14-074.00 Allwest Testing: Adams Rd ResurfacingLocal Agency
Standard Consultant
Agreement
® Architectural/Engineering Agreement
0 Personal Services Agreement
Agreement Number
14-031
Consultant/Address/Telephone
ALLWEST Testing and Engineering, Inc.
3005 N. Industrial Park, 5th Street
Spokane Valley, WA
99216
(509) 534-4411
Federal Aid Number
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method
❑ Actual Cost
❑ Actual Cost Not To Exceed
❑ Fixed Overhead Rate
Fixed Fee $
Specific Rates Of Pay
® Negotiated Hourly Rate
0 Provisional Hourly Rate
0 Cost Per Unit of Work
Project Title And Work Description
Adams Rd. Resurfacing Project
CIP #0186
%
DBE Participation
❑ Yes ® No %
Federal ID Number or Social Security Number
-- REDACTED.
Do you require a 1099 for IRS?
❑Yes No
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Completion Date
August 31, 2104
Total Amount Authorized $
Management Reserve Fund $
Maximum Amount Payable $
5,997.50
599.75
6,597.25
Index of Exhibits (Check alt that apply):
® Exhibit A-1 Scope of Work
❑ Exhibit A-2 Task Order Agreement
0 Exhibit B-1 DBE Utilization Certification
0 Exhibit C Electronic Exchange of Data
0 Exhibit D-1 Payment - Lump Sum
❑ Exhibit D-2 Payment - Cost Plus
® Exhibit D-3 Payment - Hourly Rate
0 Fshibit D-4 Payment - Provisional
❑ Exhibit E-1 Fee - Lump/Fixed/Unit
N Exhibit E-2 Fee - Specific Rates
0 Exhibit F Overhead Cost
❑ Exhibit G Subcontracted Work
® Exhibit G-1 Subconsultant Fee
❑ Exhibit G-2 Fee -Sub Specific Rates
❑ Exhibit G-3 Sub Overhead Cost
▪ Exhibit 11 Title VI Assurances
® Exhibit I Payment Upon Termination of Agreement
® Exhibit J Alleged Consultant Design Error Procedures
Exhibit K Consultant Claim Procedures
❑ Exhibit L Liability Insurance Increase
® Exhibit M -la Consultant Certification
® Exhibit M -lb Agency Official Certification
® Exhibit M-2 Certification - Primary
0 Exhibit M-3 Lobbying Certification
❑ Fxhibit M-4 Pricing Data Certification
0 App. 31.910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this ifan day of 1(
between the Local Agency of City of Spo e Valley , Washington, ereinafter called the "A CY" ,
and the above organization hereinafter called the "CONSULTANT'.
DOT Form 140-089 EF
Revised 09/2013
Page 1 of 6
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WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROTECT;
and
W) RTAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a parthereo>; the parties hereto agree as follows:
1 General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall fumish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
11 Scope of Work
The Scope of Work andprojected level of effw trequired for this PROJECT is detailed in Exhiibit' A" attached hereto and
by this reference made a part of this AGREEMENT.
111 General Requirements
All aspects of coordination ofthe work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimmn required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis ofrace, color, national origin, or
sex in the perfor mnac of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contacts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown en Exhibit "B" attached hereto and by this reference made apart of this AGREEMENT. If the Prime
CONSULTANT is a DBE fuer they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
Al Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be retuned All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All deigns, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of finis AGREEMENT are instnmvnda of service for this PROJECT,
and ere the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
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IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the teras of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENTtinder
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, bit
may be extended by the AGENCY is the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided' in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. -
VI Sub -Contracting
The AGENCY permits sub -contacts for those items of work as shown in Exhibit "Gs attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub -consultant work shall be based on the cost factors shown on Exhibit "G."
The work ofihe sub -consultant shall not exceed its maximum amount payable unless a prior written approval bas been
issued byte AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub -consultant chall be
substantiated in the same manner es outlined in Section V. All sub -contacts shall contain all applicable provisions of
this AGREIIv1ENT.
With respect to sub -consultant payment, the CONSULTANT shall cottaply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04250 and RCW 39.76.011.
The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior'
written permission of the AGENCY. No permission for sub -contracting shall create, betweenthe AGENCY and sub-
contractor, any contract or any other relationship. A DBE certified sub -consultant is required to perform a minbmum
amount of their sub -contracted agreement that is established by the WSDOT Local Programs Protect Development
Engineer in consultation with the AGENCY.
Vil Employment
The CONSULTANT watnnts that they.have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicitor secure this contract, and that it has notpaid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT,' any fee,
commission, percentage,' brokerage fee, gift, or any other consideration, contingent wen or resulting from the award or
Making of this contract Por breach or violation of this warrant, the AGENCY shall have the right to atmol this
AGREEMENT witbout1iabtilty or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of &e
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of e
third party as a consequence of any act or omission on the part of the CONSULTANTS employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a fall- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the perlomiance of this contract, the CONSULTANT, for itself; its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of.1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et seq)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit I?'
attached hereto and by this reference made part of tbis AGREEMENT, and shall include the attached Exhibit "H" in
every sub -contract; including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part ofthe
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit 'T' for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
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In such an event, the amount to be paid shall be detemrined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date oftennination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another rum to complete the
work inquired and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason tat the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory persomrel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT, ifregoested to do so by the AGENCY. This subsection chap not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights ander the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any fixture act or
omission by the' CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof
Should the AGENCY find it desirable for its own purposes to have previously satisfacton'ly completed work orparts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between ale
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be fatal and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. lithe parties to this AGREEMENT mutually agree, disputes
ccmceming alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes coneFming
claims will be conducted under the procedures found inExhibit "K".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event tat either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The pasties hereto agreethat
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located
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XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws ofthe
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or snits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under This AGREEMENT; provided
the/nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits ere caused by or result
fromihe concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 4223,
which is the Code of Ethics for regulating contract test by nnmicipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE
B. Commercial general liability written under ISO Form CG 00 01 1204 or its equivalent withminimum limits of
one million dollars ($1,000,000) per occurrences and two million dollars ($2,000,000) in the aggregate for each
policy period.
C. Vehicle liability insurance for any automobile used in an anount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies es an additional insured The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one mtilion ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
Page6ofe
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work -
A. The AGENCY may at any thne, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed
B. If any such thong.- causes an increase or decrease in the estimated cost o1, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) ma*inum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected tens and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT mnst submit any' request for equitable adjustment", hereafter referred to as "CLAIM", under
this clause within Thirty (30) days from the date of receipt of the written order. However, ifthe AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
11 Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to This
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of -Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" -are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions,
Exhibit' M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4"
Certificate of Cent Cost or Pricing Data. Exhibit W-3" is required only in AGREEMENTS over 3100,000 and
Exhibit ' M-4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent; of representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the tens hereof shall be valid unless reduced to writing and signed by the patties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to bean
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
Page 7 of 8
In witness whereof, the parties hereto hive eueouted this AGREEMENT:as of the day and year shown In the
'Execution Date' box on page one (1) of this AGREEMENT:
AOT
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tolnnlifrie fihe fnllirvvine
Exhibit A-1
Scope of Work
'ProjectNo. #0186
1 'Rarthwnrle Testing and nhservatinnc associated with sidewalk, etnnnwater ctnlctn*es, imrh irnd
.rfi•iveway_ennstmrtinn• We twill prnvide an F.nginenl•ing Technician to perform density tests /in'fi11 and
tel nhservi and einilnate the. Roils at euhgrade-elevatinns-Tn additinn,:we will provide a te[:hmMan for
CRTC-. den ifyteeting:and :sampling
•7-. ilnnCretP, TPCting•We�w711 pMvide an Rngineering Technician to observe pla[`PMrnt of r..nnnrete_and
:fnrtestin;-fcnnPf•ete'duringplaremenf __- -
.1 'Aplialt Pavements' an Rngineering Teelininian to perform density teitC nn •a4lhalt -
pTced and tri obtain 'samples for •lalitiPatnty testting r hlr.testing cervices will inelnile the fnllnwing•
4-Cientech»inal'P.n ineerinE•WP fui11'provide geinteehniral engineering consultation as.nerded
RPP atfachetl.jnmposal dated'.May 31, 0014 =
Tiaily yield Repot•is
Tsiheitatnry Reports
Documents To Be:Furnish#d By The Consultant
-
DOT F n14aeee Er EzhmwA-t
- ' - aeNeed Nd6 . -
ALLWEST
Testing & "Ehgineering
EXHIBIT A-1
SGOPE OF WORK
Materials Testing
Geotechnical Engineering
Environmental Services
May21, 2014'
Proposal No. P214095
Mr. Pete Pleat
City of Spokane Valley
11701 East Sprague Avenue, Suite 106_
Spokane'Valiey, Washington 99206
RE: Cost Estimate for=Construction Materials Testing
City of Spokane Valley Adarns Road Resurfacing Project
Spokane Valley, Washington
Dear Mr. Fisch:
:ALLWEST Testing & Engineering is pleased to provide you with the following cost
estimate for construction materials testing for the proposed Adams Road project iodated_
at the abo_ ve-mentioned site In Spokane Valley, Washington, Based on' a review of the
available information, we are confident that our firm will provide the necessary testing
services in a cost effective, timely, and professiorial manner. This cost estimate_
summarizes our unit prices and mut estimated fees to provideservices.
PROJECT -DESCRIPTION
We understand the proposed_.project consists' of stormwater managementfacility
improvements and roadway. resurfacing at _the above=mentioned location. in Spokane
Walley, Washington. In general, construction activities will Include subgrade and base
;aggregate preparation in localized repair areas and asphalt surface milling followed by
'overlying of the asphalt surface with new asphalt pavement. "Stormwater management
facility improvements Will be constructed. in various areas throughout the.project site.
This project will elseinclude constftiction of adjacent Portland cement concrete
Sidewalks and.pedestrian ramps at select areas of the project.. ALLWEST anticipates _
ourmatenais testing. services will consist of In -plate subgraite, CSTC, and hot -mix
- asphalt (HMA) density testing, testing of fresh concrete for slump, unit weight,
1390 W. Capstone Court • Hayden, Ib 83635 • (208) 7624721 • Fax (206;7624i942
3005 N. industifai Ln, 5th it. : Spokane Valley,' WA 99216 • (509) _534-4411.. Fax (509) 5349326
2.127 2nd Avenue N.=..Lewiston, ID 8.3501 . (208) 743.5710 • Fax (268)-743-8270
255 N. Linder: Road Ste 100 • Meridian, ID 83642: (208) 895-7896. Fail (208) 896-3959
:CostEstimate fotiConitnKtion Materials Testing
Adams Road Resonating Project
Spokane Valley, Washington
Proposal No. pghos5
'Page 2
entrainment, and temperature, along with compfessWe strength pytinders, and
accompanying laboratory testing services for soils, -aggregate: concrete, and hot mix
asphalt. - i -
QUALIFICATIONS AND PERSONNEL i
ALLWEST employs a staff of qualified engineers, inspectors; and technicians in our five_
offices located in Hayden, Meridian, and Lewiston, Idaho -and Spokane, Washington.
These include six registered professional engineers and over twenty irispectors and
.technicians. • Our Spokane office maintains a national accreditation through American
Association for Laboratory Accreditation (A2LA - htto://www.A2LA.oraisoopeodf/2491-
-01 ipdf) and state accreditation through the Washington Association of ;Building Officials
(WABO - htto:/7Www.wabo.6rgiindex.nhp?gage=aliwest=testin4) All of our offices
employ -ICC -arid WABO certified technicians and inspectors. Additionally, our -
Inspectors and technicians Maintain WAQTC end ACI certifications. 1Ne also provide
_Nott=Destructive Testing (NDT) to Level 11 and Irl ASNT practices. OurSpokane office•
also employs PCI (PrecastiPrestressed Concrete institute) Quality Control Personnel
.Certification Technician Level I.
;SCOPE OF SERVICES
ALLWEST's services will be performed on a ti me and expense basis. Our scope of
services will include the following items;
1. :Earthwork Testing and Observations Associated with Roadway
Construction: -
We Will pr`6vide an engineering -technician to perform density tests en fill place d
and to observe and eValuate the solls at subgrade elevations. Our testing
;services will Include the following:- - -
'Density tests on Structure) fill placed using a nucieardensometer.
:• .Laboratory Proctor, Gradation, Fracture Face; ;and Sand Equivalent tests,
Evaluation -of subgrade.soils prior to placing structural fill.
• :Documenting removal of existing structures.and foundations, including
subezcavation and oversizing, if necessary.
Concrete Testing:
Wewill.provide an engineering technician, to obsenreplacernent Of concrete and
• for testing of concrete during placement: Ourservices.will include the following;
•
Verify .mix specifications.including slump, art content, unitweight and
temperature. !
• '--.Gast compressive strength cylinders as required.
desttinp 8 Ins,
i Materials Testing
Geotechnical Englneering
Environmental seritces
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The one page(s) entitled “Cost Estimate for Construction Materials Testing, pg 3” contain(s)
confidential cost and rate data and is(are) withheld from public disclosure pursuant to 23 USC
112(2)(E).
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.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The one page(s) entitled “Cost Estimate for Construction Materials Testing, pg 4” contain(s)
confidential cost and rate data and is(are) withheld from public disclosure pursuant to 23 USC
112(2)(E).
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.
-Cost Estirnate for Construction Materials Testing
Marna Road Resalfacing-Reject
Spokane Valley, Washington
Phiposal No. P214-095
Page e
REMARKS
We appreciate the opportunity to submit this cost estimate, and we fooRforward to
serving your materials testing needs: For your convenience, we, have submitted two
copies"of this cost estimate letter. Having ah appropriate. representative sign and return
one copy of the attached Agreement for Professional Services can authorize -Our
services. Please understand that the authorizing organization assumes ultimate
responsibility for payment -of our services..lf.yoi have any questions or nee d add itionai
information; please do not hesitate to "call us "af (509) 5344411.
sincerely,
ALLWEST Testing & Engineering, LLC
Tyson Schroeder
Project Manager
Andy J..Eliason, P.E:
Project Engineer/ Materials testing Manager
Attachment: Professional Services _Agreement
4LLWEST
Teat rig a:'Engineering
.IMaterlale Testing
Geotechnroal Engineering
Environmental servlaes
Exhibit 154
Payment (Negotiated Hourly Rate)
The CONSULTANT Shill be paid .bythe AGENCY for dempleted Wink -murices rendered under this
AGREEMENT as provided hereinafter. Such payment shall he Egli compensation for work performed or
services rendered and foraft labor, materials, 'supplies, ecjuiPment, and incidentals =cosset.; b complete the
,Work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31:
41.
HourlyBates The CONSULTANT shall be paid by the AGENCY for Work done, based upon the
negotiated hourly rates shown intxhibit "E''' and !F" attached hereto and by this refereficemade
part cifthisAGIttEMENT. The rates listed shall be applicable for the first twelve (12) Meath
eriod and shall be snbj ect to negotiation for the following twelve (12) month period upon request
tot theCONSIlLTANT Or the AdENCY.Ifitegotiations are not conducted for the second er
subsequent twelve (12) month periods Within ninety (90) days after completion Of the previous
period, the rates hated in this AGREEMENT, ar stbseiMent Written autheikwiesi(s) from the
AGENCY Shall be UtilizedThe rates are inclusive of direct silaries;payroft additives, overhead,
and fee. The CONSULTANT shall 'maintain support data to Verify the hours billed en the
AGSMNT;
Direct Nen-$1ftatY,Costs:19teCt Nest -Salary Costs will be reirtibursod iit the Aetna Cosi to -the
CONSULTANT, These charges May include, but are not to, the iolloWing.iteins: =vet
;printing len/ distticetelephenb, supplies/ =Minter chimes add Stib:cotticultini =its:
a. &train travel will be reimbursed only to econtiray9less levels unless
otherwise approved by the AcE*V;The CONSULTANT Shall Comply With.
the rola and regulatieristegarding travel costs (excluding au, train, and rental
.
carcosts) hi acCortianee withthe AGENCY% Travel Rides andProcedures
However, air, train,and rental car costs hn1I be reimbursedm accordance with
4SCFR Part 3120546 "Travel CostS."
,
-.6.• Thebilling for Directn-aster* Costs shall include ea itemized listing
the Charges directly identiftablo With thePRGJECT:
c. The efroNSULTANTSIallmaintain the original suPpOrting tioeniiieMs in their
!new. Ccipies of Me Miginal suppOrting dommients eaPPliediethe
:APEKYlipottmliAeat•
a. All chatges =1St be neeessiny for thiamine§ Provided under this
AGMS
31 lifaaigementReServe,Fund: The.AGE:NctillaY cstaljlish i.Mai.eflttevit Reierve!eml tp
providelite Agreement Administrator with the flexibility to antheiiieadditiOnal funds to the
.AopailmiNT for allowable =foreseen costs, di reiniburaingthe CONSULTANT foriendftional,
Weric-beYond thatkireadydeftneti in thiSA610314ENT. Such authonzation(s) shall be in %tilting
atieshill not exceed the lesser of $100,000 10% Utile Total Arndt= Authorized as shown inlhe
heading ofthis AGftgiamENT. The emit= included1er the hamiagetteriifteserve fund is shown
'in the heading of this AGREEMENT; This fund may not be replentsbed. Any &Mges requiring
additional costa in excess of the Management Reserve Fund shill be made in acnotainee with
Sedicgt$CIV'Ealie-77 Wteit,."
DOT- Fcrni 14040 EF Erhibit D.3
Revised 3/09 n
Matiniuni TJtal Mabun't Payable:The Maximuni Total Amount Payable by the AGENCY re the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of
this AGREEMENT. The Ivitotimma Total Amount is comprised ofthe Total Atiotmt
Authorized, and the Management Reserve Fund. The Maidnitun Total Aniatint Payable does not
inchniepaYinep for Extra: Work as Stipulated in Section XIV, "Extra Work." No
luipitin}paYible is guaranteed tinder this AGREEMENT.
Monthly Progress 'Payments; Progress payments maybe Claimed on a monthly basis for all coati
authorized in 1 and 2 ahOve. The Ponthlytilling shall be supported by'detailed Statements for
hops expended at the rates established it Exhibit `Vitaltiding names and classifications of all
employee-40Pd billings for all direct non-salary eipenses. To provide aMeatts vetifyirik the
billed salary costs for the CONSULTANT employees, the AGENCY may conduct employee •
interVieWs. these intervieWsay conSist o
may reeording the name% titles, salary itites, andpieSent
• •
duties of those einployees 'perforating work on thePROJECTat the time of theintoryieWt
Thal Payment Final Payment of any balance due the CONSULTANT of the gross amount earned
twill be made iiiontptly upon its ycrification hy the AGENCY after the completion of the work
.
under this AGREEMENT, etintatgant4en teCeiPt af ahlisal. plans, biaiktthiscrePottk
eleatroiia data and other related doPmients-Whith are required to be furnishedtinder this
AGREEMENT. Acceptance of such FinalPayittent by the CONSULTANT Shall constitute
release of claims for payinctit,Which the CONSULTANT niay have against the AGENCY
thilesi such chains are specifically reserved in writingland transmitted to the AGENCY bythe
CQNSULTANTInthrtO its aceentititee.:said Final Payment 5tui1 I not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANTor to anYiertiedieithe AGENCY
mu pursue With reSpectzm sich
'The payment orghy bilJing wiJ1 not constitute agreement as to theapproPriateness of any iteta
and at the tithe offmal audit, all required -acijustments bernade and reflected 4111.441-
_
p
:ayinent: In theevent that snob final audit reveals tiii twerpaylim: id to the CONSULTANTAthe
iqtaNaTANii will refund such OVinpayment to the AGENCY witinntirtY (3'0) dais oftuitiee
of th; oyerpaythent Such refund Shall not constitute a waiver bythe .CONSULT-ANT for any
claims .relating to the validity cif a finding bythe AGENCY of oVerpayinentt, -The CONSVLTANT
rbes twenty (20) days after fice‘t ofthe final POST AUDIT to begin the appeal process to the
AGENCYIO'r audit linclitgs.
inspection of tostflocbOtli: ThetONSULTANT find their aith-conatiliants shall icein -available for
4
inspection by representatives of the AGENCY, STATE and thebtitted States; for a period ofthree .
(3) years ifterrecelpt of final paythent, dte,Cbact fee:cords and accounts pottainbig to this
AGARMENT-ind all items related to or bearing upon these reedits with the toilet:*
thieeptioni if MO litigation, clan» or audit attoitig:thit o inconnection With, of related to this •
contract is initiated before the aphelion ofthe three (3) Yarperiod, the cosiregards and accounts
flail be retithedmitil guch *titian, olajm, or: atulithiVelvitk the tioordais ccitopietio.
• .
Exhibit E=2
Consultant Fee Determination - Summery Sheet
(Specific Rates of Pay)
)
Fee Schedule
Discipline or Job Title
'SEE ATTACHED 2014
SCHEDULE OP CHARGES
DOT Fain 14O -B88 EF E7fi@II E2
RNB -evised B
Hourly Overhead Profit Rate
Rate % e ye Per Hour
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The two page(s) entitled “2014 Schedule of Charges” contain(s) confidential cost and rate data
and is(are) withheld from public disclosure pursuant to 23 USC 112(2)(E).
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.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The one page(s) entitled “G-1 / Subconsultant Fee Determination – Summary Sheet” contain(s)
confidential cost and rate data and is(are) withheld from public disclosure pursuant to 23 USC
112(2)(E).
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.
Exhibit H
Title Vi Assurances
During the performance of this AGREEMENT, the CONSULTANT; for itself, its assignees, and successorsln
interest agree3 as follows:
1. 'Compliangewith;Regulations;lheCONSULTANT-shall'complywiththeAegiilationsrelatitetofan=
disetii inatiogiu federally assisted programs of the AGENCY, Title 49, Code ofFederalRegaiations,'Part
21, as they May emendedfrom time to time (hereinafter referred to as the '"REGULATIONS"), which
are herein incorporated by reference and Made a part of this AGREEMENT:
• 2. Non-discrimination. The CONSULTANT, with regard to the work perfomied during the
AGREEMENT, shallnot discriminate On the-grounds of race, Dolor, sot,* national origin in the selection
and retention of sub-consultants, ineluding procurement ofmaterials and leases of equipment: The
CONSULTANT shall notparticipate eifher.directly or indirectly in the discrimination prohibited by
Section 213.of the REGULATIONS; including employment predicts When the,AGR_ EEMENT covers a
Pingram set forth in Appendix B of the REGULATIONS.
3 ' ;Solicitations forSub constiltahis,7n61udingProcurement of,Materials and Egwpmenti In• all,solicitatiobs
gither by competifivebidding of negotiations madebythe' CONSULTANT for work to' be performed _
Wider a sub-eontract; including procurement ofmaterials or leases of eguipmeat,.each potential sub-
consultant or supplier shall be noted try, the CONSULTANT ofthe CONSULTANT'S obligations under
this- AGREEMENTand the REGULATIONS relative to non-discrimination on the grounds ofrace,color,
-seal, dr.natipnal origin.
4: Information andReportsi The CONSULTANT- ahallprotide all information and reports required by the
REGULATIONS or directives issued thereto; and shall permit access to its'bboIc records, -
iccounts; other solaces of information,' and its facilities es may be detemtined by AGENCY;'STATE or
the FederalHighway. Adntinistiratiou (FffWA) to be pertinent toascertain compliance with'such<
REGULATIONS, orders and instructions," Where any information required of a CONSULTANT.is in the
exclusive possession of another wl o fails or refuses to furnish t th inforinatien, the CONSULTANT aliall -
So certify' to the AGENCY, STATE ohhe FHWA appropriate end and shall set forth what efforts it bas
made to obtain the information. '
5: Sanctions for ,Non-compliance: In the event ofthe"CONSULTANT'S non-compliance with the non-
disctimination`provisions 61.44 AGREEMENT, the AGENGY,:zltalf impose such AGREEMENT
sanctions as it, the, STATE or ihe'FHWA may determine to be propriate, including, but not limited to;
Withholding ofpaymems to the CONSULTANT under the AGREEMENT.until the
CONSULTANT complies, and/or-,
•. Cancellation,•teintination, or suspension Of the AGREEMENT,' in whole or mpart
13f)rFixln 14O U EFSmmf $
b. :Incorporation ofProvisions: The CONSULTANT shall inehidethe provision's of paragraphs (1) through
(5) in every sub -contract, including procurement cif materials and leaSea ofegnipment, unless exempt by
the REGUTATIONS, or directives issued pursuant thereto." The, CONSULTANT shall take such action
with respect to any sub -consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions fornon-compliance.
Provided, however, that in the event a CONSULTANT becomes thrived in,ott is threatened with,
litigation with a sub -consultant Or supplier is a result of such direction, the CONSULTANTmay request •
the AGENCY and the STATE enter. into such litigation to protect the interests of the AGENCY and the
STATE and,. in addition, the CONSULTANT may request the'United States enter into stthh litigation to
protect the interests of the Milted karts.
Exhibit I
•Payment Upon TertnInation of Agreement
By the Agency Other then Tot
:FOB of the COnsuitant
(Refer to Agreement, Section D9 _
tuttipSoin Cbribette
A final payment shill be made to the CONSULTANT which when added to any payments previously Matte shall
'total the same percentage of the LuMP Sum Amount as the work completed at the time ofterniination.iito the
-total work required for thent04gf. hi addition, the CONSULTANT shall be iaid for any anthariiedodia
'Work Completed.
coirt Plus Feted Fee COritracts
A final payment shall be trade to the CONSULTANT Which when added to anyPayntenta previously matte, shall
total the actual costs phis the tame pereerifige ofthetted fee al the work completed at the tune of termination is
-to the total work required for the Ptojeet. In addition, the CONSULTANT shall be paid for any authorized extra
Speolfit .Rates iliP.ey:Contrecte.
kfulai.ipeytneet shall be made to the CONSIJLTANT lbr dtual hours charged itthe time oftemilnittion of thls
AGREEMENT pity any direct riOnStilary costs Inc:tined at the time Of terininntiOn ottliiaAdflawhtf.
Cost Per Unit of Work Contracts
A
rumipayment shall be made toCONSULTANT for actual units cif work completed at the time of
termination 6! this AG Laivr_SRT.
DOT RIM14061191F
- Revised OM
Alleged COnsultani Design Error PietetinfeS
The purpose of this e*hibit is to establish moceciute to determine if a tonsultanestillegethiesign of it
,nature thit exceeds the ictepted Standard of eate.Iteddition, it will establish a imifo :rin method for the resolution
and/or cost recovery protedtiresta those instances whete the agency believes it has &feted Some Materiel damage
tine to .theulleged etibfby the ecinaultait
,Stepl —15otenial colisulianitesign Ertot(1) iald_eaed by Agency's PrOject Manager
At thefitst indication Of potential 'consultant design rMr(s),' the Oat step in she !process is for the Agefici4
,pinjeot manager to notify the Etirector tif Public 'Works or Agency Engineer regardingthePottadial
4&3:3Sigil t3113613(s). liotfederaliY fiinded projects, theRegionllighWats end Local PregiMniEngineer
SOUR be infotmed and involved in thateprocedures. (Note The offitibliC.Warkt er Agency
;Engineer may appoint an agency staff person other than the project thatiagerywitti las riot been is.
directly.invOlved in the prcijebt.,:t� beleaponalble for the 'famaiiting steps in these racedurea)
Sten Z."-Piojeetivianaget Documents the Alleged Consultant Design Error(s)
After discussion 'Of the alleged design mitt(t) and thentagninide of the alleged error(s), anci-with the
3 31Nractoi of Public Woilis or Ageney-Efigititor's.conclitence, the project manager obtains more detailed
documentation Men 15 tOrtiallyreqtlire. d on the project Examples include: all decisions and
de:scrip—lie ofwork, photographs, records oflaborintatifials and equipment.
r•
.8te13.! 04:4410 the comtilt,It. riagilliiPs *Alleged Design acoli(e)
if it is detennified that there is a heed M Proceed further, the Scit steP Stile precesS is for the ;pireject
manager to co:Main the consultant 1.4(1'441g -the alleged design etre® atititheinagniMda Of the alleged
•error(s) ; The prejeCt manager and other appropriate 401;y:staff should represent the agency and the
consultant should be repiliented by tbeir project Sitigetilfid any personnel (incleditig sub -consultants)
deemed appropriate for the -alleged design error(s) issue.
>Step 4 -4ttehipt to ReicilveAlliged,Thisign
Anef thepiteSig(sj the_cOnsullint Mire been CoSpleted,regarding the oenseliant'S allogefdeS
prort_fri), there are tbretjpossi:ble gdgarios:
1 Ai -determined* miscal egrceineidthalthere cit 1yr...ossified deagn eircsts).4
WS:lite Gest, iholthe prothqS Will set Pia -aced Wepicl this Ohre.
it is determined via mutual agreement that a consultant tiesigo-Ctror(i)eccurrea.lithis
is the case, then the Director -Of -Publie Works orAgency Engineer; Or their
seprescritsiiifcs, negotiate a settlement with the coesultact. Thesettlemeolikotig be
paid to the agency or the gin: punt would be reduCeil frein the Constilitat's agreement
3%lik* the 'agency for the services otalle project in which
the design error took place. The agency to provide Help, tlitTatigh theWee-oil
- —
DOT Famil 4D -0U ettedt
Ft. 1106
Prrigranit Enenviet,:a staining pithesettlementfor review end tn in*
adjusinienis; if any, as t� how the aettlenientaffeetafedefal reicnbuisenients. No
furtheractionialegIUML
There is not a mutual agreement regarding the alleged consultant design error(s)
consultant maYrequesi that the alleged design Mil® issue be forwarded to
:the Director ofPublic Works or Agency Engineer for roView. lithe Diregtoi of
-:dcobliCWOrhs'ifit Agency fingineet.altatreview-with their legal counsel, is not at*,
'to itichniutual agreennitit with the tonsUltanc-prOgeed t� &eli5.
Step 5 -TOrWetri Pigments to Highways and Local Programs
For federallyfunded projects all iivaiiatiale inkintuition; incinclingcolgahbuld be forwarded through-the
Region Highways and Loa1 Programs Engineer to R&LP for telt review and consultationWith
Ibe FT-IWAi H&LP will raid with tepreigniatp;as -of the agency and the consultant to review the
dosigtierrOt(a), and attempt to find a resolution to the issue.IfiregetsarY, H&LP will
request assistance froth the:Attorney General's Office for legafineetpretariciitlitiWill also
identify how the alleged etrot(sY affects' eligibility Ofprojecicosts for federal reinibiusement. -
mutual agreethenis MOO, the agency and consultant adjnit the stale Otifitirk
and costs to reflect the agreed upon resOlitiOn.:14/thli; in consultation With Egcpc,
Will identify the amount of federal participation nidip agreed upon
tesolntion &the little.
• Uplift* agreeinein it not reagited, the ogoo:oy dOntUltiiittntiay tech s;...-ffietilent
thy eibittatiop or 1.'04010,
Eghibit.K
tConsul`taftt Claim procedures
the purpose of this mthibit is to describe epiccedare regarding claims) on a consultant agreement. The'folowing
pacedures should only be utilized on consultant,clauns greater than $1,000. If the consultant's claim;(s) are a total
.,Of $1,000 or less, it would not be post effective "toproceed tliroagh the attained steps. It is suggested that the
,Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claims)
that total $1,000 or less.
This'exlia if will outline the piocedureSto be -followed by the consultant and the agency to consider a potential
•Claim by the tch suhatit.
Step 1- Consultant Filet; aClaim with the AgencyProject'Manager
If the consultant determines that they were requested to perform additional• services that vete outside Of the
ag`'reemen?s scoPe of work, they may be entitled to a claim. Thefirst step that must be completed is the'
rePest for consideration of the claire'to the Aganey's project Managers
' The consultant's claim must outline the felloWing::
r .Summation of hours byclassificatioh'for eacb'fim-. that's included in the claim;
• Any corrrespondence that directed the consultant to perfornithe additional work;
_ Timeframe of the additional worktbat was' outside of the
• -Summary of direct labor' dollars, overhead costs, profn and reimbursable costs associated with
the additional ivoiit end
• 'EMUnation-as to why the tonsultan t believes the additional workwas 'outside of the_
agtotari nt scope ofvvork,
:Slip 2—:lieviewby,AgeneyPersorinedRegarding the Consultant's Claim forAdilitional Compensation
After"ttie consultan' has completed step 1, the nS atop in the-probess tate forward the reguesf q the
Agency's project manager. the project manager,will review the consultant's claim and will met with
tthe.Director pf Public Works ot AgencyEngineer to determine if the Agency agrees with the claim.if
.'the FHWA is participating hithe,pieject's'fiinding, forward a copy elate eonsultant's claim and the
;Agency's recommendation for'feacral participation in the claire tothe WSDOT Highways and L opal
Programs through its Region Local Programs Engineer-Ifthe claim is notnateligiblefoi federal
pattioipation, :payment vtnIl need to be fronr agency funds.
`Ifthe_Agency:project manager, Direetor"of Public.Works of 400/Engin-of, WSDOT Highways and
The: Piograins (if applicable), and FHWA (if applicable), agree with the:censultant's claire, send a
repeat memo, including backup documentation to .the Coitsidtant to'either supplement the agreement,
or create a new.agreement fort& claim: After therequest has' bean _approved, the Agertcyshall write
the supplement and/or new agreement and pay the consultant the amount bf the claim. Inlet= the
consultant. that the finalpaymeitt for the agreement' is subject to audit. No further action in needed
:reg&rdingthe olalnipiaceauretif
DOT Form i 1F Exhibit
ill the AgenekdOeS iibt agree iviihthe Centilitre plan, preteed ni step 3 Oidie-Procedures,
t.-Stet4 —Proparationef SiiPpOrt Poeinneutationlleptding Consititatirs blaingS)
If theAgeney d6esnet ali;Tee'With the tenStiltaftes elan, theffrojeet nianager ihail prepare a summary
„ ,
:.foithe DireetO of Ptiblie Works' et Ageno03tigineer.ihrit ineiutted the'f9110Y.fing:
• C(.6py ofinfornititien Sup: ecatitant regarding thCeisizt
• Agency's eummation.ciiikant by classification for each firm that should be included m the
clam
• .Any tortetpopdente that directed the Ooninitent to,Pettointhe additional wont;
Agency's• suiniti4 of direct dollars, overhead costs, profit andieimbintable costs
associated With the additidnil ivtiric,15
Explanation regard* those areal in Which the Agency Jeea/does not Agree with the
consuitanta elsiM(s),
• TgaiiiitiOn to tipsditiii kYliat haiteeninstititleci preeldie fulur—e.conialtant claini(s); and
ReColumentiaitons fo resolve the claim,
Step 4 -Director &Public Works or AgencyEngineer 4yiewt-consultant glean and Agency
:6:tainientitien
•_
The bfrectorfif Pnbie Works Or Ageneytngineet.thall reyreWsied administratively appitaie or
disapprove the elaini, or portions therent.which maYhtelnde getting Agency Colnigil or
tonitilission ajipitival (as appropriate to agency dispint resolution preeetlurea).ffthe l:inject
.involves federal paiticipation, obtain coneurrenee frOMWStpali:ghwaya aM Lobal Preto/int
and.:HWA tegaiding final settlement Of the elan:lithe olaiMis not eligible tot:federal
participatien,fpayment will need to be from agency funds.
*en 5 —Info -fining Constiltant Oti;IreeisiOn itegatding the Oliim
The Diteatfr iiiPiiblicViiitth or AgokesiThigineer shall notify Wiriting:)the consultant -of their flag
_
• dedilioti regarding the eonStitairrs.plaim(s). Include the final d�Ilar amount Of the accepted -claim:
(s) and rationale *plied for the *Won
tp 5iratitai of StippInto? NeWAgreement for the tontallinrs Clidni(S)
•
The agent)? Stall *site the supplement and/Or new agreement and pay the consultant the amount Of the
debt intern:idle e.onstiltaiit tint lie final Payment tot the ago:dont is subjett to audit_
fxhltiit M -1(a)
. Certification Of Consultant
ProjectNo. #0186.
nn Local Agency
I hereby certify that ant rfi $ b V Ed A, c)N and duly authorized
repiesentative of the firth of ALLWEST"testing and Engineering, Inc. whose address is
w , trig t s "Ri A L LAA E 11 andthat'neither`Inor the ENS ve
firraIhelp representlies: S-02ar, sPOKANe- V4LLe/jtOi 99:16-
(a) Employed or retained fora commission, percentage, brokerage, contingent fee, or other
consideration, any flim orperson (other. than a bona fide employee working solely forme orthe
the
above CONSULTANT) to sclioit f.secure the ASREE E T ;
`(b) :Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of anytirm or pbrson'in connection with carrying out this AGBSME JT; or
,(c) Paid, or agreed tc pay, to any,firm, organization or person Other than a bona fide employee.
working solely forme or the'above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in Connection with, procuring in Carrying but this AGREEMENT
extiept as hereby expiessly stated (ifany);
I acknowledge that this certificate is to be available to the Washington State Department Of
Transportation end the Federal Highway Adniinisstraation,'U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highwayfun'ds; end is
subject to applicable State aid Federal Jaws, bath Criminal and civil.
-2Date
Cor a�a aEFSmmaego).
EXhibit Rik (0)
Cettiti cati99 ig! et 10y **clad
3 hereby.pertify that I am Ate .004c1-ejEfielai.oi•ihetcieal digencY bf --diiy of •Sriejeene VaileY
WitelitlikkiniThad that the Consulting ruin or it representative has not been required, directly or initiocti as an.
express iir implied perdition in conneotion wiM'ohtaitdng or !Wing put this AWE:Nil:NT:to!
one? Mini or agree to etnploytbttitharftrci�r
(b). Pay,i#41.grgt tiOt, any tin; person, of otpartliation,m0eolcontrihtitionsihniation, t-
cOnSigeratiOn of atiy'iOng; e?ceept as liereby.orlireagy-atated (if any): •
acknowledge that this certificate is to be available lo*eNVtiebinktati -ttate'Deliarbitent of
ITrensportation and the Federai ifigbwaykiininistnteith, U.S:.Depaiiinent of Tranaportation,,in
copneetionvith.thieAGIWNST involving participation Of Federal -aid highway eii•
•subject to applicable State and Federal Iii**13Oth criminal and civil.
fraffil 40488EnEihibit Mai 4
Signature
Exhibit M2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters -Primary C6vered .Transactions
The priespe-Clive primary participant certifies to the best of its knowledge and belief, that it add its
principals:
A: Aranot debarred; ausp'ehded,,proposed for,debarmerit, declared ineligible, or
voluntarily eseluded from covered transactions by any federal department or agency;
B. Have not within a three-year, period. preceding this proposal been convicted of or had, a civil
jndgnient rendered against them for commission 'or fraud or a criminal offense -in connection with
obtaining, attemptingto obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust 'statues or corrin scion of
entbezrlement, theft, forgery, bribery; falsifica tion or destruction of record_ s, making false
statements, or receiving stolen property;
•Are not presently indicted for or otherwise criminally'eta charged by a governmental
entity (fedetal,:state, 8r'locai) with commission of any of* offenses enumerated in paragraph' (1)
M. of this ceitifcation; and
D. 'Rave not Within a three (3) year period preceding this a pp li6ation/preposal had one or mare
public transactions (federal, strife, of loci]) terminated for cause or default,
Whore the prospective. ptimaryparticipant is. unable to cettify`t6 any of the statifients in this
.certification; such prospective participant shall 'attach au explanation to this propusat.
;Consultarit(Firm): -MJSs TestingaddEngineering,In6.
572-11J4
Coate)
rim ^FormiMesEFF IiM.2'
ALLWTES-01
DFALKNERI
A`-- v CERTIFICATE OF LIABILITY INSURANCE
DATE5/23/DD/YYY1T
5/23/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policyges) must be endorsed. 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 (leu of such endorsement(s).
PRODUCER
Moloney, O'Neill, Corkery & Jones Inc
2065 W Riverstone Dr #105
Coeur D Aisne, ID 83814
CONTANAME: Debbie Johnston, CPCU, ARM, CIWCS
PHONE 208 770-3844 PAX
IANC. No. Extl: ( )uvc, No): (509) 325-1803
=ass; djohnstoncmo-ins.com
INSURER(S) AFFORDING COVERAGE
NAIC k
INSURER A:Ohio Security Insurance Co
COMMERCIAL GENERAL LIABILITY
INSURED
Allwest Testing & Engineering, LLC
PO Box 3149
Hayden, ID 83835
INSURERB :American Fire and Casualty Co
BKS55122284
INSURER C:
06/23/2014
INSURER D :
5 1,000,000
INSURER E:
S 1,000,000
INSURER F :
S 15,000
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT 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 POLIC ES DESCRIBED HEREIN I5 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTRINSR
TYPE OF INSURANCE
ADOL
SUER
WVD
POLICY NUMBER
POLICY EFF
(MDDNYYY)
MI
POLICY EXP
IMMIDDIYYYYI
LIMITS
A
GENERALUABILRY
X
COMMERCIAL GENERAL LIABILITY
X
BKS55122284
06/2312013
06/23/2014
EACH OCCURRENCE
5 1,000,000
DAMAISETOREMEO
PREMISE TO RENamence)
S 1,000,000
MED EXP (Any one person)
S 15,000
CLAIMS -MADE X
OCCUR
PERSONAL Er ADV INJURY
S 1,000,000
GENERAL AGGREGATE
S 2,000,000
PRODUCTS - COMP/OP AGG
S 2,000,000
GENT_ AGGREGATE77LIMIT APPLIES PER:
��
7 POLICY I A I PR4 f LOC
$
B
AUTOMOBILE
X
X
LIABILITY
ANY AUTO
ALLOWNED
AUTOS
HIRED AUTOS
_
X
SCHEDULED
AUTOS
NONaKNED
AUTOS
BAA55122284
06/23/2013
06/23/2014
(CEOBBBIINED SINGLE LIMIT dent)S
1,000,000
BODILY INJURY (Per person)
S
BODILY INJURY (Per accident)
S
PROPERTY DAMAGE
(PER ACCIDENT)
S
$
UMBRELLA UAB
EXCESS UAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
S
AGGREGATE
1
1
DED RETENTIONS
A
WORKERS COMPENSATION
AND EMPLOYERS' UABIUTYTORYI
ANY PROPRIETOR/PARTNER/EXECUTIVE YIN
OFFICER/MEMBER EXCLUDED/ [J
(Mandatory In NH)
If yes, desalts under
DESCRIPTION OF OPERATIONS below
NIA
BKS55122284
06/23/2013
06/23/2014
VC STATU-
IMITS
OTH-
FR
E.L EACH ACCIDENT
S 1,000,000
E.L DISEASE - EA EMPLOYEE
$ 1,000,000
E.L DISEASE- POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remade Schedule, amore space Is required)
Project: 214-168T Adams Road Resurfacing Pro ect -CIP 40186
City of Spokane Valley is additional insured with respects to general (lability as permitted by the policy.
CERTIFICATE HOLDER
CANCELLATION
City of Spokane Valley
11707 E Sprague Ave, Ste 106
Spokane Valley, WA 99206
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2010/05)
®1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ALLWEST TESTING & ENGINEERING, L.L.C.
DUNS: 785707840 CAGE Code: 58N25
Status: Active
Entity Overview
Entity Information
Name: ALLWEST TESTING & ENGINEERING, L.L.C.
Business Type: Business or Organization
POC Name: Erin Rigby
Registration Status: Active
Activation Date: 03/03/2014
Expiration Date: 02/28/2015
Exclusions
Active Exclusion Records? No
12928 E Indiana Ave Ste 1
Spokane, WA, 99216-2712,
UNITED STATES
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