10-190.00 Benthin & Assoc: On Call Land Surveying [0-ND
AGREEMENT FOR PROFESSIONAL SERVICES
Dale&Dale,LLC dba Benthin&Associates
On-Call Professional Land Surveying Services
Public Works Contract No. 10-027
THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of
Washington, hereinafter "City" and Benthin & Associates hereinafter "Consultant,"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 Consultant will provide all labor, services and material to
satisfactorily complete work listed under the attached Exhibit A-1 Scope of Work. Assignment and payment
for the work shall be made in accordance with the attached Exhibit A-2 Task Order Agreement.
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.
B. 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,under Task Orders authorized
prior to December 31,2011.
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 on a time and material basis,not to
Agreement for Professional Services Page 1 of 5
exceed$100,000.00,at the time and material rates shown in Exhibit A-3,Benthin&Associates 2010 Hourly
Minimum Fee Schedule,for Professional Surveying Services as assigned by individual Task Order Documents.
The Consultant shall not start work until a Task Order Document authorizing payment has been executed by
the City.
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 Consultant shall list
on each invoice the following information:
City Task Order No and CJP Project N
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.
5. Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THE CONSULTANT:
Name: Christine Bainbridge,City Clerk Name:Walter O.Dale,PLS
Phone Number:(509)921-1000 Phone Number: (509)325-4529
Address: 11707 East Sprague Ave, Suite 106 Address: 1004 North Atlantic St.
Spokane Valley,WA 99206 Spokane,WA 99201
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. All 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.
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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.
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$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.
2. 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
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•
b. the Consultant shall provide at least 30 days prior written notice by
certified mail,return receipt requested of a cancellation.
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
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
fmancially responsible for all pertinent deductibles, self-insured retentions, and/or self-
insurance.
11. Indemnification and Hold Harmless. The Consultant shall defend,indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims, injuries,damages,
losses or suits including attorney fees,arising out of or in connection with the performance of this agreement,
except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4,24,115,
then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City,its officers,officials,employees,
and volunteers,the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance. Title 51 RCW,solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of the agreement.
12. 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
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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.
Venue shall be in Spokane County,State of Washington.
17. Cost and Attornev'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,ConsuItant's attorney fees payable by the City shall not .
exceed the total sum amount paid under this agreement.
18. 5ntire 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.Exhibit A-I Scope of Work,
2.Exhibit A-2 Task Order Agreement
3,Exhibit A-3 2010 Hourly Minimum Fee Schedule
4.Insurance Certificates I
WITNESS WHEREOF,the parties have executed this agreement this v °j7� day of
94,47
,2010.
57 OKANE VALLEY: Consults , r 7,- ' '
City Manag Owner,Walter O. ale,PLS
Tax ID No. 20-0692225
ATTES 7 APPROVED AS TO FORM:
. , / , (-).....-?)
Christine Bainbridge,City Cler v,„ Office of City Attorney
Agreement for Professional Services Page 5 of 5
Exhibit A-1,Scope of Work
On-Call Surveying Services Contract 10-027
Under the Contract the Consultant may do any of the following work:
• Perform Topographic Data Collection and Mapping.
• Perform Construction Staking as directed with specified documentation.
• Perform Quality Control Checking and prepare Reports of Results for projects as directed.
• Perform As-Built Data Acquisition and Prepare Mapping or Reports.
• Perform Monument Preservation Tasks and Prepare appropriate DNR Permits.
• Perform Boundary Surveys related to Land Acquisition and Prepare Mapping.
• Prepare and or Review Legal Descriptions for Right of Way Acquisition,Easements or other
activities requiring Parcel or Use descriptions.
• Provide Consulting Services for Professional Land Surveying and Land Use Planning.
• Provide Principal Professional Land Surveyor Review as needed.
• Invoicing for services will be done monthly or as needed using the attached Hourly Fee Schedule.
Work will be assigned and paid under Task Order Agreements per Exhibit A-2.
Exhibit A-2
(Task Order Agreement)
Spokane Valley Public Works Contract No: 10-027
Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will
be individually negotiated with the CONSULTANT. The amount established for each assignment will be
the maximum amount payable for that assignment unless modified in writing by the CITY OF SPOKANE
VALLEY(CITY). The CITY is not obligated to assign any specific number of tasks to the
CONSULTANT,and the CITY'S and CONSULTANT'S obligations hereunder are limited to tasks
assigned in writing. Task assignments may include but are not limited to,the following types of work:
A. Task to be Assigned
B. Task to be Assigned
C. Task to be Assigned
D. Task to be Assigned
E. Task to be Assigned
F. Task to be Assigned
Task assignments made by the CITY shall be issued in writing by a Formal Task Assignment Document.
An assignment shall become effective when a formal Task Assignment Document is signed by the
CONSULTANT and the CITY.
ENTHIN & ASSOCIATES DALE
WALTER O.DALE SCOTT A.DALE
PRESIDENT PROFESSIONAL LAND SURVEYING AND PLANNING OP�E SECRETARY
1004 NORTH ATLANTIC STREET•SPOKANE,WA.99201-2209
(509)325-4529•(FAx)325-4520•SURVEY@GPS-SURVEYOR.COM
January 30, 2010 E.•(--I IS IT ' r
5vPw 1-R'tr -f t0 - ) "1
2010
HOURLY MINIMUM FEE SCHEDULE
FOR
SURVEYING AND PLANNING SERVICES
1 PERSON SURVEY CREW $80.00
2 PERSON SURVEY CREW $155.00
3 PERSON SURVEY CREW $210.00
GPS, 1 PERSON SURVEY CREW,... $100.00
GPS, 2 PERSON SURVEY CREW, COMPLETE $200.00
PRINCIPAL SURVEYOR REVIEW $120.00
CONSULTING $90.00
TRAVEL TIME PER PERSON $60.00
COMPUTING, DRAFTING, RESEARCH
ADMINISTRATION $72.00
PLANNING SERVICES $80.00
REPRODUCTION AND SPECIAL MATERIAL ACTUAL COST
PER DIEM OUT OF SPOKANE ACTUAL COST
FILING SURVEYS: "SURVEY RECORDING ACT" $150.00
LITIGATION, COURT APPEARANCE $200.00
A CERTIFICATE OF LIABILITY INSURANCE �iWM/DO/o
PRODUCER (303)454-9562 FAX: (303)454-9564 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Assurance Risk Managers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2851 S. Parker Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 760
Aurora CO 80014 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A The Travelers Indemnity Co.
Dale & Dale, LLC, DBA: Benthin & Associates INSURER B:Traverlers Property Cas. Co.
1004 N. Atlantic St INSURERc:Beazley Insurance 37540
INSURERD:
Spokane WA 99201 INSURERS:COVERAGES
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 OISUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Sy pp TT�� PPpoLL XXPP�Rqq ttpp
(Lift NSR. TYPE OF INSURANCE POLICY NUMBER DATE(MhUD�lOYYYY) DATE'(MEP 1RAJI I LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES Ma occurrence) $ 300,000
A CLAIMS MADE X OCCUR 680-7457P29A 3/1/2010 3/1/2011 MED EXP(Any one person) $ __ 5,000
X stop-Gap Liability PERSONAL a ADV INJURY $ 2,000,000
X Property Coverage GENERAL AGGREGATE $ 4,000,000
GEN'L AGGREGATE LIMIT APPUESPER: PRODUCTS-COMP/OP AGG S 4,000,000
POLICY I^ 1118-r n LOC
AUTOMOBILE LIABILITY
SINGLE LIMIT
COMBINED
X ANY AUTO BA-7462P956-10-ORP 3/1/2010 3/1/2011
COMGINEO $ 1,000,000
B ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY
NON-OWNED AUTOS (Per accident)
------•-- -- PROPERTY DAMAGE $
(Per acddenl)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN __EAACC�$AUTO ONLY: AGG $
EXCESS IUMBRELLA LIABIUTY EACH OCCURRENCE $ __
OCCUR CLAIMS MADE AGGREGATE S
S
DEDUCTIBLE $
RETENTION $ S
A WORKERS COMPENSATION STATU- X T
AND EMPLOYERS'IJABIUTYTORY
ANY PROPRIETOR/PARTNER/EXECUTIVE(Y/NI E.L.EACH ACCIDENT $ 2,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) ,680-7457P29A 3/1/2010 3/1/2011 E.LDISEASE-EAEMPLOYEE $ 2,000,000
If yyes desalbe under
SPE(:IAL PROVISIONS below ]iTOP GAP COVERAGE E.L.DISEASE-POLICY LIMIT $ 2,000,000
B OTHER professional ViSPM209PNPA 3/1/2009 3/1/2011 Per Claim $1,000,000
Liability Aggregate $1,000,000
Claims-Made Policy
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of Spokane Valley is named as Additional Insured with respect to General Liability, and General Liability is
primary and non-contributory.
CERTIFICATE HOLDER CANCELLATION
SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Spokane Valley DATE THEREOF,THE ISSUING INSURER WILL YNXIAVaiNtXMAIL 10 DAYS WRITTEN
Attn: Christine Bainbridge, City Clerk NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,/0( `,(t ($Q (
11707 L. Sprague Avenue
Spokane Valley, WA 99206
AUTHORIZED REPRESENTATIVE
Lisa Isom/DAWN �- s— ---
ACORD 25(2009/01) ®1988-2009 ACORD CORPORATION. All rights reserved.
INS026(2oosDl) The ACORD name and logo are registered marks of ACORD