Loading...
09-119.00 Budinger & Associates: Broadway Rehab Ph 2 Geotech SvcsLocal Agency Standard Consultant Agreement ® Architectural /Engineering Agreement ❑ Personal Services Agreement 09 -023 Federal Aid Number STPUS 3846 (008) Agreement Type (Choose one) E] Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method ❑ Actual Cost ❑ Actual Cost Not To Exceed ❑ Fixed Overhead Rate Fixed Fee $ ® Specific Rates Of Pay ❑ Negotiated Hourly Rate ® Provisional Hourly Rate ❑ Cost Per Unit of Work Consultant/Address/Telephone Budinger & Associates, Inc. 1101 N. Fancher Rd. Spokane Valley, WA 99212 PH: (509) 535 -8841 FAX: (509) 535 -9589 Project Title And Work Description Broadway Rehabilitation Project - Phase 2 Geotech services per Nov. 24, 2008 C. Aldworth RFP letter. DBE Participation I ❑ Yes ® No % Federal ID Number or Social Security Number REDACTED Do you require a 1099 for IRS? Completion Date ® Yes ❑ No December 31, 2009 Total Amount Authorized $ 8,112.20 Management Reserve Fund $ Maximum Amount Payable $ 811.00 8,923.20 Index of Exhibits (Check all that apply): ® Exhibit A -1 Scope of Work ❑ Exhibit A -2 Task Order Agreement ❑ Exhibit B -1 DBE Utilization Certification ® Exhibit C Electronic Exchange of Data ❑ Exhibit D -1 Payment - Lump Sum ❑ Exhibit D -2 Payment - Cost Plus ® Exhibit D -3 Payment - Hourly Rate ❑ Exhibit D -4 Payment - Provisional ❑ Exhibit E -1 Fee - Lump/Fixed/Unit ® Exhibit E -2 Fee - Specific Rates ® Exhibit F Overhead Cost ❑ Exhibit G Subcontracted Work ❑ Exhibit G -1 Subconsultant Fee ❑ Exhibit G -2 Fee -Sub Specific Rates ❑ Exhibit G -3 Sub Overhead Cost ® Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreemer ® Exhibit J Alleged Consultant Design Error Procedi ® Exhibit K Consultant Claim Procedures ® Exhibit L Liability Insurance Increase ® Exhibit M -la Consultant Certification ® Exhibit M -lb Agency Official Certification ® Exhibit M -2 Certification - Primary ® Exhibit M -3 Lobbying Certification ® Exhibit M -4 Pricing Data Certification ® App. 31.910 Supplemental Signature Page 2009 , THIS AGREEMENT, made and entered into this / day of ;��, I between the Local Agency of City of Spokane Valley , Washington, hereinafter called the "AGENT and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Revised 3/2008 Page 1 of 8 FILE c ca c 0 f0 E 0 C c m x N � M +' N 00 ca 3 c U -° o 4 J_ „ o c V � a 3 c � �f0 3 c c. 0 d Y C f4 v � E ED 3 C V o W � ,3 � N N v 3 10 — a, O j v co a) — c c ca cu U_ Y Q O � c � � O w i C L � � Q O �, o o Co > U N p Ln cu O Ln - 0 U D Ln O 0) > N - 0 U U o Q O +, c a (6 Q c E U • =3 Ca C to o ° �- � %/ Vi ■ 0109- 1 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROTECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROTECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT - assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (i1BE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M("E firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such ins =eats of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREENCENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub- consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub- consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub- consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a cons"dence of any act or omission on the part of the CONSULTANT'S employed ,c other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a fall- or part -time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. Vill Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "`H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at anytime upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the mount to be paid shall be determined by the AGENCY with consideration g.. an to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREE, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section MV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K ". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior count of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars (51,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exlu'bit' L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6of8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully cumplied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit 1 %4 -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit'%1 -3" is required only in AGREEMENTS over $100,000 and Exhibit "M4" is required only in AGREEMENTS over $500,000. Will Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terns hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof Page 7 of 8 'Ih�witri�et.t',Wher bereto,have executed �this AGREE, ENT s,of the day any r shown In t h "EXecu . ton, P box- on,ppgd one (1) of this. AGREEMENT; .By .00 Cons ht Lr) iA s5 a c- JO.Cl 'By Agency Cam, „ R., � DOT,- Forml 40-089,r=F Page 9 of 8 Revised 312008 Exhibit A-I Scope of -Work Proj ectNo. 09-023 Gbbte&A al mPnn'caq- n 6r N6yernher 9-4.10(19 C. A IdworthAen"est f Prn j3 nqAl Documents To'Be Furnished By The Consultant (j = orf-m - ntmining. am em ent c - pte dat -:and sub gr gde,'M o dilhis ted r _P DOT, Form-140-089 EFEWMAA Revised 6105. ' S �ka 000000 S %%a% � ,,;O November 24, 2008 John Finnegan, P.E. Budinger and Associates 1101 N. Fancher Rd Spokane Valley, WA 99212 Public Works Department Capital Improvement Program 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallospokanevalley.org Re: Request for Proposal for Geoteclinical Exploration: Services Broadway Avenue Rehabilitation Project - Phase 2 CM No. 0066 Dear John: Please prepare a proposal for providing Geotechnical Exploration Services for the Broadway Avenue Rehabilitation Project - Phase 2. Project Description The project will grind and overlay Broadway Avenue a distance of approximately 1,900 ft from —200 feet east of Fancher Avenue to the edge of the existing Portland Cement Concrete Pavement 300 ft west of the Thierman Rd intersection. See the attached Conceptual Plans. Existing Roadway Description The existing 48 to 50 foot wide roadway is surfaced with asphalt concrete pavement (ACP) and bituminous surface treatment (BST) of unknown thickness. The roadway profile is flat with centerline grade less than 1 %. The Soil Conservation Service maps the soils within the project as Garrison Gravelly Loam. The soils are excessively drained with more than an 60 inch depth. The county constricted the sanitary sewer approximately 15 years ago. It crosses Broadway approximately 500 feet west of Lake Road and then stays on the north side of the street from Lake Rd to Thierman Rd. The road was reconstructed north of centerline from Lake Road to Thierman Rd. The City will email you County as -built data when it is obtained. Catchbasins with spill control separators will be installed upstream of each existing drywell. Description of Tashi 1. Coordinate clearance of existing utilities by contacting the local One -call Service before beginning explorations. The exploration locations will be marked in advance of the scheduled field work. 2. Traffic control services shall be provided under subcontract to Consultant. Traffic control will include closing one lane of traffic for each exploration, requiring flaggers and signage during drilling and patching activities. Geotechnical Exploration Services RFP - Broadway Ave Rehabilit,.,n Project Phase 2 Pg 2 3. Exploration of existing subgrade, road section and pavement thicknesses and groundwater conditions within the limits of the project site by drilling 4 borings; at approximately 1000 foot on center; each to a depth on the order of about 5 feet below existing pavement grade. Samples of soil encountered in the borings will be obtained at approximate 2 -1/2 foot depth intervals using a 2.4 inch, inside diameter, split barrel sampler. After each boring is completed, the hole will be backfilled and the pavement repaired with quick - setting concrete mix. The explorations will be monitored on full-time basis by an engineer employed by the consultant, who will obtain samples, classify the soils encountered, record groundwater conditions (if observed) and prepare a detailed log of each exploration. 4. Laboratory analyses of select soil samples obtained from the roadway borings. The laboratory testing program will include gradation analyses, subgrade proctors, and determination of subgrade bearing strength. Break out the cost of determining the subgrade bearing strength. This work may be deleted from the contract. 5. Summarize exploratory findings along with supporting calculations, field and laboratory information in a written report. The consultant shall provide a draft report for City review and incorporate City comments before submitting the final report. Schedule Provide a schedule showing dates for completion of field work and submittal of the review draft of the report. The final report shall be submitted within one week of receiving the City review comments of the draft report. Compensation. From the proposed schedule, develop a time and materials cost for the project. The City will add a 10% Management Reserve Fund to the project budget. Contract The City will email you a WSDOT Consultant Agreement. After you sign and date, the City will execute the contract by signing. Insurance The certificate must provide for a minimum of 30 days prior written notice to City of Spokane Valley for any cancellation or reduction of coverage. The City prohibits the Insurance provider from disclaiming responsibility for failing to notify the City of insurance cancellation. Any such clause on the ACCORD form must be struck. Please call me at 688 -0247 if you have any questions. I look forward to working with you and your staff on this project. Sincerer►, Craig Aldworth, P.E. CIP Project Engineer encl: Conceptual Project Plans Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided H. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A. Agency Sdflware Suite B. Electronic Messaging System C. File Transfers Format DOT Form 140 -089 EF Exhlbft C Revised 6105 Exhibit D-4 Payment (Provisional Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done based upon the provisional hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The actual hourly rates will be determined by an audit of the CONSULTANT'S last completed fiscal year and/or their current projected fiscal year. The provisional and/or audited rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREENEWT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEN04T. In the event re- negotiation of the hourly rates is conducted, the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the re- negotiation accordingly. Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments. 2. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.20546 "Travel Costs." b. The billing for Direct Non - Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. DOT used s0-0ioe EF Exhibit D-4 d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AOREENIENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREE ffiNT. The amount included for the Management Reserve Fund is shown in the heading of this AC T . This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section HIV,' Extra Work2"4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREWENT shall not exceed the amount shown in the beading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section MY, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 4. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billings shall be supported by detailed statements for hours expended at the rates established in Exhibit "E" including names and classfiications of all employees, and billings for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct. employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 5. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEAffNT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final. Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (3 0) days of notice of the overpayment:. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 6: inspf i of Cost rords:'The CONSUL- TANT their,�sub =� .sultants T keep available for inspection - ,by representatives of the STATEand' the United States, for a period of three (3,) years after receipt of fuial payment, the cost records and accounts pertaining to .thus -AG and all items related to or bearing up n:lhese records with the following exception: if oy-litigation, claim or audit�arising out.of; in.connect -on with, or related to this :contract is initiated Before the expiration of the ffi ee,(3):year period;- the cost records.'and accounts. shall be until. such. litigation, claim, or involving the records.is completed. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Cost Estimate (Subconsultant Fee Determination Summary Sheet) contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). 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. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Exhibit E -2 / Consultant Fee Determination - Summary Sheet) contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). 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. Exhibit H Title VI Assurances During the performance of this AG REENI N T, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the `TEGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention ofsub- consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - dis on the grounds of race, color, sex, Or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant hereto, and shall permit access to its books, records, accounts, other sources of informations, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FAA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to ftun.ish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the F WA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGR MENT, the AGENCY shall impose such AGREENIENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT tinder the AGREEN0 until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of the AGREENffiNT, in whole or in part DoT Farm 14"B9 EF Exhlblt H RaVlsed 0105 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140.089 EF ExhibN I Revised 8/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Errors) After discussion of the alleged design errors) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design errors) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design errors). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region DOT Form 140 -089 EF EAU J Revised 6105 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is notable to reach mutual agreement with the consultant, proceed to Step 5. Step S — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to ILP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seep settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claims) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1— Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Fay 140 -089 EF E*b,t K Revised BIOS If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 —Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claims) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Exhibit M -I (a) Certification Of Consultant Project No. 09 -023 Local Agency I hereby certify that I am representative of the firm of and duly authorized Budinger & Associates, Inc. whose address is firm I here represent has: and that neither I nor the above (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. t9 / Date nature DOT Form 140.089 EF Exhibit M-1(a) Revised 6105 Exhibit M-1 (b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Spokane Valley , Washington, and that the consulting firm or its representative has not been rewired, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREENffNT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. ol?.13109 1 1 ate DOT Form 140.089 EF Exhibit M -1(b) Revised 6106 • 0 9 a I. IL Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters- Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. 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 under 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; C. 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 (1) (B). of this certification; and D. Have not within a three (3) year period preceding this appfication/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 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 proposal. Consultant (Firm): Budinger & Associates, Inc. 1/ 19/`9 Date) ( or 9thorized Official of Consultant DOT Form 140.089 EF Exhlblt M-2 Revised B/D5 • .* w Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.1f any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,004 for each such failure. The prospective participant also agrees by submitting Ws or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): Budinger & Associates, Inc. _ -1191 e (Date) (Sfg ) P rit or orind Of dal of Consultant DOT Form 140 -089 EF B ibit M -3 Revised W06 • $ i Exhibit M -4 Certificate of Current Cost or Pricing Data This is to cer* that to the best of my knowledge and belief, the cost or pricing data (as defined in section 1 5.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of are accurate, complete, and current as of * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm Budinger & Associates, Inc. Name Title Date of Execution"* zo � h-9 * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., FFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140080 E.F EOU M-4 Revised 6105 IF . Supplemental Signature Consultant/Address/Telephone Budinger & Associates, Inc. Page for 1101 N. Fancher Rd. Standard Consultant Spokane Valley, WA 99212 Agreement Agreement Number Project Tale And Work Description 09 -023 Broadway Rehabilitation Project - Phase 2 Federal Aid Number STPUS 3 846 (008) Geotech services per Nov. 24, 2008 C. Local Agency Aldworth RFP letter. City of Spokane Valley THIS AGREEMENT, made and entered into this � day of 2009 , between the Local Agency of City of S pokane Valley Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT°. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT By r Consultan g efJ ' il OV4 WIr- LOCAL AGENCY 1 By 04-t Agency By Consultant By Agency By Agency By Agency DOT FForm1,4 6-105 EF Appendix 31.910 ACORO CEf PRODUCER Payne Financial Group, Inc. Courtyard Office Center 827 W . First Avenue, Suite 225 Spokane, WA 99201 INSURED 'IFICi _ .'E OF LIABILITY INSU► ANC" 09110108 (MMID 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. Budinger & Associates, Inc 1101 N Fancher Rd Spokane Valley, WA 99212 INSURERS AFFORDING COVERAGE NAIC 8 INSURER A: Continental Western INSURER B: INSURER C: INSURER D: INSURER E COVERAGES 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. I PO CY EFFEp TIVE POLICY EXPIRATION NS TYPE OF INSURANCE POLICY NUMBER DAM LIMITS A GENERAL LIABILITY X COMMERCWL GENERAL LIABILITY CWP2777293 08/06108 08/06/09 EACH OCCURRENCE $ 1,000, 000 GE TO RENTED $300 MED EXP (Any one person) $10,000 CLAIMS MADE a OCCUR PERSONAL a ADV INJURY S1,000,000 GENERAL AGGREGATE s2 000 000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG s2 000 000 POUCY PRA LOC A AUTOMOBILE LIABILITY ANY AUTO CWP2777293 08106/08 08/06/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X 80DILY INJURY (Per asxident) $ HIRED AUTOS NON-OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG S ANY AUTO S A EXCESSIUMBRELLA LIABILITY CU2780492 08/06108 08/06/09 EACH OCCURRENCE $3.000.000 AGGREGATE s3, 000,000 X1 OCCUR F� CLAIMS L1ADE s $ DEDUCTIBLE $ X RETe MON $ 10000 WORKER$ COMPENSATION AND Wa Stop Gap OR STATUS o R E.L. EACH ACCIDENT $1,000,000 A EMP-OYEW UMUTY ANY PROPRiETOR/PARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? CWP2777293 08/06/08 08/06109 E.L DISEASE - EA EMPLOYEE $1,0000000 E.L DISEASE - POUCY LIMIT 51,000,000 If yas. des aft under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Spokane Valley is included as an additional Insured as granted by the policy, re Broadway Rehabilitation Project, Phase 2. *Notification of cancellation due to non - payment of premium will always be 10 days. City of Spokane Valley 11707 E Sprague Ave Spokane, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL RRRR MALL *se DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, REPRESENTATIVE• ACORD 25 (2001/08) 1 of 2 #346921 KG1 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms 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). DISCLAIMER The Certificate of Insurance on the reverse side of this fort does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 254S (2001108) 2 of 2 #346921 QRID .TM. CER PRODUCER Phone: (360)59W700 ' MICHAEL J. HALL S COMPAiC HALL & COMPANY 1966010TH AVENUE N.E. POULSBO WA 98370 FICAT' OF LIABILITY INSURANCE DATE 0211912009 0) 703 THIS CERTIFICATE IS 15..#JED AS A ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UK,.. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE INSURED BUDINGER & ASSOCIATES INC C/O INTERMOUNTAIN MATERIALS TESTING 3820 EAST BROADWAY SPOKANE WA 99202 COVERAGES INSURER A: Beazley Insurance Com INSURER B: INSURER C: INSURER D: INSURER E Inc NAIC # 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. 'NSa LTR INSR TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTrve DATE POUCY EXPIRATION DATEIMM)DI)fM LIMITS GENERAL UABIUTY e EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY AGES $ CLAIMS MADE OCCUR MED. EXP (Any one porson) s PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GENt AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG. $ POLICY 7 JJECTT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) s BODILY INJURY ALL OWNED AUTOS (Per Demon) $ SCHEDULED AUTOS BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE S Per accident GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC s ANY AUTO $ AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE s AGGREGATE S OCCUR FI CLAIMS MADE 5 DEDUCTIBLE $ 5 RETENTION $ WORKERS COMPENSATION AND WC 8TATtl6 TORY LIMITS CITHER E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY vROPReTOWARTNERMecuTIVE OWFICERIKE MBER EXCLU11eD7 E.L. DISEASE -EA EMPLOYEE IS 01** desedbe under E.L. DISEASE -P000Y LIMB i s BPECU1 PROVISIONS below OTHER VI SQZ009PNPA 02/28109 02128110 $ 1,000,000 PER CLAIM A PROFESSIONAL LIABILITY POLICY s 2,000,000 AGGREGATE CLAIMS MADE FORM DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Project: Broadway Rehabilitation Phase 11 "IN THE EVENT OF NON - PAYMENT OF PREMIUM, ONLY 10 DAYS NOTICE OF CANCELLATION SHALL BE GIVEN CERTIFICATE HOLDER City of Spokane Valley City Hall 11707 E Sprague Ave., Suite 106 Spokane Valley, WA 99206 Attention: ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. /, Matthew L. Copus Certificate # 90680 4 ACORD CORPORATION 1988 V ow w IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terns 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) Certificate #90680 9 1 Client#: 83101 BUDINGER ACORD CER" =KATE OF LIABILITY INSURANCC 07/24/2009 PRODUCER Payne Financial Group, Inc. Courty Office Center 827 W. First Avenue, Suite 225 Spokane, WA 99201 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 0 INSURED Budinger & Associates, Inc 1101 N Fancher Rd Spokane Valley, WA 99212 ENS A- Continental Western POLICY EFFECTIVE DATE MMIDD/YY INSURER 8 OMITS INSURER C. A INSURER D GENERAL IvSURER E: CWP277729322 COVERAGES 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE M DD OMITS A GENERAL LIABILITY CWP277729322 08/06/08 08/06109 EACH OCCURRENCE $1 CO=MMERCIAL GENERAL LIA&LITY X DAMAGE TO RENTED $300 000 CLAIMS MADE OCCUR MED EXP (Any one person) $1 PERSONAL & ADV INJURY S1.000. GENERAL AGGREGATE $2,000,000 GEWL AGGREGATE LIMIT APPL=ES PER. PRODUCTS - COMP/OP AGG s2,000,000 POLICY PRO LOC JE A AUTOMOBILE LIABILITY X ANY AUTO CWP277729322 08/06/08 08/06109 COMBINED SINGLE LIMIT (Ea accident) $1 000,000 BODILY INJURY (Per person) � ALL OWNED AUTOS SCHEDULED AUTOS BODiLY INJURY (Per acadent) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN $ ANY AUTO $ AUTO ONLY: AGG A EXCESSIUMBRELLA LIABILITY CU278049222 08/06/08 08/06/09 EACH OCCURRENCE $4, 000,000 7 X OCC%JR CLAIMS MADE AGGREGATE s4 OOO 000 $ $ DEDUCTIBLE s X RETENTION $10000 A WORKERS COMPENSATION AND APPCWP277729322 08106109 08106110 wC S TATU- E EMPLOYERS' UABILITY ANY PROPR'ETORIPARTNER11iXECUTIVE EL EACH ACCIDENT $ El DISEASE - EA EMPLOYEE $ OFFICEWMEMBER EXCLUDED? to yes, desuibe under SPECIAL PROVISIONS "law E L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Spokane Valley, their agents, officers and employees are additional insured with regards to Broadway Rehabilitation Project Phase 2. I;Lf1111114 City of Spokane Valley 11707 E Sprague Ave, Ste 106 Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WALL R%WWffl R MAIL ._.3,Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. K REPRESENTATIVE ACORD 25 (2001108) 1 of 2 #S412611 /M412610 Al C 0 ACORD CORPORATION 1988 IMPORTANT' If the certificate- holder is. an ADDITIONAL INSURE[Y; the policy(16s) must be endorsed._ A statement on this. certificate does not confer rights to.1he certificate holder in]ieu of such endorsement(s). 'If SUBROGATION IS; WAIVED, subject to the'terms 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). DISCLAIMER The Certificate "of Insurance on the reverse side of this form; does. not constitute a contract, between 'the issuing insuref (s), -authoriied representative or producer; and. the certificate 'holder, nor does it affirmatively, or , negatively 'amend, - extend or alter the coVerage -afforded by the policies listed thereon. ACORD 25-S (20010) 2 of ftS412611IM412610 rmftv%*s- fa24nt RU131NGFR � ACORU . CEFi FICATE OF LIABILITY INSURANC. 08 06/2009 �"' PRODUCER Payne Financial Group Inc. Cour Office Center �y 827 W. First Avenue, Suite 225 Spokane, WA 99201 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 Budinger & Associates, Inc 1101 N Fancher Rd Spokane Valley, WA 99212 INSURER A. Continental Western LIMITS IN B. EACH OCCURRENCE INSURER C: X COMMERC1A. GENERAL LIABILITY INSURER D: s300.000 ENSURER E MED EXP (Any one pemon) e-nvCOArCC 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. INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY C EFFECTIVE POLICY EXPIRATION LTR LIMITS A GENERAL LIABILITY CWP277729323 08106109 08106110 EACH OCCURRENCE 51 000 000 X COMMERC1A. GENERAL LIABILITY PREMI E TO RENTER n s300.000 CLAIMS MADE F-X-1 OCCUR MED EXP (Any one pemon) $1 PERSONAL a ADV INJURY $1,000,000 GENERAL AGGREGATE s2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS . COMPIOP AGG s2, 000,000 POLICY X PR� LOC O A AUTOMOBILE LIABILITY CWP277729323 08106/09 08106110 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) BODILY INJURY S ALL OWNED AUTOS (Per person) SCHEDULED AUTOS BODILY INJURY $ X HIRED AUTOS X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO S R AUTO ONLY: AGG A EXCESSIUMBRELLA LIABILITY CU278049223 08106/09 08106/10 EACH OCCURRENCE $4 000 000 AGGREGATE s4,000,000 X OCCUR FI CLAIMS MADE 5 $ S X I DEDUCTIBLE REMI S 10000 A WORKERS COMPENSATION AND CWP277729323 08106/09 08106/10 TO RY R LIMIT fi E L EACH ACCIDENT $1 000 00 EMPLOYERS' LIABILITY Wa Stop Gap E L DISEASE • EAEMPLOYEE $1, ANY PROPRIETORIPARTNERlEXECUTIVE OFFi CERIMEMBER F-XCLUDE07 E L. DISEASE •POLICY LIMIT I S1 000.000 If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Spokane Valley, their agents, officers and employees are additional insured with regards to Broadway Rehabilitation Project Phase 2. RTIFICATE City of Spokane Valley 11707 E Sprague Ave, Ste 106 Spokane Valley, WA 99206 10 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL RVa@VMM MAIL 3n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, REPRESENTATIVE ACORD 25 (2001108) 1 of 2 #S4172081M417204 KG1 m ACORD CORPORATION 1988 IM RTANT If the- certificate holdef, is an ADDITIONAL INSURED, .the policy (ies) must be endorsed. A statement on this certificate does not confer rights -do the "dertificate, holder in,lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject 'to the terms 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), DISCLAIMER The Certificate of ,Insurance on the reverse side, of this form does_ not constitute a contract between the Issuing Insurer(s), authorized representative or producer,.and the certificate holder, nor, does it affirmatively' or negatively amend, extend or "alter the coverage afforded by the policies listed thereon. ACQRD: 254 (2001108) 2 of 2 #S417208IM417204 � w EQIIRU M CERT IFICATE OF LIABIL INSURANCE I 08 DATE (MM/DDNYYY) /04/2010 PRODUCER Payne Financial Group, Inc. Courtyard Office Center 827 W. First Avenue, Suite 225 Spokane, WA 99201 INSURED Budinger & Associates, Inc 1101 N Fancher Rd Spokane Valley, WA 99212 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 AFFORDE BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC # INSURER A: Continental Western INSURER B: INSURER C: INSURER D: INSURER E: GOVtKACit, 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. INSR DD' I EFFECTIVE POLICY EXPIRATION DATE MM /DD LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE POLCY MM /DDIYY LIMITS A GENERAL LIABILITY CWP277729324 08/06110 08/06/11 EACH OCCURRENCE $1, 000,000 DAMAGE TO RENTED $3OO OOO X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) CLAIMS MADE FE OCCUR MED EXP (Any one person) $1 PERSONAL & ADV INJURY $1" 000,0 0 GENERAL AGGREGATE s2,000. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2 OOO OOO POLICY -X] JIECOT A AUTOMOBILE LIABILITY CWP277729324 08/06/10 08/06/11 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO J ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) $ X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESSIUMBRELLA LIABILITY X OCCUR E CLAIMS MADE CU278049224 08106/10 08/06/11 EACH OCCURRENCE s 4, 000,000 AGGREGATE s4, 000,000 $ A DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND " EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER CWP277729324 WA Stop .Gap ' 08/06/10 08/06111 WC STATU- OTH- ORY E.L. EACH ACCIDENT $1, 000,0 0 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Spokane Valley, their agents, officers and employees are additional insured with regards to Broadway Rehabilitation Project Phase 2. TE City of Spokane Valley 11707 E Sprague Ave, Ste 106 Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL JUyaJ5MRJ§t MAIL 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,JQJtji/)Q K REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #S537815/M537808 Al C O ACORD CORPORATION 1988 C&9 - I lc�