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07-111.00 Budinger & Associates: Fancher Broadway Intersection Geotechj LJ AGREEMENT FOR PROFESSIONAL SERVICES Budinger & Associates, Inc. Geotechnical Exploration and Analysis Services Contract #07 -032 THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Budinger R 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 1 Scope of Work Geotechnical Exploration & Analysis (257P7 Fancher — Broadway Intersection —Scope), dated November 27, 2007, 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, 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 v,ithout 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 material basis, not to exceed S 10,446.00 for Geotechnical Exploration R Analysis Services as described in the attached proposal. A Management Reserve Fund in the amount of $1,444.60 is also hereby established for a total contract amount of Agreement for Professional Services- Budinger, Project #0067 - Broadway /Panther Page 1 of 5 C07 -111 • • S 1 1,490.60 as full compensation for everything done under this agreement. 4. Pavment. 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 Work, City Standards, City ordinances and federal or state standards. ,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)92 Y- 1 000 Phone Number: (509) 535 -8841 Address: 11707 East Sprague Ave, Suite 106 Address: 3820 E. Broadway 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, 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,achicved, and that the right to control the particular mariner, 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 R.CW 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 Professional Services- Budinger, Project #0067 - Broodway/Fancher Page 2 of 5 I . Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Offioe(ISO) form CA 0001 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. 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 S 1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than S1,000,000 each oocurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 51,000,000 per claim and S1,000,000 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. 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 by certified 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:VfI. Agreement for Professional 5ervices- Budinger, Project #0067 - Broodway /Fancher Page 3 of 5 0 0 E. Evidence of Coverage. As evidence of the insurance coverages required by this contract, the Consultant shall fumish 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. 11. 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 1.5, 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 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 waiver 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 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 by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or bylaw. 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 bea 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 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 detennined by the Court as reasonable. Unless provided otherwise by statute, Consultant's attorney fees payable by the City shall not exceed Agreement for Professional Services- Budinger, Project #0067 - Broadway /Fancher . 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. Severabilit}. 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 I WITNE� S WHEREOF, the parties have executed this agreement this _ % cSr day of 2007. CITY OKANE VALLEY: Consultant: David Mercier, City Manager Owne Tax VW o. ATTEST: L. -plc Christine Bainbridge, City Clerk APPROVED AS TO FORM: KL Office o r ity Alemey Agreement for Professional 5ervices- Budinger, Project #0067 - Broo&oy /Foncher Paoe 5 of 5 157PIOFANC:HER - BROADWAY I NTFRSECTIO V - SCOPE Proposed Scope of Work Geotechnical Exploration & Analysis Descriptions of Project: 1. Proposed roadway improvements at the Pancher /Broadway intersection consist of replacing the pavement with new Portland cement concrete pavement (FCC), along with portions of new hot mix asphalt pavement (H MA); 2. improvements to extend approximately 300 feet from intersection in 4 directions with inbound lanes in concrete and outbound lanes approximately 100 feet PCC - 200 feet 11MA; 3. Proposed width approximately 70 feet; 4. Details provided in one pdf drawing (not dated); 5. Client requested scope involving subsurface exploration, testing, subgrade characterization, and pavement thickness calculation to provide recommendations for earthwork and recommended minimum thickness; conduct work in accordance with local and AASHTO requirements including 1993 AASHTO Guide for .Design of Pavement Structures. Description of Tasks: 1. log the conditions in up to 8 test. borings to depths of approx.i.mately 5 feet, 2. Collect cores of existing surfacing material, 3. Sample soils by bulk and split spoon methods, 4. Conduct laboratory testing of index (i.e., moisture content and texture) and engineering properties of subgrade soils (resilient modulus for calculation of subgrade reaction modulus); 5. Conduct geotechnical analysis as a basis to prepare appropriate geotechnical recommendations addressing: a. Pavement support conditions and minimum pavement thickness calculation; b. Criteria for earthwork including suitability of soils for fill, excavation conditions, subgrade preparation, fill placement; c. Prepare geotechnical report. Budinger cC Associates, Inc. Geotechnical & Environmental Engineers Construction Materials Testing & Inspection DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Cost Estimate (Subconsultant Fee Determination Summary Sheet)" 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. w 000 • .AG-.AG CERT��CAT IF LIABILITY INSURAN� zio%z PRODUCER (509)325 -3024 FAX (509)325 -1803 THIS CERTIFICATE IS ISSUED AS?,._.!fTER OF INFORMATION Moloney, O'Neill, Corkery & Jones, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1206 N Lincoln, Suite 9200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Spokane, WA 99201 -. INSURERS AFFORDING COVERAGE NAIC !# INSURED Budinger & Associates Inc r. 1.a INSURERA: Continental Western Insurance 3820 E Broadway Q�,� INSURER B: Spokane, WA 99212 INSURER C: INSURER D: LNSURER E: L,UV KAUeJ 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF DISURANCE POLICY NUMBER POUCY EFFECTIVE POLICY EXPIRATION LIMITS LTR GENERAL LIABILRY CWP270326921 08/06/2007 08/06/2008 EACH OCCURRENCE f 1,000,000 DAMAGE TO RENTED PRFMIqF-q (F-nn= S 1OO OO X COMMERCM GENERAL LIABILITY MED EXP (Any one pc=n) S 5,00 CLAIMS MADE a OCCUR PERSONAL & ADV INJURY $ 1.000,000 A GENERAL AGGREGATE S 2,000,000 GENaL AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/01:1 AGG S 2,000,000 POLICY X Jg LOC AUTOMOBILE UABILrrY COMBINED SINGLE LIMIT S ANY AUTO CWP270326921 08/06/2007 08/06/2008 (Ea 8ee7dent) 11000,000 BODILY INJURY S ALL OWNED AUTOS DUL X SCHEDULED AUTOS IPer Demon) A X HIRED AUTOS BODILY INJURY f X NON.01VNED AUTOS (Per aceiaerx) PROPERTY OAMAGE S (Per sodaern) GARAGE UABILI TY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO S AUTO ONLY[ AGG EXCESSIUMBRELLA LIABILITY CU2 70327020 08/06/2007 08/06/2008 EACH OCCURRENCE S 3,000,000 AGGREGATE S 3,000,000 X OCCUR CLAIMS MADE f A $ DEDUCTIBLE S RETENTION f �r?6Xlfi(rl(dfd6ltXX; CWP270326921 08/06/2007 08/06/2008 rresTaru- oEI IPA E.L. EACH ACCIDENT $ 1,000,00 E'SPI.OS'��S' LIPSiILITY WA STOP GAP A ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER'MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE • POLICY LIMIT S 1,000,000 tf yym� deserlbe under SPECAAI. PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: Appleway Avenue Reconstruction Primary Additional Insured status to the City of the Spokane Valley for general liability with respect to work performed for the City per insuring form CLCG0020 [3/071. 0 day notice of cancellation - non payment of premium City of Spokane Valley Attn: Shane Arit 11707 E Sprague Spokane Valley, WA 99206 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 NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE DSURER. RS AGENTS OR REPRESENTATIVES. AUTHORED REPRESENTATIVE Mike Moloney/VAR ACORD 25 (2001108) (OAGUKU GUKYUKAI IUN 1%100