06-004.00 Century West Engineering: Transportation Planning SvcsAGREEMENT FOR PROFF..SSIONAL SERVICES
Contract #06 -003
Century West Engineering Corporation
Transportation }Tanning Services
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City' and Century West Engineering Corporation, hereinafter "Contractor," jointly
referred to as "parties."
fN CON'SLDERATIONI of the terms and conditions contained herein the parties agree as follows:
. 1. Work to Be Performed. The Contractor will provide all labor, services and material to
satisfactorily complete the attached Scope of Work.
A. Administration. The City Manager or designee shall administer and be the primary
contact for Contractor. Prior to commencement of work, Contractor shall contact the City Manager or designee
to review the Scope of Work, schedule and date of completion. Upon notice from the City Manager or
designee, Contractor shall commence work, perform the requested tasks in the Scope of Work, stop work and
promptly cure any failure in performance under this agreement.
B. Representations. The City has relied upon the qualifications of the Contractor in
entering into this agreement. By execution of this agreement, Contractor represents it possesses the ability,
skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations
which reasonably relate to the Scope of Work. No substitutions of agreed upon personnel shall be made
without the written consent of the City.
Contractor shall be responsible for the technical accuracy of its services and documents
resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall
correct such deficiencies without additional compensation except to the extent such action is directly
attributable to deficiencies in City furnished information.
C. Modifications. The City may modify this agreement and order changes in the work
whenever necessary or advisable. The Contractor will accept modifications when ordered in writing by the
City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed
between the parties. The Contractor shall make such revisions in the work as are necessary to correct errors or
omissions appearing therein when required to do so by the City without additional compensation.
2. Term of Contract. This Aggeemcnt shall be in bull force and effect upon execution and shall
retmain in effect until completion of all contractual requirements have been met.
Either party may terminate this Agreement by ten (10) days written notice to the other party.
In the event of such termination, the City shall pay the Contractor for all work previously authorized and
satisfactorily performed prior to the termination date.
3. Compensation. The City agrees to pay the Consultant on a time and materials basis up to an
amount not exceeding $50,000 in accordance with the attached Schedule of Fees and as full compensation for
everything done under this Agreement.
Contract 906 -003 - Transportation Planning Services — Century west Engineering Corporation Page t of 6
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4. Payment. 'The Contractor shall be paid monthly upon presentation of an invoice to the City.
Applications for payment shall be sent to the City Clerk at the below stated address.
The City reserves the right to withhold payment under this agreement which is determined in the
reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City
Standards, City ordinances and federal or state standards.
5. Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THE CONTRACTOR:
Christine Bainbridge, City Clerk Dennis D. Fuller, P.E.
(509)921 -1000 (509) 838 -3810
11707 East Sprague Ave, Suite 106 1825 N. Hutchinson Road, 2'°d Floor
Spokane Valley, WA 99206 Spokane Valley, WA 99212
6. Aimlicable haws and Standards. The parties, in the performance of this agreement, agree
to comply with all applicable Federal, State, local laws, ordinances, and regulations.
7. Relationship of the Parties. it is understood, agreed and declared that the Contractor shall be
an independent Contractor and not the agent or employee of the City. The City will provide direction to the
Contractor's employees) working under this contract. The City assumes responsibility for the overall direction
and scheduling of the work, the Contractor assumes responsibility for the quality and accuracy of the work
performed by it's employee(s). Any and all employees who provide services to the City under this agreement
shall be deemed employees solely of the Contractor. The Contractor shall be solely responsible for the conduct
and actions of all employees under this agreement and any liability that may attach thereto.
8. Ownership of Docutnents. A.II drawings, plans, specifications, and other related documents
prepared by the Contractor under this agreement are. and shall be the property of the City, and may be subject
to disclosure pursuant to RCW 42.17 or other applicable public record laws,
9. 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 the Contractor's records with respect to all
matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts
or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of
matters covered by this contract for a period of three years from the date final payment is made hereunder.
10. insurance. During the term of the contract, the Contractor shall maintain in force at its own
expense, the following insurance:
A. Workers' Compensation Insurance in compliance xvith RCW 51, which requires
subject employers to provide workers' compensation coverage for all their subject workers and Employer's
Liability or Stop Gap Insurance in the amount of $1,000,000.00;
B. General Liability insurance on an occurrence basis with a combined single limit of
not less than $1,000,000.00 each occurrence for bodily injury and property damage. It shall include
contractual liability coverage for the indemnity provided under this contract. it shall provide that the City, its
officers, employees and agents are additional insureds but only with respect to the Contractor's services to be
provided under the contract;
Contract #06 -003 - Transportation Planning Services — Century west Engineering Corporation Page 2 of 6
C. Automobile Liability Insurance with a combined single limit, or the equivalent or not
less than $1,000,000.00 each accident for bodily injury and property damage, including coverage for owned,
hired or non -owned vehicles; and
D. Professional Liability Insurance with a combined single limit of not less than
$1,000,000.00 each claim, incident or occurrence. This is to cover damages caused by the error, omission, or
negligent acts related to the services to be provided under this contract. The coverage must remain in effect for
at least two (2) years after the contract is completed.
There shall be no cancellation, material change, reduction of limits or intent not to renew the
insurance coverage(s) without thirty (30) days written notice from the Contractor or its insurers) to the City.
As evidence of the insurance coverages required by this contract, the Contractor shall furnish
acceptable insurance certificates to the City at the time the Contractor returns the signed contract. The
certificate shall specify all of the parties who are additional insureds, and will include applicable policy.
endorsements, the thirty (30) day cancellation clause, and the deduction or retention level. Insuring companies
or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided
to the City.. The Contractor shall be financially responsible for all pertinent deductibles, self- insured retentions,
and/or self- insurance.
11. Indemnification and Hold Harmless. Each party shall indemnify and hold the other, its
officers, employees, agents and volunteers harmless fi•om and against any and all claims, demands, orders,
decrees or judgments for injuries, death or damage to any person or property arising or resulting from any
negligent act or omission on the part of said party or its agents, employees or volunteers in the performance of
this Agreement.
12. Waiver. No officer: employee, agent or other individual acting on behalf of either party has
the power, right or authority to waive any of the conditions or provisions of this agreement. No waiver in one
instance shall be held to be waiver of any other subsequent breach or nonperfonnance. 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 anytime any of the provisions of this agreement
or to require at any time performance by the other party of any provision hereof shall in noway be construed to
be a waiver of such provisions nor shall it affect the validity of this agreement or any part thereof.
13. Assil4nment and Delegation. Neither party shall assign, transfer or delegate any or all of the
responsibiI ities of this agreement or the benefits received hereunder without first obtaining the written consent
of the other party.
14. Subcontracts. Except as otherwise provided herein, the Contractor shall not enter into
subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of
the City.
15. Confidentiality. Contractor may from time to time receive information which is deemed by
the City to be confidential. Contractor shall not disclose such information without the express written consent
of the City or upon order of a Court of competent jurisdiction.
16. Jurisdiction and Venue. This Contract is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
Contract #06 -003 - Transportation Planning Services — Century west Engineering Corporation Page 3 of 6
17. Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this Agreement,
the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court
as reasonable. Unless provided otherwise by statute, Contractor's attorney fees payable by the City and Ci
attorney fees pUable by the Contractor shall not exceed the total sum amount paid under this agreement.
18. Entire Agreement. This written agreement constitutes the entire and complete agreement
between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed,
modified or altered except in writing signed by the. parties hereto.
19. Anti - kickback. No officer or employee of the City, having the power or duty to perform an
official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have
solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person
with an interest in this Agreement.
20. Business Registration. Prior to commencement of work under this Agreement, Contractor.
shall register with the City as a business.
21. Severability. If any section, sentence, clause or phrase of this Agreement should be held to
be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any
other section, sentence, clause or phrase of this Agreement.
22. Exhibits. Exhibits attached and incorporated into this agreement are:
1. Scope of Work
2. Schedule of Fees
3. Insurance Certificates
IN WITNESS WHEREOF, the parties have executed this Agreement this S� day of
AAL4 , 2006.
CITY OF SPOKANE VALLEY: Contractor:
avid Mercier, City Manager Owner /Authorized A ent
Tax ID No._ R ACTED
ATT .
AL ICA.
+.
stine Bainbridge, City Cle
APPROVED AS TO FORM:
Office o he City Attorney
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Contract #06 -003 - Transportation Planning Services — Century West Engineering Corporation Page 4 of 6
Exhibit I -
Scope of Work
Transportation Planning Services
Background and Purpose
The City of Spokane Valley currently has a vacant, part -time (0.4 r 1 E) Senior Engineer (Planning/Grants)
position. This position assists the Senior Capital Projects Engineer with the development of the Six Year
Transportation Improvement Program (TiP) and the development of state and federal grant applications for
street capital projects. Rather than filling this position with a part-time employee, the City desires to
contract with It qualified consultant to provide transportation planning support services.
Transportation Planning Services
Consultant support services entail the designation of an engineer with transportation planning experience
to work with city staff and provide day-to-day support in the,development of the city's TI[P and street
project rant applications. The type of support services includes, but is not limited to, the following:
Six -Year TIP Development of the 2007 -2012 Six Year TIP including review of the following:
Project i..ist: • volumeleapacity ratios based on Spokane regional traffic models
• number, location; and type of coil isions/injuries /fatalities
• existing and forecast intersection levels of service
• existing pavement conditions
• increased areas of development and re- development within the city and in
areas adjacent to the city
• adjacent jurisdiction street projects that cross city boundaries
• proposed street maintenance activities
• full -width paving associated with Spokane County's STEP
Six Year TiP Develop planning -level cost estimates including:
Cost Estimates: • description of proposed improvements
• number of proposed lanes
• proposed intersection improvements
• pedestriantbicycle improvements
• ADA requirements
• drainage facilities
• project limits maps
• project estimate
• right -of -way acquisition costs
• other appropriate items
Six Year UP Review project selection criteria of local, state, and federal grant programs;
Funding identify grant funding programs) for each project. Grant programs shall include,
Proposals: but not be limited to; the following:
WA State Transportation improvement Board CTIB)
Corridor Completion Initiative (CCO
Urban Arterial Program (UAP, previously AIP)
Urban Corridor Program (UCP, previously TPP)
Sidewalk Program (SP, previously PSMP)
Freight Mobility/Strategic Investment board (FMSIi3)
Federal Aid Program
Bridge (BR)
Surface Transportation Program (STP)
Congestion Management/Air Quality Funds (CMAQ)
Contract 806 -003 - Transportation Planning Services — Century \vest Engineering Corporation Page 5 of6
Transportation Enhancement Program
Emergency Relief
Intersection and Corridor Safety
• WSDOT
Safe Routes to School Program
Pedestrian and Bicycle Safety Program
Regional Mobility Grant Program
• Spokane Transit Authority (STA)
Bus related street improvements
• Community Development Block Grants (CDBG)
Low - Moderate Income area improvements
• Washington Utilities and "Transportation Commission (NVIJTC)
Grade Crossing Protective Fund
Also help identify potential funding partners such as adjacent jurisdictions and /or
private developers.
Six Year TII' Develop the Six Year TIP Report consisting of:
Report project phases (PE, RW, and CN)
• sorted by year
• identifying major funding source(s)
• include necessary information for STIP software.
Grant Assist in the preparation of state and federal grant applications including
Applications: information such as:
• existing structural pavement condition
• existing and proposed levels of service (LOS)
• existing and proposed traffic volumes
• system continuity
• project funding
• alternative mode accessibility
• transportation concurrency
• economic growth and development
• urban accident analysis/annual benefit
• public support/participation
• environmental enhancemcnts/historical preservation
• freight mobility
• GMA information/support
Contract x;06 -003 - Transportation Planning Services — Century West Engineering Corporation Page 6 of 6
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled "Fee Schedule for Engineering Services / Exhibit 2" 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.
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(Sne Attached Descriptions)
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holder in Ilau of such ondorsorn"t(s).
DISCLAIMER
The Ceftlflcate of Insurance on the roverse side of this form does not constltuto a contract between
the issuing insuror(6), 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_
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