06-073.00 Century West: Transportation Planning Svcse
AGREEMENT FOR PROFESSIONAL SERVICES
Contract #06 -017
Century West Engineering Corporation
Transportation Planning Services
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State; of
Washineton, hereinafter "City" and Century West Engineering Corporation, hereinafter "Consultant, "jointly
referred to as "parties."
iN CONSIDERATiON of the terms and conditions contained herein the parties ague as follows:
I. Work to Be Performed. The Consultant will provide all labor, services and material to
Sait.isfactorily complete the attached Scope of Work.
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 Work, schedule and date of completion. Upon notice from the City Manager
or designee, Consultant shall commence work, perform the, requcsted 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 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 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 docurnent-s
resulting thereft-brn, 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. Modifications. 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 the 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.
In 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 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 #06 -017 - Transportation Planning Services — Ccntury Wcst Engineering Corporation Page 1 of 7
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4. Payrrrertl. The CUnsrrlLant. shrill be paid monthly upon presentation of an invoice to the City.
Applications fur pa }'menC ShAII be sent to the City Clerk at the bed ow+ 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 (11' SigneC to be noncompliant with the Scope of Work: City
S&Lndards, City ord inances and f kraI Or S1aIC s1r9ndards.
Notice. 1\1 otice shall be given in wri611& ac fol lows-
To Ttfs CITY:
C'hrisHne Suinbrid�e, City CLrk
(509)92J-1000
11707 Ezi sI Sprague Ave, Suite 106
Spokane Vii IIq, W,A 99206
TO THE CONSULTANT:
Dennis D_ Fuller, P.E.
(509) 838 -3810
] 825 - Hutchinson load_ 2"d Floor
Spokane Valley, WA 99212
6. Applicable Laws and Standards. The pznlies, in the performance of this ugrfscmenl, agree
to comp]} with al applicable Fed era 1, SraUt, Ioca1 ]�i ws, ordinances, and recuIarions_
7. el'ationship of the 1Parties. it is understood, agreed and declared that the ConsuIL-Lat shall be
an in dependT;nt. C±onsuI[ant and not the agent or employee of the City. Tht: Ciry will provide direction ro the
Consultant's employee(q) working under this comract. The: C'ity ;issurrte8 resp[rnsik dity f(Iri:he over.,]] direction
and scheduling of the work, the Consultant assumes responsibility Foj- the quality and accuracy of the work
performed by it's employees ), tiny and ail l employees who provide services to the City under th is agreement
shaI € be dceenirz d e1npIoyees sole €y of the COD SLLltant, The Consultant shall be solely rc sponsibIt; for the; conduct
and actions of a]1 employees under this agreement. and riny I iabiIity that may attach thereto.
S. 0%vner hip of Document %. All drawings, plans. specifications, and other related dMunents
prr- pared by the Co Lis Li €tant under this agreement are an shy] I be Lkke property of thT; City, and may be subject
to disGIusure purstuhnL w ICW 42.17 or other app I icab€e 1) LiN is record laws_
9. records. The City or State Auditor err any of their r.eprese iaives shall have full access to
and the right to examine during normal business hours al of the Consultant's records with respcct to all
MLNUers coverer] in this con[ruct. Such representatives shall he perm itte.d to audit, examine and make excerpts,
or Transcripts from such records and to make audits of a€I contracts, invoices, materials, payrolls and j)--cord of
matters covered I)y this contract for a period of three years From the date final payment is made lie i)=-under.
10_ lnsurancc. During the term of the contract, the CransLII LILT] t shall maintain in force at its own
expcnsc, the following insurance;
A. W Orkcrs' Compensation )insurance in comp Iimice with RCW 51, which re.quire.s
subject employers to provide workers' compensation coverage For .9 11 t.hCir subject- workers and Employer's
LiabiIity or S Lop Coup InSUranix in Lhe amount of 5 1,000,000.00'.
B. General Liability insurance on an occurrence basis with a combined 9in3le. Iimit of
not less than $.1.,000,000,00 each occurTnee for bodily injury and Oropei #y damage. It shill include
con 4ractuaI IiabiIiL}' coverage for 011 indemnity provided under this contract_ it shal I provide that Cho City, its
officers, employees and agents are additional insureds bul.oi]ly with respect to the Consultant's services Lo be
provided under the, contract,
Contract 006 -0J7 - TorLSPUM(ion Planning 5crui Cos - Celrtury WeA F11gineeA118Con)Ordtir)n P�igc 2 of 7
C. Automobile Liability Insurance with a combined single limit, or the equivalent, or not
less than $] ,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 (.)ccurrence. This is to cover damages caused by the error, omission, or
negligent acts related to the services to he provided under th is contract. The coverage must remain in et %ct 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 insurer(s) 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) 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 Consultant shall be financially responsible for all pertinent deductibles, self - insured
retentions, and /or self - insurance.
H. 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. All remedies afforded
'in this agreement or bylaw, shat I 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.
13. Assignment and Delepat:ion. Neither party shall assign, transfer or delegate any or all of the
responsibilities 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 Consultant shall not enter into
subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of
the. City.
15. ConfidentialitY. Consultant may from tirne 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.
Venue shall be in Spokane County, State of Washington.
Contract #06 -017 - Transportation Planning Services — Cenaiiy Wect Fngint Bring Corporation Page. 3 of 7
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 and City
attorney fees payable by the Consultant 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 Work
2. Schedule of Fees
3. Insurance Certificates
111N WITNESS WHEREOF, the parties have executed this Agreement this day of
2006.
CITY OF SPOKANE VALLEY:
-k rc-
David Mercier, ana er
Consultant:
Owner /Authorized Agent
Tax ID No.. REDACTED
AT T: APPROVED AS O FORM:
Bainbridge, City Clerk Office of City Atto y
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 -017 - Transportation Planning Services — Century West Engineering Corporation Page 4 of 7
. ,
Exhibit I
Scope of Work
Transportation Planning Services
Background and Purpose
The City of Spokane Valley currently has a vacant, part -time (0.4 1711F) Senior Engineer (Planning /Grants)
position. This position assists the Senior Capital Projeciti 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 a 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 TIP and street,
project grant applications. The type of support services includes, but is not. limited to, the following-
Six -Year TH" Development of the 2007 -2012 Six Year 'I'll' including review of the following:
Prgject List: • volume/capacity ratios based on Spokane regional traffic models
• number, location, and type of collisions /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
• pedestrian/bicycle improvements
• ADA requirements
• drainage facilities
• project limits maps
• project estimate
• right -of -way acquisition costs
• other appropriate items
Six Year TIP 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:
OVA State Transportation Improvement Board (TIB)
Corridor Completion Initiative (CCI)
Urban Arterial Program (UAP, previously A.IP)
Urban Corridor Program (UCP, previously TPP)
Sidewalk Program (SP, previously PSMP)
Freight. Mobility /Strategic Investment Board (FMS1B)
Federal Aid Program
Bridge (13R)
Surface Transportation Program (STP)
Congestion Management/Air Quality Funds (CMAQ)
Contract #06 -00 - Transportation Planning Services — Century West Enginecring Corporation Page 5 of 7
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)
BLIS related street improvements
• Community Development Block Grants (CDBG)
Low-Moderate Income area improvements
• Washington Utilities and Transportation Commission (WUTC)
Grade Crossing Protective Fund
Also help identify potential funding partners such as adjacent jurisdictions and /or
private developers.
Six Year TCP 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 S'flY software.
Grant Assist in the preparation of state and federal grant applications including
Applications: information such as:
• existing stn►ctural pavernent condition
• existing and proposed levels of service (LOS)
• existing and proposed traffic volumes
• system continuity
• prgiect funding
• alternative mode accessibility
• transportation concurrency
• economic growth and development
• urban accident analysis/annual benefit
• public support/participation
• environmental enhancements /historical preservation
• freight mobility
• GMA information /support
Contract #06-017 - Transportation Planning Services — Century West Engineering Corporation Page 6 of 7
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FEE SCHEDULE FOR F- NGIIN'EERING SERVICES
EXHIBIT `2'
The compensation for work done on the basis of personnel services plus incurred expenses will
be established using the rates as set forth below:
A. Personnel Services - Hourly Billable Rates
Consulting Manager: $144.23
Project Manager: $97.93
Project Engineer: $69.18
Project Coordinator: $52.80
13. Expenses
a. Expenses shall be billed at actual cost.
Contract #06 -017 - Transportation Planning Services — Century west Engineering Corporation Page 7 of 7
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RE: Contract 400 -003 - Transportation Planning Services
(See# Attached Descriptions)
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