14-073.00 Allwest Testing: Carnahan, Indiana & Sullivan Sample TestingAGREEMENT FOR PROFESSIONAL SERVICES
for
HMA Challenge Sample Testing
Carnahan, Indiana and Sullivan St Preservation Project, CIP 0180
Public Works Contract 19-033
With
Allwest Testing & Engineering. LLC
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and Allwest Testing & Engineering, LLC
, 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. Consultant shall provide all labor, services and material to satisfactorily complete
the attached Scope of Services.
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 Services, schedule and date of completion. The Scope of Services is attached
hereto as Exhibit 1. Upon notice from the City Manager or designee, Consultant shall commence
work, perform the requested tasks in the Scope of Services, stop work and promptly cure any failure in
performance under this Agreement.
B. Representations. City has relied upon the qualifications of 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 Services. No substitutions of agreed-upon personnel shall be
made without the prior written consent of City.
Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient
compensation for its timely provision of all professional services required to complete the Scope of
Services under this Agreement.
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. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by
professional consultants engaged in the same profession, and performing the same or similar services
at the time such services are performed.
11 Modifications. City may modify this Agreement and order changes in the work whenever
necessary or advisable. 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. Consultant shall make such revisions in the work as are necessary to correct
errors or omissions appearing therein when required to do so by City without additional compensation.
Agreement for Professional Services Page I of 6
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 as determined by City. Consultant shall
complete its work by June 13, 2014, unless the time for performance is extended in writing by the Parties.
Either Party may terminate this Agreement for material breach after providing the other Party with at least ten
days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for
any reason by ten days' written notice to Consultant. In the event of termination without breach, City shall pay
Consultant for all work previously authorized and satisfactorily performed prior to the termination date.
3. Compensation. City agrees to pay Consultant $2.005.00, as full compensation for everything done under
this Agreement. Consultant shall not perform any extra, fiirther or additional services for which it will request
additional compensation from City without a prior written agreement for such services and payment therefore.
4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for
payment shall be sent to the City Finance Department at the below stated address.
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 Services, City standards, City
Code, and federal or state standards.
5. Notice. Notices other than applications for payment shall be given in writing as follows:
TO THE CITY:
Name: Christine Bainbridge, City Clerk
Phone: (509) 921-1000
Address: 11707 East Sprague Ave, Suite 106
Spokane Valley, WA 99206
TO THE CONSULTANT:
Name: Allwest Testing & Engineering, LLC
Phone: (509) 534-4411
Address: 3005 N. Industrial Park, 5h" St
Spokane Valley, WA 99216
6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with
all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction
documents, and services shall confirm to all federal, state and local statutes and regulations.
7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary
Covered Transactions.
A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief, that it
and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission or fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or contract hmder a public transaction; violation of federal or state antitrust
statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph (A)(2) of this certification; and
Agreement for Professional Services Page 2 of 6
4. Have not within a three-year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this Agreement.
8. Relationship of the Parties. It is understood, agreed and declared that Consultant shall be an independent
contractor, and not the agent or employee of City, that 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 Consultant. Any and all employees who provide services to City under this Agreement
shall be deemed employees solely of 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.
9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by
Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure
pursuant to RCW 42.56 or other applicable public record laws. The written, graphic, mapped, photographic, or
visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed
the property of City. City shall be permitted to retain these documents, including reproducible camera-ready
originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the
City's use. City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or
in part, any reports, data, drawings, images or other material prepared under this Agreement, provided that
Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended
purpose.
10. 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 Consultant's records with respect to all matters covered in this
Agreement. 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 Agreement for a period of three years from the date final payment is made hereunder.
11. Insurance. 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 Consultant, its agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below:
1. Automobile Iiability 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. City shall be named as an insured under 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.
Agreement for Professional Services Page 3 of 6
4. Professional liability insurance appropriate to 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. Consultant's insurance coverage shall be primary insurance with respect to City. Any
insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of
Consultant's insurance and shall not contribute with it.
2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation
notice within two business days of receipt by Consultant.
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 Agreement,
Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant
returns the signed Agreement. 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 City. Consultant shall be financially responsible for all
pertinent deductibles, self-insured retentions, and/or self-insurance.
12. Indemnitication and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify and hold
harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss,
costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating
to or arising out of the wrongful or negligent acts, errors or omissions in the services provided by Consultant,
Consultant's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law,
subject only to the limitations provided below.
Consultant's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising
out of such services caused by or resulting from the sole negligence of City or City's agents or employees.
Consultant's duty to defend, indemnify and hold harmless City against liability for damages arising out of such
services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Consultant,
Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the
negligence of Consultant, Consultant's agents, subcontractors, subconsultants and employees.
Agreement for Professional Services Page 4 of 6
Consultant's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses
and liability to which it applies, City's personnel -related costs, reasonable attomeys' fees, and the reasonable
value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for
collection, and all other claim -related expenses.
Consultant specifically and expressly waives any immunity that may be granted it under the Washington State
Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in anyway by
any limitation on the amount or type of damages, compensation or benefits payable to or for any third party
under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that
Consultant's waiver of immunity under this provision extends only to claims against Consultant by City, and
does not include, or extend to, any claims by Consultant's employees directly against Consultant.
Consultant hereby certifies that this indemnification provision was mutually negotiated.
13. 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 a 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.
14. 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.
15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of
the work contemplated under this Agreement without obtaining prior written approval of City.
16. Confidentiality. Consultant may, from time to time, receive information which is deemed by City to be
confidential. Consultant shall not disclose such information without the prior express written consent of City
or upon order of a court of competent jurisdiction.
17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes
between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane
County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in
any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or
that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)
decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court
having jurisdiction thereof.
18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this
Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees).
19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the
Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified or
altered except in writing signed by the Parties hereto.
20. Anti -kickback No officer or employee of 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,
Agreement for Professional Services Page 5 of 6
accepted or granted a present or future gift, favor, service or other thing of value from any person with an
interest in this Agreement.
21. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register
with the City as a business.
22. 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.
23. Exhibits. Exhibits attached and incorporated into this Agreement are:
1. Scope of Services
2. Insurance Certificates
The Parties have executed this Agreement this 17 day of
CITY OF SPOKANE VALLEY
Consultant:
, 20/9
By:
Its: Authorized Representative
Christine Bainbridge, City Clerk
Agreement for Professional Services Page 6 of 6
ALLWEST
Testing & Engineering
Exhibt--1
Construction Materials Testing
Geotechnical Engineering
Environmental Consulting
May 22, 2014
City of Spokane Valley
Public Works Department
Attn: Craig Aldworth P.E.
11707 E Sprague Ave Suite 106
Spokane Valley, WA 99206
RE: Challenge Asphalt Sample Materials Testing Services Cost Estimate for the
Carnahan, Indiana and Sullivan Street Preservation Project, CIP 0180 Located in
Spokane Valley, WA
Dear Mr. Aldworth:
ALLWEST Testing & Engineering (ALLWEST) is pleased to provide you with the following cost
estimate for construction -materials testing services for laboratory testing HMA on the Evergreen
Road Reconstruction project located in Spokane Valley, WA. This cost estimate is based on review
of request for proposal (RFI). Based on a review of the available information mentioned above, we
are confident that our firm will provide the necessary testing services in a cost effective, timely, and
professional manner. This cost estimate summarizes our unit prices and our estimated fees to
provide our services.
PROJECT DESCRIPTION
The work contemplated under this contract consists of picking up challenge samples from Strata
laboratory located in Spokane Valley, laboratory testing for oil content, gradation, air voids, VMA,
VFA and dust asphalt ratio.
QUALIFICATIONS AND PERSONNEL
ALLWEST employs a staff of qualified engineers, inspectors, and technicians in our five offices
located in Hayden, Post Falls, Lewiston and Meridian, Idaho and Spokane Valley, Washington.
These include registered professional engineers and over twenty inspectors and technicians. Our
office in Spokane maintains a national accreditation through American Association for Laboratory
Accreditation (A2LA) and local accreditation through the Washington Association of Building Officials
(WABO). Our office in Hayden and Lewiston maintains a national accreditation through AASHTO
Materials Reference Laboratory (AMRL). All of our offices employ ICC and WABO certified
technicians and inspectors. Additionally, our inspectors and technicians maintain WAQTC and ACI
certifications. We also provide Non -Destructive Testing (NDT) to Level II ASNT practices. Our
laboratory facilities at Hayden and Lewiston locations are certified with the Idaho Transportation
Department (ITD).
690 W. Capstone Court • Hayden, ID 83835 • (208) 762-4721 • Fax (208) 762-0942
www.allwesttestinq.com
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The one page(s) entitled “Page 2 Reporting” contain(s) confidential cost and rate data and
is(are) withheld from public disclosure pursuant to 23 USC 112(2)(E).
Prenotification; confidentiality of data. A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
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.
ALLWTES-01
DFALKNERI
AC RO* CERTIFICATE OF LIABILITY INSURANCE
DAT/YYY11
5//27/2027/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION 15 WAIVED, subject to
the teens and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
Moloney, O'Neill, Corkerryy & Jones Inc
2065 W RIverstone Dr #105
Coeur D Aisne, ID 83814
WMEACT Debbie Johnston, CPCU, ARM, CIWCS
PHONE 208 7704844 FAX 50
lac No Ext);(208)lac No ( 9) 325-1803
RDD Ribs: djohnstoncmo-ins.com
INSURERS) AFFORDING COVERAGE
NAIC #
INSURER A :Ohio Security Insurance Co
LIABILITY
COMMERCIAL GENERAL LIABIUTY
INSURED
Allwest Testing & Engineering, LLC
PO Box 3149
Hayden, ID 83835
INSURER B :American Fire and Casualty Co
BKS55122284
INSURER C:
06/23/2014
INSURER D :
S 1,000,000
INSURER E :
$ 1,000,000
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
THIS IS TO CERTIFY THAT 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICY NUMBER
POUCY EFF
(MM/DDIYYYY)
POUCY EXP
(MM/DD/YYYY1
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABIUTY
X
BKS55122284
06/23/2013
06/23/2014
EACH OCCURRENCE
S 1,000,000
DadMGETOREN IED
PREMISETO R NrED ce)
$ 1,000,000
CLAIMS -MADE
X
OCCUR
MED EXP (Arty one person)
S 15,000
PERSONAL &ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
S 2,000,000
GENL AGGREGATE��
I POLICY
OMIT APPLIES PER:
O I 78f n LOC
PRODUCTS - COMP/OP AGG
S 2,000,000
S
AUTOMOBILE
X
X
LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
X
SCHEDULED
AUTOS
NON-0WNEO
AUTOS
BAA55122284
06/23/2013
06/23/2014
COMBBIINED SINGLE LIMIT
(Ea adantlB
S 1,000,000
BODILY INJURY (Per person)
S
BODILY INJURYPeracodent
( )
S
PROPERTY DAMAGE
(PER ACCIDENT)
S
S
UMBRELLA UAB
EXCESS UAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
S
AGGREGATE
$
DED RETENTIONS
S
A
WORKERS COMPENSATION
ANDEMPLOYERS' LIABILrrY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
I yes. descnbe under
DESCRIPTION OF OPERATIONS below
N / A
BKS55122284
06/23/2013
06123/2014
WC STATU-
TORY UNITS
OTH-
FR
E.L EACH ACCIDENT
5 1,000,000
E.L DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
5 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, a mom space Is requhed)
Protect 214-1717 HMA Challenge Sample Testing - CIP 0180
City of Spokane Valley Is additional insured with respects to general liability as permitted by the po Icy.
CERTIFICATE HOLDER
CANCELLATION
City of Spokane Valley
11707E Sprague Ave, Ste 106
Spokane Valley, WA 99206
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2010/05)
@ 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
L