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06-089.00 David Evans & Associates: 44th Ave PathwayLocal Agency Consultant/Address/Telephone David Evans and Associates, Inc. Standard Consultant David Evans and Associates, Inc. Agreement g 908 N. Howard St., Suite 300 Spokane, Washington 99201 ® Architectural /Engineering Agreement ❑ Personal Services Agreement 509- 327 -8697 Agreement Number Project Title And Work Description LA 6223 44th Avenue Pathway Project Pedestrian Pathway for. 1.4 miles Federal Aid Number FTPE- 4010(001) Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ® Cost Plus Fixed Fee DBE Participation Overhead Progress Payment Rate % ❑ Yes -®No % Overhead Cost Method Federal ID Number or Social Security Number ❑ Actual Cost Do you require a 1099 for IRS? ® ❑ Yes No Completion Date February 1, 2007 ❑ Actual Cost Not To Exceed �E % - CT ED-- ® Fixed Rate ""�' Fixed Fee $ REDACTED F1 Specif c Rates Of Pay Total Amount Authorized $ 12,699.20 ❑ Negotiated Hourly Rate Management Reserve Fund $ 1,269.92 ❑ Provisional Hourly Rate Maximum Amount Payable $ 13,969.12 ❑ Cost Per Unit of Work Index of Exhibits Exhibit "A" - Scope of Work Elthaibit'W' PPE pffi4ieipatiee Exhibit "C" - Electronic Exchange of Engineering and Other Data Exhibit "D" - Payment (by Agreement Type) Exhibit `B" - Consultant Fee Determination Exhibit "F" - Breakdown of Overhead Cost Exhibit "G" Exhibit "H" — Title VI Assurances Exhibit "I" — Payment Upon Termination of Agreement Exhibit "J" — Alleged Consultant Design Error Procedures Exhibit "K.'— Consultant Claim Procedures ' Exhibit "M'— Certification Documents THIS AGREEMENT, made and entered into this day of 2006 , between the Local Agency of Spokane Vall y , Washington, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Page 1 of 8 Revised 6/05 -�`5 C06 -8� f 1'VITN ESSE TH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, die parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. Il 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 die work can easily be evaluated. The CONSULTANT, and each SUI3CONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted'contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (1313E), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEi`•fENT. If DIM/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 die Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOVS Highway and Local Programs Project Development Engineer in consultation with die AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet die 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 beading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of tine 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 grade 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 CPR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in.the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the .Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.' The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub- contracting shall create, between the AGENCY and sub-con tractor,,any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimurn amount of their sub - contracted agreement that is established by the WSoo,r Highways and Local Programs Project Development Engineer in consultation with the AGENCY. Vil Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full aunount of such fee, commission, percentage; brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf bf said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of . ct or omission on the part of the CONSULT:?_. �i employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d tlirough 2000d4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RC W 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 die attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREl -:MFNT 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 pert of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSUL'T'ANT are terminated by die AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 i in such an event, the amount to be paid shall be determined by the AGENCY with :,-_,:;ideration given to the actual costs incurred by the CONSULTANT in performing the work: to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSUL'T'ANT, 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 die AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearaince of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall snake such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "K ". XII Venue, Applicable Law, and Personal Jurisdiction In the event that. either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be 'vitiated in die Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 All Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the .AGENCY shall be at all tunes as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including R.CW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its 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 Title 48 RCW. insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B, Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single Limit. Excepting the Worker's Compensation insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT" or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "l. ". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULT, _ T has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM', under this clause within thirty (30) days from the dale of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to dais AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, :Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVIII .Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent; or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terns and conditions thereof. Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as o � . -: -` day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. BY 1 c - V !i� By Consultant Richard E. Waltrip, P.L.S. Agency - — DOT Form 140.089 EF P Revised W05 age 8 of 8 Exhibit A -1 Scope of Work Project No. FTPE- 4010(001) See_atrachesi cope_o.LWm - date- d- October_6,2006 Documents To Be Furnished By The Consultant Tol3ographic-and_ribht hard.cop ic_ drawings;_electronic_s=ey-fi.lesYhard_ cop_} sucvey- %ield.notes DOT Form 140 -089 EF Exhibit A•1 Ra&ed 6J05 44th Avenue Scope of Services The City of Spokane Valley (CITY) intends to prepare preliminary design plans for a shared use pathway along the north side of 44" Avenue from Woodruff Road to Sands Road. It is desired that this proposed asphalt pathway will be situated within the existing street right -of -way. It is expected that the alignment will meander around existing trees and other features in order to minimize the impact to the existing conditions. DEA will provide topographic and right-of-way surveying services in support of this project. A topographic survey map will be prepared based on a field survey by DEA surveyors. This map will be suitable for the development of final design plans. A right -of -way survey will be conducted to locate the existing street right -of -way for the north side of 44" Avenue and for portions of the intersecting streets. 1. PROJECT ADMINISTRATION 1.1 Project Coordination with City DEA's project manager will coordinate with the City project manager on a continual basis, as necessary, for the duration of the project. Means of communication shall include telephone calls, .letters and e- mails. All correspondence between DEA and the City will be documented for the project file. 1.2 Project Invoicing and File Management DEA administrative staff will prepare monthly project invoices and track the project budget on an ongoing basis. The administrative staff and the DEA project manager will also be responsible for maintaining paper and electronic documents throughout the life of the project. 2. TOPOGRAPHIC SURVEYING 2.1 Project Control The project horizontal datum will be a ground coordinate system, referenced to the Washington State Plane Coordinate System, North Zone, NXD83/98. The project vertical datum will be NAVD88. DEA surveyors will tie to existing control monuments and establish sufficient control points along the project corridor to support. accurate mapping activities. Where possible, control will be set in a location out of the proposed construction area, so that it can be utilized by future activities. Typically, control points will be rebar with plastic caps marked DEA Control, but other markers such as pk nails may be utilized. 2.2 Topographic Surveying DEA surveyors will conduct a topographic field survey of the project corridor. The limits of topographic mapping area along the corridor are 1.00 west of Woodruff Road to the easterly right -of -way line for Sands Road. The mapping limits along the north side of 440 are 10 feet (minimum) north of the north right -of -way line, but will extend north to the toe of slope for existing road fill areas. Topographic mapping will extend 50 feet from the north right -of -way line, up the streets intersecting from the north. The south mapping limits will be the north edge of pavement of 44°i Avenue. However, 44ih Avenue will be mapped to shoo= both edges of pavement and the street crown. No utilities or other features will be mapped in the 44" Avenue pavement. Within the napping area, surface features to be mapped will be above - ground utilities, driveways, culverts, fences, trees, mailboxes, and other features. 'frees will be located, identified as deciduous or coniferous, with the size noted. Bushes may be located by edges only. 44th Avenue Pathway Project Page 1 of 2 01�M Correspondence1R %IA44th Ave PathavaMQh Avenuo Scope 100606.doc 1010612006 - wo 44th Avenue Scope of Services 3. RIGHT-OF-WAY SURVEY 3.1 Research DEA survey staff will research existing records for information related to street right -of -way. This will include right -of -way records, subdivision plats and recorded surveys. In some cases, deeds or other documents will be researched. 3.2 Field search and measurements DEA. field survey :staff will search for and measure to controlling street right -of -way monumentation-in order to locate street right-of-way. It is anticipated that the right -of -way survey will determine accurate locations for the right -of -way lines for those areas where right -of -way records are unambiguous and controlling monuments are found in place. However, for arm-,, where records are ambiguous or lacking and/or no controlling monuments are found, an accurate location maybe difficult to determine. In those cases, the specifics will be discussed with CITY staff. In some cases, an additional effort may be made to accurately locate the right -of -way lines in these areas, if directed by CITY staff and budget allows. 4. DRAWING PREPARATION 4.1 Drawing preparation DEA will prepare a drawing showing the result of the survey activities. This drawing will show the combination of the topographic survey and the right -of -way survey efforts. It will be prepared on 24" by 36" sheets, at a 50 scale, in AutoCAD 2005 and according to local City/County Standards. The drawing will be signed and scaled by a Professional Land Surveyor licensed in Washington. DEA will also provide copies of the surveyor's field notes to the CITY. Electronic copies of the AutoCAD drawing file(s) along with relevant project data files, such as point files, terrain model files (DTM), alignments (if created), etc., shall be provided to the CITY upon completion of the survey drawing. 5. ASSUMPTIONS NGS, WSDOT or other suitable positional control monuments are existing and accessible near the project area. Adequate street right -of -way monuments e..xist along the project corridor. Areas to be surveyed are accessible. 44th Avenue Pathway Project Page 2 of 2 0:12006 Got aVanderteMEW 04th Ave Pathw a+n44th Avenue Soope 100606.doe 1010612006 Exhibit C Electronic Exchange of Engineering and.Other Data In 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: I. Surveying, Roadway Design & Plans Preparation Section A. A. Survey Data — Survey field notes and point ASCii files. B. Roadway Design Files — Not applicable. C. Computer Aided Drafting Files — Electronic CA.D files including terrain model files and alignment files. D. Specify the Agency's Right to Review Product with the Consultant — Not applicable. E. Specify the Electronic Deliverables to Be Provided to the Agency — See items A and D above. F. Specify What Agency Furnished Services and Information Ts to Be Provided — Digital ordiphotography. H. Any Other Electronic Files to Be Provided —Not applicable I11. Methods to Electronically Exchange Data A. Agency Software Suite — AutoCAD 2005 B. Electronic Messaging System — Voicemail and /or email C. File Transfers format — CD or FTP 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 full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section H, "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 CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non -salary costs, and fixed fee. t. 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 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 paymentshall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: 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 (luring the Life of the AGREEMENT. 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 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 in 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 140.089 EF FANI D-2 Revised 6105 Failure to supply this information by either the prime%.vNSUL.TANT or any of their sub - consultants shall cause the AGENCY to withhold payment 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 CONSULTAN'T'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 piles and regulations regarding travel casts (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. 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 slated 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 IX entitled "Termination of Agreement." 5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the lvlanagement Rcserve Fund is shown in the heading of this AGREE1viENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fimd shall be made in accordance with Section XIV, "Extra Work." 6. Maximu "::: �tal Amount Payable: The Maximum Tc'� _remount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 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 wider 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 may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 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 PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be.furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to-any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. in the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 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. Exhibit F Breakdown of Overhead Cost Account Title $ Beginning Total % of Direct Labor Direct Labor See Attached Breakdown of Overhead Overhead Expenses: Costs FICA Unemployment Health /Accident Insurance Medical Aid & Industrial Insurance HolidayNacation /Sick Leave Commission/Sonus/Pension Total Fringe Benefits General Overhead: State B &O Taxes Insurance Administration & Time Not Assignable Printing, Stationery & Supplies Professional Services Travel Not Assignable Telephone & Telegraph Not Assignable Fees, Dues & Professional Meetings Utilities & Maintenance I Professional Development Rent I Equipment Support Office, Miscellaneous & Postage Total General Overhead Total Overhead (General * Fringe) Overhead Rate (Total Overhead / Direct Labor) DOT Form 140.089 EF Exhlbtt F Revtsed W05 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The four pages entitled "Independent Auditors' Report" contains confidential cost and rate data and are withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Exhibit H Title V1 Assurances During the perforrnancr, of this AGREEMENT, the CONSULTANT, for itself, iU'assignees, and successors in interest agrees as follows; ] - Compliance with Regulations- The CON S ULTANT shall comply with the Regutations relative to non- is federally assisted programs of the, AGENCY, Title 49, Code of Federal kegulution% Part 2 1, as they may be amended from time to time thereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this A REEAIMNT. Non- discrimination: The CONSULTANT, with regard to the work performed during the A &BEMENT, shall not discritn inate on the grotuids of race. color, sex, or national origin in rho selection and retention of sub - consultants, including procurement of s1r� ate rials acid leases of equipment. The CON IJL'1` NT shall not participate either directly ar indirectly in the discrim ination prohibited by Section 2 1. 5 of the RI:.GU ATMNS, including employment practices when the AGREE )ANT covers a program set forth in Appendix B of the REGULATIONS. 3, Solicitations for Sub - consultants, Including Procurement of Materials and .]Equipment- In a] I solicitations either by competitive bidding or negoti ati osis made by the CON SCJL7'ANT foe work to be performed under a sub - contract, including procurement ofrnaterials or leases of equipment; each potential sub - consultant or .mpplier sha11 be notified by Cho CONK LTANT of the CO SLLTANT'S obligations under this AGRI~EiI NT and the REGULATIONS relative to non - discrimination oa the grmrinds 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 hooks, records, accounts, other sources of inforn ation; and its facilities as in ay be determined by ACaENCY, STATE ar the Federal H ighway Administration (FJ�WA) to be pertinent to ascertain compliance With s4GCh REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is iu the exclusive possession of another who fails or refuses to furnish this informations, the CONSLTLTAN T shaII so certi Fy to the AG EN CY, STATE or the Fl-1WA as appropriate, and shall set forth what efforts it has made to obtain the i iformiition. Sanctions for Non- compiiai)ce' In the event of the CON SIIL'1'A i'f'S non-compliance with the• non - discrimination 1)rovis ion s of dais A RE EIMEN T, the AGENCY shall impose such AGREE EN'r sanctions as it, the STATE or]N, FH_ WA tray determine to be appropriate, including. but not limited to WiLbluolding of payments to the CONSULTANT under the AC.IRI:,MMEN C' until the CONSULTANT camplies, and/or; Cancellation, termination, o suspension of the AGRE1rI4LENT, in whole or in part DOT dorm 140 -085 FF ExWbik H Revised rwD5 6. facorporation of Pro visk, The CONSULTANT droll include the P�_,.:,ions of paragraphs 0.j throw (5) in overy sub - contract, including procurement of materials and leases of equipmcm, unless exempt by the f ' ULATION , or directives issued pursuant thereto: The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or THWA. may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided; however, that in the event a CONSULTANT becomes involved io, or is threatened with, litigation with a sub - consultant or supplier as a result ofsuch direction, the CON SULTANTmay request the AGENCY and the STATE enter into such litigation to protect the interests of the A GENCY and the STATE and, in addition, thz CONSULTANT may request the Uaited States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 14MBO EF ExhiW I Revised 6105 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note:17he Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design errors) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment.. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H &LP, through the Region DOT Form 140 -089 EF Exhibit J Revised 8105 S I Local 'rrograms Engineer, a summary of the settlexilutt'LJor review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.. Step 5 — Forward Documents to .Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. 1f necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &LP will also identity how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work- and costs to reflect the agreed upon resolution. H &LP, in consultation with FMVA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. 5 ` _ Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure reWding.claim(s) on a consultant agreement.. The following procedures should only be utilized on consultant claims greater than $1,000.1-f the consultant's claim (s) are a total of $1,040 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 fait and reasonable price for the coxlMl�%nt's claims) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant acid the agency to. consider a potential claiin by the consultant. Step 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additionaI services that were outside of the agr"ment's scope of work, tbey may be entitled to a claim. The first step that must be coihpleted is the request for consideration of the claim to the Agency's project manager_ The consultant's claim must nudine theffollowina. • Summation of hours by olassific�atian 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; untrnary of direct labor dollars, overhead (:osh, profit an.d rcimbursable 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 O11SLFItaf t'S Claim for Additional Cornpensalioti Aftjcr the c- onsultant has completed step 1, the next step in the process is to forward the request to the Agei3cy's project manager. I`he project manager wiI I review the consultant's claim and i11 met with the Director of Public Works or Agency Engineer to determine if the Agency agrees wills the claim, If the F"H'WA is pafticipaHng in the project's funding, forward a copy of the consultant's claim and the Agency's recornnle1idarion -For fcdcral participation in the claim to the WSDOT Highways and Local Pron rain through th5 region Loc�rl Programs Engineer. If the claim is not eligible R)r red eral participation, payment wi11 need to he from agency fonds_ If the Agency project manager, T)irector of Pub Iic Work, s or Agency Engineer, W SDOT highways and Local 1rograms {if applicable), and FHWA (if applicable) agree wit 1hk, consultant's claiin, send a request memo, incIud iii a backup documentatinn to the consultant to either supplement the agreement, or create a rie,w agreement for the claim. After the request alas been approvf,d; the Agency shall write the stipplemciat and/or new agreement and pay the consultant the amount of the claim, Inform the consul Cant that the Final payment fbr the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 14M89 EF Exhbt K Revised G105 If the Agency do--:,. .�,t agree with the consultant's claim, proc'..: ,,:o step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude .future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WS.DOT .Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment: will need to be from agency fimds. 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 claims) 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. . hereby certify that I am representative of the firm of Exhibit M -1(a) Certification Of Consultant Richard E. Waltrip, P.L.S. David Evans and Associates, Inc. Project No. FTPE - 4010(001) Local Agency and duly authorized whose address is 908 N. Howard St., Suite 300, Spokane, Washington 99201 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 CONSULTAN`I� 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 slated (if any); I acknowledge that this certificate is to be available to the Washington State Department: of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. c4,1 3, 21 1 ZoO (v bate DOT Farm 140 -089 EF Exhibit PA-1 (a) Revised 6105 Signature I1 � Exhibit M -1(b) Certification Of Agency Official I hereby certify that 1 am the AGENCY Official of the Local Agency 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) Nay; or agree to pay, to any Firm, person, or organization, any fee; contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Q c-% 6,4_ Z7, 2,ticlo Date DOT Form 140.039 EF Exhibit MA(b) Revised 6/05 i f • c.J�1 Signature r , . , if 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. 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, suite, or local) with commission of any of the offenses enumerated in paragraph (1)(8). 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. Where t:he 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): David Evans and Associates, Inc.. 6c4y 6t, 2,.,7 0 214%& (Date) / DOT Form 14Q -088 EF Extt[bit M -2 Revised GIGS e-2 Signature) President or Authorized 0 is I of Consultant 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: No federal appropriated funds have been paid or wil I be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any finds other than Federal appropriated finds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such Failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): David .Evans and Associates, Inc. �C (Date) t � I1 o& DOT Form 140.089 EF Exhibit 1.1-3 Revised 6/05 (Signature) President or Authorized Offic' I f Consultant Exhibit M-4 Certificate of Current Cost or Pricing Data "'his 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 44 a.,uev",¢, P,�! PM"&f I PT —4oto(Ori) are accurate, complete, and current as of or-64---k 2'� r2,o(e . This eerlification 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 David Evans and Associates, Inc. Name Richard E. Waltrip, P.L.S. 'f'itle Associate Date of Execution * ** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. * ** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140y089 EF Exhibit M -4 Revised 8105 t CITY OF SPOKANE VALLEY CONTRACT AUTHORIZATIO Submitting Dept Public Works Date November 9, 2006 Budget Account No 307 307.054 595 62.41 .02 CONTRACT TOPIC: Consultant Contract for surveying services for the 44°' Avenue Pathway Project CONTRACT BACKGROUND: Please find attached 2 copies of a Local Agency Standard Consultant Agreement with David Evans and Associates. Inc. for' Design and Right of Way Surveying Services for the 44th Avenue Pathway Project. The agreement amount is $12,699.20, plus a contingency (Management Reserve Fund) of 10 %, for a total contract amount of $13,969.12. The attached agreement format is consistent with the Local Agency Guidelines (LAG) Manual and has previously been reviewed and approved by Cary. This project is funded for Design Phase only by Federal Funds through the STP Enhancement program, with a total federal participation amount of 516.500 All remaining grant funds will be used by staff to complete the design of the pathway. It is our goal to survey the site by early December and complete the design by early spring 2007, so that a complete Plans, Specifications, and Estimate package will be available in time for the next round of enhancement grant applications in May, 2007 Submitting Department Legal Finance I City Manager City Jerk JL DISTRIBUTION. - Submitting Department Accounting Vendor -_F ____.�- - --sue- �1• S �pokan� ,;,oOVa11ey 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhatt @sp kaneva(ley,org Memorandum To: Nina Regor, Deputy City Manager From: Steve Stamatoplos Thru: Neil Kersten, Public Works Director Steve Worley, Senior Engineer (CIP) Date: November 7, 2006 Re: 44"' Avenue Pathway Project — David Evans and Associates Contract Please find attached 2 copies of a focal Agency Standard Consultant Agreement with David Evans and Associates, inc. for Design and Right of Way Surveying Services for the 44" Avenue Pathway Project. The agreement amount is $12,699.20, plus a contingency (Management Reserve Fund) of 10 %, for a total contract amount of $13;969.12. The attached agreement format is consistent with the Local Agency Guidelines (LAG) Manual and has previously been reviewed and approved by Cary. This project is funded for Design Phase only by Federal Funds through the STP Enhancement program, with a total federal participation amount of $16,500. All remaining grant Finds will be used by staff- to complete the design of the pathway. It is our goal to survey the site by early December and complete the design by early spring 2007, so that a complete Plans, Specifications, and Estimate package will be available in time for the next round of enhancement grant applications in May, 2007. 1 recommend this agreement be approved and signed. Please let me know if you need any additional information.