10-127.00 Benthin & Associates: Indiana Ave ExtensionForma{ Task Assignment Document
Task Number E
The general provisions and clauses of Agreement 10 -027 shall be in full force and effect for this
Task Assignment
Location of Project: Indiana Ave Extension to Mission including Flora Rd intersection
Project Title: Indiana Avenue Extension
Maximum Amount Payable Per Task Assignment: $2,000.00
Completion Date: Decem 3l, 2010
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 Indiana Avenue
Extension Project, CIP 0112
Agency Project Manager Signature
Oral Authorization Dab
Consultant Signature:
Agency Approving Aut
DOT Form 140 -089 EF Formal Task Assignment
Revised 8106
Date:
Dated:
y •ia
Date:
Date: �� D
C,ZA 0 - 12-7
Q� COPY
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. Combensation 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 Hourlv
Minimum Fee Schedule forProfessionaI Surveying Services as assigned by individual Task Orderpocuments.
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.
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 ofthe 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 maybe 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
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 Insuranco Services Office (ISO) form
CA 00 01 or a substitute form providing equivalent liability coverage. Ifnecessary,
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 Genial 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 ofthe 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 RC W 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 ofthe Consultant and the City, its officers, off dials, employees,
and volunteers, the Consultant's liability hereunder shall be only to the extent ofthe 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 ofthe 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 anytime 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 ofthe
responsibilities of this agreement or the benefits received hereunder without fast obtaining the written consent
of the other party,
14, Subcontracts Except as othenvise 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 withoutthe express written consent
Agreement for Professional Services Page 4 of 5
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 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 Ifany section, sentence, clause or phrase ofthis 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 Lp
(IAZ/ WITNESS WHEREOF, the parties have executed this agreement this (� day of
2010.
C Y OKANE VALLEY: Consulta
City Manag Owner, Walter O. ale, PLS REDACTED
Tax ID No._
ATIES APPROVED AS TO FORM:
Christine Bainbridge, City Cler Office of City Attorney
Agreement for This document contains confidential tax information and Page 5 of 5
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-I, 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.
WALTER O, DALE
BENTHIN &
AsSOCI
PRESIDENT PROFESSIONAL LAND SURVEYING AND PLANNING
1004 NORTH ATLANTIC STREET a SPOKANE, WA. 99201 -2209
(509) 325.4529 a (FAX) 325 -4520 6 SURVEY(�?U GPS- SURVEYOR.COM
January 30, 2010 Eyq" I es Imo°
5,j p w Gon f — f p ,- o 2 "?
2010
HOURLY MINIMUM FEE SCHEDULE
FOR
SURVEYING AND PLANNING SERVICES
1 PERSON SURVEY CREW ....................... ...............................
2 PERSON SURVEY CREW ....................... ...............................
3 PERSON SURVEY CREW ...................... ...............................
GPS, 1 PERSON SURVEY CREW ............. ...............................
GPS, 2 PERSON SURVEY CREW, COMPLETE ........... ...................
PRINCIPAL SURVEYOR REVIEW ................ ...............................
CONSULTING ..................... ...................... ...............................
TRAVEL TIME PER PERSON ....................... ...............................
COMPUTING, DRAFTING, RESEARCH
ADMINISTRATION ................................ ...............................
PLANNING SERVICES ................................. ...............................
$80.00
$155.00
$210.00
$100.00
$200.00
$120.00
$90.00
$60.00
$72.00
$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