06-007.00 JUB Engineers: On Call Traffic EngineeringAGREEMENT FOR PROFIH.SSI.OiNA.L SERVICES
J -U -B Engineers, inc.
THIS ACREEivtENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and J -U -B 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. The Consultant will provide all labor, services and material to
satisfactorily complete the attached Scope of Services.
A. Administration. The Cite 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 Work-, 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 Work, stop work
and promptly Cure any failure in performance wider this agreement.
13. Representations. The City has relied upon the qualifications of the 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 fiuniliar 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.
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. M_Qdifications. The City may modify this agreement and order changes in the work
whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the
City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed
between t:he parties. The Consultant 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 Agreement shall be in full force and effect upon execution and shall
remain 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.
hi the event of such termination, the City shall pay the Consultant 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 material basis in
accordance with the attached fee schedule as full compensation for everything done under this Agreement, not
to exceed $40,000. The City shall reimburse the Consultant for photocopying, postage, graphic reproduction at
actual cost and will pay for authorized travel (excluding travel to the City to attend meetings, presentations, or
otherwise perform the services herein) at a rate of $.445 per mile.
Agreement for Professional Services Page 1 of 4
C06 -07
4. Payment. The Con5ultant 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 CrTY: TO THE CONSULTANT:
Name: Christine Bainbridge, City Clerk Name: David J. Kliewer, P.E.
Phone Number: (509)921 -1000 Phone Number: (509) 458 -3727
Address: 11707 East Sprague Ave, Suite 106 Address: West 422 Riverside; Suite 722
Spokane Valley, WA 99206 Spokane, WA 99201
6. Applicable Laws 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 Consultant shall be
an independent Consultant and not the agent or employee of the City, that the 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 the Consultant. Any and all employees who provide
services to the City under this agreement shall be deemed employees solely of the Consultant. The Consultant
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 Documents. All drawings, plans, specifications, and other related documents
prepared by the Consultant 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 Consultant'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 Consultant shall maintain in force at its own
expense, the following insurance:
A. Workers' Compensation insurance in compliance with RCW 51.12.020, 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 51,000,000.00;
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 Consultant's services to be
Agreement for Professional Services Pagc 2 of 4
provided under the contract;
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 Consultant or its insurers) to the City.
As evidence of the insurance coverages required by this contract, the Consultant shall furnish
acceptable insurance certificates to the City at the time the Consultant 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) clay 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 Consultant 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 from 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 nonperformance. A Il 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 parry 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.
13. Assignment and Delegation. 'Neither party shall assign, transfer or delegate any or all of die
responsibi I ities of this agreement or the benefits received hereunder without first obtainingthe written consent
of the other party.
14. Subcontracts. Except as otherwise provided herein, the Consultant shall not enter into
subcontracts for any of the work contemplated under this agreement without obtaining prior %vritten approval of
the City.
15. Confidentiality. Consultant may from time to time receive information which is deemed by
the City to be confidential. Consultant 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.
Agrcement for Professional Services Page 3 of
Venue shall be in Spokane County, State of Washington.
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, Consultant's attorney fees payable by the City 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, Consultant
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 services
2. Insurance Certificates
IN TNESS WHEREOF, the parties have executed this Agreement this day of
, 2006.
CITY OF-SPOKANE VALLEY:
id Mercier, City a ager
A'
Consultant: J —U —B ENGINEERS, Inc.
Spokane anager
Tax ID N . _ _ EEDAcTEI)
APPROVED AS TO FORM:
Bainbridge, City Clerk f Office f the City Attorney
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
Agreement for Professi You may petition for a review of our findings pertaining to any Page 4of4
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 A
Scope of Work
On Call Traffic Engineering Support Services
A. General Scope of Work
The work under this AGREEMENT shall consist of performing services related to On -Call Traffic
Engineering tasks as herein defined and necessary to accomplish individuals tasks ( "task
order ") issued by the CITY. The CONSULTANT shall furnish all services and labor necessary to
accomplish these tasks, and shall provide all materials, supplies, equipment and incidentals
except as designated elsewhere in the AGREEMENT, necessary to prepare and deliver to CITY
the related traffic engineering support services.
Each Task Order will be performed on a time and materials basis by the CONSULTANT. Each
Task Order will be identified with a clear scope and a start and completion date. The terms
of the Task Order cannot be modified without written approval from the CITY and
CONSULTANT. Any work performed outside of the terms and conditions of the Task Order will
not be considered for reimbursement.
The CITY is not obligated to assigned any specific number of tasks to the CONSULTANT, and
the CITY'S and CONSULTANT'S obligations hereunder are limited to tasks assigned in writing.
The CITY may require the CONSULTANT to perform all work on a project, or provide
individuals to supplement existing CITY teams. Task orders may include, but are not limited
to:
A.1 Example Task Orders
1. Recalculate flashing "Don't Walk" times for all 74 signals to be in compliance
with new MUTCD guidelines.
2. Build or review Synchro models for use in retiming signals.
Exhibit A Page 1 of 3
3. Review development projects from last year, determine where we've planned
local street extensions, and then develop a city -wide map of logical local street
extensions for review by planning and engineering staff.
4. Help with various signal warrant, HCS, Synchro, VISSIM type analyses for capital
projects.
5. Develop plan for striping new bike lanes to match comprehensive plan.
6. Review collision database and diagrams as needed to check collision patterns,
calculate rates.
7. Field visits to investigate citizen's request for new signs, striping, etc.
8. Draft response letters to citizen request for stop signs, speed signs, etc.
9. Assist with drafting ordinance revisions to address speed limit changes, new no
parking zones, etc.
10. Set up and download data from traffic counters.
B. Meeting Requirements
The CONSULTANT shall attend weekly project meetings with CITY staff as required in order to
discuss project tasks requirements, schedules, etc.
C. Additional Traffic Engineering Related Services
CONSULTANT may be asked from time to time to perform tasks beyond the list above and
those shall be referred to as MISCELLANEOUS TRAFFIC ENGINEERING TASKS.
Exhibit A Page 2 of 3
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled "D. Hourly Rates" 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.
• 02- 15 -06: 11 :.25APA:
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ACORD CERTIFICATE �F LIABILITY INSURAN( J(JBLN -1
DATE(MMfODfYYYY)
02/15/06
PRODUCER
Tho Hartwell Corporation - Cal
PO box 400
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.
ANY REQUIREMENT, T11W, OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V.TrH RESPECT TO WMCH THIS CERTIFICATE MAY BE ISSUED OR
Caldwell ID 83606
phone: 208 - 459 -X678
INSURERS AFFORDING COVERAGE
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INSURED
wsURRRA: r'ireman's Fund Ina Co
INSURER E_ Liberty Ynsurance (A XV)
LIMITS
INS1ntEIC:
S 1 000,000
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250 S Bee hwood Ave, Suite 201
Boise ID 3709
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WsUnERD:
3100 000
IvSVAER E:
NEO EXP (Anyone 00190n)
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THE POLICI'cS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABO'r FOR THE POLICY PERIOD INDICATED, NOTVATHSTANDI110
ANY REQUIREMENT, T11W, OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V.TrH RESPECT TO WMCH THIS CERTIFICATE MAY BE ISSUED OR
MAY PEATAIN• T HE 114SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIO::S OF SUCH
POLICIES, ArORE ATE LINUTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLALMS.'
LTA N9Ad 7YPfiOFIN9URANCf POLICY NUMBER OAT£ IL!A'MD/YV DA E M.'.11DOMYY
LIMITS
EACH OCCURRENCE
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GENERAL LInfiILITY
A X COh1atERCIAL GENERAL LIABILITY MZ X8 O H 4 612 0 08/01/05 08/01/06
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08/01/05
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BODILY INJURY
s
ALL OWNED AUTOS
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AUTO ONLY. EAACCIOEIT
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ANY PCOPRIETORlPARTNERIEXECUTIVE
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AEL197131 -0105
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04/02/05
04/02/06
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$5,000,000
$100,000 Deduct.
Ann. A q.
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DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES I EXCLUSIONS ADDED HY I:NDURSEMFWTI SPECIAL PROVISIONS
�i7�riIIdlJ.�iJ!i�I�HClS �L•7►1R3�I!_7I Plc
CITSP02 SHOULD ANY OF THE ABOVE! DESCRIBED POLICIES CE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE 155VING IIISURER VALL ENDEAVOR TO MAIL 30 UAY'.i WRITTEN
City of Spokane NOTICE TO THE CERTII7CATE HOLDER NAMED TO T11E LEFT, BUT FAILURP• TO DO SO SHALL
Carolyn George InsPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
11701. E. Sprague Ave, Ste 106
R lraSpok ane WA 99206 A ?1160 D REPR
4EN7A_Ty`VE
ACORD 25 ( 2001108) W ^"" ""
- 02- 15N- 06:I1,25.AM: 3/ 3
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 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.
ACURD 25 (2001108)