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06-067.00 Century West Engineering: Argonne Overlay Project Mgmt & InspectionIndex of Exhibits Exhibit "A" - Scope of Work Exhibit "D" Consultant/Address/Telephone Local Agency Century West Engineering Corporation . Standard Consultant 1825 N. Hutchinson Road Agreement g Second Floor Wa 99212 Exhibit "H" SpokaneValley, ® Architectural /Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description 06 -016 Argonne Road Overlay Project Construction Management and Inspection Federal Aid Number STPUL- 4041(012) Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ DBE Participation ® Cost Plus Fixed Fee Overhead Progress Payment Rate % ❑ Yes ® No % Federal ID Number or Social Security Number Overhead Cost Method ❑ Actual Cost REDACTED Do you require a 1099 for IRS? Completion Date ❑ Actual Cost Not To Exceed % ❑ Yes ® No December 31, 2006 ® Fixed Rate REDACTED Fixed Fee $ .REDACTED Total Amount Authorized $ 42,974.23 ❑ Specific Rates Of Pay ❑ Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisional Hourly Rate Maximum Amount Payable $ 42,974.23 ❑ Cost Per Unit of Work Index of Exhibits Exhibit "A" - Scope of Work 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 "K" – Consultant Claim Procedures Exhibit "M" – Certification Documents 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. THIS AGREEMENT, made and entered into this 3 day of J J,w between the Local Agency of City of Spokane Valley , Washingtdfi, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Page 1 of 8 Revised 6/05 C06 -67 � ( — -A b Mi— ESSETH THAT: WiiEREAS, the AGENCY desires to accomplish the above referenced project, and WHE.RtAS, the AGENCY dues 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 WHL+'REAS, the CONSULTANT represents that helshe 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 follo\vs: I General Description of Work The work under this AGf EFAMl:ENIT 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 pro.iwed 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 hcuirs or clays 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 CONSTA..TANT, and each SURCONSUi„ TANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSUL TA.NT, shall carry out applicable requirements of 49 CrR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSUETAN`t° to carry out these requirements is a material breach of this AGREEIvtENT that may result in die termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CI-R 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/iv1/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 trust comply with the Commercial Useful Function (CUE) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGRE- a-tENT 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 CONSUI,.TANT by the AGENCY shall be returned. All electronic files, prepared by the CONSUL'T'ANT. must meet the requirements as outlined in Exhibi( "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 AGREE \4.ENT 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 -n he for Beginning and C(, letion The CONSC] -TANT shall n4L begirt pry -work under the ic:.rms of this AORUEMENIT unit authorized in writing by the AGENCY. All work ti lder this AG REEPFUNT shall be completed by the date shown ii] the lieading of this AG RET' WI\rT under c: mpletion date - The established completion time shall nt)L be extended becaLlse of any delays attributable to the CONSULTANT, but may hu extended by the AUL1N°CY iii die event of a de].'ry aitributabla to the ACTFNICY, or buuause or unavoidable delays caused by an act of GOD or governmental uctiorts or 00ker conditions beyond Life control of the CONSULTANT. A prior supplemental -i greemeni iSSuf.A by Lhc AGENCY is required to extend the esLablished completion Lime. V Payment Provisions T he CON5ULTAi]T wha11 be paid by the AGENCY for coinpleted }'pork and services rendered undur this AGME 1:EfT as provided in F_xhibii :`D:' attached liereta, and by reference made part of this A(aTtT'EMENT. S1Lch payment sha]] lac falI compensation for work per formud or SCrviceS rendered .and lbi- all labor_ rrratcrials, suppI ies. equipment, and incidentals necessary In c4) mp le-te the. work. The CONTSULTANT shat l conform to ail {rpplicabde porLions a 48 UFR fart 31. A past audit may be performed on this AGR1:1=.rMJLM. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and /or ai. the request car the AGFNCY:5 PR01F T Managa. VI Sub - Contracting The AGENCY permits strb- cvrrtr4rrs fbr tho&e iLcnks of work as shown in Exhibit "G:` attached hereto and by this rere.rence made part 0 I this AC I LEMENT. Coippeusat.ion for this sub- comul(MI work slialI be based on the cast factors shovoi an Exhibit „0 " The work. of the S1lb- 00 nsultant shat I not exceed its maxirnkini amokrLic payable unless a prior 'lWitten approval h rs been issued by the AG&NICY. A11 reimbursable direct. labor, uve.rhead: direct non - salary costs and fixed fee costs for the sub- consultarn. shaII he subs Lintiated in the same manner as outlined in - cc Lion V. A] I sub =contracts shall con Lain all appiicable provisions of this AGREEMENT- With respect to sub - consuls ant payment.: the CONSULTANT shad comply with a] I app IicabJe sections of the Prompt Payment laws as set forth in RCW 39.04.250 'Lnd RCW 39.76.011 1- - Tht; COINSULTANT shall not sub - contract for the performance of any "rork under this AGRZENTENT withou( prior written permission of tht; AGENCY. No perniission for sub - contracting slial I create, between dw AOUNCY and sub - contractor, any ooritmci. Ur any uLher relaLionship- A DBE certified Sub -ca n3 LiItant is required to perform a rninirnurn arnowit of Lheir sub -cone -acted agreement thai. is e6wbli5hed by the - SDOT Higlh" -Mys ;end UoaI Pro6rams Projccil M? vclopmt±nt Engineer iii cil ns ultation with the AGENCY. VII Employment Thu CONSULTANT warranL.� that they litrve not enoployed or retained any company or person, other than a bona fide employee working solely for the COh1SL9.TANT, to solicit or s1 cure. this contract, and that it has not paid or agreed to pay any company or persoii, ocher than a bona fide cmploycc %yorking solely for the CONSULTANT. any Cee, corrunission, percentage, brokerage fee, gift, or any cLher cc) nsideratiOn, uantin -= upon or resulting from the avi u'd 01' making of this comract. For breach or violation of this warrant, Lhc AGENCY shall have Lhc right to annkrl Lhis AGREEMENT witliouc liability or, in its discrei.iOn, Lt] deduct rroTn the ACTRUEMENT nrkce or consideratiao or otherwise recover the full IrnounL of such fee: conimIssion. percentage, brokerage fee, gift. or contingent tee. Any and all employees of the CONSUJANT nr other persolys }while engaged in the performance of any work or services required of LtLc CONSULTANT under this AC'TRiyEMT -ANT: shall be comidered employvu� O' Lhc CONSULTANT only and not of the AGENCY: and any and ail claiuns that may arise. under any Workincn's Compensation Act on behaI f of said employes or other persons while so engaged, and any and all clainis made by a Pas a 3 of 8 third.,prarty as a consequence of any w- --%emission on the part of the CONS ULTANT "a" - �)loyees or other persons while so engaged on any of the work r:, ` ;vices provided to be rendered herein, shall t'.__ : 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 20004 -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 (T'tublic Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12 101 et. seq.) 49 CFR fart 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 "11" in every sub - contract, including procurement of materials and leases or 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 AGREatEN, at any time upon ten (10) days written notice to the CONSULTANT. In die 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. i.f 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 su:It an event, the amount to be pair - ":.II be determined by the AGENCY with cons ' .,lion given to the actual costs incurred by the CONSULTAN'I�._.- `_ >rforming the work to the date of termination ?. ..d amount of work originally required which ti-as 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 die AGENCY ofemploying 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 rordi above. if it. is determined fir any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without die 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 die work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subscc:tion shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGE\iCY, 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 fordi 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 CONSUI..`I'ANT to perform work required of it by the AGENCY. Forbearanceof any rights under the AGRLI�MENT 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 AGREEivfENT 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 t*f 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 r`agal Relations The CONSULTANT shall comply wit'i- a i Federal, State, and local laws and ordinance- t, plicible to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with die 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 CONSULTANT1'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 SI'A`rL against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or die 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, anti (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) [lie costs to the AGENCY or the STATE of defending such claims and suiLS shall be vatic( and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSUL'TANT'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 CONSUL'1'ANI 1S 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. Lay providing such assistance, the CONSUL TAN'I' shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance widi the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMT-.NT, or as otherwise required, the following insurance with companies or through sources approved by die State Insurance Commissioner pursuant to Title 43 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. 13. 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 CONSUI. TANT, 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 CONSULTANTr 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 die. amount payable under this AGREEMENTr or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S processional liability 1.0 third parties be limited in anyway. Page 6 of 8 d The ACIENCY will pay no progress pr' ` nts under Section V until the CONSULTANT' fully complied with this section. This remedy is not exclusive; L _!,3hc AGENCY and the STATE may take such`.... -r 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 AGREEME -N7 in the services to be perfornied. P. 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 die AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under this clause within thirty (30) clays 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 CLA11\1 submitted before final payment of the AGREEME'N'T. 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 tf applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by there. XVI Federal and State Review The Federal Highway Administration and the Washington State Deparunent 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 - t(a and b)" are the Certifications of the CONSULTAN 7 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 ol'Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEIMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVlll 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 AGRhhN1ENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, cacti 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 CONSiji -TANT, 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 hers "•.;have executed this AGREEMENT as of , -'ay and year shown in the "Execution Date" box on page onc' -,; of this AGREEMENT. By By rz- j�. Consultant Century Nest Engineering Corporation Agency City of Spokane Valley DOT Form 140 -089 EF Rovisod 6)05 Page 8 of 8 Exhibit D -2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be frill compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT 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 CONS ULTANrI"S actual cost. plus a fixed fee. The victual cost shall include direct salary cost, overhead, direct non- salary costs, and fixed fee. . 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 AGENCY. 2. Overhead Costa: 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 paymentshall 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 AGREEMENT. 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 with 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 cate gory, 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 140-089 EF Exh%it 0-2 RovtDod US Failure to si :., ,'! this information by either the prime C4 'JLTANT or any of their sub- consultaf Ls shall cause the AGENCY to withhold payrnGnt of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and /or the Federal Government may perform an audit of the CONSULTAOT'S books andrecords at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. 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 fees of sub - consultants. 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 (exclu(ling air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. i•lowever, air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205 -4E "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 he supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under 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 AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT 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 Monthly 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 UX entitled "Termination of Agreement," Management Reserve Fund: The AGENCY may do tiirr to establish a ivianage.ment 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." 6. Maximum ' {'` -I Amount Payable: 'rile Maximum Total ti`' —unt Payable by the AGENCY t ?e CONSULTANT under this AGREEMN.___- 'shall not exceed the amount shown in the heading of this AGREI ;WENT. 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 ntittimum 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 it 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 t}tc billed salary costs for CONSULTANT 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 workk on the PROJECT at the time of the interview. C. 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 1'S&C, 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 shill constitute a release of all claims for payment, which the CONSUL'T'ANT 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 riot, 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 POS`r AUDIT to begin the appeal process to the AGENCY for audit findings. D. 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 E -1 / 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. CENTURY WEST ENGINE+'ERING CITY OF SPOKANE VALLEY — ARGONNE ROAD RECONSTRUCTION Agreement. No. 06 -016 Itemized Reimbursables for Expenses Mileage: Reproduction: Computer Time: Cell Phone and tax: Testing Materials: Nuclear Gauge: 200 Miles @ $0.485/Mile: $ 97.00 $ 50.00 $20/Hour @ 25 Hours: $ 500.00 $' 200.00 $ 200.00 $30/nay @ 5 Days: $ 150.00 $1,17.00 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE titled "Exhibit F / Calculation of Overhead Rates" contains confidential cost and rate Nithheld from public disclosure pursuant to 23 USC 112(2)(F). , ,,.,,otification; 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. r,. Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: �4.aI:ecialS- laStiuh, whi(J» ilLi. n ._clude,_in_pait,6lab,oratoc)L tes.ting-QLsubgEade male ial,;Yctughecl s.u�:f:aci.rrg,oasphal taand�canc�cte:_ DOT Form 140 -089 EF EAMI Q Revised 6M DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Exhibit G -1 / Fee Schedule for Construction Materials Testing" 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 G -2 / 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. Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 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, Fart 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 pail of this AGREEMENT. 2. Non - discrimination: The CONSULTANIT, 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 REGUI ATIONS. Solicitations for Sub - consultants, Including Procurement of vlaterials 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 t.hc 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, STA'I'N or the Federal Highway Administration (FI4WA) 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 ,mother who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FFiWA as appropriate, and shall set forth what efforts it has made to obuiin the information. Sanctions for Non - compliance: In the event of the CONSUL`i"ANT'S non - compliance with the non - discrimination provisions of this AGREEMENTr, 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 CONSUL "CANT under the AGREEMENT until the CONSULTANT complies, and /or: Cancellation, termination, or suspension of the AGREEMENT. in whole or in part DOT Form 540-089 EF Ex►IEN H Rovised 6105 6t '•Incorporation of Provisions:; ,CONSULTANT shall include the provh' ,,of paragraphs (I) tlirough (5) in every sub - contract, includ lrg procurement of materials and leases of equipiiient, 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 CONSULTAI\7 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 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 tennination 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 math; 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 5M Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claims) 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 claims) 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 (lie 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 hHWA 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 FHVVA (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 140 -089 EF Exhibit K Revised 8405 I , r If the Agency does ncs ee with the consultant's claim, proceed u -1p 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claims) ) 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 instituwd to preclude fUluie consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency I ngincer 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 Fi -WA 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. I hereby certify that I am representative of the firm of I , Exhibit M -1(a) Certification Of Consultant Dennis D. Fuller Century West Engineering Corporation Project No. 06 -016 Local Agency Spokane Valley and duty authorized whose address is 1825 N. Hutchinson Rd., Second Floor, Spokane Valley, WA 99212 and that neither I nor the above firm I here represent. has: (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); 1 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. 44.�,23t- Date Signature DOT Form 140.089 FF F -01tit M-11 (,q) Revised 610.5 i Exhibit M -1(b) Certification Of Agency Official I hereby certify that l 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 Finn 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 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 AGREEN4ENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Lb Date DOT Form 140-089 EF Exhibit AA -1(b) Revised 6106 !41 C nature , 1 . 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; 13. Wave 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 it public transaction; violation of federal or state antitaust 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)(8). of this certification; and 1). 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. 11. Where the prospective primary participant is unable to certify to any of the SWICI nts in this certification, such prospective participant shall attach an explanation to this proposal_. Consultant (Firm): Century West Engineering Corporation —4Ks 23 0 (Dale) DOT Form 140 -089 EF Extubit M-2 Revised 8105 4cjjnalure) Presid or Authorized Official of Consultant . IN S CITY Man Valley 11707 a Sprague Ave suite 106 • Spokane Valley WA 99206 509.921,1000 • Fax: 509.921.1COB # dtyhallospokanevalley,org To: Dave Mercier, City Manager From: Louis Graf, Engineer - Capital Projects Thru: Neil Ke rsten, Public Works Director Steve Worley, Senior Capital Project Engine Date: August 22, 006 Re: Argonne Road Overlay Project— Century West Engineering Contract Please find attached ? copies o F a contract with Cc ntury West Engineering For providing constructions inspection and contract management scnices for the A3-gon.ne Road O erlay Project. Contract amount is $42,974.23 and is designated Task Number 1 of Century Wes L's $400,000 on -call contract. This contract fbmiat is consistent Mth the Local Agency Guidelines (LAG) Manual. Council approved the on -call contract for construction management and inspection services on July 26; 2005, As presenLed in the RCA to council for construction services; $50;000 wLs budgeted for construc[ ion inspection and construction management services_ This leaves a reserve of approximawdy $7,025.77_ The Argonne Road Overl€ y Project is a Federally F unded pro-] cct with adequate budget to cover this work. Please sign paid return the executed conuracts. Thank you. Let ire know if you need any additional information. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 25, 2006 City Manager Sign -Dff' Item: Check all that apply: ® consent [3 old business ❑ new business ❑ public hearing ❑ information ❑ admin, report pending legislation AG EN DA ITEM TITLE: Argonne Road Overlay Project Construction Gontract Aovard GOVERNING LEGISLATION: NIA PREVIOUS COUNCIL ACTION TAKEN: 1) Approval of Six Year Transportation Improvement Plan, which includes the Argonne Road Overlay Project, 2) approval of application for federal grant funding for the Argonne Road Overlay Project, 3) approval of Local Agency Agreement and Federal Aid Project Prospectus with WSDOT BACKGROUND: In accordance with the Council- approved 2006 TIP, staff has been working toward construction of the Argonne Road Overlay Project from Indiana Avenue to Montgomery Avenue- This project is funded by a Federal Surface Transportation program grant and City funds. This project was designed and advertised for bidding by public works staff. The bid opening for construction services was 0h July 14, 2006 - The Engineer's Estimate for the Base Sid ($327,667,80), Alternate 1 (Argonne Concrete Island_ $26,829.00) and Alternate 2 (Knox reconstruction, $24,573 -40) is $379,07020, The lowest responsive bidder, Spokane Rock products, submitted a base b d of $354,951,78, Alternate I bid of $28,881.50 and an Alternate 2 bid of $30,160.40. The contract award is based on W- 0,000 of available construction contract funds. Therefore, we propose to award a contract including the Base Bid and Alternate I to Spokane lock Products for 383,833.28- OPTIONS: 1) Authorize the award of a contract for the Base Sid and Alternate 1 to Spokane Rock Products for $363,633 -28 2} Provide additional direction to staff, RECOMMENDED A T(ON OR MOTION: Bove to award the Argonne Road Overlay Project to the lowest responsive bidder, Spokane Dock products, Inc., and authorize the City Manager or designee to execute the agreement with Spokane Rack Products, Inc. in the amount of $383,833,28, BUDGET /FINANCIAL IMPACTS: The 2006 budget includes a total of $498,758 for this project. Federal STP(U) grant funds available for this project is $273,887. The expected expenditures are summarized below- Preliminary Engineering Phase (completed in- house): $ 15,832 Construction phase summary: Construction contract $383,833 City Staff time $ 4000 State Staff time $ 2000 Contingency $ 43,093 Construction Phase Total $482,926 Project Total $498,758 The Street Capital Projects Fund has sufficient appropriations to cover these project costs. STAFF CONTACT: Neil Kersten, Public Works Director Steve Worley, Senior Engineer — Capital Projects ATTACHMENTS 1) Bid tabulation — Argonne Road Overlay, Indiana to Montgomery 2) Award Letter to Spokane Rock Products, Inc.