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08-141.00 David Randall, PE: Stormwater Analysis Design & ConstructionAGREENIENT FOR PROFESSIONAL SERVICES David Randall Stormwater Analysis, Design, and Construction Management Services Contract # 08 -035 THIS AGREEME'N'T is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and hereinafter "Consultant," jointly referred to as "parties." IN CONSIDERATIO \T 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 attached 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. 13. 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. Compensation 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 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. Either party may terminate this agreement by ten 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 for Phase 1 services $12,800.00 and for Phase 2 services $7,680 for a total fee for Phase 1 and 2 services not to exceed $20,480. Phase 3 services for construction management may be exercised at the option City of Spokane Valley for a fee not to exceed $8,240.00 under this agreement. A Management Reserve Fund in the amount of $2,872.00 is also hereby Agreement for Professional Services 08 -035 Page i of 5 C08 -141 established that may be spent on the project, if the City authorizes. A total contract amount of $31,592.00 is established as the maximum compensation for everything done under this agreement. 4. Payment. The Consultant 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 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: \Tame: Christine Bainbridge, City Clerk Name: David Randall Phone Number: (509)921 -1000 Phone Number: 509 951 7411 (Cell) Address: 11707 East Sprague Ave, Suite 106 509 245 3402 (Ph/Fax) Spokane Valley, WA 99206 Address: 521 W. Cameron Road Spangle, WA 99031 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. A.II 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. 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. Agreement for Professional Services 08 -035 Page 2 of 5 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, 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 $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: I. 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 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. Agreement for Professional Services 08 -035 Page 3 of 5 D. Acceptability of insurers. insurance is to be placed with insurers with a current A.M. Best rating of not less than A:V1I. 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, 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 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. R.CW, 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 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 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. Agreement for Professional Services 08 -035 Page 4 of 5 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, 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 in letter dated October 17, 2008 2. Insurance Certificates IN WITNESS WHEREOF, the parties have executed this agreement this day 4nL4!---c.� , 2008. CITY O SPOKANE VALLEY: Consultant: . "David Mer i r, City Manager Owner Tax ID No._ REDACTED ATTE - Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office of t City Att ey This document contains personal confidential information and has been redacted pursuant to RCW 42.56.230(3). Agreement for Professi 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. Page 5 of 5 David N. Randall, Civil Engineer 521 W. Cameron Road Spangle, Washington 99031 Ph /Fax: (509) 245 -3402 Cell: (509) 951 -7411 October 17, 2008 City of Spokane Valley 11707 East Sprague Avenue, Suite 304 Spokane Valley, Washington 99206 Attn: Aaron Clary, Stormwater Technician Re: Proposal for stormwater analysis, design of drainage improvements, and construction management services for the following locations: (1) 808 S. Herald, (2) 10604 E. 11th Avenue, (3) 1322 S. Robinhood, and (4) 9717 E. 1V, Avenue within the City of Spokane Valley. . Aaron, Thank you for meeting with me on October 3, 2008 to discuss your request regarding engineering services on the above referenced project. During our meeting and site visit, we discussed the flooding associated with each site and reviewed your file pictures and drawings. We discussed some of the results of testing that you have had performed recently on drywells located at each of the sites, and we talked about pine needle plugging of both the grates and the drywell barrels. The following Scope of Work has been prepared to address three aspects of the proposed Engineering Services on this project. The first phase of engineering services proposed is to obtain topographic survey information (limited to right -of -way surrounding each site) and to provide stormwater analysis of each of the sites noted above along with making recommendations for possible solutions. The second phase involves the preparation of construction drawings and bid documents for the construction of the approved recommendations. The third phase of Engineering Services would involve providing construction staking and management services during the construction process. The proposed Scope of Work consists of the following items: Phase 1 — Analysis and Recommendations 1. Perform research for utilities on existing sanitary sewer mapping of each site. 2. Perform a limited topographic survey within the right -of -way surrounding each of the sites. City of Spokane Valley Page 2 of 3 Proposal for Engineering Services October 17. 2008 3. Reduce the topographic survey information and prepare a base drawing far use during the stormater analysis of each site. 4. Review drywell testing results and City documentation on flooding at each site, Review City documentation regarding the condition of the existing drywells. 5. Perform an analysis of the volume and flow rates associated with the 10-yr, 25- yr. 50 -yr and I00 -yr storms in accordance with the Spokane Regional tormwater Manual for each site. 6. Make recommendations for improvements and provide an analysis c the improved condition at each site far the I0 -yr, 25 -yr, 50 -yr anti 100 -yr storms, 7. Make recommendations for on -going maintenance of the storm drainage facilities and for the maintenance of tha street system. 8. Prepare as Draft Engineering Report detailing the calculations performed and make recommendations based on the analysis performed on the items listed above. 9. Meet with the City of Spokane Valley to review findings, recommendations and conclusions and incorporate the City's comments into a Final Report. Phase 2 — Bidding Document Preparation 1. Meet with the City of Spokane Valley to determine the best choices from the recommendations for corrective action. . Prepare drawings for the construction of the selected recommendations. . Prepare specifications and bidding documents for public bid_ 4. Facilitate during the bidding process for questions and assist the City of Spokane Valley during the award process_ Phase 3 — Construction Management Services — (at the option of the QitD 1. Lead out in a pre - construction conference, 2. Provide construction staking services for layout at each of the sites_ 3. Provide construction observation and inspection for 3 hours each day during construction of the project. 4. Coordinate with the contractor and with the City of Spokane Valley for clarification of construction issues as required. 5. Provide daily construction documentation on the progress of the work. 6. Review contractor requests for payment and prepare a recommendation for payment to be submitted to the City of Spokane Malley on a monthly basis. 7. Participate in a substantially complete walk- through of the project and prepare a punch list of items requiring correction. 8. Participate in a final walk- through of the project with the City of Spokane Valley and the contractor. 9. Perform an as -built topography survey of the oompleted work. 10, Prepare record drawings for delivery to the City of Spokane Valley based upon the as -built topography survey, the contractors redline plans and measurements recorded during construction observation site visits. City of Spokane Valley Proposal for Engineering Services October 17, 2008 Page 3 of 3 It is proposed begin work on Phase 1 upon approval of this proposal and to proceed to each of the following phases only by approval from the City of Spokane Valley. The Engineering Services Not to Exceed Fixed Fee for Phase 1 is: $12,800.00. The Engineering Services Not to Exceed Fixed Fee for Phase 2 is: $7,680.00. The Engineering Services Not to Exceed Fixed Fee for Phase 3 is: $8,240.00. It is proposed to invoice the Not to Exceed Fixed Fee for each Phase based on the percentage of completion of that Phase during each month of the design and construction processes. If you have any questions, please give me a call. I look forward to working with you on this project. Sincerely, o'�/ �2" David Randall, P.E. ACORD CERTIFICATE OF LIABILITY:INSURANCE 10 14/2 e PRODUCER (509).340- 3739FAX: (509).242 -8569 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Basin Insurance ,Associates, Inc. HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17416 .E Sprague .Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Spokane Valley WA 99016 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: St Paul Travelers INSURER B: 'David Randall, Civil Engineer INSURERC: "521 W Cameron Rd INSURER D: 1 INSURER E. Spangle WA 99031 OVERAGES 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 PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMLM SHOWN MAY HAVE BEE N REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MMMDlYY LIMAS GENERAL LIABILITY EAC QCURRENCF $ 1,000,000 DAMA MGETO RENTED MED Arc rno mon $ 300,000 A X MERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR 680-7643M727-TIC-6013 :10/15/2008 10/15/2009 S 5,000 PERSONAL AADV $• .1,000,000 NCOM GFNFRAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER MQQLMTS - COMPIOP AGG S 2,000,000 X POLICY PRO6 OC AUTOMOBILE LIABILITY ANY AUTO COUSINED SINGLE LIMIT (Ea orddenll $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY iPor IIOciJwU S HIRED AUTOS NO w AUTOS PROPERTYDAMAGE (Per amwenq S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN C S ANY AUTO S AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY S AGGREGATE S OCCUR CLAIMS MADE S S DEDUCTIBLE S RMENTION S WORKERS COMPENSATION AND EL EACH ACCIOE S EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEREXECUTIVE E.L, PI$EASM. - EA EMPLOYEE S OFFICERJMEMBER EXCLUDED? EL DIS Y LIMIT IS K yw, d=cribe under SPECIAL PROVISIONS bet .A OTHER Professional QP03813450 3/12/2008 3/12/2009 Each Claim 1,000,000 Liability Each Policy 1,000,•000 a ate DESCRIPTION OF OPERATIONS (LOCATIOKSJVEHICL.ESMXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Spokane Valley is Named as Additional Insured on the Duoiness Oanero Polley. CERTIFICATE HOLDER GANGELL.AIIUN City of Spokane Valley City Clerk, C Bainbridge 11707 E Sprague Ave #106 Spokane Valley, WA 99206 ACORD 25 (2001108) INbU,0(0106�088 V, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSR NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS AUTHORIZED REPRE$Ei (P ACORD CORPORATION 1988 'i 3 08 04:07p Darren Young State i=ami A ■ ■ ■ ■ ■ October 23, 2008 DAVID & L2SA RANDALL 521' w CAMERON RD SP.ANGLF-WA 99031 -9732 Dear Mr. Randall: buy vz4 /!1/ POLICY ?DUMBER VEHICLE 70 3154- 322 -47C 1985 Toyota CT4RN6109F5083470 We have received vour request for verification of insurance on the above automobile policy(s). Our recozds reflect that State Farm -10 Provided automobile insurance coverace as follows: POLICY NUMBERS) VEHICLES) BEGINNING ENDING 70 3154 -B22 -47C 1955 Toyota 02 -22 -2005 Currept Coverages: A ;000/1000/1000 Pl 1l U 1000/1000 U1 7000 Liability- 1 MI.LLICN DOLLARS for total bodily injtuxy aggregate I MILLION DCLLARS for total bodily injury per occurrence 2 MILL-TON DOLLARS for total property damage Personal. Injur"j Pzotection: $10,000 Emergency.Road Service Uninsured IN1otorist Coverage: 1 MI LLICN DOLLARS for total bodily injury aggregate 1 MILLION DOLLARS for total bodily injury per occurrence 1 111ILLION DOLLARS for• total property damage Additional Insured: CITY O F S POKAN E VALLEY CITY CLERK CHRISTINE BAI.NBRIDGE 11707 E SPRAGUE SUITE 106 SPOKANE VALLEY, RA. 99206 This letter deer not reflect periods of time out of force or coverage- suspensions. T` you need any further inforna_ior, please contact this office or your State Farm Agent. Sincerely, Underwriting Department State Farm Mutual Automobile Insuzance Company cc: Darren Young Ph. (509) 624 -7390 47 -94AC