08-015.00 JUB Engineers: Capital Projects Inspection SvcsAmk Washingto *ate
Department of Transportation
•
Supplemental Agreement
Organization and Address
JUB Engineers, Inc.
Number 1.
422 W. Riverside Avenue
Spokane, WA 99201
Original Agreement Number
05 -009
Phone: 509 -458 -3727
Project Number
Execution Date
Completion Date
12/31 /2008
Project Title
New Maximum Amount Payable
Construction Management & Inspection Services
$ 200,000.00
Description of Work
Constriction Management and Inspection Services for Capital Projects, to be determined by Task Order.
The Local Agency of City of Spokane Valley, WA
desires to supplement the agreement entered into with JUB Engineers, line.
and executed on 12/22/2005 and identified as Agreement No.
05 -009
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read: The City is x ercie�n� the rent Qntion for one «.>:; t„ 1213 I / ?Of18
I11
Section V, PAYMENT, shall be amended as follows:
MIX, nt payable remain,-, the same atS200-000.00.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces
below and return to this office for final action.
By: David J. Kliewer
-7A C sultant Signature
COT Form 140 -063 EF
Revised 9I?-005
Sy: David Mercier
Approving Authority Signature
ol-11-a Ae
Date
COS-1.5
r�(
Index of Exhibits
Exhibit "A" - Scope of Work
_.L .U�,E �+f rl IIPPI Illo .1 R7T- C 111 `cl tJata
Exhibit "D" - Payment (by Agreement Type)
E, . =; [has his document contains confidential tax information and
Exhibit "F" Breakdown of Overhead Cost been redacted pursuant to RCW 82.32.330.
Exhibit "H" —Title VI Assurances You may petition for a review of our findings pertaining to any
Exhibit "I" — Payment Upon Termination of Agreement redacted or withheld documents pursuant to Spokane Valley
^ a' n _ - Municipal Code (SVMC) 2.75.080; and obtain judicial review
Exhibit "K" — Consultant Claim Procedures pursuant to RCW 42.56.550.
Exhibit "M" — Certification Documents
THIS AGREEMENT, made and entered into this
between the Local Agency of City of Spokane Valley
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF Page 1 of 8
Revised 6/05
day of Q�Lca-, � , 2005 ,
, Washington, hereinafter called the "AGENCY",
Consultant/Address/Telephone
Local Agency
J -U -B ENGINEERS, Inc.
Standard Consultant
422 W. Riverside Ave.
Spokane, WA 99201
Agreement
509 458 -3727
® Architectural /Engineering Agreement
❑ Personal Services Agreement
Agreement Number
._D � �
Project Title And Work Description
On Call Construction Management and Inspection
(�
Services
Federal Aid Number
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
® Cost Plus Fixed Fee
DBE Participation
❑Yes 0 N N/A
Overhead Progress Payment Rata9EDACTED
Federal ID Number or Social Security Number
REDACTED
Overhead Cost Method
❑ Actual Cost
Do you require a 1099 for IRS?
Completion Date
❑ Actual Cost Not To Exceed %
❑ Yes ® No
July 31, 2007
REACTEE)
® Fixed Rate
Fixed Fee $��t�n; �; /�z5'U�der
Total Amount Authorized $ 400,000.00
❑ Specific Rates Of Pay
❑ Negotiated Hourly Rate
Management Reserve Fund $
❑ Provisional Hourly Rate
Maximum Amount Payable $ 400,000.00
❑ Cost Per Unit of Work
Index of Exhibits
Exhibit "A" - Scope of Work
_.L .U�,E �+f rl IIPPI Illo .1 R7T- C 111 `cl tJata
Exhibit "D" - Payment (by Agreement Type)
E, . =; [has his document contains confidential tax information and
Exhibit "F" Breakdown of Overhead Cost been redacted pursuant to RCW 82.32.330.
Exhibit "H" —Title VI Assurances You may petition for a review of our findings pertaining to any
Exhibit "I" — Payment Upon Termination of Agreement redacted or withheld documents pursuant to Spokane Valley
^ a' n _ - Municipal Code (SVMC) 2.75.080; and obtain judicial review
Exhibit "K" — Consultant Claim Procedures pursuant to RCW 42.56.550.
Exhibit "M" — Certification Documents
THIS AGREEMENT, made and entered into this
between the Local Agency of City of Spokane Valley
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF Page 1 of 8
Revised 6/05
day of Q�Lca-, � , 2005 ,
, Washington, hereinafter called the "AGENCY",
• •
WITIYLSSETI. THAT:
WI RF..AS, the AGENCY desires to accomplish the above referenced project, and
NVIJEREAS, the AGENCY does not have sufficient staff to inef•t the required conunitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT,
and
WHE,RFAS, 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 pprties 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 ail services, labor, and related
equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
11 Scope of Work
'fhe 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
CONSULTANIT 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
pro¢ ess of the wort: can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 C:I:R Part 26 in the award and administration of USDOT- assisted contracts. Failure by the
CONISULTANT to carry out these requirements is a nhaterial breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Mutoriry
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If DfM1'VV5F 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 pant of this AGREEMENT, If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREFMENT are those
established by the WS-DOT'S Highway and Local Programs Project development Engineer in consultation with the
AGENCY.
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSUi..TANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CON'SULTAN'T.
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 tinder this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event 01a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONTSULTANT.
A prior supplemental agreement issued by the AGENCY is required to extend the established completion tithe.
V Payment Provisions
The CONSULTANT shalt be paid by the .AGENCY for complieted work and services rendered under this
AGREE -NfENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work_ The CONSULTANT shall conform to all applicable
Portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub - Contracting
The, AGENCY permits sub- contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead; direct non - salary costs and fixed fee costs for the sub - consultant shall be
substantiated in the same manner as outlined in Section V. All sub- contracLs 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
Pavrnent laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT' shall not s?ib- contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and
sub- contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a
minimum amount of their sub - contracted agreement that is established by the WSDO`' Highways and Local Programs
Project Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona tide employee working solely for the COI`'SULTANT, any fee,
commission, percentage, brokerage fee, gift 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
AGREENfEN'T without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee; gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons white engaged in the performance of any work or
services required of the CONSULT'.ANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and ail claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of 8
•
third party as a consequence of any act or omission on the part of the CONSULTANTS employees or other persons
while so engaged on any of the work or services provided to be. rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONTSULTANT 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 agruvs
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with iaisabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CF'R Part 21
23 CFR Part 200
RCW 49.60. l 80
In relation to `title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "1i"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulafions or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
1n the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT' of the
Notice to Terminate. if the accumulated payment made to the CONSUL TAN- 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 CONISULTA \TT,
the above formula for payment shall not apply.
Page 4 of 8
in such an event, the amount to be paid shall be detenmined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the %work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a forin 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 CONSUI..TANT was not iii default or that the CONSULTANT'S failure to
perform is without the CONSULTANTS 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 AGI2EEMEN'T: if requested to do so by the AGENCY. This subsection shall not be a bar to
renegotiation of the AGREENIFNT between the surviving members of the CONSULTA]\'T and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEME \'T, payment shall be made as
set forth ui the second paragraph of this section.
Payment for an} ^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 AGR.EEIvIENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein; when required to do so by the AGENCY, without additional compensation thereof
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall
be considered as Extra Work and will be paid for as herein provided under Section X1V.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANTi' 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 A6REEME \7T; provided;
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject Lode 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, die parties hereto agree that any such action shall be initiated in the Superior court of the
State of Washington, situated in the cotuity 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
frorn 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
Ill Legal RelatlonS
The CONSULTANT shall com nce
ply 'Xith all Federal, State, and IDU�LI I u s and ordinas iLpplicahle to thY n'prk to be
done under Ehis AGREEMENT_ This contract shall be interprat°d and construed in accordance with the laws of the
State of'%Va_ShLnDton,
The CO Nt 5ULTANT shall indernirify and hold the AGENCY and the STA "fT, and its off sets and -mployees harEnless
from aitid shall process and defend at its GWFL expense all claims, den3ands, or suits at law or equity arising in whole or in
part froin the C;ONST) LTA ;T'S negli¢enco or brearlk of any of i[5 obligations and sr this A GREEMENT ', provided that
nothing herein shall require a CoR °SULTANT to indemnify the AGENCY or the STATE against and hold hamlless the
AGENCY or the STATE fro claims, demands or stkiLs based solely upon the conduct of the AGeNC:Y or the STATE,
their Ug=ts, officers and employees; and provided fanber that irthe claims or suit are caused by or result from the
concw'rent negligence or (a) the WNSUI.TAIA7 S agents or employees, and (b) the AGF_NCY or the STATE, their
agent, officers aid employees, this iid nriity provision with rasspctt to { I }claims or suits based upon such negligence
(2) tilt costs to the AGENCY or the STA`1'E of dcfendir3s such claims and suits shall be valid and enforceable 0111v to
the extent of the CON SULT'A.NT'S i3e41i-ounce or the negligence. ofthe C'ON'SULTANT° S agents or employees_
The CONSULTANT'S relation to the A G 2 CY shall be at all times as an independent contractor_
-I`he CONSULTANT shall cuntply wi[h ail applicable sections of the applicabl3 F --hies Iaws, including R CW 42.23,
1 %,hic11 is the :. Coj e or EtiliCS For regulating contaatl interest by ITL111Yfcipal officers. T'he C�DNSU1,TA:NT specifically
assumes potential liability for actions brought by the C'ONSM.TA'NT' S [j }vn elttployeLs against the AGSNC:;! and,
solely for the ptEr})osc or this induimLif cation and defcrEse, the CON UJ TANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCWL
jinIuss otherwise sper.iFed in the ACYREF- kM..NT, tho AGENCY shall by responsibis for adlninisUation of construction
contracts, if any, o3i the PROJECT_ Subject to the prvices Sin 9 of a dew sole source, or an acceptable supplmlental
agreement, the CONSULTANT shall provide On -C all assista3.t" to the AGENTCY Burin- contract administration, B
pro v1&a- sLich assistance, the CC) NSULTANT shall assurra6 n responsibility for= proper construction techniques, job
sate safety, Or any constfuctiork GOnt:ract 1''s failure tO PE~rrOYCri 1t5 v. ark in accord$nce v'ith the coutraCt documents,
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the followitlg insurance with companies or through sources apprevtd by the State 'I nsurance Coin missionor pursuant to
Tit1e48 RCW-
insuraRce Coverage
A. Worker's compensation aEld employer's liability insurance a5 required by thL. STATE,
B. Cornmcrcial general liability and prgpert�' damage insurance in an aggooat)e am ount not less than tV %a 1 F I ion
dollars ($2,000,00+x) for bodily injury, including death and property darnag,�.'f11e per or❑urrence amounk shall
not exceed one miIIion dollars (S 1,000, 000).
C. Vehicle liability insurance for any aueom obi ic used in an amount not less than a one En!IIion dollar (s 1,000,00fi)
combined single Iiwit.
Excepting the Worker's Corn pensation Tnsunnce and any Professional Liability+ insurance secured by the
CON S (JIyTANT, the AGE CY will be named on all policies ?s an additional insured. The C-CY 1SULTANT shall
furbish the A CTENCY with verificati1111 OF insurance and codorsaments r- quired by 1e AGRE) LA1-NT. The AGENTCY
reserves the right to require complete, certified topics of all required i«siirancc policies at any time.
All insurance shall be Obtained 17TO01 an insurance company aothorized-to do business in th^ State of Washington, The
CONSUUTANT Sha]I SUbmit a veriflca'tlon Of in5E1rance as oull hied sab) Vo within fourteen ( I fir) days of the executio" of
this AGRELME T to the AGENCY.
No canccliation of the fore;oing policies shall l)c effective without thirty (30) days prior notice to the P.f'jLLNC±Y_
The CQ SULTANT' S priD fes£ionaI liability to rho AGENCY shall be limited to the amount payable 0nder this
A(iRL'-EtMENT or 0 n B E1ni Ili 011 (SI A0,000) dollars, whir -he-ver is the greater, un less racdibed by exhibit " L ". In io
case shall the CO 'SULTANT' S professional Iiability to third parties be Iim iced in any way.
Page 6 of S
• o payments under Section V until the CONSULTANT has fully complied with this
The AGENCY will pay no proress p y g
section. 11iis 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
AGREEM\rr accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM'', under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULNANT 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
A GREEIAENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by there.
XVl 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 I- ederal Funds for Lobbying and
Exhibit "MA" Certificate of-Current Cost or Pricing Data, Exhibit "10-3 " is required only in AGREEMENTS over
S100,000 and Exhibit "M -Q" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain ail 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 ail statements, representations,
warranties: covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT: and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
Page 7 of 6
•
witness whereof, the parties hereto have executed this AGREEMENT as of the day ancpe- ar shown in the
In P
"Execution mate" box on page one (1) of this AGREEMENT.
By
Consultant .I -U -B HNICUNEERS; Inc.
Agency
OOT Form 140 -0.39 EF Farce 8 of B
Revised 6105
C
Exhibit A
Scope of Work
On Call Construction Management and Construction Inspection Ser-8Tices
A. General Scope of Work
The work under this AGREEMENT shall consist of performing services related - to On -Call
Construction Management and Construction Inspection Services as herein defined and necessary to
accomplish individual tasks ( "task order ") issued by the CITY. The CONSULTANT shall firrnish all
services and labor necessary to accomplish these tasks, and. shall provide all materials, supplies,
equipment, and incidentals, except as designated elsewhere in the AGIREEiKENT, necessary to
prepare and deliver to the CITY the construction management and/or construction inspection
services and /or - other related deliverable item(s) requested by the CITY. It is noted that CITY
construction may occur during daylight hours, nighttime hours, or weekend hours, or any
combination thereof,', and schedules for personnel will be discussed on a task order by task order
basis.
Each Task Order will be individually negotiated with the CONSULTANT. Each Task Order will be
considered a separate contract, identifying the maximum amount authorized, start date and end date,
and scope of work specific to the task. The terms of the Task Order cannot be modified without
written approval from the CiTY and CONSULTANT. Any work performed outside of the terms and
conditions of the Task Order will not be considered for reimbursement.
The CITY is not obligated to assign any specific number of tasks to the CONSULTANT, and the
CIT'Y'S and CONSULTANT'S obligations hereunder are l rnited to tasks assigned in writing. The
CITY may require the CONSULTANT to perform all work on a project, or provide individuals to
supplement existing CITY teams. Task orders may include, but are not limited to:
A 1 Construction Management Services
Construction management services are performed by licensed engineers who administer a project
office covering one or more transportation construction projects. Services may include but are not
limited to:
• Supervise, offer supervisory support and manage engineers and engineering technicians
responsible for administering multi - million dollar "transportation construction projects.
• Per the WSDOT Standard Specifications for Road, Bridge, and Municipal, Construction,
Section 1 -05.1, Authority of the Engineer, the CONSULTikNIT, as appropriate, shall assume
the authority of the engineer as outlined and as referred to in any task. order documents and
in conformance with the WSDOT Construction Manual iv141 -01, Section 1 -2.2,
Administration, Project Engineer's Relationship and Responsibilities.
• Manage and administer construction contract changes i.n accordance with CITY policies and
procedures.
• Apply policies, procedures, guidelines, standards and regulations, including environmental
regulations.
• Provide innovative leadership and management for traffic control; personnel resource
management and budget constraints.
• Develop work load projections, and organize staffing for multiple shifts and changing
Exhibit A - Y -9250 Page I
•
workloads.
• Manage the construction budgets and recommend monthly payments to the contractor(s).
• Monitor construction schedule using computer based scheduling program(s).
• Communicate with internal and external customers, CITY management, property owners,
and stakeholders, as defined in the specific task. orders.
• Monitor the contractor's compliance with the plans and specifications, and organize and
plan the work. of CONSULTANT personnel as needed to anticipate and avoid problems.
• Acquire all project documents from the contractor and other sources for all projects.
Maintain organized project records of all documents such that documentation requirements
as outlined in the WSDOT Construction Manual M41 -01 are met for the project, including
any federal documentation requirements for federally funded projects.
• Monitor contractor operations such that the CONSULTANIT and CITY personnnel and the
traveling public are protected. CONSULTANT is not responsible for site safety or
Contractor's safety program.
• Provide direction on issues that arise.
Other related services as requested by the CITY.
A.2 Construction hispection Services
Construction inspection services are performed by personnel who assist in various ways in
administering one or more transportation construction projects. Services may include but are not
limited to:
Chief: Inspectors
C Field assistance for the Project Engineer., supervising all phases of inspection on various
types of highway construction projects.
O Assist with field design modifications and clarify contractor questions on construction
projects.
0 Review pay estimates.
0 Assist in monitoring construction schedules.
Full supervision of CONSULTANT staff as appropri.ELte.
0 Respond to questions from property owners and the public.
Monitor contractor operations such that the CONSULTANT and CITE' personnel and the
traveling public are protected. CONSULTANT is not responsible for site safety or
Contractor's safety program.
Train subordinates in all phases of project inspection
Office Engineer
• Prepares Change Orders and cost estimates.
• Supervises office staff.
• Supervises contract documentation requirements.
0 Supervises contractor payment processing.
Materials Engineer
• Ensure material used in construction projects meets construction requirements by processing
contractor's requests for approval, analyzing field test data, and resolving materials
documentation deficiencies at the end of construction.
• Supervise staff performing materials testing and documentation.
Other Assisting Staff
0 Perform tests on materials used for construction per the WSi)OT Construction Manual, M.41-
Exhibit A Y -9250 Page 2
01. Must be qualified to. perform these tests.
Prepare calculations and notes for monthly payments, or assist in such work.
O Prepare cost estimates, or assists in such work.
o Prepare all documents .necessary for contract change orders.
9 Process Force Account payments.
o Act as assistarit inspector under the direction of the Chief Inspector.
o Provide survey party members i_f necessary for construction projects.
C Provide basic assistance in ticket taking, survey crew work, materials testing.
e Assist in preparation of project documentation.
m Other related work, as needed by the CITY.
A.3. Project Management
Project management services are performed by personnel who normally remain in the
CONSULTANT T,s offices. Services may include but not be limited to:
• Invoicing
• Progress reports
• Work sclieduling
• Subconsultant management
• Project paper management and documentation
• Other related work., as needed by the CITY.
Payment for this aspect of work will be limited to 10% of the total amount authorized in writing
unless otherwise negotiated.
:13. k'remium Overtime and Other Non- Standard Schedules
If the CITY deems it in its interest for the CONSULTANT to perform work on a premium overtime,
shift premium, or other non- standard basis, it may authorize such action in the applicable Formal
Task Order Documents, or in a subsequent authorization letter to the CONSULTANT. Premiums
shall. not be burdened with overhead and fee, and shall be shown separately on the invoices.
C Meeting Notice Rettuircments
The CONSULTANT shall attend various project related meetings as discussed in Section Ill and as
requested by the CITY. A minimum of four (4) hours advance notice of such meetings shall be
required to be given to the CONSULTANT *T by the CITY. If the meeting is prior to development of a
task order document, the CITY will follow up with a task order document within 24 hours.
D. Not used
E. Materials Tester Qualification Process
The materials tester qualifications process includes the following:
C When requeste& by the City, provide training records and documentation indicating the
Exhibit A Y -9250 rage 3
•
•
CONS U 1'.I.-A FT staff murnber's level of proficiency in (he applicable materi.als test
procedures requested by the CTTY. The individual must also be in possessioil of a
certificate of training and safe use of nuclear moist i- eldensity gauges; and possess a valid
tberinc) luourescent dosimeter-
The CONSULTANT shall be responsible :For training their staff' in ilie various materials testing
procedures, The CITY will qualify the OONSUL,TANT .staff as foilOws;
ID The CITY, wbtn they request materials testiilg as part of the NSUL'1"AN' T services for a
project, will review tide certil,ication of training for the Individual proposed by the
ONISTJLTANT as a materials tester.
The ma-terials testing personnel shall be cerki#ied by are accepted accredited organization
( 'LAS. 'NABO; National InSIALIte of Technology, ACT, AA HTO 18 -04, cFr as approVe -d
by CITY).
Y).
O if it is found that the CONSULTANT staff member is perforwih -c tes[ procedures
incolTectly or is rnisusing cquipmernt; the CO SUL 2A:NT will be i- ii of the, situation,
amd ti,e staff iiierabai- hall not contin.ue to work on the. task order.
Exl. —kibit A Y -9250 Page 4
• i
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 cotnpensation for work performed or services
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work
specified in Section 11, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 3 L
A. Actual Costs: Payment for all consulting services for this PROTECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead, direct non - salary costs; and fixed fee.
1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT. The
COi\1SUL"I7ANT shall maintain support data to verify the direct salary cost's 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 AGREENI'ENT 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 A.GREENTENT the
AGENCY agrees t:o reimburse the CO14SULTANT for overhead at the
percentage rate shown. This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEI\ -NIT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit, up to the Maximum Total Amount Payable, authorized under
this AGREJ.avfENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT S 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
CONSI UANIT (prime and all sub - consultants) will submit to the AGENCY
within six (G) 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 billin7
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 -059 EF Exhibit D -2
Revised 6105
•
0
FaiItkm to 9upl)ly this information by eithtr the prime CO SULTANT or any of the 11,
sub - consultants shall cause the AGENCY to withhold paymelit of the billed overhead
costs until such Erne as the required information is received and an overlead rate for
billing purposes is approved.
The AG ENIC`Y, STATE andfor the Federal Goveranient may perforin an audit- of the
CON SULTAIIT'S books andrecords at any time during regular business hours to
determine the actual overhead rate, 1f they so desire_
3_ 'D i rca Non- Saki ry Costs: Direct. Non- Salary COsts will b reirnburscd at the AO:OaI
Cost to the COINSULTANT. These charges mLy include, but are not limited to, t17e
folio %ving itamn -. Ora -vef; printing, long distrince telephone, supplies, computer cl7argts
iiiid fees of sub - consultants. A it or train travel wi I be rcirnbursed anly to econo1ny
class levels unless other wise approved by the AGEVIC:Y, The CONSULTA FT shall
coin ply with the rules and regulations regarding I.r4vcl costs {extlucling air, train, and
ren1A car costs} 111 accordance with the AGENCY'S Travel Rules akid Piro c&Aures.
H.()wever_ air, train, and rental car casts shall be reimburserl 1.ri accordance with BLS
Code, of Federal 'Regulations (CFR) Part 31.205 -4 "Travel Costs." i I-ke bi.II in,g for
Direct 00 ll- 8 alary COStS shall Include an itemized listing oftlhe Charges directly
i denti fi, able with the PROTECT_ The CONSULTANT shall rn2 Ili tai n the original
sL[pporting douurnents in their office_ Copies of the original supporting docuror:nts
shad l be supplied to the AGENCY upon request. A I above charges must be necessary
for the services provided under this AGR:,EME TT,
4. T.ixed Fee' The- Fixed Fce, which represents the Mhl ULTANT'S profit, is Shown in
the heading of ihi: AG- RE,EMENT under Fixed Fee. This amount sloes not include amp+
gid- Etional fixed Fee; which could be authorized frorn the Mana -cment Reserve Fund.
This fee is ba.sed on the Scope of Work defined in this AGREEMENT and the
estimated person -hours required to perform the slated Scope of 1Vork, In the event the
CONSULTANT eFaarS into a supplementai AGREEMENT for additional work, the
sLIPPleinental A OREOE ENT rn$y include provisions for the ,indeed costs and an
appropriate acid itionaI fee. Thee Fixed Fee %.%'ill-be prorated and p-Lud inonthly in'
proportion to the percentage of work co>npleted by the CONSULTANT and report&d
in the fvloni'hly Pro mss Report accompanyiil- the billings. Any portion of the Fixed
Fee earned but ikot previously paid in tho progress payments wiII be covered in the
511al payment, subject to dire provisions of Section IX entitled "Tenn of
Agree37ment_°'
Management Reserve FLind- The AGENCY in ay desire to establish a Management
Reserve Fund to provide the Agreement Administrator vrrith the: flexibility to atrI:horizt
additional funds to the AGTREEMENT for a1 Iowa bIL urkfore!�een costs, or reimbursing
the CON ULTANT for add itiouA work beyond that already &Fineci in this
AGREEN]ENT. Such authorizations) shall be in uritij7¢ acrd shah not exceed the
lessee of S 100 000 or 10% of the Total Arnount Authori /red as sl mvii in the }reading of
this AGREEMENT- The a1TlQ1.11It 41cludecl fcji` the ManagemEnit Reserve f and rs shown
in the heading of thik.s AGREEMENT- This fund may not he replenished. Any changes
requiring additional costs in excess of the Managelxlent Reserve Fund shall be- made in
aGuordance. with &ectio,, CV, "Exam Work."
Maximurn Total Amount Payable: The Maximum 'total Amount Payable by the
AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the
amount shown in the heading of this AGREEM1ENT. 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 X V, "Extra Work. "'No minimum amount payable is
guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section III, "General Requirements"
ofthis AGREEMENT. The billings will be supported by an itemized listing for each item
including Direct Salary, Direct Npn- 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 CONSULTANNT
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 AGRiErME \'T, 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
AG- REEPI ENT. 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 AGENTCY
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 fbr 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
AGREEivITN -r and all items related to or bearing upon these records with the following exception:
if any litigation, claim or audit arising out. of, in connection with, or related to this contract is
initiated before the expiration of the three (3) year period, the cost records and accounts shall be
retained until such litigation, claim, or audit involving the records is completed.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled "Exhibit F / 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 AGREEMENIT, the CONSUL'TAN'T', for itself. its assignees, and successors in
interest arees as follows:
rp
1. Compliance with Regulations: The CONSULTANrT shall comply with the Regulations relative to
non - discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. ion- discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT,
shall not diserirninate 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 REGULATTONS.
Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under
a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or
supplier shall be notified by the CON'SULTANIT of the CONSULTAINT'S obligations under this
AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex,
or national origin.
Information and Reports: The CONSULTANT shall provide all information and reports required by.the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the
Federal Highway Administration (FITGVA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fai s or refuses to iiurnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FH \VA as appropriate, and shall set forth what efforts it: has
made to obtain the information.
Sanctions for Nan - compliance: In the event of the CONSUL.TANT'S non - compliance with the
non - discrimination provisions of this AGREEMEII Ff, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the F MVA may determine to be appropriate, including, but not limited to:
Withholding of payments to the CONSULTANT under the AGREEMENT T until the CONSULTANT
complies; and/or;
Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Force 140.069 EF CxhLbi; H
Rerised W05
•
r--I
LJ
Incorporation of Provisions: The CONSUITANT shalt include the provisions of paragraphs (1) through (5)
in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub - consultant or procurement as the AGENCY; STATE or 1:HNVA rnay direct as a means of
enforcing such provisions including sanctions for non - compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
•
Exhibit I
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
0
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 tennination is to the
total work required for the PROM- CT. In addition; the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment ;hall 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 teri-nination is
to the toga) 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 CONSULTAINIT 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 AGREEINE NIT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140-089 EI- £xfv"od I
Revised 6,165
•
Exhibit K
Consultant Claim Procedures
0
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's elairn(s) are a total of
S 1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director
of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total
S1,000 or less.
This exhibit Nvill outline the procedures to be followed by the consultant and the agency to consider a potential claim
by the consultant.
Step I — Consultant Files a Claim with the Agency Projcct h'lanager
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 rnust be completed is
the request for consideration of the claim to the Agency's project rnanager.
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, ovdrhead 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 rnanager. 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
FffWA is participating in the prgiect's fielding, 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 clairr► is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement, or
create a new agreement for the claim. Aftcr the request has been approved; the Agency shall write the
supplement and/or new agreement and pay the consultant the arnount of the clairr. 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 $40 -069 EF Exhibit K
Revised PV05
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultants claim, the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supp]ied by the consultant regarding the clairn;
• 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 front WSDOT Highways and Local Programs and
rHWA regarding; final settlement of the claim. If the claim.is not eligible for federal participation,
payment will need to be from agency fiends.
Step S — 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 finai 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 Claims)
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.
•
T hereby certify that I am
representative of the firm of
Exhibit M -1(a)
Certification Of Consultant
David J. K iewer
J -U -B ENGFNErRS, Tnc.
422 W. Riverside Ave. Suite 722, Spokane, WA 99201
firm I here represent has:
•
Project No.
Local Agency
and duly authorized
whose address is
and that neither 1 nor the above
(a) Employed or retained for a commission, percentage, brokerage; contingent fee, or other
consideration, any fuvn or person (other than a bona fide employee working solely fbr 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 CONSLJUfANI� any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to *the Washington State Department of
Transportation and the Federal kfghway 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 cruninal and civil.
� . -'�'/1 Z vas
Date
DOT Form 140 -089 EF EAi3hi114.1 (a)
Revised 5.%
I�Iu4de'�-w
Signature
0 0
Exhibit M -1(b)
Certification Of Agency Official
1 hereby certify that I am the AGENCY Official of the Local Agency of City of Spokane Valley ,
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENiT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except.as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Tnuuportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREE \ N'T involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
A hS
• Oate
DOT Form 140-089 EF Exhibit h9 -i(b)
Revised 6105
6a
Stgna ure
1.
fl.
•
Exhibit M -2
•
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters- Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment; declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency;
B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment
rendered against thern for commission or fraud or a criminal offense in connection with obtaining,
attempting to obtain, or perfornning a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statues or comnssion 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)(13). 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 the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Consultant (farm): J -U -B EINGIN:l3ERS, Inc.
2/ 7005 -
(DaEe)
DoT Form 140089 Ef E diibit M -2
ReN4sed 8405
), � wJ - i �'-
( rgnatur resident or Authorized Official of Consultant
Exhibit M -3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and subritting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,. to
any person for influencing or attempting to influence an officer or employee of any Federal agency, a
member of Congress; an officer or employee of Congress, or an employee of a member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the malting of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencvng 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 it material representation of fact upon which reliance was placed when this
transaction %N-as made or entered into. Submission of this certification is a prerequisite for malting 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 510,000 and not more
than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm): J -U -13 ENGINEERS, Inc.
A�av ?-// 2 vo,s
(Dale)
DOT Form 540 -089 EF E)diiWt M -3
Re-Ased sms
Sig®rresidengle'r Aut horizedOfficialofConsultant
ri1P ID R DATE (MMIDDNYYY)
ACORD CER ]PICATE OF LIABILITY INSURANCE EN -1 04/09/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
The Hartwell Corporation - Cal HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box
Caldwell ID 83606
Phone:208- 459 -1678 Fax:208- 454 -1114
INSURED
J -U -B Engineers, Inc.
250 S Beechwood Ave, Suite 201
Boise ID 83709
COVERAGES
INSURERS AFFORDING COVERAGE NAIC A
INSURER A. Fireman's Fund Ins Co
INSURER 8: Liberty Insurance (A XV)
INSURER C:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITK)NS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR' a POLICY NUNIBER PO POCKY EXPIRA LIMITS
LTR INSRD TYPB OF INSURANCE DATE MM IDDIYY DATE MPNDDIY
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
X
GENERAL LIABILITY
.
X COMMERCIALOENFRALLIABILITY
MZX80877308
08/01/07
08/01/08
EACH OCCURRENCE
$ 1,000,000
PREMISE�eocuronc�S100,000
�SA
P.1EO EXI' (An/ one per-son)
S 10,000
CLAIMS MADE FRI OCCUR
PERSONAL & ADV INJURY
$ 1,000,000
CQL C01MRAGN romp C00001
GENERALAGGRECATE
s 2,000,000
GENT, AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
S 2,000,000
POLICY X PRO JECT LOC
A
AUTOMOBILE LIABILITY
X ANY AUTO
MZX80877308
08/01/07
08/01/08
COMBINED SINGLE LIMIT
(Eaaa3dort)
S 1,000,000
BOO ILY INJURY
(Per person)
S
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Par accident)
S
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
S
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
$
ANY AUTO
S
R
AUTO ONLY: AGG
EXCESSIUMBRELLALIABILITY
EACH OCCURRENCE
5 4,000,000
AGGREGATE
s
A
X OCCUR IJ CLAM SAWDE
XAU89237135
08/01/07
08/01/08
S
s
DEDUCTIBLE
s
X RFTENTTON S10,000
WORKERS COMPENSATION AND
X TORY LIM TS ER
E.L. EACH ACCIDENT
$ 1000000
A
EMPLOYERS'UABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERRAEMBEREXCLUDED?
WZC80954260
08/01/07
08/01/08
I:.L. DISEASE -EA EMPLOYEE
$ 1000000
H yas, describe under
SPECIAL PROVISIONS bolOw•
E.L. DISEASE - POLICY LIMIT
$ 1000000
OTHER
B
Professional Liab.
AHE197131 -0108
04/02/08
I
04/02/09
I
Ea. Claim $7,000,000
$100,000 Deduct.
Ann. Agg. $7,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
City of Spokane Valley is additional insured as required by contract and as
provided by attached form CG7158 (12/03).
A r,1Tle'I /.ATC 1 ,11 -CC 1'amr -Fl 1 a l It 1N
SPOKA- 3
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Spokane valley
DATE THEREOF, THE ISSUING INSURER VALL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Christine Bainbridge
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
City Clerk
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
11707 E Sprague Ave, Suite 106
Spokane Valley WA 99206
REPRESENTAT
AyTgb-RWD REPR • RE ENTATp/E
ACORD 25 (2001108)
WMV VI�V 4. V,�f V1 \/'111V 1• IpVV
•
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)