07-110.00 Budinger & Associates: 24th Ave Reconstruction GeotechAGREEN11ENT FOR PROFESSIONAL SERVICES
Budinger & Associates, Inc.
Geotechnical Exploration & Analysis Services for 24`6 Avenue Reconstruction Project
Contract #07 -030
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and Budinger & Associates, 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 entitled Exhibit I Scope of TYork Geotechnical
Exploration & Analysis (246P7 24r, Avenue — Geotechnical Scope), dated I I - 15 -07.
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 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 Consultant in
entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability, ski l
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 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. 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 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, not to
exceed S 10,394.00 for Geotechnical Exploration & Analysis Services as described in the attached proposal. A
Management Reserve Fund in the amount of $1,439.40 is also hereby established for a total contract amount of
Agreement for Professimal Services- Rudinger Project #?0067 — 24'h Avenue Reconstruction Page i of 5
C07 -110
S 1 1,822.40 as full compensation for everything done under this agreement.
4. Payment. The Consultant 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 Mork, City
Standards, City ordinances and federal or state standards.
5. Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THE CONSULTANT:
Name: Christine Bainbridge, City Clerk Name: John Finnegan,Budinger & Associates, Inc.
Phone Number: (509)921 -1000 Phone Number: (509) 535 -8841
Address: 11707 East Sprague Ave, Suite 106 Address: 3820 East Broadway
Spokane Valley, VITA 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, 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 its 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 RCM 42.56 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. The 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 the Consultant, its agents, representatives, or employees.
No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to
limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described
below:
Agreement for Professbaal Services- Budinger Pmjecr 40067 — 24°i Avenue lteconsauctbri Pagc 2 of 5
I . Automobile Liability insurance covering all owned, non - owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA
00 01 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors and personal injury and advertising injury. The City shall be named as an
insured under the Consultant's Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers 'Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
4. Professional Liability insurance appropriate to the 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 $1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability, Professional Liability and
Commercial General Liability insurance:
I . The Consultant's insurance coverage shall be primary insurance as respect the
City. Any insurance, self - insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant's insurance and shall not contribute with it.
2. Cancellation of Consultant's insurance shall be governed by either:
a. the policy shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty days prior written notice by certified mail,
return receipt requested, has been given to the City, or
b. the Consultant shall provide at least 30 days prior written notice bycertified
mail, return receipt requested of a cancellation.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
Agreement for Professbnal Services- Budingcr Project #0067 — 241' Avenue Reconsiruclion Page 3'of 5
E. Evidence of Coverage. 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, 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.
II. Indemnification and Hold Harmless. The Consultant shall defend, indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses
or suits including attorney fees, arising out of or in connection with the performance of this agreement, except for
injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.1 15,
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 Cotsultant and the City, its officers, officials, employees, and
volunteers, the Consultant's liability 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 purposes of this indemnification.
This %%giver has been mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of the agreement.
12. Waiver. No officer, employee, agent or other individual acting on behalf of either party has the
po,.ver, 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 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. Assianment and Delegation. 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 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 agreement is entered into in Spokane County, Washington.
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
Agreement for Pmfessbnal Services- Budingcr Projcct 0067 — 246 Avenue ReconsEnlcxiOn Page 4 of 5
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
WITN SS WHEREOF, the parties have executed this agreement this ,7-6 s4' day of
'2007.
OF OKANE V LLEY: Consultant:
David Mercier, City manager O1VQr REDACTED
ID
ATTEST: APP i-ID AS TO FORM:
.-' sue 1-16�
Christine Bainbridge, City Clerk Office of Al 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.
Agreement for Professbnal Services- Budinger Project #0067 — 24th Avenue Reconstruction Page 5 of 5
A CORD DATE Q- L +ArDOIYYYY)
II, CERTIFICATE OF LIABILITY INSURANCE 1 11111912007
PRODUCER kw•.o: (3601)59847CO Far. (3X})598-3703
MICHAEL J. HALL & COMPANY
HALT. & COMPANY
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
1957810TH AVENUE N.E.
ALTER THE COVERAGE A
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TYPE OF INSURANCE
POULSBO WA 98370
POLICY CflleMR
DATE M%n
INSURERS AFFORDING COVERAGE
NAIC #
ApcM UW:91.146t099
Attention:
GENERAL UABIT.ITY
INSURED
INSVRER A; Boaxley Insurance Company Inc
10040501
BUDINGER & ASSOCIATES INC
INSURER B;
DMMAO650Nawao
P.9HMISES IE• ceanrac.)
C10 INTERMOUNTAIN MATERIALS TESTING
3820 EAST BROADWAY
INSURER C:
INSURER D;
SPOKANE WA 99202
INSURER E:
MED. EX-0 (Any one person)
S ._._.
COVERAGES
THE POUICIES OF IPISURAWE LISTED BELON HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR TH'e POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY 112OUIRE•MEAT, TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUtVENT 'MTH RESPECT TOY4M,CH T14S CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE WSURANCE. AFFORDED BY THE PVJCIES DESC.4IEED HEREIN IS SVSJECT TO ALL THE TERMS. EXCLUSI.ONS AND CONDITIONS OF SUCH
POLICIES. AGGRrGATE LIMITS SHO%% MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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RETRO DATE; 1!1176
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2001108) Certificate 0 66776 0 ACORD CORPORATION 1988
SHOULD ANY OF THE ABOVE DESCRIBED PO! 1CIES BE CANCELLED BEFORE THE
EXPIRATION DATE T.�REOF, TIE ISSUING U,!SURER VALL ENDEAVOR TO MAIL 90 DAYS
For Information Only
wR1TTEN NOTICs TO THE CERTGICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO
DO SO SHALL IMPOSE NO OWGATION OR LIABILITY OF ANY KIKD UPON THE it:SURER. IT'S
AGZR'TS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE /
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Attention:
Ma Mew L. Copus
ACORD 25 (2001108) Certificate 0 66776 0 ACORD CORPORATION 1988
•A�JQ. CER ICATE OF LIABILITY INSURANCE 10 /0 /200
PRODUCER (509)32S -3024 FAX (509)325 -1803 THIS CERTIFICATE IS ISSUED A94MIATTER OF INFORMATION
Moloney, O'Neill, Corkery & ]ones, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1206 N Lincoln, Suite #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Spokane, WA 94201
-- - INSURERS AFFORDING COVERAGE NAIC d#
INSURED Budinger It ASSOCI
3820 E Broadway
Spokane, WA 99212
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INSURERA: Continental Western Insurance
INSURER B:
INSURER C:
INSURER D:
INSURER E:
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TH 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 CONDfiIONS OF SUCH
POLICIES. AGGREGATE LIAUTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
city of Spokane Valley
GENERAL LIABILITY
CWP270326921
08/06/2007
08/06/2008
EACH OCCURRENCE
$ 1,000,000
DAMAGE TO RENTED
$ 100 ,000
X COMMERCIAL GENERAL LIABRITY
MED EXP VM ono pc:con)
S $ 00
CLAIMS MADE n OCCUR
PERSONAL & ADV INJURY
$ 1,000,000
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S 2,000,000
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S 2,000,000
POLICY X J LOC
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ANY AUTO
CWP270326921
08/06/2007
08/06/2008
COMBINED SWGLE LIMIT
(Eaacci °8"6)
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BODILY INJURY
(Per pan)
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EXCESSIUMHRELLALIABILITY
CU270327020
08/06/2007
08/06/2008
EACH OCCURRENCE
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AGGREGATE
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X OCCUR ® CLAIMS MADE
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RETENTION S
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CWP270326921
08/06/2007
08/06/2008
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ELJPLOYERS' LIABILITY
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E.L. DISEASE - POLICY LIMIT
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OTHER
DESCRIPTION OF OPERATIONS t LOCATIONS) VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
e: Appleway Avenue Reconstruction
rimary Additional Insured status to the City of the Spokane Valley for general liability with respect
to work performed for the City per insuring form CLCGO020 [3/07).
0 day notice of cancellation - non payment of premium
r AMr�# I ATInM
ACORD 25 (2001108) Q)ACORD GUKFL)KAI TUN 1%100
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAALED TO THE LEFT,
city of Spokane Valley
Attn: Shane Ari t
BUT FAILURE TO MAIL SUCH NOTICE SHALL WPOSE NO OBLIGATION OR LIABILITY
11707 E Sprague
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORME0 REPRESENTATIVE
Spokane Valley, WA 99206
Mike Molone AR
ACORD 25 (2001108) Q)ACORD GUKFL)KAI TUN 1%100