07-111.00 Budinger & Associates: Fancher Broadway Intersection Geotechj
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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
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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:
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Christine Bainbridge, City Clerk
APPROVED AS TO FORM:
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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.
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• .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