QjCl i873...
Polic Number: 596605 Coverage/Injury/Illness Date: 06/0712011
Workers' Compensation Insurance Coverage Provider
IDAHO STATE INS FUND
Click here for claim processing information.
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TRINDERA ENGINEERING INC 1875 N LAKEWOOD DR COEUR D ALENE ID 838144928
STE 201
1 of 1 6/7/20113:23 PM