Loading...
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. Filter to refine name and address results Employer Name: .................... ...._ ........ _ -- City: ........ _..-.......... ............._.._...................... ......... _ ..... ....... ......... - ...._..... .__....... _ .... ........__.._... Zip Code: i ....... _ ....... ... _ ....... _ ........................... Show All Names U << Previous Next >> Employer Name Street Address City State Zip TRINDERA ENGINEERING INC 1875 N LAKEWOOD DR COEUR D ALENE ID 838144928 STE 201 1 of 1 6/7/20113:23 PM