09-087.00 GeoEngineers: FWD & Curing ProjectLocal Agency
Standard Consultant
Agreement
® Architectural /Engineering Agreement
❑ Personal Services Agreement
ireement Number
09 -034
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
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work
Consultant/Address/Telephone
GeoEngineers
523 E. Second Ave.
Spokane, WA 99202
PH: (509) 363 -3125 FAX: (509) 363 -3126
Project Title And Work Description
FWD testing, pavement coring and resilient
modulus value calculation per scope described in
May 12, 2009 GeoEngineers Scope letter.
20Q� F\tJ -71F�4*f
DBE Participation
❑ Yes ® No %
Federal ID Number or Social Security Number
REDACTED
Do you require a 1099 for IRS? Completion Date
® Yes ❑ No December 31, 2009
Total Amount Authorized $ 35,000.00
Management Reserve Fund $ 3,500.00
Maximum Amount Payable $ 38,5 00.00
Index of Exhibits (Check all that apply):
® Exhibit A -1 Scope of Work
❑ Exhibit A -2 Task Order Agreement
❑ Exhibit B -1 DBE Utilization Certification
❑ Exhibit C Electronic Exchange of Data
❑ Exhibit D -1 Payment - Lump Sum
❑ Exhibit D -2 Payment - Cost Plus
® Exhibit D -3 Payment - Hourly Rate
❑ Exhibit D -4 Payment - Provisional
❑ Exhibit E -1 Fee - Lump/Fixed/Unit
® Exhibit E -2 Fee - Specific Rates
® Exhibit F Overhead Cost
® Exhibit G Subcontracted Work
Q Exhibit G -1 Subconsultant Fee
❑ Exhibit G -2 Fee -Sub Specific Rates
❑ Exhibit G -3 Sub Overhead Cost
® Exhibit H Title VI Assurances
® Exhibit I Payment Upon Termination of Agreemer
® Exhibit J Alleged Consultant Design Error Procedi
® 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
® Exhibit M -3 Lobbying Certification
® Exhibit M -4 Pricing Data Certification
® App. 31.910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this C day of 2009
between the Local Agency of City of Spokane Valley , Was gton, hereinafter called the "AGET
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
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G6`1 -087
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 PROJECT;
and
WHEREAS, 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 part hereof, the parties hereto agree as follows:
I 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 furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the 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 minimum 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 of race, color, national origin, or
sex in the performance 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 contracts. 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/MfWBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown on Exhibit `B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm 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.
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are 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.
Page 2 of 8
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms 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 AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in 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 - contracts for those items of work as shown in Exhibit "G" 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 of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be
substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 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, between the AGENCY and sub-
contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum
amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid 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 upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability 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 the
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 8
third party as a consequence of any act or omission on the part of the CONSULTANT'S 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 full- 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 performance 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 Chapter 3 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 "H"
attached hereto and by this reference made part of this 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 of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" 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.
Page 4 of 8
In such an event, the amount to be paid shall be determined 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 of termination, 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 firm to complete the
work required 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 that 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 personnel
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, if requested to do so by the AGENCY. This subsection shall 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 under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future 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 satisfactorily completed work or parts
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 the
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 final 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. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K ".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that 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 parties hereto agree that
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.
Page 5 of 8
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 of the
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 suits 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
that 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 are caused by or result
from the 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 42.23,
which is the Code of Ethics for regulating contract interest by municipal 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 and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount 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 as 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 million ($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.
Page 6 of 8
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 time, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, 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) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must 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, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. 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 Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 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, or 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 terms hereof shall be valid unless reduced to writing and signed by the parties 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 be an
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
i
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
By By
V
Consultant A enc C of S kane Valle
s y � Y
DOT Forth 140 -089 EF
Revised 3/2008 Page 8 of 8
Exhibit A -1
Scope of Work
Project No. 09 -034
FVM testing, pavement corinia and calculatinn of existing road s r modiffli esner
May 1 2,2QQ9 GeoFFnn2ineers Score letter
Documents To Be Furnished By The Consultant
Report conta data from F alling –Weight testspavement core -data, and calculation
Drocedilres and results for resilient modiffli f existinja road s layer; in aSDhalt con crete—
stirfaci�, cnishec� surfar�'ng_and � ubgrad e
DOT Form 140 -089 EF Exhibit A -1
Revised 6/05
Exhibit D -3
Payment (Negotiated Hourly Rate)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. 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.
1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made
part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month
period and shall be subject to negotiation for the following twelve (12) month period upon request
of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or
subsequent twelve (12) month periods within ninety (90) days after completion of the previous
period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the
AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead,
and fee. The CONSULTANT shall maintain support data to verify the hours billed on the
AGREEMENT.
2. Direct Non -Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel,
printing, long distance telephone, supplies, computer charges and sub - consultant costs.
a. Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. The CONSULTANT shall comply with
the rules and regulations regarding travel costs (excluding air, train, and rental
car costs) in accordance with the AGENCY'S Travel Rules and Procedures.
However, air, train, and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205 -46 "Travel Costs."
b. The billing for Direct Non -Salary Costs shall include an itemized listing of
the charges directly identifiable with the PROJECT.
c. The CONSULTANT shall maintain the original supporting documents in their
office. Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
d. All above charges must be necessary for the services provided under this
AGREEMENT.
3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to
provide the Agreement Administrator with the flexibility to authorize additional funds to the
AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional
work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing
and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the
heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown
in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring
additional costs in excess of the Management Reserve Fund shall be made in accordance with
Section XIV, "Extra Work."
DOT Form 140 -089 EF Exhibit D -3
Revised 6/08
4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of
this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount
Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not
include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum
amount payable is guaranteed under this AGREEMENT.S. Monthly Progress Payments: Progress
payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The
monthly billing shall be supported by detailed statements for hours expended at the rates
established in Exhibit "E ", including names and classifications of all employees, and billings for
all direct non - salary expenses. To provide a means of verifying the billed salary costs for the
CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews
may consist of recording the names, titles, salary rates, and present duties of those employees
performing work on the PROJECT at the time of the interview.
6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment, which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and
at the time of final audit, all required adjustments will be made and reflected in a final payment. In
the event that such final audit reveals an overpayment to the CONSULTANT, the
CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice
of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT
has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3) years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following
exception: if any litigation, claim or audit arising out of, in connection with, or related to this
contract is initiated before the expiration of the three (3) year period, the cost records and accounts
shall be retained until such litigation, claim, or audit involving the records is completed.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled " Exhibit F / Overhead Cost contains confidential cost and rate data and is
withheld from public disclosure pursuant to 23 USC 112(2)(F).
Prenotification; confidentiality of data A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
You may petition for a review of our findings pertaining to any redacted or withheld documents
pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled " Exhibit E -2 / Consultant Fee Determination — Summary Sheet contains
confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC
112(2)(F).
Prenotification; confidentiality of data A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
You may petition for a review of our findings pertaining to any redacted or withheld documents
pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
EXHIBIT G
Subcontracted Work
The AGENCY permits subcontractors for the following poriton of the work of this AGREEMENT:
North Star Enterprise, Inc.
Spokane Concrete Cutting
File No. 11264016 -00 GWENGINEERS
EXHIBIT G -1
Subconsultant Fee
The AGENCY permits subcontractors for the following poriton of the work of this AGREEMENT:
Pavement Engineers
File No. 11264 - 016 -00 GWENGINEERS
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part
21, as they may be amended from 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 performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub - consultants, including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub - contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and/or;
Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140 -088 EF Exhibit H
Revised 6/05
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, 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 for non - compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may 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 such litigation to
protect the interests of the United States.
Exhibit I
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140 -089 EF Exhibit I
Revised 6105
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Highways and Local Programs
Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or
Agency Engineer may appoint an agency staff person other than the project manager, who has not been
as directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 - Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and
descriptions of work; photographs, records of labor, materials and equipment.
Step 3 — Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub - consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 — Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case, then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this
is the case, then the Director of Public Works or Agency Engineer, or their
representatives, negotiate a settlement with the consultant. The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H&LP, through the Region
DOT Form 140 -089 EF Exhibit J
Revised 6/05
Mohl
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements. No
further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design errors) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 — Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded
through the Region Highways and Local Programs Engineer to H &LP for their review and
consultation with the FHWA. H &LP will meet with representatives of the agency and the
consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If
necessary, H &LP will request assistance from the Attorney General's Office for legal
interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement
by arbitration or by litigation.
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claims) are a total
Of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved, the Agency shall write
the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further action in needed
regarding the claim procedures.
DOT Forth 140 -089 EF Exhibit K
Revised 6105
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
Any correspondence that directed the consultant to perform the additional work;
Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
Step 5 — Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their
final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted
claim(s) and rationale utilized for the decision.
Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of
the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Exhibit M -1(a)
Certification Of Consultant
Project No. 09 -034
Local Agency
I hereby certify that I am
representative of the firm of
and duly authorized
GeoEngineers whose address is
firm I here represent has:
and that neither I nor the above
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
05 C� o�
P ate Signature
DOT Form 140 -088 EF Exhibit M -1(a)
Revised 8 /05
Exhibit M -1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Spokane Valley ,
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
/0 9
ate
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6/05
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded 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
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I)
(B). of this certification; and
D. Have not within a three (3) year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): GeoEngineers
D� d
(D e)
( ignature) President or Authorized Official of Consultant
DOT Form 140 -088 EF Exhibit M-2
Revised 6 /05
Exhibit M -3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm): GeoEngineers
O:5 1� /-C> (Dal
Of
zqn�� .
Sign lure) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -3
Revised 6/05
Exhibit M -4
Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4)
submitted, either actually or by specific identification in writing, to the contracting officer or to the
contracting officer's representative in support of
are accurate, complete, and current as of
* *. This certification includes
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
Firm GeoEngineers
Name
Title �tvy �� 7+ c 1
Date of Execution*** 0 16
* Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the appropriate identifying number (e.g., RFP No.).
* * Insert the day, month, and year when price negotiations were concluded and price agreement
was reached.
* * * Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
DOT Form 140 -089 EF Exhibit M-4
Revised 6/05
Supplemen Signature
Consultant/AddresslTelephone
GeoEngineers
Page for
523 E. Second Ave.
Standard Consultant
Spokane, WA 99202
Agreement
Agreement Number
Project Title And Work Description
09 -034
FWD testing, pavement coring and resilient
modulus value calculation per scope described
Federal Aid Number
in May 12, 2009 GeoEngineers Scope letter.
z � � �w � G G� 11,4-4 f����^
Local Agency
City of Spokane Valley
THIS AGREEMENT, made and entered into this day of , 2009 ,
between the Local Agency of City of Spokane Valley Washing0n, hereinafter called the
"AGENCY", and the above organization hereinafter called the "CONSULTANT ".
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first
above written.
CONSULTANT
By
Consultant c--
By
Consultant
LOCALAGE
B j
Agency Cit;
By
Agency
By
Agency
By
Agency
DOT Form 140 -089 EF Appendix 31.910
Revised 6105
GEOENGINEERS�
May 12, 2009
City of Spokane Valley
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
Attention: Craig Aldworth, PE
Senior Engineer/Project Manager
Subject: Scope of Services and Fee Estimate
Data Acquisition
Proposed Pavement Rehabilitation Projects
Spokane Valley, Washington
File No. 11264- 016 -00
U, III d:To I Let d_us] L'
We are pleased to present this Scope of Services and Fee Estimate for data acquisition services during
pavement rehabilitation design of streets within the City of Spokane Valley. We understand that you are
considering completing rehabilitation (overlays) of a number of city streets, totaling 11 projects, as listed
in Table 1 below.
Table 1. Project Information
Project Name
Start
End
No. Lanes
Approx. Length
(feet)
32" Ave
Dishman Mica Rd.
SR 27
3
6,000
Broadw
Par Rd.
le Ave
Bowdish Rd.
Sullivan Rd.
Sprague A ve.
Vista Rd.
4
2,500
Dishman Mica #1
Schafer /University
South City Limits
5
7,500
6,000
Dishman Mica #2
2
Euclid Ave.
Flora Rd.
5
8,000
Fancher Rd.
SR 290 (Trent Ave)
5
8,000
Indiana Ave.
Evergreen Rd.
Pines Rd (SR 27)
Fancher Rd.
Sullivan Rd.
5
6,500
Indiana Ave.
Evergreen Rd.
5
6,0 00
5,300
Sprague Ave.
Havana Rd.
5
Sullivan Rd.
Eucl Ave.
Wellesley Ave.
6
5,300
Sullivan Rd.
Indiana Ave
Euclid Ave.
5
5,400
We understand that in order for you to complete design of the overlays, you have requested GeoEngineers
complete non - destructive deflection testing (NDT) using falling- weight deflectometer (FWD) equipment,
and collect pavement cores at select locations. Data collected from FWD testing and pavement core
information will be used to estimate resilient modulus values for the existing pavement structure (asphalt
concrete surfacing , crushed rock base course), as well as the subgrade. These resilient modulus values,
City of Spokane Valley
May 12, 2009
Page 2
along with existing pavement thickness information can be used to design thicknesses of new hot -mix
asphalt (E[MA) overlays.
SCOPE OF SERVICES
The purpose of our services will be to provide you with information which you can use to design
pavement overlay thicknesses. Our specific scope of services will include:
1. Coring pavements in order to measure the thickness of existing asphalt concrete pavement and
underlying crushed rock base course. We will core pavements at an approximate 2,000 -foot
spacing within outer lanes, staggered, for an effective spacing of approximately 1,000 feet. Based
on project lengths, about 3 to 8 cores will be completed per project, for a total of about 67 cores.
Following coring and measurement of pavement thickness, cores will be backfilled with cold mix
asphalt patch.
2. Non - destructive deflection testing (NDT) along the project alignment using a falling weight
deflectometer (FWD) to develop modulus values for design of pavement overlays. FWD tests
will be completed at a spacing of 250 feet in outer (curb) lanes only. This element of our study
will be completed under an agreement between GeoEngineers and one of our subconsultants, who
specializes in NDT testing.
3. Traffic control will be provided by a subcontractor working for GeoEngineers, Inc. Traffic
control consisting of flaggers, signs, cones, and an arrow board will be provided during the coring
operation. An arrow board will be provided during the NDT operation for streets with multiple
lanes. Flaggers and signs will be employed during NDT operations within single -lane streets.
4. Presentation of data in a short letter report. We will provide pavement thickness measurements
and our subconsultant will reduce the data and present graphs of asphalt concrete, crushed rock
base course and subgrade resilient modulus values as a function of project stationing, for outer
lanes only.
The fee for our services will be determined on a time - and - expense basis using the rates contained in our
Schedule of Charges, which is attached. Based on our understanding of the project, we estimate that our
fee for the services described above will be approximately $35,000. The basis of our fee estimate is
included in the following table.
File No. 11264- 016 -00 GWENGINEER�
City of Spokane Valley
May 12, 2009
Page 3
Table 2. Estimate of Fees
Scope Item
Estimated
Time
Estimated Fee
1 Pave ment Coring
6 Days
$10,400
2 FWD testing
4 Days
$8,500
3 Traffic Control
3A Pavement Coring (67 cores)
6 days
$7,100
3B FWD testing (outer lanes only)
4 days
$2,500
4 Project Management, Data presentation
$6,500
Estimated Total Fee
$35,000
Please note that our services will be provided on a time - and - expense basis in accordance with
mutually- agreed upon terms and conditions, which you will initial. Consequently, you will only be
invoiced for the actual time and expenses accrued on this project. If it becomes apparent that the actual
time to complete our services varies from that on which our estimated fee was based, potentially
increasing costs, we will advise you and if necessary seek your additional budget authorization, or adjust
the scope, in consultation with you, to meet your budget constraints.
File No. 11264- 016 -00 GWENGINEER J
City of Spokane Valley
May 12, 2009
Page 4
We appreciate . the opportunity to submit this Scope of Services and Fee Estimate. If you have any
questions regarding 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.
DRL:JBH: tlm
Spok: PAI1\ 11264016 \00\Finals \1 1 2640 1 600p.doc
Attachments:
Schedule of Charges — 2009 Spokane
Disclaimer: 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 stored by GeoEngineers, Inc. and will serve as the official
document of record.
File No. 11264- 016-00 GWENGINEER'
EECBG Flashing Yellow Arrows - Cost Estimate
205
Number of FYA
Upgrades
Number of
Polos to be
Analyzed
Number of
4-Section
Signal Heads
Cabinet
Upgrade
Nooded
1-NO, 2-YES
Additional
Load
Switches
Needed
Intersoctlon
Controller
Upgraded
(NO, YES)
Intersection
Controller
Upgrade
Needed
1-NO, 2■YF -S)
Number of
Hours for
Installation
4th and Sullivan
2
0
4
1
2
YES
t
10
4th and University
4
4
8
2
4
YES
1
20
81h and Dlshman Mica
1
1
2
1
2
YES
1
5
8th and Sullivan
2
1
4
1
2
YES
t
10
16th and Dlalunan Mica
1
1
2
1
2
YES
1
5
16th and Sullivan
2
0
4
1
2
YES
1
10
24th and Sullivan
2
0
4
1
2
YES
1
10
32nd and University
2
2
4
1
2
YES
1
10
Broadway and Evergreen
2
0
4
1
0
YES
1
10
Broadway and Wal -Mart
1
0
2
1
1
YES
1
5
Euclid and Sullivan
2
2
4
2
4
YES
1
10
Kiernan and SuiNvan
2
0
4
1
2
YES
1
10
Marietta and Sullivan
2
2
4
$427.80
$613.18
$75.00
5876.40
10
Montgomery and Yokes
2
2
4
1
2
YES
1
10
Sprague and Corbin
2
0
4
1
2
YES
1
10
Spraguo and Costco
2
0
4
1
2
YES
1
10
Sprague and Evergreen
2
1 0
4
2
4
YES
1
10
Sprague and Fancher
4
4
8
2
4
YES
1
20
Sprague and Flora
2
1
4
1
2
YES
1
10
Sprague and Pines
2
2
4
2
4
YES
1
10
205
$16,500.00 $3,000.00 $2,005.20 $48,006.90 $8.769.90 S12,570.19 $1,537.50 $17,966.20 $110.355.89
Cost to Cost to Cost to
Cost of
Cost for
Cost for
Cost for
Cost for
Cost for
Cost for
Analyze Upgrade Upgrade
Load
4-Section
Mast Arm
Side Arm
Spokano
Spokane
Intersection
Poles Cabinet Controller
Switches
Signal Heads
Mounting
Mounting
County
County
isusa
Brackets
Brackets
Equipment
Installation
-
>I7wWOai pa+varama (63Mamad)
toad awaocnl
OuLuMead)
(MIA er. W)
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Itrsnmaai
It &UMOLzl
4th and Sullivan
50.00 $0.00
$89.12
$2,341.80
$427.80
$613.18
$75.00
$876.40
$4,423.30
4th and University
$3,000.00 $0.00
$178.24
$4,683.60
5855.60
$1,228.38
$150.00
$1,752.80
$11,848.60
81h and Dlshman Mica
$750.00 $0.00
$89.12
$1,170.90
$213.90
$308.59
$37.50
$438.20
$3,006.21
8th and Sullivan
$750.00 $0.00
$69.12
$2,341.80
$427.80
$513.18
$75.00
$876.40
$5,173.30
16th and Dishman Mica
$750.00 $0.00
$89.12
$1,170.90
$213.90
$306.59
$37.50
$438.20
$3,006.21
16th and Sullivan
$0.00 $0.00
$69.12
$2,341.80
$427.80
$613.18
$75.00
$876.40
$4,423.30
24th and Sullivan
$0.00 $0.00
$89.12
$2,341.80
$427.80
$613.18
$75.00
$878.40
$4.423.30
32nd and Unive
$1,500.W $0.00
$89.12
$2,341.80
$427.80
$613.18
$75.00
$876.40
$5.923.30
Broadway and Evergreen
50.00 $0.00
50.00
$2.341.80
$427.80
$613.18
$75.00
5876.40
$4.334.18
Broadway and Wal -Mart
$0.00 $0.00
$44.56
$1, 170.90
$213.90
$306.59
$37.50
$438.20
$2,211.65
Euclid and Sullivan
$1,500.00 $0.00
$178.24
$2,341.80
$427.80
$613.18
$75.00
$876.40
$6.012.42
Kiernan and Sullivan
SO.00 $0.00
$89.12
$2.341.80
$427.60
$813.18
$75.00
$876.40
$4,423.30
Marietta and Sullivan
$1,500.00 $3,000.00
$0.00
$2,341.60
$ 427.80
$813.18
$75.00
3876.40
$8,834.18
Montgomery and Yokes
$1,500.00 $0.00
$89.12
$2,341.80
$427.80
$813.18
$75.00
$876.40
$5.923.30
Sprague and Corbin
$0.00 $0.00
589.12
$2,341.80
$427.80
$613.18
$75.00
$876.40
$4
Sprague and Costco
50.00 $0.00
$89.12
$2.341.80
$427.80
5613.18
$75.00
5876.40
$4,423.30
Sprague and Eve men
$9.00 $0.00
$17824
$2,341.60
$427.80
$613.18
$75.00
$876.40
$4,51242
Sprague and Fancher
$3,000.00 $0.00
5178.24
$4,683.60
$855.60
51,226.36
$150.00
$1,75180
$11,846.60
Sprague and Flora
$750.00 $0.00
$89.12
$2,341.80
$427.80
561318
$75.00
$876.40
55,173.30
Sprague and Pines
$1,500.00 $0.00
$178.24
$2,341.80
$427.80
$613.18
$75.00
5878.40
$6.012.42
$16,500.00 $3,000.00 $2,005.20 $48,006.90 $8.769.90 S12,570.19 $1,537.50 $17,966.20 $110.355.89
Terra Insurance Company
(A Risk Retention Group)
Two Fifer Avenue, Suite 100
Corte Madera CA 94925
CERTIFICATE OF INSURANCE
DATE A P03A 49TEM110h SPOUP
05/12/09
NAME AND ADDRESS OF INSURED
GeoEngineers, Inc.
523 East 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 Professional Liability
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
209019 01/01/09 12/31/09
LIMITS OF LIABILITY $1,000,000 EACH CLAIM
$1,000,000 ANNUAL AGGREGATE
PROJECT DESCRIPTION
Data Acquisition - Proposed Pavement Rehabilitation Projects
Spokane Valley, Washington
File No.: 11264-016-00
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 -City Hall
Attn: Craig Aldworth, PE -Sr. Engr./Proj. Mgr.
11707 East Sprague Avenue, Suite 106 bzJa4-r
Spokane Valley, WA 99206
President
,4co TY INSURANCE 1 of 3 05 09
� CERTIFICATE OF LIABILI Pa / /
PRODUCER 877 -945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis of Seattle, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191
Nashville, TN 37230 -5191 INSURERS AFFORDING COVERAGE NAIC#
INSURED GecEngineers, Inc. INSURERA:Travelers Property Casualty Comp" Comp of Am 25674 -003
Debbie Williams INSURERB:Travelers Property Casualty Company of Am 25674 -002
523 East 2nd Avenue
Spokane, WA 99202 INSURER C:
INSURER D:
i INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I LTR NSR TYPE OF INSURANCE POLICY NUMBER pOLI E ro F C E POLICY (RATIO
LIMITS
A X GENERAL LIABILITY 660533D1564TIL08 3/31/2009 3/31/2010
MERCIAL GENERAL LIABILITY
D EA CHOCCU RREN C E
PREMISES Ea occ Erert
S 1
$ 10 0 000
CLAIMS MADE � OCCUR
tXWA
MED EXP (Anyone person)
S 51 000
Stop Gap
PERSONAL 8 ADV INJURY
$ 1
X Contractual Liabilit
GENERALAGGREGATE
S 2, 000,000
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP /OP AGG
$ 2, 000,000
X POLICYF JECT LOC
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
810533D1564TIL09
3/31/2009
3/31/2010
COMBINED SINGLE LIMIT
(Ea accident)
$ 1 1 000,000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Peraccident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS I UMBRELLA LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR FI CLAIMS MADE
$
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION
CC ggTT
S I ER
E.L. EACH ACCIDENT
$
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE YD
E.L. DISEASE - EA EMPLOYEE
$
?M ory E BER EXCLUDED?
Ifyee, describe under E IAL PROVISIONS belo
P
E.L. DISEASE - POLICY LIMIT
$
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Re: Scope of Services and Fee Estimate
Data Acquisition
Proposed Pavement Rehabilitation Projects
Spokane Valley, Washington
File No. 11264 - 016 -00
CERTIFICATE HOLDER UArvc:tLLAI IUN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4 5 DAYS WRITTEN
NOTICE yTOyTHHEyCEER EE
CERTIFICATE NM
NAAIEDD TTOyTHHEyLEFT, y I y� i y Ja � S � r y�
FAAi*OS�NB'E)9L�6#�41� N�6ftflfEBIL' fTl 'ftl'�FT�I(M9i}P�IN9lIfREftif
City of Spokane Valley ==Xy.
Attn: Craig Aldworth
11707 East Sprague Avenue, Suite 106 AUT SENTA
Spokane Valley, WA 99206
ACORD 25 (2009/01) Coll:2698187 Tpl:927885 Cert :12549661 v79se- 1UUVAGUKU .UKru mptIium. j6►nngnts rCSnrvau.
The ACORD name and logo are registered marks of ACORD
Willis
CERTIFICATE OF LIABILITY INSURANCE Pa 2 of 3
05/12 DATE
/2009
PRODUCER
877- 945 -7378
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willie of Seattle, Inc.
26 Century Blvd.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC#
P. O. Box 305191
Nashville, TN 37230 -5191
INSURED
aeoEngineers, Inc.
INSURERA:Travelers Property Caoualty'Company of Am
25674 -003
INSURERS: Travelers Property Casualty Company of Am
25674 -002
Debbie Williams
523 Bast 2nd Avenue
INSURER C:
Spokane, WA 99202
INSURER D:
INSURER E:
DESCRIPTION OF OPERATIONS /LOCATIONS/VEWICLESIEXCLUSIONS ADDED BY ENDORSEMENTlsPECIAL PROVItiIONS
It is agreed that City of Spokane Valley is included as an Additional Insured as respects to
General Liability.
Coll:2698187 Tp1:9Z7UUb cert:izzevbb1
Page 3 of 3
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
This Certificate of Insurance does not constitute a contract between 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 (2009101) Coll:2698187 Tpl:927885 Cert:12549661