07-109.00 USKH: Terrace View Park Survey Svcsf �
RECEIVED
NOV 16 2007
AGREEM.E T FOR PROFFS&ONAL SERVICES USKH Spokane
OE
USKH
SURV ,'vrfNC SERVICES — TKRRACE VIE, W PA.CZ.1K
CONTRACT #07 -027
TRIS ACR 38MI ENT 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 CONSWE.RXITON of the terms and conditions contained herein the parties agree as follows:
1. Work to Be Performed. The Cousultant will provide all labor, services and material to
satisfactorily complete the attached Scope of Services. The scope of services are outlined in a letter from Gary
Erickson of USK14 to Mike Jackson dated November 7, 2007, attached as Exhibit 1.
A- Administration. The City Man �W- r 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 die extent such actiou 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 shal l 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. Terrn 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. .1n 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 materials basis, not to
exceed $5,300.00 for Professional Surveying Services as described in the attached proposal. A 10%
Management Reserve :Fund in the amount of $530.00 is also hereby established for a total contract amount of
$5,830.00 as full compensation for everything done under this agreement.
Agreement for Professional Services - USKH Page 1 of 5
t!lo 9 -16 9
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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 ngbt 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 TIdE CONSULTAN ':
Name: Christine Bainbridge, City Clerk Name: Gary Erickson P.L.S.
Phone Number: (509)921 -1000 Phone Number. 328 -5139
Address: 11707 East Sprague Ave, Suite 106 Address: 621 W. Mallon Ste. 309
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 thatthe Consultantsball 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 .ire 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 tbat may attach thereto.
8. Ownership rr( 1)ocuutents. 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 RCAV 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 bburs 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'tn 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 Enal payment is made hereunder.
10. Insurance. The Consultant shall procure and maintain for the duration o£ 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 1.0
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:
Agreement for Professional Services - USKH Page 2 of 5
1. Automobile Liability insurance covering all owricd, non - owned, hired and
leased vehicles. Coverage shall be written on-lnsurance 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 ofInsurance. 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 fvisions. 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 insuranw 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 $hall not contribute with it
2. Cancellation of Consultant's insurance shall be governed by either:
a. the policy shat l 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 cancellation.
D. - Aeeeptability of Insurers. Insurance is to be placed with insurers with a current A.K
Best rating of not less than A NU.
E. Evidence of Coverage. As evidence of the insurance coverages required by this
Agreement for Professional Services - USKH Page 3 of 5
0' (.- ( 0
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
arc 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.
I I. Jndemnification and Hold Rarmless. the Consultant shall defend, indenutify 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 ofliability for damages arising out ofbodily injury to persons or damages to property caused
by or resulting from the concurrentnegfigence 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 5.1 R, W, 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 tennination 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 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. Assio nment and Delerration. Neither party shall assign, transfer or delegate any or all ofthe
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 agreemeirt 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.
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.
Agreement for Professionai Scrvi ccs - USKH Page 4 of 5
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 gii% 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. Seyerability. If any section, sentence, clause or phrase of this agreement should beheld to
be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity ofany
other section, sentence, clause or phrase of this agreement..
22. Exhibits. Exhibits attached and incorporated into this agreement are:
1. Scope of services
2. Insurance Certificate
IN WITNESS WHEREOF, the parties have executed this agreement this �� ' day of
2007.
CITY OF SPOKANE VALLEY: Consultant: iJS 4541 A/C,
David Mercier, City M ger Owner REDACTED
Tax ID No.
ATTEST -
61hristine Bainbridge, Ci CIerk
APPROVED AS TO FORM:
Office of e City Att
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.
Agreement for Professional Services - USKH Page 5 of 5
• •
UNWIN SHEBEN KORYNTA. HUETTI.. INC. ENGINEERING • LANDSURVEYING • ENVIRONMENTAi • ARCXCITECTURE
USKH
November 7, 2007
Mike Jackson
Spokane Valley Parks
Centerplace
2426 N. Discovery Place:
Spokane Valley, WA 99216
Ph: (509) 688-018-2
RE: Surveying Services Proposal
A. proposal for survey services to Collect field locations, provide office calculations and drafting services
for topographic surveys of the remainder of the Terrace View City Park and Pool facility.
hear Mike,
USKH proposes to provide professional surveying services to perform the following scope of work. Please
review this proposal stating our understanding of the project requirements, the scope of services proposed, and
our estimated time schedule and fees.
SCOPE" OF WORK:
USKII will provide the field and office work to perform topographic,surveys at the location listed above. This
will include establishing additional local control at the site and locations of existing features such as parking lots,
buildings, fences, playground equipment, ball field, trees, landscaping features, visible utilities, existing floor
elevations, and spot elevations at requested locations. USKH will develop a contour map with a 1 -foot contour
interval and provide a hard copy and an electronic version in AutoCAD 2006 to the City of Spokane Valley. This
estimate is to cover the additional areas requested at the Terrace View Park facility as outlined by email from
Shane Arlt, Assistant Engineer. With the extensive tree cover we anticipate using conventional instrumentation to
perform the necessary locations. This estimate is based on the necessity to locate all of the individual large trees.
If this is not a requirement please let us know.
TIME SCHEDULE:
We anticipate being able to begin the fieldwork within 5 -10 days of receipt of a signed contract or written
authorization to proceed. Wc. would have a preliminary map available for your review within 5 working days of
completion of fieldwork. If you have any questions concerning this proposal, please do not hesitate to call.
621 West Mallon Ste. 309, Spokane, WA 99201 • Phone: (5179) 328 -5139 • Fax: (509) 328-0423 • 1- 866 - 328-5139
Mike Jackson
November 7, 2007
Page 2 of 2
'FUR SCHEDULE
Fees to be paid to USKH, for Professional Surveying services, as described above, shall be as follows:
Time and Materials: Estimated not to exceed $5,300 for the additional Terrace View hark scope.
A signed contract is required prior to initiating work. Final fees shall be due and payable upon the Client's
agent's receipt of the topographic drawing.
PAYIVIEN`I` SCHl DU:1 '
The Client agrees to pay USKH, 1nc., for all services within thirty (30) days of the date a statement is
submitted. All unpaid balances after (30) days will be subject to an interest charge of 11h% per month.
Sin • • ely,
Gary W. Erickson P.L. .
Survey Manager
USKH INC.
621 W. Mallon Ave. Suite 309
Spokane, Washington 99201
Ph. 509 -328 -5139
Fix 509- 328 -0423
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ACORD„ CERTIFICATE OF LIABILITY INSURANCE
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PRODUCER
Parker Smith & Feek
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Anchorage Office
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POL c ,FFECTNE
POLICY 1XPI R TKMN
4000 Old Seward Hwy., Ste. 200
Anchorage, AK 99503 -6067
INSURERS AFFORDING COVERAGE
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INSURERA• National Surety Corp.
01/01108
INsURERa: Liberty Northwest Ins. Corp.
$1.000.000
USKH, Inc.
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2515 "A" Street
Anchorage, AK 99503
INSURER D.
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THE POLICIES OF IRSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAt.IED ABOVE FOR THE POLICY PERIOD INDICATED. NO'MTTHSTANDING
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DESCRIPTION OF OPERATIONS M LOCATIONS J VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT) SPECIAL PROVJSIONS
RE: W10 111031200 City of Spokane Valley /Pool Topo's
It-76211
City of Spokane Valley
Christine Bainbridge
City Clerk
11707 E Sprague Ave Suite 106
Spokane, WA 99206
LO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING IN,51UR=R VALL ENDEAVOR TO JAIL 1.0_ DAYS WRITTEN
:E YO THE CERTIFICATE HOLDER NAMED TO THE LM, BUT FAILURE TO DO SO $HALL
IE NO OBUUCATIDN OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
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08102/07 Dm
PRODUCER
Parker Smith & Feek
Anchorage Office
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORNIATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
4000 Old Seward Hwy., Ste. 200
POLICY NUMBER
POLICY14FIrLI-CrIve
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Anchorage, AK 99503 -6067
INSURERS AFFORDING COVERAGE
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DESCRIPT10N OP OPERATIONS [LOCATIONS I VEHIU FS I EXCLUSIONS ADD40 BY ENDORSEMENT 1 SPECIAL PROVISIONS
RE: W10 #1031200 City of Spokane Valley /Pool Topo's
H
City of Spokane Valley
Christine Bainbridge
City Clerk
11707 E Sprague Ave Suite 106
Spokane, WA 99206
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MA[L I0_ DAYS WRIrrEN
NOTIC a TO THE CERTIFICATE HOLDER NAILED TO THE LEFT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE WSURER. ITS AG. =.NTS OR
ACORD 25 (2001108) 1 of 2 #M77292 MIM00 a AULIKU L:UKrUKA I1UIV lyCd
•
CITY OF SPOKANE VALLEY
CONTRACT AUTHORIZATION
Submitting Dept: Public Works
Date- December 6, 2007
•
Budget Account No: 309.309.085.594.76.41.05
CONTRACT TOPIC:
Contract with USKH to complete a topographic survey of the Terrace View Park Site.
CONTRACT BACKGROUND:
USKH was selected as being the most qualified in surveying services. Selection was
based on the review of consultant roster Request for Qualifications. USKH performed
the Terrace View Pool Topographic Survey. This work will be a continuation of the pool
survey reducing costs for the duplication of existing features and control already
surveyed and established.
Surveying services include creating additional local control at the site and locating
existing features such as parking lots, buildings, fences, playground equipment, ball
fields, trees, landscaping features, visible utilities, existing floor elevations and spot
elevations at requested locations. A contour map will be developed and a hard copy
and electronic version will be provided in AutoCad.
The certificate of insurance is attached. The contractor has a current City of Spokane
Valley business license. •
The City agrees to pay the consultant on a time and materials basis, not to exceed
$5,300 for Professional Surveying Services. A 10% Management Reserve Fund in the
Amount of $530.00 is also hereby established for a total contract amount of $5, 830 as
full compensation for everything completed under this agreement.
Let me know if you need any additional information.
Submitting Dep went
City Manager
1-a 7
opb
Legal
City Cleric
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DISTRIBUTION:
Submitting Department
Accounting � f
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