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06-020.00 JUB Engineers: Dishman Mica RehabilitationLocal Agency Standard Consultant Agreement ® Architectural /Engineering Agreement ❑ Personal Services Agreement Agreement Number 05 -009 Federal Aid Number STPUL- 4041(011) Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ® Cost Plus Fixed Fee Overhead Progress Payment Rate CTE� Overhead Cost Method ❑ Actual Cost ❑ Actual Cost Not To Exceed % ® Fixed Rate REDACTED�io Fixed Fee $ REDACTED ❑ Specific Rates Of Pay ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Consultant/Address/Telephone J -U -B ENGINEERS, Inc. 422 W. Riverside Ave. Spokane, WA 99201 (509) 458 -3727 Project Title And Work Description Dishman -Mica Road Rehabilitation Project DBE Participation ❑ Yes ® No NSA % Federal ID Number or Social ecurrWCTED Do you require a 1099 for IRS? Completion Date ❑ Yes ® No June 30, 2006 Index of Exhibits Exhibit "A" - Scope of Work Exhibit `B" - DBE Participation Exhibit "C" - Electronic Exchange of Engineering and Other Data Exhibit "D" - Payment (by Agreement Type) Exhibit "E" - Consultant Fee Determination Exhibit "F" - Breakdown of Overhead Cost Exhibit "G" - Subcontract Work/Fee Determination Exhibit "H" — Title VI Assurances Exhibit "I" — Payment Upon Termination of Agreement Exhibit =;>" " "���a �' ^ ^ °aitaet�egig ror�reeed es Exhibit "K'— Consultant Claim Procedures ({ " •li�i •VNJV Exhibit ' ' — Certification Documents Total Amount Authorized $ 36,063.50 Management Reserve Fund $ Maximum Amount Payable $ 36,063.50 THIS AGREEMENT, made and entered into this .23 between the Local Agency of City of Spokane Valley and the above organization hereinafter called the "CONSULTANT ". This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. day of ` 7 ,tj:7A Ct,_ , 2006 , , Washington, hereinafter called the "AGENCY", DOT Form 140 -089 EF Page 1 of 8 Revised 6/05 C06 -20 WI'l'N SSETH 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 WI- CEREAS, 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 THEREFOR E, 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 far 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 SUBCOINISULTANT, shall carryout applicable requirements of 49 CFR Part 26 in the award and administration ofUSDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a he breach of this AGREEIN NT that may result in the termination of this AGREEMENT, Participation for Disadvantaged Business Enterprises (Dk3E), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (NN'BE), shall be shorn on the heading of this AGREEMENT. TfD /M /WBE 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 mast 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 elomonic 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 tune 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 AGENICY, 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 rite request of the AGENCY'S PRO]ECT Manager. VI Sub- Contracting The AGENICY 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 tion- 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 AGREEN ENT. 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 AGREEi\IENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub - contractor, any contract or an}, other relationship. A DBE certified sub - consultant is required to perform a minimum amount oftheir sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CO, iSULTANI T 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, conunission, 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 CONSULTANN'T under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and airy 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 B i� - - third party as a consequence of any act or omission on the part of the CONSUL'lAN17S 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. -4 The CONSULTANT shall not engage, on a full- or part -time basis, or other basis, during the period ofthe 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 Daring 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 V1 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 1957 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR fart 21 23 CFR Part 200 _ RCW 49.60.180 In relation to Title V1 of the Civil Rights Act of 1964, the CONS'U'LTANT is.bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEw1L'NT, and shall include the attached Exhibit" I' 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 wTitten notice to the CO'' SULTA'7T. 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 '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 sliall immediately reimburse the AGENCY for any excess paid. If die 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 1,ork originally required r 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 deterntuied 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 CONSUIXAN'T, or for failure of the CONSULTANT to perform wort: 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 CONSUL'T'ANT 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 AGENTCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section X.1V. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGRENMENT between'the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public \Nrorks, 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 cha_ lleneine the Director of Public Works or AGENCY Enl6ineer'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 ". X11 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 ar 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 mid 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 wide 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 tie 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 CONS U LTANIT'S negligence or breach of any of its obligations under this AGREEMEN'T; 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 indenulity 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. 'fine 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, soley' for the purpose of this indemnification and defense, the CONSULXANT 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 die PROTECT, Subject to the processing of new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Ca11 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 wort: 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 Tide 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 (52,000,000) for bodily injury, including death and property damage. The per occurrence. amount shall not exceed one million dollars (51,000,000). C. Vehicle liability insurance for any automobile used in an amount not less dean 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, tie AGENCY will be named on al] policies as an additional insured. The CONSUL TANTT shall furnish the AGENCY with verification of insurance and endorsements required by the AGR.EEIMENT. 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) dais of the execution of this AGREEIvfENT 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 AGREEi�flENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "12'. In no case shall the CON'SULTANT'S professional liability to third parties be limited in anyway. 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 AGREFAIENT 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 tinder this AGREEMENT, whether or not changed by the order, or otherwise affects any outer terms and conditions of the AGREEMENTT, 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 "CLATINV, wider 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 COINISULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding.the terms and conditions of paragraphs (A) and (3) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this A GREEi\RE'NT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished bvthem. 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 "1\4-2" Certification Regarding Debarment, Suspension and Other Responsibility Ivlatters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "1.44" Certificate of Current Cost or Pricing Data. Exhibit "iVl -3" is required only in AGREEMENTS over $ 1100,000 and L"xhibit "M-4" is required onh, in AGREEIv1E \'TS over $00,000. 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 pariy has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not sex forth herein. No changes, amendments, or modifications of the terms hereofshall 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 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 � t s- Consuftent David J. KlieArer Agency _ DOT Form 140 -089 EF . Revised 6105 Page 8 of 8 City of Spokane Valley Dishman -Mica Road Rehabilitation Project Scope of Work for Contract Management Local Agency Guidelines Approach prepared by J -U -B ENGINEERS, Inc. for the City of Spokane Valley February 6, 2006 F;PROJECTWO -06,00USPOKANE VALLEY CONST MGMT SERVICES CITY OF SPOKANE VALLEY DISHMAN -MICA ROAD REHABILITATION PROJECT OBJECTIVES The City's objective in this- Agreement is to obtain consulting engineering services for the construction contract management services for Dishman -Mica Road Rehabilitation Project from approximately 1st Avenue to Sprague Avenue. The Consultant shall provide the professional services required to support the City of Spokane Valley in the construction contract management of the. The Consultant shall coordinate, as required, with: other regulatory agencies, the City of Spokane Valley and the lowest responsible contractor that is awarded the contract. All work & documents provided by the consultant shall be in compliance with the Local Agency Guidelines manual & WSDOT requirements. PROJECT DESCRIPTION This project will provide for the reconstruction of the Dishman -Mica Road from 1" Avenue to Sprague Avenue in the City of Spokane Valley. CONSTRUCTION PHASE SERVICES 2.1 Preconstruction meeting — Consultant shall coordinate a time and location for the pre - construction meeting. Agencies and utilities will be invited to attend. 2.2 Contractor. pay request Consultant shall review quantity and quality of work performed by contractor over the course of the project.'Consultant shall review pay request submittals on behalf of the Owner and make recommendations to Owner regarding validity of pay request amounts. 2.3 Construction Observation Technician The Construction Observation Technician shall provide the construction observation for the duration of construction on the project. His duties shall include the daily observation of the Contractors construction activities, documentation of the Contractors equipment and personnel working or immobile on site, collection of materials load tickets, calculation of yield, field measurements of pay items and checking the contractors traffic safety layout for traffic control devices and flaggers. The Construction Observation Technician shall provide daily inspection reports to the Project Engineer for review of daily contractor activities, individuals on site and document any activities occurring on the project site. r:PROJECTSUO- 06- 006/SPOKANE VALLEY CONST MGPAT SERVICES CITY OF SPOKANE VALLEY DISHMAN -MICA ROAD REHABILITATION PROJECT 2.4 Project Engineer The project engineer shall facilitate the safe and efficient progress of field construction activities assuring compliance with the project plans and specifications. The project engineer shall work as an extension of the staff for the City of Spokane Valley and report directly to the Capital Projects Engineer. The project engineer shall oversee the activities of the construction observation technician(s), materials testing personnel and other individuals involved with the project. The project engineer shall attend all meetings with the contractor, review all request for approval of materials sources, certified payrolls, inspectors daily reports, materials sampling data, request to sublet work and coordinate negotiations with the contractor on change orders. The project engineer will be responsible for certifying materials used for this project. The project engineer will be responsible for final project close out items such as compiling a punch list of items, verifying the work completed, reviewing affidavits of wages paid, project closure advertisement and recommendation for release of retainage. The project engineer will be involved with the project from preparation of the bid documents to the final project closure documentation. 2.5 Materials testing - Consultant shall provide a subconsultant to perform . quality acceptance testing such as subgrade compaction, concrete slump, air entrainment and compressive cylinder testing. 2.6 Project closeout — Consultant shall develop a punch list with the Owner prior to completion of the project. Consultant shall make recommendation to the Owner as to project completion. Consultant shall assemble information and assist Owner in preparing project closeout documents such as final pay estimate. Consultant will coordinate with the Contractor to develop record drawings. F:PROJECTSM- 05- UO&SPOKANE VALLEY CONST MGMT SERVICES DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Engineering Services Fee Estimate" 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. 7 �► G ;advantaged Business Washington State Department of Transportation Enterprise Utilization Certification To be eligible for award of this contract the bidder must fill out and submit, as part of its bid proposal, the following Disadvantaged Business Enterprise Utilization Certification relating to Disadvantaged Business Enterprise (DBE) requirements. The Contracting Agency shall consider as non - responsive and shall reject any bid proposal that does not contain a DBE Certification which property demonstrates that the bidder will meet the DBE participation requirements in one of the manners provided for in the proposed contract. The successful bidder's DBE Certification shall be deemed a part of the resulting contract. Information on certified firms is available from OMWBE, telephone 360- 753 -9693. NT/A certifies that the Disadvantaged Business Name of Bidder Enterprise (DBE) Firms listed below have been contacted regarding participation on this project. If this bidder is successful on this project and is awarded the contract, it shall assure that subcontracts or supply agreements are executed with those firms where an "Amount to be Applied Towards Goal" is listed. (If necessary, use additional sheet.) f z , - r Name Of DBEA -' 1 R Certiflcate:Numlier 4ts -., "' + Protect Role (Prime Joint Venture, S ubcontraciflr Man ufacture'r; Dealer, Service Provider} r� T * -� s �- �n� �"i Descrt tionrof,Workrz p "o nt to -- be Applied Toward's.Goal' t '; 1. N/A 2, 3. 4. 5. 6. 7. 9. 10. Disadvantaged Business Enterprise Subcontracting Goal: N/A DBE Total $ * Regular Dealer status must be approved by the Office of Equal Opportunity, Wash. State Dept. of Transportat€on, on each contract. " See the section "Counthig DBE Participation Toward Meeting the Goar in the Contract Document. The Contracting Agency will utilize this amount to determine whether or not the bidder has met the goal or the average goal attainment of all bidders. In the event of an arithmetic difference between this total and the sum of the individual amounts listed above, then the sum of the amounts 6s €ed shall prevail and the total wiri be revised accordingly. DOT Form 140,359 EF E)Nbit $-1 (DOT Form 272 -058 EF Re-dsed 5105 Revised 612094) Exhibit C Electronic Exchange of Engineering and Other Data hi this Exhibit the agency, as applicable, is to provide'a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: 1. Surveying; Roadway Design R Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant. E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided 11. Any Other Electronic Files to Be Provided 'M. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format DOT Form 140.089 EF Exhibit C Revised 6105 Exhibit D -2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGE31,1CY 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 wort: specified in Section H, "Scope of Work." The CONSUU1 7ANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost; overhead, direct non - salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, Professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENICY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the booksof the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rateshown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total. overhead paymeantshall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: if this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse. the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENIT. b. Actual Cost: if this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated Nvith all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in :Exhibit "E" attached hereto and by this reference made part of this AGREEMENT'. When an Actual Cost method is used, the CONSULTANT (prime and all sub - consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of, adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140 -039 EF Exhibit 0.2 Re%ised 6105 Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall cause the AGENICY to withhold payment of the billed overhead cysts until such time as the required information is received and an overhead rate for bi,!ing purposes is approved. The AGENCY, STATE anti /or the Federal Government may perform an audit of the CONSULTANT'S books andrecords at any time during regular business hours to determine the actual overhead rate, if they so desire. Direct Non - Salary Costs: Direct Non -Sate 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 fees of sub - consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AG INICY. The CONiSULTANT 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 Code of Federal Regulations (CFR) Part 31..205 -46 "Travel Costs." The billing for Direct Non- Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. 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. All above charges must be necessary for the services provided under this AGREEMENT. Fixed Fee: The Fixed Fee, which represents the CON'SULTANT'S profit, is shown in the heading of this AGREEMENT [order Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the .Management Reserve Fund. This fee is based on the Scope of Work defined in this AGI and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENIT for additional work, the supplemental AGREEUENrT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage• of work completed by the CONSULTANT and reported in the lYfonthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section TX entitled "Termination of Agreement." 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 AGREEtiIE -NT. 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 XJV, "Extra Work." - t 6. 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 YlV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non - Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews tray 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. C. Final Payment: Final Payment of any balance due the CONSUTTAN7. 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 PSRE, 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 %vriting 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 CONSUL TANTT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of th'e 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 A LJ0 f to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANTr 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 E -1 / Direct Salary 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 / Fee Schedule" 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 F / Breakdown of 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. j, Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the wort: of this AGREEMENT: Sub radc_soils_compactio-LLtesting,_ proctors,_ concrete_ c. ompr essioiLC_} tinders,_sl.ump_and.air_testing to. -- , provide_quality_ assurance_ to _the_C-i.ty_ofS.pokane_V_alley-. DoT Form 140 -088 EF Exhlbdt G Revised 6165 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Exhibit G -1 / Subconsultant Fee Determination — Summary Sheet" contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Statement of Direct Labor, Fringe Benefits, and General Overhead" 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 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. 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 CONS- ULTANT 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 CONSULTANIT of the CO \rSULTANT'S obligations under this AGREEMENT and the REGULATION'S relative to non- discrimination on the grounds of race, color, sex, or national origin. 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 AGENTCY, STATE or the Federal Highway Administration (FffWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. %litere 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. 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 S "T'ATE or the FH.WA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGRE IKENFT" until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DoT Forth 140 -082 EF Exhibit H Reused 6105 b. 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 FMVA 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 br 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 CONSUUI'ANT 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 AGR,EEKENT. 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 14"M EF Exhibit Revised W05 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 claim(s) 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 Agcncv'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 Ness 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 — Reviev. 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 `Forks or Agency Engineer to determine if the Agency agrees with the claim. if the FHhhA 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 Form 144.059 EF Exttlbit K Re-Ased MS 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 follo«vng: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firni that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's suinmary 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"t.he 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 F'HWA 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 addit. J Exhibit M -1(a) Certification Of Consultant I hereby certify that I am David J. Kliewer representative of the Finn of J -U -B ENGINEERS, Inc. 422 W. Riverside Ave. Suite 722 firm 1 here represent has: Project 'No. Local Agency and duly authorized whose address is and that neither T nor the above (a) -Employed or retained for a commission, percentage, brokerage; contingent fee, or other consideration, any finn 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 comiection 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 ofany kind for, or in connection with, procuring or carrying out this AGREENTENIT; 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 AGREENMEN7 involving participation of Federal -aid highway ftmds, and is subject to applicable State and Federal laws, both criminal and civil. IOLO& D to DOT Form 140 -088 EF ExVibit M•1(a) Reused 6105 5igna ure f 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): 1 acknowledge that this czrtificate 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 AGREEMENIT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date gnature DOT I'mm 140.089 EF Exhibit h4 -1(b) Redsed 6105 • Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 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 (1)(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. H. 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): J -U -B aTGfNTEERS, Tnc. zi3v (Date) DOT Form 540 -089 EF E)Nbit M-2 Re-6sed 6105 (Si nature sident �or Authorized Official of Consutant r - 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 aNvarding 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 Nvith this Federal contract, grant, loan, or cooperative agreement, the undersigned shau 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 S 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 $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (firm): J -U -f3 ENGINEERS., Inc. 2�13�OLo DOT Form 140 -089 EF Exhibit M -3 Reh ,ed 6105 r, Rd, ( ignat r President oP Authorized official of Consuftan! Exhibit M -4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of Dishrnan -Mica Road Rehab. Project are accurate, complete; and current as of February 6, 2006 * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm J -U -B ENGIIM -MRS, Inc. Name David J. KlieNver Title Area Manager Date of Execution * * *y3 /(�� * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., R.FP No.). *$ 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 t40 -089 EF Fxhlbithl -4 ReQsed 5105 S polkane ,;O*Va1[1ey 11707 E Sprague Ave Suite 106 ♦Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallespokanevalley.org Memorandum To: Nina Regor, Deputy City Manager From: Louis Graf, Engineer (CIP) Thru: Neil Kersten, Public Works Director Steve Worley, Senior Engineer (CIP Ken Thompson, Finance Director Date: March 23, 2006 Re: Dishman -Mica Road Rehabilitation Project — J -U -B ENGINEERS Contract Please find attached 3 copies of a consultant contract with J -U -B ENGINEERS, Inc. for Construction Management and Inspection Services for the Dishman -Mica Road Reconstruction Project. The consultant contract amount is $36;063.50. As you may recall, Council approved on July 26, 2005 a general consultant contract with J -U -13 Engineers (along with CH2M H1I.:1., and Century West) for construction inspection and contract management related to city projects. The attached consultant contract is in conformance with this general agreement. The attached consultant contract format is consistent with the Local Agency Guidelines (LAG) Manual and has been reviewed and approved by Cary. The construction contract with Cameron Contracting for this project was approved at the February 14 Council meeting. A pre - construction meeting was held with the contractor on March 1. Notice to proceed was given on March 9. The Dishman -Mica Road Rehabilitation Project is funded by Spokane Transit Authority (STA) Funds, Federal Funds and City funds. The Preliminary Engineering (PI) phase is complete. The construction phase (CN) started on March 9. See below a budget and expenditure summary for the project. Phase Budget PF Phase $5900.00 R/W phase $0.00 CN phase $228,716.00 Total $234.616 Est. Expenditures last. Overrun S 11,250.32 $5,350.32 $0.00 $0.00 $247,162.20 $18,446.20 $258,412.52 $23,796.52 The overrun in the PE phase is due to the increased design effort for upgrading the pavement to 3 concrete lanes. This upgrade was possible due to STA's funding of S 138,300. 1 of 2 Construction phase estimated expenditure summary: Cameron Contracting J -U -13 ENGINEERS City Staff Time State Staff Time Contingency (5 %) Total $195,332.10 $ 36,036.50 $ 4,000.00 $ 2,000.00 $ 9.766.60 $247,162.20 The construction budget shortfall will likely be less than the projected $18,446.20 due to the short duration of the project and the diminished need for construction inspection during the concrete curing time. A contingency of 5% of the construction contract has been included in the overrun costs to cover potential change orders and quantity overruns. The construction phase (CN) revenues are from STA $138;300, City $46,416, Fed $44,000. 1 er Ken Thompson, there are adequate appropriations in the 2006 budget to cover these projected overruns. Delayed Execution of the Contract J -U -13 submitted a contract for review and approval on February 13, 2006 (prior to the start of work). This submittal did not meet the maximum fixed fee guidelines or include adequate documentation for the subconsultants. WSDOT Highways and Local Programs (H &LP), the certifying authority for this Federal Aid project, and the City rejected this first submittal and worked with the consultant to develop an acceptable contract per the LAG manual. The attached contract was finally approved by H &LP on March 15. Unfortunately, construction requiring inspection services started prior to execution of the contract and the construction work is nearly complete. J -U -13 continues to furnish excellent construction management and inspection services on this project. I recommend this contract be approved and signed by Dave. Let me know if you need any additional information. 2 oft