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24-041.00GeoEngineersIncFloraCrossCountryComplex Contract No.24-041 AGREEMENT FOR PROFESSIONAL SERVICES Geo Engineers,Inc. THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City" and Geo Engineers, Inc., 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 Scope of Services, attached as Exhibit A. 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. 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 for the 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. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. 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. 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 December 31, 2024, unless the time for performance is extended in writing by the Parties. Flora Cross Country-Geo Engrs.Agrmt. Page 1 of 8 Contract No.24-041 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 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 an agreed upon hourly rate up to a maximum amount of $15,800.00 as full compensation for everything done under this Agreement, as set forth in Exhibit A. Consultant shall not perform any extra, further, 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 for that portion of the work(if any)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: TO THE CONSULTANT: Name: Marci Patterson, City Clerk Name: Teresa A.Dugger, Principal Phone: (509)720-5000 Phone: (509)209-2819 Address: 10210 East Sprague Avenue Address: 523 East Second Avenue Spokane Valley,WA 99206 Spokane, WA 99202 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 states that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations that are in effect during the term of this agreement and to the extent required by the professional standard of care. 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 of 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 statutes 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 Flora Cross Country-Geo Engrs.Agrmt. Page 2 of 8 Contract No.24-041 governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification; and 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 and agreed 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 chapter 42.56 RCW 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, 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's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO) form CA 00 01. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations, stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with Flora Cross Country-Geo Engrs.Agrmt. Page 3 of 8 Contract No.24-041 respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 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 $2,000,000 each occurrence, and$2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than$2,000,000 per claim and$2,000,000 policy aggregate limit. C. Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII and A:V for Professional Liability. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory Flora Cross Country-Geo Engrs.Agrmt. Page 4 of 8 Contract No.24-041 endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification 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, costs of litigation, expenses, injuries, and damages of any nature to the extent caused by the willful 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. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 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. A waiver in one instance shall not 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 prior 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 to anyone other than its employees,agents, and subcontractors and subconsultants on a need-to-know basis 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. Flora Cross Country-Geo Engrs.Agrmt. Page 5 of 8 Contract No.24-041 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, 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. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant, for itself,its assignees,and successors in interest agrees as follows: A. Compliance with Regulations. Consultant shall comply with the federal laws set forth in subsection G, below ("Pertinent Non-Discrimination Authorities") relative to non-discrimination in federally-assisted programs as adopted or amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Consultant,with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultants's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color, or national origin. D. Information and Reports. Consultant shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Consultant's noncompliance with the non- discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including,but not limited to: Flora Cross Country-Geo Engrs.Agrmt. Page 6 of 8 Contract No.24-041 1. Withholding payments to Consultant under the Agreement until Consultant complies; and/or 2. Cancelling,terminating,or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Consultant shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided,that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction,Consultant may request that the City enter into any litigation to protect the interests of the City. In addition,Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended,(prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131- Flora Cross Country-Geo Engrs.Agrmt. Page 7 of 8 Contract No.24-041 12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.). 23. 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. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services/Fee proposal B. Insurance Certificates The Parties have executed this Agreement this /0 day of ./r4rvvq- ./ ,2024. CITY OF SPOKANE VALLEY Consultant: O ly signed by Tee A Dugger DN:E=024 1 05 1 5 0 30-08130 . Teresa A. Dugger o' o�=rs m :rs c=;te Date;2024.01.05 1&2030-06'00' John Hohman, City Manager By: Teresa A. Dugger,Principal Its: Authorized Representative APPR VED AS TO FORM: Office the City A orney Flora Cross Country-Geo Engrs.Agrmt. Page 8 of 8 EXHIBIT A GEOENGINEERS_ 523 East Second Avenue Spokane,Washington 99202 509.363.3125 January 5,2024 City of Spokane Valley 10210 East Sprague Avenue Spokane Valley,Washington 99206 Attention:Glenn Ritter, PE Senior Engineer/Project Manager Subject: Proposal Geotechnical Engineering Evaluation Proposed Spokane Valley Cross County Complex on North Flora Road Spokane Valley,Washington File No. 11264-045-00 INTRODUCTION AND PROJECT UNDERSTANDING GeoEngineers, Inc. (GeoEngineers) is pleased to present this proposal for a geotechnical engineering evaluation to support the proposed Spokane Valley Cross Country Complex, located east of North Flora Road and south of Union Pacific Railroad (UPRR) right-of-way in Spokane Valley, Washington. Our understanding of the project is based on electronic correspondence that you provided on December 29, 2023. We understand the City of Spokane Valley(City)currently owns an approximate 60-acre parcel bounded by UPRR right-of-way to the north, North Flora Road to the west,and the Spokane River to the south and east. The site is currently undeveloped and grades gently to the south for the initial, approximate 1,000 feet before declining moderately to steeply over the lower approximate 500 feet down to the Spokane River. Conceptual drawings indicate the proposed Cross-Country Complex could include: (1) site grading to support a cross country course;(2)cyclocross course and disc golf;(3)construction of a group shelter;and (4)clubhouse,amphitheater, playground/play equipment and restroom facilities.Additional improvements will include paved pathways and a parking lot and stormwater facilities to manage stormwater runoff. We further understand that Phase 1 improvements are limited to the northwest project limits and include evaluation of the parking lot, restrooms,group shelter and clubhouse and an initial opinion on stormwater management. City of Spokane Valley. January 5,2024 Page 2 SCOPE OF SERVICES The purpose of our geotechnical engineering evaluation is to provide geotechnical recommendations for the design and construction of the proposed Phase 1 improvements, based on subsurface explorations, laboratory testing and engineering analyses. As part of our project approach, we recommend excavating test pits as a means of conducting the subsurface exploration program.Test pits will allow for more information to be collected over the course of 1 day; direct observation of subsurface soil conditions; more accurate measurements of topsoil and soil layer thicknesses; and provide larger (more representative) samples for laboratory testing. Our specific scope of services includes: 1. Reviewing our files and readily available public information such as soil surveys and geologic maps for existing subsurface information pertaining to the site. 2. Conducting a subsurface exploration program,which will include: a. Marking our exploration locations and contacting the One-call utility notification system in accordance with applicable state of Washington regulations. b. Completing 1 day of test pit exploration activities within the boundary of the Phase 1 improvement limits. For estimating purposes, we expect that eight to 10 test pits could be completed in 1 day. Test pits will be advanced to depths of about 8 to 12 feet below site grade(bgs).Our estimated layout of test pit locations is presented below. ^ 8 0 _ ` A- -. 0 ult.tsl.' 0 0 P z 0 - ' £' ;44 0 / Representative soil samples will be collected in each test pit. At the conclusion of excavation,test pits will be backfilled with the excavated soil,smoothed to a generally flat condition and tamped in place to limit future disturbance. c. Advancing two hand-auger explorations and completing two dynamic cone penetration (DCP) tests along the east shoulder of North Flora Road within the project limits. Hand-auger GEOENGINEERS. File No 11264-045-00 City of Spokane Valley. January 5,2024 Page 3 explorations will be completed to measure asphalt concrete and base course thickness of the existing roadway. DCP testing will be conducted to evaluate subgrade soil properties in support of pavement design. 3. Conducting geotechnical laboratory testing of select soil samples. We anticipate the testing program could include four to eight grain-size analyses and one modified proctor. Geotechnical laboratory tests will be completed in our Spokane laboratory in general accordance with applicable ASTM International (ASTM)standards. One each pH and resistivity and two each organic matter content(OMC)and cation exchange capacity(CAC)tests will be performed by a soil laboratory under contract to GeoEngineers. Soil laboratory tests will be completed in general accordance with applicable standards. 4. Recommendations for design and construction including: a. Recommendations for site preparation and earthwork, including suitability of on-site soil for reuse as structural fill,subgrade preparation,fill placement and compaction,and mitigation of unsuitable soil that might be present at subgrade. b. Recommendations for design and construction of shallow spread foundations including allowable soil bearing pressures, soil parameters for estimating resistance to lateral loads, estimates of foundation settlement,and minimum footing widths and embedment depths. c. Recommendations for design of slab-on-grade floors including modulus of vertical subgrade reaction, capillary break recommendations and discussion of use of vapor barriers. d. Recommendations for allowable temporary and permanent slope inclinations. e. Recommendations for seismic site class based on the 2018 International Building Code(IBC). Our recommendations will be based on parameters provided in the code. Our services do not include a site-specific seismic evaluation. f. Up to three thickness recommendations for standard-duty and heavy-duty pavements. Our recommendation will include recommendations for subgrade preparation and design recommendations hot-mix asphalt(HMA)surfacing and crushed surfacing base course(CSBC). We will rely on the City to provide traffic information(vehicles per day and percent truck traffic). g. Recommendations for on-site disposal of stormwater including applicable criteria for sizing swales and allowable drywell outflow rates. Our recommendations for outflow rates will be based on the Spokane 200 Method as outlined in the Spokane Regional Stormwater Manual. 5. A final written report containing our findings, conclusions and recommendations. SCHEDULE, COST ESTIMATE AND CONTRACT TERMS We are available to begin fieldwork within approximately 2 weeks of authorization, pending subcontractor availability.We anticipate fieldwork will take 1 day to complete. Laboratory test results should be available within about 2 weeks of the completion of fieldwork. Our final report should be available approximately 4 to 6 weeks from completion of fieldwork. We anticipate that our services will be completed in accordance with negotiated and mutually agreed upon terms and conditions provided by the City. Fees for our services will be determined on a time-and-materials GEOENGINEERS File No.11264-045-00 City of Spokane Valley. January 5,2024 Page 4 basis in accordance with our Schedule of Charges,which are attached and part of this agreement. For the scopes of service provided above we estimate our fee will be$15,800. LIMITATIONS There are no intended third-party beneficiaries arising from the services described in this proposal and no party other than the party executing this proposal shall have the right to legally rely on the product of our services without prior written permission of GeoEngineers. This proposal is valid for a period of 60 days commencing from the first date listed above and subject to renegotiation by GeoEngineers, Inc.,after the expiration date. We appreciate the opportunity to assist you with these proposed services.If there are any questions related to the scope of services outlined above, please contact the undersigned. Sincerely, GeoEngineers, Inc. 8"4:41, IYL,Y1� 7'►Erik J.ArnsPE, LG eresa A. Dugger, PE Senior Engineer Principal EJA:TAD:scb Attachments: Schedule of Charges-Spokane-Boise-Kennewick-Local Agency 2024 One copy submitted electronically Proprietary Notice:The contents of this document are proprietary to GeoEngineers,Inc.and are intended solely for use by our clients and their design teams to evaluate GeoEngineers'capabilities and understanding of project requirements as they relate to performing the services proposed for a specific project Copies of this document or its contents may not be disclosed to any other parties without the written consent of GeoEngineers. Disclaimer:Any electronic form,facsimile or hard copy of the original document(email,text,table and/or figure),if provided,and any attachments are only a copy of the original document.The original document is stored by GeoEngineers,Inc.and will serve as the official document of record. Copyright®2024 by Geoengineers,Inc.All rights reserved. GEOENGINEERS� File No.11264-045-00 Schedule of Charges - 2024 COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or services agreement.Current rates are: Professional Staff Staff 1 Scientist $ 127/hour Staff 1 Engineer $ 133/hour Staff 2 Scientist $ 140/hour Staff 2 Engineer $ 145/hour Staff 3 Scientist $ 155/hour Staff 3 Engineer $ 158/hour Project Engineer/Scientist 1 $ 162/hour Project Engineer/Scientist 2 $ 173/hour Senior Scientist 1 $ 184/hour Senior Engineer 1 $ 193/hour Senior Scientist 2 $ 193/hour Senior Engineer 2 $ 205/hour Associate $ - 232/hour Principal $ 262/hour Senior Principal $; 267/hour Technical Support Staff Administrator 1 $ 88/hour Administrator 2 $ 95/hour Administrator 3 $ 100/hour CAD Technician $ 109/hour CAD Designer $ 125/hour Senior CAD Designer $ 150/hour GIS Analyst $ 140/hour Senior GIS Analyst $ 150/hour GIS Coordinator $ 160/hour *Technician $ 87/hour *Senior Technician $ 98/hour *Lead Technician $ 110/hour Environmental Database Manager $ 162/hour Health and Safety Specialist $ 119/hour Health and Safety Manager $ 160/hour *Hours in excess of 8 hours in a day or 40 hours in a week will be charged at one and one-quarter times the hourly rates listed above. Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff time spent providing expert services in disputes,mediation,arbitration and litigation will be billed at one and one-half times the above rates.Time spent in either local or inter-city travel,when travel is in the interest of this contract,will be charged in accordance with the foregoing schedule. A surcharge may be applied to night and weekend work.See proposal for details. Rates for data storage and web-based access will be provided on a project-specific basis. Schedule_Spokane-Boise-Kennewick-Local Agency-2024 G EO E N G I N E E R S� Spokane-Boise-Kennewick-Local Agency Schedule of Charges ' 2024 Page 2 of 2 Equipment Air Quality Monitoring Package,per day $ 210.00 Asbestos/Lead Paint Sampling Equipment Package,per day $ 160.00 Environmental Exploration Equipment Package,per day $ 230.00 Field Exploration Equipment Package(marking paint,stakes,survey flagging, $ 50.00 other misc.supplies) Geotechnical Exploration Equipment Package,per day $ 175.00 Groundwater Monitoring&Sampling Equipment(Bladder Pump)Package,per day $ 460.00 Groundwater Monitoring&Sampling Equipment(Peristaltic Pump)Package,per day $ 330.00 Surface Water Quality Monitoring Equipment Package,per day $ 200.00 Operations and Maintenance Equipment Package,per day $ 300.00 Rock/Slope Fall Protection/Rigging Equipment Package,per day $ 600.00 Specialized Equipment Field Data Acquisition Equipment(Field Tablet),per day $ 75.00 Flow Meter,per day $ 150.00 Gas Detection Meters,per day $ 150.00 Hydro Multi Meter Probe,per day $ 80.00 Interface Probe,per day $ 65.00 Nuclear Density Gauge,$80/day,or$40/half-day $ 80.00/40.00 Photoionization Detector(PID),per day $ 130.00, Pressure Transducer with Data Logger,per day $ 155.00 Rock/Slope Fall Protection/Rigging Equipment,per day $ 700.00 Slope Indicator,per day $ 160.00 Turbidity Monitoring Meter,per day $ 50.00 Water Level Indicator,per day $ 50.00 Vehicle usage,per mile $ IRS Rate Vehicle-4-Wheel Drive Truck,per day(1 day min.) $ 100.00 Other Miscellaneous Field Equipment,at current rates,list available upon request,per day Specialized equipment will be quoted on a per job basis. OTHER SERVICES,SUPPLIES AND SPECIAL TAXES Charges for services,equipment,supplies and facilities not furnished in accordance with the above schedule,and any unusual items of expense not customarily incurred in our normal operations,are charged at cost plus 10 percent.This includes shipping charges,subsistence,transportation, printing and reproduction, miscellaneous supplies and rentals,surveying services,drilling equipment,construction equipment,watercraft,aircraft,and special insurance which may be required.Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. In-House Disposable Field Supplies Routinely used field supplies stocked in-house by GeoEngineers,at current rates, list available upon request. All rates are subject to change upon notification. GEOENGINEERS Client#: 326119 GEOENINC2 YYYY) /2024 M/DD/ ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1/07 DATE(MM/DD/ 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Please See Below NAME: USI Insurance Services NW CL PHICONE,No,Ext):206 441-6300 FAX (A/C,No): 610-362-8530 (A 601 Union Street,Suite 1000 E-MAIL Seattle.PLCertRequest@usi.com usi.com ADDRESS: Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Charter Oak Fire Insurance Company 25615 INSURED INSURER B:Travelers Property Cas.Co.of America 25674 GeoEngineers, Inc. FarmingtonCasualtyCompany41483 INSURER C: 9 17425 NE Union Hill Road,Suite 250 INSURER D:Allied World Assurance Co(US)Inc. 19489 Redmond,WA 98052 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP VI/VD LIMITS LTR INSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DDYYY) A X COMMERCIAL GENERAL LIABILITY X X P6308W600538C0F23 06/30/2023 06/30/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TORENTED $1,000,000 X Stop Gap MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: Stop Gap $1,000,000 B AUTOMOBILE LIABILITY X x 8108W4832012343G 06/30/2023 06/30/2024 CEa aOMBIccidNEent)D SINGLE LIMIT $1,000,000 ( X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR X X CUP8W6652292343 06/30/2023 06/30/2024 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE (Follow Form) AGGREGATE $10,000,000 DED X RETENTION$10000 $ C WORKERS COMPENSATION X UB9T8195922343G 06/30/2023 06/30/2024 X MUTE EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE Includes: E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) MEL/USL&H E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Pollution X X 03138963 06/30/2023 06/30/2024 10,000,000 Ea.Condition Liability 10,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: GEI Project No: 11264-045-00,Flora Cross Country Complex,Spokane Valley,Washington. The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to the City of Spokane Valley only when there is a written contract that requires such status,and only with regard to work performed by or on behalf of the named insured. CERTIFICATE HOLDER CANCELLATION Cityof Spokane ValleySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention: Marci Patterson,City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 10210 East Sprague Avenue Spokane Valley State,WA 99206 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S43262792/M40550727 TAGZP Terra Insurance Company " TERRA (A Risk Retention Group) Two Fifer Avenue, Suite 100 fix` INSURANCE COMPANY Corte Madera, CA 94925 DATE CERTIFICATE OF INSURANCE 01/05/24 CERTIFICATE HOLDER City of Spokane Valley Attn: Marci Patterson,City Clerk 10210 East Sprague Avenue Spokane Valley, WA 99206 This certifies that the"claims made"insurance policy(described below by policy number)written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has 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 policy described herein is subject to all the terms,exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 224019 01/01/24 12/31/24 LIMITS OF LIABILITY $2,000,000 EACH CLAIM $2,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION Flora Cross Country Complex GEI Project No. 11264-045-00 CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30)days in advance, or ten (10)days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date,the Company will mail written notice to the certificate holder within thirty(30)days of the notice to the Company from the insured. ISSUING COMPANY: NAME AND ADDRESS OF INSURED TERRA INSURANCE COMPANY (A Risk Retention Group) GeoEngineers,Inc. 523 East Second Avenue Spokane, WA 99202 President