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09-033.00 Budinger & Associates: Materials Testing & SamplingAMENDMENT TO . AGREEMENT FOR PROFESSIONAL SERVICES BUDINGER & ASSOCIATES, INC. Materials Testing and Sampling Services Contract #07 -023 THIS AMENDMENT No.1 is made to the Agreement for Professional Services dated October 4' 2007 by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Budinger and Associates, Inc., hereinafter "Consultant" and jointly referred to as "parties." Pursuant to Sections 1 C and 18 of the Agreement, the parties hereby agree to amend the Agreement. The City agrees to pay Consultant up to $14,656.50 for the additional services provided for in this Amendment to the Agreement. Exhibits to this Amendment are as follows: 1. Professional Services Agreement dated October 4, 2007 Original Contract Amount $ 26,620.80 Prior amendments $ 0.00 Current Amendment Amount $ 14,035.70 Amended Contract Amount $ 40,656.50 The remainder of the Agreement will remain unchanged by this Amendment. IN SS WHEREOF, the parties have executed this Agreement this day of ' 2009. CITY OF SPOKANE VALLEY: W 1 � 1 David Mercier, 1 Manager ATTES . hristine Bainbridge, City Clerk This document contains confidential tax information and has been redacted p ursuant 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. CONSULTANT: BUDINGER & ASSOCIATES, INC. AS TO FORM: Office the City Olney Tschirley to Hodges \Consultant Contracts \Budinger \Contracts\Budinger Amendmentl 1- 12 -08. doe C09 -033 jam 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ dtyhatl@spokanevalley.org Memorandum To: Mike Jackson; Neil Kersten From: Shane Arlt QAI-01 Date: 315109 Re: Appleway Avenue — Budinger Contract A timeline of events is listed below: October 4, 2007 - The original contract with Budinger and Associates was executed for Materials Testing and Sampling Services for the Appleway Project. The amount of the contract was $26,620.80 plus a management reserve of $2,662.08 for a total contract amount of $29,282.88. March 17, 2008 — The notice to proceed was issued to the low bidder on the Appleway Project and construction began. August 8, 2008 — The City had received invoices totaling $23,159.00 from Budinger and Associates. I should have recognized at this time that we were approaching the limit of the contract but I did not. September 5, 2008 — Received an invoice from Budinger and Associates for their billable hours for August. This total was $17,128.00. I realized this amount would exceed the compensation in the Agreement for Professional Services. I proceeded to coordinate with the Finance department to get an invoice history report. I contacted Kyle Sanford with Budinger and Associates regarding billings. Minor work will be scheduled for September and this will conclude Budinger's testing services on the Appleway Project. October 3, 2008 — Received invoice history report from Finance. October 6, 2008 — Received final billing from Budinger for work completed during September. The final billable amount is $40,656.50. I discussed with Kyle that the City could not pay the invoices M07309 -6 received on September 5 and M07309 -7 received on October a until an amendment to the original agreement was executed. Kyle and I will discuss hours when time allows. January — Kyle and I reviewed hours per task — Cost overruns are as follows: Earthwork — Approximately 20% over estimated costs. Concrete — Approximately 20 % Under estimated costs. • Asphalt — Approximately 50% over run in technician hours and Volumetrics Testing was not included in the original estimate. The cost overruns for testing and sampling services were mainly attributed to the asphalt operations. Due to the fact that the contractor, Knife River was only paving their second large project a test section was completed to verify the mix properties and consistency. This required additional testing. Their production rate was about half of what we had estimated thus inspection and testing doubled. ACORD M CIWICATE OF LIABILITY INSURANCE w DA 03131 009 PRODUCER Phone. (360) 598 Fax (360) 598 - 3703 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MICHAEL J. HALL & COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HALL & COMPANY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1966010TH AVENUE N .E. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POULSSO WA 98370 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Beazley Insurance Company Inc 10040501 Budinger & Associates Inc INSURER B 1101 N Fancher Road Spokane Valley WA 99212 INSURER C Spokane Valley, WA 99206 INSURER D ' DATE fMMIDDfYYI INSURER E 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 OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS City Hall I AODL LT R INSRO TYPE OF INSURANCE POLICY NUMBER POLICY CT^� LT POLICY � T LIMITS Spokane Valley, WA 99206 DATE (WRIDIM DATE fMMIDDfYYI GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES PREMISES (Ee oocure =) CLAIMS MADE OCCUR I MED EXP (Anyone person) $ PERSONAL & ADV INJURY i $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY I (Per Dew) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ I PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO I OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY I EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ I I $ WORKERS COMPENSATION AND WC STATU- I OTHER TORY LIMITS EMPLOYERS• LIABILITY I ANY PROPRIETORIPARTNt RMIECUflYE E L EACH ACCIDENT $ OFFICERWEMBER EIICUMED? I E L DISEASE -EA EMPLOYEE $ It yes. describe under SPECIAL PROVISIONS E L DISEASE -POLICY LIMIT $ OTHER V15QZD09PNPA 02128109 02128110 1$1,000,000 PER CLAIM A PROFESSIONAL LIABILITY POLICY $ 2,000,000 AGGREGATE CLAIMS MADE FORM DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Project: Broadway/Fancher Intersection Materials Testing "IN THE EVENT OF NON - PAYMENT OF PREMIUM, ONLY 10 DAYS NOTICE OF CANCELLATION SHALL BE GIVEN" Ur-K I IrIL;A 1 It MULUCK CA11If PI 1 ATInu AI:r; KU AD JAUU11U5) ceniticate v 92813 © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE C Of Sp o kane V811@ y EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT City Hall 11707 E Sprague Ave., Suite 106 Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE 1. Attention: Matthew L Copus AI:r; KU AD JAUU11U5) ceniticate v 92813 © ACORD CORPORATION 1988 ACORD 25-S (2001 /08) Certficate #92813