08-005.00 Ruen-Yeager & Associates: Fancher Broadway PCC Intersection Survey• •
Broadway/Fancher PC.0 Intersection #0067
AGREEMENT FOR ]PROFESSIONAL SERVICES
Rucn- Yeager & Associates, inc.
Surveying Services -
Broadway Avenue and fancher Street Portland Cement Concrete Intersection
Contract #107 -028
THIS AGRIFEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and Ruen- Yeager & Associates, Inc., hereinafter "Consultant, "jointly referred
to as "parties."
iN CON'SIDERATiON 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 the attached Scope of Services entitled Ifroadtiray and Ferircherlhztersectiorl, Scope of
Services for topography SUI- ey arrd 1feipping, dated December 21, 2007,
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. Terra 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. Tn the
event of such termination, the City shall pay the Consultant for all work previously authorized and
satisfactorily performed prior to the termination date.
Agreement for Professional Surveying Senlecs- Ruen- Yeager Page I of6
Ct7S -05
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Broad%Aay/fancher PCC intersection 90067
3. Compensation. The City agrees to pay the Consultant on a time and material basis, not to
exceed $9,800.00 for Professional Surveying Services as described in the attached proposal. A 10%
Management Reserve Fund in the amount of $980.00 is also hereby established for a total contract amount of
$10,780.00 as full compensation for everything done under this agreement.
4. Pavment. 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 ;✓tanager or designee to be noncompliant with the Scope of Work, City
Standards, City ordinances and federal or suite standards.
S. Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THE CONSULTANT:
Name. Christine Bainbridge, City Clerk
PhoneNumbe.r: (509)92 1 -1000
Address: 11707 East Sprague Ave, Suite 106
Spokane Valley, WA 99206
Name: Darrel Ramus Pl S, Ruen- Yeager &
Associates, Inc.
Phone'Number: (203) 292 -0320
Address: 3201 N. Huetter Road
Coeur d'Alene, ID 83814
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. Ownershin 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. 'rhe 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 ctnployees.
Agreement for Professional Surveying Services- Ruen - Yeager Page 2 of *6
•
C,
Broad%%gy/Fancher PCC Intersection 90067
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.
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 iniury. The
City shall be named as an insured tinder the Consultant's Commercial
General Liability insurance policy with respect to the work performed for
the City.
Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance
limits:
Automobile Liability insurance with a minimum combined single limit for
bodily injury and property clanrage of 51,000,000 per accident.
Z. Commercial General Liability insurance shall be written with limits no lass
Man 51,000,000 each occurrence, 51,000,000 general aggregate.
3. Professional Liability insurance shall be written aviih limits no less than
S1, 000, 000 per claim and 51,000,000 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:
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.
Agreement For Professional Surveying; Services- Ruen- Yeager Page 3 of 6
•
Broadway/Fanchcr PCC intersection #0067
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
the Consultant shall provide at least 30 days prior written notice by
certified mail, return receipt requested of a cancellation.
D. Accentability 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 steal I 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 sell'-insurance.
IL 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 Consultants 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 ofany 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 nor all of
the responsibilities of this agreement or the benefits received hereunder without first obtaining the written
consent of the other party.
Agreement for Professional Surveying Services- Ruen- Yeagcr Page 4 of 6
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BroadmmyA ancher PCC Intersection 90067
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.
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 a{;recment,
the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court
as reasonable. finless 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 ReLyistration. 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. Exhibit. Exhibits attached and incorporated into this agreement are:
1. Scope of services
2. Insurance Certificates
Agreement for Professional Surveying Services- Ruen - Yeager Page 5 of 6
Broadway/Fancher PCC Intersection #0067
IN WITNESS OF, the parties have executed this agreement this �"` day of
200$
CITY OF SPOKANE VALLEY: Consult
David Mercier, City Manager O er
Tax No. REDACTED
��
APPROVED AS TO FORM:
Office of th6qCity Attorne
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 Surveying Services- Ruen- Yeager Page 6 of 6
RYA Inc.
Broadway and Fancher intersection
Scope of Services for
Topography Survey and Mapping
Project Understandin¢
0
December 21, 2007
The project will include a topography survey of the Fan cher /Broadway Intersection. The limits
of the topographic survey will include 300 feet in all four directions from the intersection. The
anticipated services will include survey control, existing monument ties, generation of P
contours and locations of roads, curbs, sidewalks, fences, visible utilities, and driveways.
The requirement for a DNR Application and Land Corner Record to destroy and reset a
published monument will be specified as a task for the contractor. We will still tie additional
monuments beyond the site limits to allow the road centerlines to be developed from available
records of survey and plats.
Scope of Services
1. Topography Survey: Field surveys will be provided with sufficient detail and accuracy to
produce general topography mapping based on I' contour intervals as follows:
a) Control will be based on available published horizontal and vertical monuments
referenced to the North American Datum of 1983 (NAD 83) and North American
Vertical Datum of 1988 (NAVD88). Identify horizontal and vertical control and a
bench mark held for the project. Include local control and benchmarks on site. GPS
methods will be utilized for section corner ties that are beyond the project limits.
b) Accessible boundary monuments along the perimeter of the mapping limits will be
located for reference. Apparent right -of -way encroachments will be reported,
however, this task does not include boundary analysis.
c) Locate centerline, flow line at outside edge of concrete gutter (next to the asphalt and
away from the Curb), top face of curb and back of walk at a maximum of 25 -30 foot
intervals. Within the intersection itself locate TIN shots roughly every 25 -30 feet.
Where the roadway is over 50 feet wide locale quarter -crown 'FIN shots. Survey
limits will extend 10 feet beyond back of walk or to existing fences where found.
Limits, will be approximately 300 feet in each direction from the intersection.
d) Surface features will be located where visible and accessible within the mapping
limits including building corners, fences, surface utilities and poles, access roads and
surface structures.
e) Accessible underground features will be located from visible utility markers or utility
locator paint if present and selected manhole pipe inverts, drop inlets and culvert flow
lines will be located by request. Include all utilities (gas, power, water, san. sewer,
PA 200711`071076_ Broad wayFanchcr100_ Admini strati on l0l_Proposa1\071221—Scope for I of 3
Topo Survey.doc
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RYA Inc. December 21, 2007
storm sewer, tv, etc) and iron within the intersection and within 10 feet from the back
of walk and storm sewer invert elevations. Utility potholing is not included.
2. Utility Coordination: RYA will be responsible for coordinating utility locates prior to
conducting the survey. Utility locates will be weather dependent for paint marks.
3. Traffic Control: RYA will subcontract the necessary traffic control to Trafficorp.
Trafficorp will supply the traffic control for the project which will include a Traffic plan
and appropriate lane closures and signage to complete the survey work.
4. Expanded Monument Ties: Additional monuments of record will be tied beyond the site
limits to allow the road centerlines to be developed from available records of survey and
plats by city staff.
5. Topography Mapping: Survey data will be reduced and processed with sufficient detail
and accuracy to produce general topography mapping based on P contour intervals,
Features will be annotated for roads, fence lines, structures and utilities and benchmarks
held for the topography survey will be specified on the plans for future reference.
6. Submittal Format: RYA will provide data collector files, ASCH point file, copies of all
field notes, an electronic drawing in AutoCAD, version 2005 or later, relevant project
data and drawing files such as TINS, DTM's, alignments, and breaklines. Consultant
also to include 24" x 36" bond copies at a 50 scale, signed and dated by a Professional
Land Surveyor licensed in Washington and be suitable for the development of final road
design plans. Electronic copies of the AutoCAD version 2005 or later drawing file(s) in
accordance with City of Spokane Valley standards shall be provided to the City upon
completion of the survey drawing.
Protect Coordination
This proposal is based on the following understandings deemed necessary for the completion of
the Scope of Services in an efficient and cost effective manner:
1. City will develop centerline and right of way mapping.
2. Scheduling may depend on weather or site conditions that may delay survey tasks.
3. Estimated time of completion _is 21 calendar days from a notice to proceed.
4. A CD of a City of Spokane Valley prototype drawing, with the appropriate files, with a
read -me document, will be provided prior to this survey being conducted. The read -me
file will explain the location of certain files so point descriptions and line types will
match the provided code sheet.
PA 20071P071076_BroadwayFancher\00 Adininistration 101_Proposa11071221_Scope for 2 of 3
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RYA Inc. December 21, 2007
Tasks not included in the preceding Scope of Services are considered additional services that
may be added by a contract amendment or approved on a time and materials basis, if necessary.
This estimate does not include the following:
1. DNR Application and Land Corner Record in accordance with Chapter 332 -120 of the
WAC to destroy and reset a published monument during construction.
2. Right of way mapping, boundary surveys or preparation of a Record of Survey.
3. Design services.
4. Construction staking.
5. Federal, state, county, city, local district or other agency fees or coordination, if required,
for pernlits, applications, submittals or duplication costs.
Fee Estimate
Ruen - Yeager & Associates, Inc., proposes to provide the Scope of Services described above on a
time and materials basis not to exceed $9,800 (plus reimbursable expenses). The estimated cost
breakdown is as follows:
Topography Survey and Mapping $8,800
Traffic Control $1,000
We appreciate the opportunity to work on your project and look forward to serving you with our
land surveying department to make your project a success. Please contact our office if you have
any questions or require more information regarding this proposal.
VA2007 071076 Broad wayFancher 100 Administration 101_Proposal1071221_Scope for 3 of 3
Topo Survey.doc
lient#: 62959
RUENYASSO
ACORD.w CERTIFICATE OF LIABILITY INSURANCE
DATEtMKIDWYYYYI
01103108
PRODUCER
Euclid Insurance Services, Inc
234 Spring Lake Drive
Itasca, IL 60143 OT \�
630 694 -3700 � �
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
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED r.�s` �`�
Ruen- Yeager & Associates, Inc.
3201 North Huetter RoaJNSuite'110�1
Coeur D Alene, ID 83814 -/
INSURERA: Nat'l Casualty (A&E)
11991
:INSURER B:
LINIrS
INSURER Cc
INSURER 0;
INSURER I-
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
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TYPE OF INSURANCE
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Liability
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DESCRIPTION OF OPERAnDN5! LOCATIONS VEHICLES) EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
Contract #07 -028
City of Spokane Valley
Public Works
Capital Projects Division
11707 E Sprague Ave., Suite 106
Spokane, WA 99206
LD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER VnLL ENDEAVOR TO MAIL in DAYS WRIrrEN
E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
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ACORD 25 (2001108) 1 of 2 #221263 SMW ® ACCRD CURPURATIUN 1V5d
ACORD 25 -S (2001108) 2 of 2 #221263