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08-115.00 GeoEngineers: Sprague Bowdish PCCP Intersection Materials TestingAGltrla'M -ENT FOR FIROFESS10NAL SERVICES praguelBowdish PCCP intersection Construction Materials Testing Services eoEngincers, Inc C0 8V Contract # 08 -029 THIS; AGREEMENT is made by and be lm,,en the City of Spokane Valley, a code C;iry of the State of Washington, hereinafter "City" and * hereinafter "Con sultant, "jointly referred to as "parties." !AI C 0NSOERATION of the terms and conditions contained hcrcirn the parties agree as follows, 1, Work to Be Performed, The Consultant will provide: all labor, services and material to satisfactorily complete the attached Smpe of aen,ices_ A. A din ini -,tratinn_ The City Manager or de:sigmoc shall administer and be the primary comae:t for Consultant, Prior to commencement of work, Consultant shall contact the City Manager or designeee to rev 1cw the Scope of Work, schedule and date of completion, Upon notice from the City Manager or de:sigme cc, Consultant ShalI 001mtmence work, perform the requested tasks in the S cop c of Work, stop work and promptly cure any failure in performance under this agreement, B. Representations, The City has relied upon the qualifinLions of the Consultant in e:ntcring unto this agreement, By execution of this agreement, Consultant represt its 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 aad documents resulting therefrom. and City shall not be responsible for discovering deficiencies therein. Consultant shall eoireet such deficiencies without additional compensation except to the, extcmt such action is directly attributable I deficiencies in City fumished infonnation. C_ Modifications, The City may modify [his agreemiy nt and order changes in the work whenever necessary or advisable% The Consultant will accept modifications when ordered in writing by the City Maikager or designee. Cornperisad on for such modifications or ctEanges shall be as inutuaIJy agreed between the parties. The Consultant shall make Suuh revisions in the work as are necessary to correct errors or omissions appearing therein whf;n rewired to do so by the City without additional compensation. 2. Term of Contract, Tliis agreement shall be in Half force and cf cc: L upon cxoc:uUon and shall rernairk iri effect until completion of all contractual requirements have been met. Either party may terminate this agreement by tm days written notice to the other party. In the: event of such termination, the City shall pay the Consultant for all work previously authori /ed and satisfictori ly performed prior to the termination date. 3_ Compensation. The C~tty agrees to pay the Consultant on a time and materials basis, nos to exceed $13,92 ] _00 for Construction Materials Testing -Serviees as described in the attached proposal. The Consultant shall not prouce ;d with work dbat will exceed this billable cost without obtaining written approva l Agrevncni for PrL)i -mL - ioElat Services Page I of C08 -k�5 from the City. A Management Reserve Fund in tho ainount of$1,392.00 is atso hereby established that may be spent on the project, if the City authorizes, A total contract amount of 515,313.00 is established as the maximum compensation for everything done uiltler 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 addross. The City rose, ' e,5 the right ro wi Mold payment under this agrcment which is determined in the. reasonable judgment of the City Manager or designee to be nomompliant with the Scope of Work, City Standards, City ordinances and federal or state standards. Notice, Notice shall be given in writing as follows: TO 'MF CITY: NTarne: Christine Bain bridgc, City Clerk Phone Nainber_ {509 }92.1 -1000 Address: 1 1707 East Sprdgue Ave, Suite 106 Spokane Valley, WA 39206 TO '1'1-TE CONSULTANT: Name. Jiro Plarakas, P -E., LEG Phone ?Number; (509) 363 -3125 Address: 523 F. Second Avenue Spokane, WA 99202 G_ APT) tieable Lawdt and Standards. The parties, iii the perfonnancc of this agreement, agree to comply with all applicable Federal. State, local laws, ordinances, and regulations_ 7. Re] ation ship of the Parties. It is understood, agreed and declared that the Consultant shall bF;� an in del) endent Consultant and not the agent or employee of the City, that the City is iii terested in only the results to be achieved, and that the right to control the particular Mianner, method and nneans in which .the services are performed is solely within the discrction of the Consultant, Any and a] 1 employees who provide services to Lhc Ci cy kinder this agreement shall be deemed employees solely of [he Consultant_ The Consultant shall bu solely respnnsible for the conduct and actions of all its employees under this agreement and any [ iabi lit + that may attach thcrcto, 8. Ownership of Docurrienl:s. All drawings, plans, specifications, and other related dowme'nts prcparcxl by the Consultant und cT, this agreement are and strall be the pre perty c f the [city, and may be subject to disclosurp, pursuant to RCW 42.56 or other applicablc public record laves. Any modification's to such documents or reuse for purposes outside the scope of this project without prior written permission of Consultant shall be at user's so] e risk and without legal lixbi Iity to Consultant. 9. Records. Tht City or State Auditor or any of their representalives shall have Full access to and the right to exarnirie during normal business hours all of the Consultant's records with respPot to all matters covered in this contract. Such re presentatives shall be permitted to audit, examine and make excerpts or trauiscripts from such records and to make audits of a t contracts, invoices, matcriats, payrolls and record of matters covered by this contract for a period of three yea rs frofn the date Final ptiyment is Evade hereunder, 10. Insurance. The Consultant shall procure and maintain for the duration of the agremnent, insurance: against claims for injrtries to persons or damage to property which may arise fro in or in connection with the performance of the work hcT7cundor by the Consultant, its agents, representatives, or employees, AgMulriens for Professional Services Pagc 2 of 5 Limitation of Remedies: The Consultants aggregate liability responsibility to the City, including that of its officers, directors, employees, and agents, as it applies to all lawsuits, claims or actions based on allegations of negligent professional errors or omission, whether identified as arising in tort, contract, or when the alleged errors or omissions arise out of, or are related to, services under this Agreement or any continuation or extension of services, is limited to $1,000,000. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- oNvrted, 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 unjury. 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: 1. 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 Agreement for Professional Services Page 3 of 5 either party, except afler 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. 17. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VH (A -V for professional liability). E. Evidence of Coverage. As evidence of the insurance coverages recluired 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, andhr 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, to the extent arising out of or in connection with the negligent acts, error, or omissions of Consultant in the performance of this agreement. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, 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 indernification. 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, ri�t<ht 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 anytime performance by the other party of any provision hereof shall in noway be construed to be it waiver of such provisions nor shall it affect the validity of this agreement or any part thereof. 13. Assignment and i)elet►ation. Neither party shall assign, transfer or delegate any or all of the responsibilities of this aln'eement 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 agreerent without obtaining prior written approval of the City. Agreement for Professional Services Page 4 of 5 ' 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 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. Proposal and Scope of services 2. Insurance Certificates 2 r� IN WITNESS WHEREOF, the parties have executed this agreement this ✓ day of 2008. I Y OF SPOKANE VALLEY: David M/ ber, City Manager �.� ,r Christine Bainbridge_ Citv Clerk Consultant: 1 O er ID No. REDACTED x APPROVED AS TO FORM: Office of Me City Attorney Agreement for Pry This document contains confidential tax information and Page 5 of 5 i 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. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The three pages entitled "Schedule of Charges 2008" contain confidential cost and rate data and are 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. ACORD. CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 09/15DATE /2008 PRODUCER 877 -945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie North America, Inc. 26 Century Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICYNU!lHER POLICYEFFECTIVE D E AMD P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIL# L14SURED Geo2nginccra, Inc. INSURERk Travelers Property Casualty company of Am 25674 -003 Debbie Williaa t 2nd Avenue 523 Bee m INSURERB. Travelers Property Casualty Company of Am 25674 -002 INSURER C: $ 300,000 Spokane, WA 99202 INSURER D: X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR I INSURER E: 1 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITriSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 44AY EE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGdREGATE LIPAITS SHOWN PAY HAVE BEEN REDUCED BY PAID CLAIMS. SPOLppICIES. LiR IN9RO TYPEOFINSURANCE POLICYNU!lHER POLICYEFFECTIVE D E AMD POLICYEXPtRATION DATE AINUDD LIMITS A x GENERAL LIABILITY 630532D8375TIL07 11/1/2007 11/1/2008 EACHOCCUR -RENCE $ 11000,000 PREl119ES Eaocwrence $ 300,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR MEDEXP(Any Ono person) $ 5,000 PERSONAL&ADVINJURY S 1, 000, 000 X WA Stop Gap GENERALAGGREGATE S 2,000,900 GEN'LAGGREGATELIMITAPPUESPER: PRODUCTS - COMRIOPAGG $ 2,000,000 POUCY jE O, LOC B AUTOMOBILE X LLASILITY ANYAUTO 810532DS375TIL07 11/1/2007 11/1/2008 C0NIEMEDSVGLEU►iIT (Eaaxi<lerd) $ 1,000,000 80DILYfNJURY (Perperan) S I ALL OWNED AUTOS SCHEOULEDAUTOS 13,01111-Y INJURY (Per accident) $ HIRED AUTOS NON- O'AWHED AUTOS PROPERTYDAVAGE (Per ersident) S GARAGE UABILITY AUTOONLY -EAACC ®ENT S OTHER THAN EAACC S R A.VYAUTO IS AUTO ONLY* AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S S S DEDUCTIBLE S RETENTION S WORXERS COMPENSATION AND 7 TO Y�1A-1 OTH• n I ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S ANY ? RO P R I ETOFLP AR TN ER,EXE C LRI VE OFFICERWGMBEtEXCLUDED? E.L. DISEASE -EA EMPLOYEE S Ilyyeeee descrlbeurWer SPEI:IAL PROVISIONS below E.L. GISEASE • POLICY LIMIT 6 OTHER DESCRIPTION OF OPERATIONSILOCATIONS rVEHICLESfEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 9/12/2008 WITH ID: 11341940 Regarding: Special Inspection & Testing Service, Planned Sprague Avenue /Bowdish Street Intersection Reconstruction, Spokane Valley, Washington File No. 1264- 010 -00 It is agreed that City of Spokane Valley is included as an Additional Insured as respects to Qenexal Liability. I.LKI I?-1LAI It MULUtK City of Spokane Valley Attn: Craig Aldworth 11707 Seat Sprague Avenue Suite 106 Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EWKASM CSr 1mL 30 DAYS IA'RITTEV NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE I FcWSC1YDtY L o�x;c� cat x �I ACORD 25 (2001108) Coll:2476604 Tpl:827645 Cert:11346034 ®ACORD CORPORATION 1988 Page 2 of 2 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 farm does not constitute a contract behveen 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. ACORD 25 (2001108) Co11:2476604 Tp1 :827645 Cert:11346034 Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera CA 94925 CERTIFICATE OF INSURANCE a •11l 0111.110 ■04001 DATE 09/17/08 NAME AND ADDRESS OF INSURED GeoG'ngincers, Inc. 523 Fast Second Avenue Spokane, WA 99202 This certifies that the insurance policy (described below by a policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and does not alter, amend or extend the coverage afforded by that policy. Notwithstanding any requirement, term or condition of any contract or other document to which this certificate may pertain, the insurance afforded by the policy is subject to all of its terms, exclusions and conditions. TYPE OF INSURANCE POLICY NUMBER 208019 LIMITS OF LIABILITY PROJECT DESCRIPTION Professional Liability EFFECTIVE DATE 01/01/08 $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE City of Spokane Valley -t=ile No.: 11264- 010 -00 Planned Sprague Avenue/Bowdish Street Intersection Reconstruction EXPIRATION DATE 12131/08 CANCELLATION If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non - payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) City of Spokane Valley J — Attn: Craig Aldworth, P.E. 11707 East Sprague Avenue, Suite 106 City of Spokane Valley, WA 99206 President GEOENGINEERS� September 11, 2008 City of Spokane Valley City Hall 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 Attention: Craig Aldworth, PE Senior Engineer /Project Manager Subject: Confirming Proposal Special Inspection & Testing Services Planned Sprague Avenue/Bowdish Street Intersection Reconstruction Spokane Valley, Washington File islo. 1 1 264-010-01 INTRODUCTION We are pleased to present this confirming proposal to the City of Spokane Valley (City) for special inspection & testing (SI &T) services during the planned reconstruction of the Sprague Avenue and Bowdish Street intersection. This project site was the subject of a previous geotechnical engineering evaluation by GeoEngineers, the results of which are included in our report dated April 29, 2005. We understand the reconstruction project will include using a combination of portland cement concrete (PCC) and hot mix asphalt (FIIvfA) pavements. Approximately 750 lineal feet of Sprague Avenue and about 500 lineal feet of Bowdish Street will be reconstructed. We also understand that pavement surfacing on Sprague Avenue currently consists of a combination of asphalt concrete (AC) and PCC, and that pavement surfacing on Bowdish Street currently consists of AC. SCOPE OF SERVICES Our services will be provided in general accordance with the guidelines contained in the American Association of State highway and Transportation Officials (AASHTO), the Washington State Department of Transportation (WSDOT) Standard Specifications, the City of Spokane Valley guidelines for arterial urban streets, the American Concrete Institute (ACI) and ASTti1 Iruterruational (ASTM) standards, as applicable. Our specific scope of services will be related to: 1. Geotechnical consultation during construction — We will provide geotechnical engineering consultation services during earthwork, including periodic, on -site observation and documentation of the earthwork subcontractor's activities. The results of our findings, conclusions, and recommendations will be presented in technical memoranda, as necessary. 2. Special grading, excavation, and filling — Includes periodic in -place density testing of soil at road subgrade, crushed rock surfacing, ballast, HMA, and for baekfilling storm drain trenches. 3. Structural concrete testing and inspection — Includes periodic concrete test cylinder collection, field testing for stump, entrained air and temperature, and continuous inspection during placement of site - cast structural concrete related to PCC road surfacing, curbs and sidewalks. City of Spokane(- 'ley September 11, 2G-, Page 2 4. Laboratory testing — Includes unconfined compression testing of concrete cylinders collected during placement, and laboratory compaction (Proctor) tests and gradation analyses of structural fill in general accordance with the guidelines and standards indicated above. The HMA will be analyzed for theoretical rice determination, aggregate gradation, oil content, volume of air voids (Va), voids in the mineral aggregate (VMA), and voids filled with asphalt (VFA). 5. Daily field reports — DFRs will be prepared by our technicians to document results of field tests, observations and discussions applicable to the project. Laboratory test results will be provided as data is developed. 6. Final report — At the conclusion of our services, we will prepare a brief final letter report that will summarize our test results, general observations and conclusions while we were on site providing the scope of services above. Copies will be submitted to you and the City of Spokane Valley. TERMS AND FEE ESTIMATE Our services will be completed in accordance with the attached City of Spokane Valley Agreement for Professional Services. The fee for our services will be determined on a time - and- gxpense basis using the rates contained in our Schedule of Charges, which also is attached and forms a part of this agreement. We estimate that our fee for the services outlined above will be approximately $13,921. We will not exceed our fee estimate without your prior authorization and will keep you informed of project status and advise you if it appears appropriate to modify the scope and budget. The basis of our fee estimate is included in the following table. r- Table 1. Estimate of Fees DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The table entitled "Table 1. Estimate of Fees" 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 Lrsuant to RCW 42.56.550. Please note that our services will be provided on a time - and - expense basis. Consequently, you will only be invoiced for the actual time and expenses accrued on this project. If it becomes apparent that the actual construction sequence and schedule varies from that on which our estimated fee was based, potentially increasing SI &T costs, we will advise you and if necessary seek your additional budget authorization. File No. 11264 - 010 -01 GEOENGINEERSi City of Spokane `ley September 11, Page 3 AUTHORIZATION If this confirming proposal meets with your approval, please sign in the space provided below and return one copy to our office. This will serve as your authorization for our services. If you issue a purchase order or a contract for services, please make this confirming proposal a part of that document. We appreciate the opportunity to submit this proposal for SI&T services associated with this project. If you have any questions about our interpretation of the project or our cost estimate, please call. We look forward to working with you on this project and appreciate your confidence in our firm. Respectfully submitted, GeoEngineers, Inc. fa ew L. Blankenship, LG, LEG Associate MLB: tint Spok: PA 11111261010 \01kFinalsk112(A01001p.doc Attachments: City of Spokane Valley Agreement for Professional Services Schedule of Charges — 2008 Spokane Uisclaimcr. Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stone! by GeoLngmeers, Inc.. and will serve as the official document oft-moil. The scope of services and terms described herein are accepted and GeoEngineers, Inc. is authorized to proceed. by Organization Date "Signature Name Printed 'Individual with the City of Spokane Valley with contracting authority and responsibility for payment ofCcoEngimcts, toe, scrvices. Proprietary Notice: The contents of this document are proprietary to GeoEngineers, Inc. and are intended solely for use by our clients and their design learns to evaluate GeoEngincers capabilities and understanding of project requirements as they retate to perfotming the services proposed fora specific project. Cupies of this document or its contents may not be disclosed to any other parties without the written consent of GeoEngincets. Copyright 2003 by GeoEneineers All rights reserved. Frye No, 11264 - 010 -01 GEOENGINEERS