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10-088.00 Benthin & Associates: Sprague Sullivan PCCP IntersectionFormal Task Assignment Document Task Number B The general provisions and clauses of Agreement 10 -027 shall be in full force and effect for this Task Assignment Location of Project: Sprague / Sullivan PCCP Intersection Project Title: Sprague/ Sullivan PCCP Intersection Maximum Amount Payable Per Task Assignment: Completion Date: December 31, 2010 $10,000.00 Description of Work: (Note attachments and give brief description) Provide On -Call surveying services in accordance with Exhibit A -1 to be invoiced to the Sprague / Sullivan PCCP Intersection Project, C1P 0065. Agency Project Manager Signature: Oral Authorisation. T' °�° Consultant Signatur Agency Approving DOT Forth 140 -088 EF Forman Task Assignment Revised 6/05 Date: "-- T ____Dated; Date: — 7-7,r—l o Date: �! T lU 4// 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 Aueern . 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 FILE COPY 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 CIP 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. Notice Notice shall be given in writing as follows: TO THE CITY TO THE CONSULTANT Name: Christine Bainbridge, City Clerk Phone Number: (509)921 -1000 Address: 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 Name: Walter 0. Dale, PLS Phone Number: (509)325 -4529 Address: 1004 North Atlantic St. 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. Agreement for Professional Services Page 2 of 5 r:: 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 Scone 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: 1. 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 Agreement for Professional Services Page 3 of 5 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 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 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 ofthe provisions ofthis 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 Agreement for Professional Services Page 4 of 5 - Mv t i. 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 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 gi% 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 -1 Scope of Work, 2. Exhibit A -2 Task Order Agreement 3. Exhibit A -3 2010 Hourly Minimum Fee Schedule 4. Insurance Certificates WITNESS WHEREOF, the parties have executed this agreement this 2010. 7 C OKANE VALLEY: City Manag Owner, YATTES Christine Bainbridge, City Cler _ day of Consult Walter O. Yale,ff S Tax ID No._ REDACT APPROVED AS TO FORM: Office of City Attorney Agreement for Professic Page 5 of 5 This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. 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. 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 Assined 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. ■ 1 T TTTTT� T D___ A CV C le 1"T A TT WALTER 0. DALE PRESIDENT January 30, 2010 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 SCOTT A. DALE SECRETARY 1004 NORTH ATLANTIC STREET • SPOKANE WA. 99201 -2209 (509) 325 -4529 • (FAX) 325 -4520 • SU R V EY @GPS SURVEYOR.COM A ° CERTIFICATE OF LIABILITY INSURANCE �TE(MMIDDIYYY1) 7/15/2010 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 INSURER D: Spokane i WA 99201 INSURER E: nnVFRAnFC 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 OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' L TR NSRD E OF NSU NCE POLICYNUMBER DATECMMFDDCTIVE pOLiE MNIIDD TION LIMITS GENERALLIABILITY EACH OCCURRENCE $ 2, 000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea oc $ 300,000 A I CLAIMS MADE 1X OCCUR 680 - 7457P29A 3/1/2010 3/1/2011 MED EXP (Any one person) $ 5,000 • Stop -Gap Liability PERSON AL &ADVINJURY $ 2,000,000 • Property Coverage GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIESPER: PRODUCTS - COMPIOPAGG $ 4,000,000 POLICY X PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO - 7462P956- 10 -GRP 3/1/2010 3/1/2011 (Ea accident) BODILY INJURY $ B ALL OWNED AUTOS (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR FI CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION I T WO STATU- X OTH- ER E.L. EACH ACCIDENT $ 2, 000,000 AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE � E.LDISEASE - EAEMPLOYE $ 2,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 680- 7457P29A 3/1/2010 3/1/2011 EL DISEASE - POLICY LIMIT $ 9,000,000 If yes, describe under SPECIAL PROVISIONS below TOP GAP COVERAGE B OTHERprofessional 15RM209PNPA 3/1/2009 3/1/2011 Per Claim $1,000,000 Liability Aggregate $1,000,000 Claims -Made Policy DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I 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. City of Spokane Valley Attn: Christine Bainbridge, City Clerk 11707 E. Sprague Avenue Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL j MMMMMAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE Lisa Isom /DAWN .J ACORD 25 (2009 101) v .r Woo -AVUa tia.vnv INS026 poosol) The ACORD name and logo are registered marks of ACORD