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