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08-087.00 Budinger & Associates: Barker Bridge Replacement Geotech SvcsIndex of Exhibits Exhibit "A" -Scope of Work Exhibit "B" - DBE Participation Exhibit "C" - Electronic Exchange of Engineering and Other Data Exhibit "D" - Payment (by Agreement Type) Exhibit `B" - Consultant Fee Determination Exhibit' F" - Breakdown of Overhead Cost Exhibit "G" - Subcontract Work/Fee Determination Exhibit "H'— Title V1 Assurances Exhibit "I" — Payment Upon Termination of Agreement Exhibit "J" — Alleged Consultant Design Error Procedures Exhibit "K'— Consultant Claim Procedures 4l l Cmvrt s�fr T ' k'lifv rn „ron T «,...,...on 14 JA , W Exhibit "NfI — Certification Documents This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.55.550. THIS AGREEMENT, made and entered into this day of u.1 5�=� between the Local Agency of City of Spokane Valley , Washington, h inafter called the -AGENCY", and the above organization hereinafter called the "CONSULTANT ". DOT Fang 140.989 EF Revised 6105 Page 9 of 8 C98 -87 Consulfant/Addressfrelephone Local Agency Budinger & Associates, Inc. Standard Consultant 1101 NFancherRoad Spokane Valley, WA 99212 Agreement ® Architectural/Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description 08 -022 Barker Road Bridge Replacement Project: Provide geotechnicaI and materials testing services Federal Aid Number during construction, per Budinger & Associates June BRM 4123 (004) 18, 2008 proposal letter Agreement Type (Choose one) ❑ Lump Sum Lump'Sum Amount $ DBE Participation ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % ❑ Yes ® No % Federal ID Number or Socla�SpGurityAluplb_ar 1-�t�CuU/H�(l�� Overhead Cost Method ❑ Actual Cost Do you require a 9089 for IRS? Cornpletlon Date ❑ Actual Cost Not To Exceed % N Yes ❑ No May 1, 2010 ❑ Fixed Rate % Fixed Fee $ Total Amount Authorized $ 39,970.00 ® Specific Rates Of Pay ® Negotiated Hourly Rate Management Reserve Fund $ 3,997.00 ❑ Provisional Hourly Rate Maximum Amount Payable $ 43,967.00 ❑ Cost Per Unit of Work Index of Exhibits Exhibit "A" -Scope of Work Exhibit "B" - DBE Participation Exhibit "C" - Electronic Exchange of Engineering and Other Data Exhibit "D" - Payment (by Agreement Type) Exhibit `B" - Consultant Fee Determination Exhibit' F" - Breakdown of Overhead Cost Exhibit "G" - Subcontract Work/Fee Determination Exhibit "H'— Title V1 Assurances Exhibit "I" — Payment Upon Termination of Agreement Exhibit "J" — Alleged Consultant Design Error Procedures Exhibit "K'— Consultant Claim Procedures 4l l Cmvrt s�fr T ' k'lifv rn „ron T «,...,...on 14 JA , W Exhibit "NfI — Certification Documents This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.55.550. THIS AGREEMENT, made and entered into this day of u.1 5�=� between the Local Agency of City of Spokane Valley , Washington, h inafter called the -AGENCY", and the above organization hereinafter called the "CONSULTANT ". DOT Fang 140.989 EF Revised 6105 Page 9 of 8 C98 -87 WITNESSETH THAT: WHCREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to tweet the required commitment and therefore deems it advisable and desirable to engage the assistance of CONSULTANT to provide the necessary services for the PROJECT; and W CAE•AS, the CONSULTANT represents that he /shc is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to fiurnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein cofitted and necessary to accomplish the completed work for this PROTECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere fit this AGRFENIENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in J?xhibit ".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 AGREHIMMNT 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 CONSIJI;;I'A'NIT shall prepare a monthly progress report, in it form approved by the AGENCY, which will outline in written and graphical form the various plisses and the order of performance ofthe work in sufficient detail so that the progress of the work can easily be evaluated. The CONS'OL TAA'T, and each SUBCONSUiA'ANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSUI;. rANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration ofUSDOT- assisted contracts. Failure by the CONSiJ.LTANT to carry out these requirements is a material breach of this AGREEMENT that tunny result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Wornen Business Enterprises (WBE), shall be shown on the heading of this AGR£EKHNT. If D/iNV/ VBE firms are utilized, the arnounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference inade a part of this AGREEMENT If the Prime CONSUU NT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatoryD13B participation goals of the AGRT, M NI T are those established by the'VISDOVS 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 fifes, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination ofthis AGREEMENT are instruments ofserviee for this PROJECT, and are the property of (lie 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 PROJECTT', 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 AGRl31 k'vM'N`T until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANNrT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONS ULTALN'f shall be paid by the AGENCY for completed Nvork and services rendered under this AGREEMENT as provided in ..Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CIR 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 an the cost factors shown on Exhibit "G." The work of the sub- consultant shall not exceed its maximum amount payable unless a prior "witten 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 AGRL'EMFNT. With respect to sub - consultant payment, the CONSULTANT shall comply with all Fpplicable sections ofthe Prompt Payment lases as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance ofany work under this AGRF.4MENT 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 DRR certified sub - consultant is required to perform a minimum amount oftheir sub - contracted agreement that is established by the WSDOT Highways and Loeal Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained anycompany or person, other than n 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 AGLTNjCY shall have the right to annul this AGRREMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the fill amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other p.-rsons while engaged in the performance of any work or services required ofthe 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 Work-men's Ccrnpensation 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 ofany tut. or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obliged ion and responsibility of the CONSULTANT. The CONS UL'I.'ANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or te: hn ical personnel who arc, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or this STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Ago D iscrimination Act of 1975 (42 USC Chapter 76 Section 6101 etseq.) Civil Rights Restoration Act. of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 121.01 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCAF 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "11" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Nxhibit "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 tho AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTAINIT, In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in BxlMbit "P for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by time CONSULTA�tT of the Notice to Terminate. -if the. accumulated payment made to tho CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY' for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which Nvas satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGEelCY 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 CONS UL'MOT 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 CONSUE CANT hereby agree to complete the work under the terms of this AGREEMENT, ifrcquested to do so by the AGENCY. This subsection shall not boa bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses, in the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to teroninato this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. payment for any part of the work by the AGENCY shall not constitute a «-giver by the AGENCY of any remedies of any type it may havo against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work Tile CONSULTANT shall make such changes and revisions in the complete work of this AGRI17NIENT as necessary to correct errors appearing therei», when required to do so by the AGENCY, without additional compensation thereof Should the AGENCY find it desirable for its civil 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 herehi provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSOIXANT and the AGENCY shall be referred for determination to the Director of Public \Yorks or AGEWC:Y Engineer, whose decision in tlue matter shall be final and binding on the parties of this AGREEMENT; provided, however, flint 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 anysuch action shall be initiated in the Superior court of the State of Washington, situated ht 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 due AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall eomptysvitlt 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 bold 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 v.-hole 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 wilt respect to (l) 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 CONSU "IXANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply %vith all applicable sections of dne applicable Ethics laws, including RCW 42,23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULT' -NL T specifically assumes potential liability for actions brought by the CONSUL'TANT'S own employees agaunst 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 RCN. 1)nless otherwise specified in the AGREEMENT, ilia AGENCY shalt be responsible for administration of construction contracts, if any, en the PROJECT, Subject to the processing of 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 ally construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in torte during the terms of the AGREEMlNT, or as otherwise required, the following insurance with compannies or through sources approved by the State hisurance 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 (52,000,000) 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 (a 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 AGREWNTENT. 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. Tine CONSULTANI' 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 widnout thirty (3 0) days }prior notice to the AGENCY. The CONSULTANT'S professional liabilityto the AGENCY shall be limited to the amount payable under this AGREE14ENT or one million ($1,000,000) dollars, whichever is the greater, unless modified byExhibit' f.". In no case shall the CONSULTANT'S professional liability to third parties be limited in tiny way. Page 6 of 8 The AGENCY will pay tic progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not "elusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMt N'T, or othervise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope ofthe AG1tEHMENT in the services to be performed. 8. Tfany such change causes an increase or decrease in the estimated cost of, or tine time required for, performance of any part of the work tinder t:lis AGREEMENT, whether or riot changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, tile AGENCY shall make en equitable adjustment in the (1) maximtum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEI EMIT accordingly. C. The CONSULTANI' 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 wyrittert order. However, if thu AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLALM 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 die CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwvithstendirng Ole terms and conditions of paragraphs (A) and (13) above; the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CO\TSUL'LANT and the AGENCY, ExWbh " ►fit -2" Certification Regarding Debarment, Suspension and- Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions ofthe Use of Federal Funds for Lobbying and Exhibit "MA" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over S 100,000 and Exhibit "M -4" is required only in AGRE1,31fENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of Ether party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications ofthe terms hereof shall be va!id unless reduced to uTiting and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each ofwhich shall be deemed to be an original having identical legal effect. The CON?SUITANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by file CONSUI 7'ANIT, and does hereby accept the AGRERN4ENT and agrees to all of tho terns and eondilicns thereof. Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown In the "Execution Date" box on page one (1) of this AGREEMENT. By 13Y , Consu Hu anger & Associates, Inc. Agency City of Spokane Valley Ul DOT Form 140.088 EF Page 8 of 8 Revtaod 8d05 Exhibit A -1 Scope of Work Project No. BRM4123 (004) Eartlirork Tests_-- 1?r_octor, sieve analysis, sand equi�talc�tt,Aac,turod_f ac e Rei�ifarce.d_C�trrcie ' isests�canapressta�e�trea ,gth_specimests AsphalLCancrete_Payement_ Rice,ail_conteni,.gradation, iaWinetiics, -s$nd_e_qui_valent, f actured- face._ Structural (ir: outer- -cnmpressiye_stcength-,pcciI'-' ens Aj%4'anagccmnt.ReserueJ uimjd_(MRr,) rausisting nt' 1Q% .nf_thesotales,ttount_autharized iq incht-ded.in- this contract. The,Cansultant shall Lnot.da xN-orkiequiring-use_o£tlIe_NIRF Adbout_prior- written— aiuhorizatioatfronuil e_Ci ty..__ Documents To Be Furnished By The Consultant Results_oftestumd in%vec( ions _on.a_sieaUy -basis,_other_s_at th enc_y's-rcclucst. DOT Farm 140 Oe9 EF E)htblt A•1 ReAsed 05 Exhibit D -3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to al I applicable portions of 48 CFR Part 31. .Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "R" and "F" attached hereto and by this reference made part of this AGREEMMY. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AOLINCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorizations) from the AGIENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSUI: PANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non -Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may urclude, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Subconsultant costs will include a Sub - Consultant Oversight mark -up, of 4% as allowed in amordance with 48 CPR. 31.2 Subconsultant costs including Oversight Markup must be itemized on the Subconsultant Fee Determination - Summary sheet attached as Exhibit 0-1. b. Air or trail (Tavel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the. rules and regulations regarding; travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CF,l .Part 31.205 -46 "Travel Costs." c. The billing for Direct Non - Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT, d, Vie CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. c. All above charges must be necessary for the services provided under this AGR1E R NIENT. DOT Fomt 540.069 EF EAW 0.3 RGMsad 07 3. Management Reserve Fund: The AGENCY may desu•e 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 headu. ig of this AGREEMENT. The amount included for the Management Reserve Fund is shown itt the heading of this AGREEMENT, This fund may not be replenished. Any changes requiring additional costs in excess of the :Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." Maximum 'Cotal 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 AGR1✓ERNM-TNIT. 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.5. Monthly Progress payments: Progress payments may be chaimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed staterttents for hours expended at the rates established in Exhibit "E ", including names and classifications of all employees, and billings for all direct non- salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. "These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGIdNCY after the completion of the work under this AGREE',eI NT, 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 purque, 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 fine] 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 CONTSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AORNTCY, STATF and the United States, for a period of three (3) years after receipt of faun] 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 conh•aet is in itiated 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, Exhibit E -2 Consultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Hourly Overhead Profit Rate Discipline or Job Title o per Hour Rate @ - % @ /o See fee schedule on. page 4 of attached proposal DOT form 140 -08-9 EF Exhibh E -2 Refsed ero5 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 G Subcontracted Work The AGENCY permits subcontracts for the following portions of the wurk of this AG:l2HrME.NT: Mono.-- - DOT Fors I?.&OB9 EE EzMbit a Revlsed M5 Exhibit H Title VI Assurances During the performance of this AGItEEIvfENT, the CONSULTANT, for itself, its assignees, Find successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANNT shall comply with the Regulations relative to non- discrirnu)ation in federally assisted programs of the AGENCY, Title 49, Cade of Federal Regulations, Part 21, as they may be amended horn time to time (hereinafter referred to as the ".REGULATIONS "), which are herein incorporated by rcfcren.ee and made a part of this AGREEMENT. 2. \Ton - discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Scetion 21.5 of the REGUt,,A,rIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the RI?GULATJON'S. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: in all solicitations either by competitive bidding or negotiations made by the CONSULTANTT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEVD?NT and the REGULATIONS relative to non- discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports regtdred by the REGULAVONS or directives issued pursuant thereto, and shall pernnit 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 (FFTWA) to be pertinent to ascertain compliance with such REGULA'11ONS, orders and instructions. Where; any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to fin - nish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non- compliance: In the event of the CONSULTANTS non - compliance with the non - discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the 11H VA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT tinder the AGREEMENT until the CONSULTANiT complies, and /or; Cancellation, termination, or suspension of the AGl'tEEWN'T, in whole or in part DOT Form 140 -089 EF Exhdbft FI ReA30 MS 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) dirough (5) bi every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSUUrAINT shall take such action with respect to any sub - consultant or procurement as the AGENTCY, S'rA TL or FHWA may direct as a means of enforcing such provisions including sanctions for non- complitmee. 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. i 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. hi 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 CONSU'L'TANT 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 CONSUI, J'ANT for actual hours charged at the time of termination of this AGREEMENT plus any direct n.onsalaiy 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 AGIWVN4ENT. DOT Form 140.089 EF [.x?t I I Rovised W05 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 Desitni Error(s) is Identified by Agency's Project Manager At tite first indication of potential consultant design crror(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Virorks or Agency Engineer may appoint an agency staff' person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally requiu-ed 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 m;mager to contact the consultant regarding the alleged design error(s) and (lie 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 en-or(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 thrcc 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 crror(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 agcney .for the services on the project in which the design error took place. The agency is to provide IIRLI', through the Region DOT form 140-M EF ExNblt J RovIsed 6105 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design errors) issue be forwarded to the Director ofPublic 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 MLP for their review and consultation with the lr1:TtVA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &L-P will request assistance* from the Attorney General's Office for legal. interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. if mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H &LP, in consultation with FFMIA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purposo of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The Gist step that must be completed is the request for consideration of the claim to the Agency's protect manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Tirneframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed stop 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review tine consultant's claim and will met with the Director of Public Works or Agency k?ngEnccr to deterrnir:e if the Agency agrees with the elaun. if the FYWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation it, the claim to the WS.DOT Highways and Local Programs through the Region Local Programs engineer. Tf the claim is not eligible for federal participation, payment will need to be from agency funds. If tine Agency project manager, Director ofPublic'Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHR'A (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 it new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. OOf Form 140 -089 EF FAIbit K ReMsed 0105 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the, consultant's claim, the project manager shalt 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 I.he 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 fixture 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 D fcctor 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 Conunission approval (as appropriate to agency dispute resolution procedures). if the project involves federal participation, obtain concurrence from WSDO'I Highways and Local. Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall noti6, (inn writing) the consultant of their final decision mgarding the consultant's clatm(s). Include the final dollar amount of the accepted claims) and rationale utilized for the decision. Step G — Preparation of Supplement or New Agreement for the Consultant's Claitn(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. inform the consultant that the Final payment for the agreement is subject to audit. Exhibit M -1(a) Certification Of Consultant Project No. BRIM4123 (004) Local Agency 0 8-022 I hereby certify that I am and duly authorized representative of the firm of Budinger & Associates, Ina whose address is 1101 North Fancher Road, Spokane Valley, WA 99212 and that neither I nor the above firm I here represent has: - (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSIJLTANT) 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 AGRE I MENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Bighway 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. adtte` DOT Farm 140 -089 EF E)NVIPd -1(e) Re -Ased 6105 gulure Exhibit M -1(b) certification Of Agency Official I hereby certify that am the AGENCY Official of.1ha focal Agenoyof City of Spokane -Valley WasliLigton, and that the ci�nsultingfTm or its representativeims not been required, directly or indirectly rrs an express or i nip] ied condition ill conncc# ion with obtaining or can)ritr4 out this A EBN rl\'T to: (a) Employ or retain, or agree to empJOy to retain, any firth or person; or (b) Pity, or agrsu to pay, to any flan, }person, or organization, any fte, contribution, donation, or consideration of any kind; except as here by. expressly stated (if zi ty)' I acknuwlk;dge that this eettificate is to bo available to the Washington State Department. of Transp orfation and the Foderel Highway Administation, U.S. Department of Tvir nsportation, it) coTmntion with this AGREEMENT jnvolvi4 pe10ipation 0Med era l -aid highway frinds, and is subject to appiiaable Mate and Federal Imys, both criminal and civil. date DOT Farm 140.089 EF E hIbIt M -V{ ) RaVleod #NS Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 1. 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 federat department. or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with conunission of any of the offenses enumerated in puragraph (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. I.I. Where the prospective primat), 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): Budinger & Associates, Inc, 7%r ,r 1 -� (Date) DOT Form 140 -089 EF Exhibit M -2 Reused 6105 gnati Pre eni or Authorized Official of Consultant THIS AGREEMENT, made and entered into this � _day of ,� , aad beoieen the Local Agency of City of Spokane Valley ,Washington, he l ed the "AGENCY" , and the above organization hereinafter called the "CONSULTANT'. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT By Cons nt inger & Associates, bic. By Consultant DOT Form 140-069 EF Appeadbc 31,910 ReviSDd M6 LOCAL AGENCY By Agency City of Spokane Valley By Agency By Agency By Agency ConsultantJAddressrrelephone Supplemental Signature Budinger & Associates, Inc. Page for 1101 N Fancher Road Standard Consultant Spokane Valley, WA 99212 Agreement Agreement number Project Title And Work Description 08 -022 Barker Road Bridge Replacement Project; Provide geotechnical and materials testing Federal Aid Number BRM 4123 (004) services during construction, per Budinger & Associates June 18; 2008 proposal letter Local Agency City of Spokane Valley THIS AGREEMENT, made and entered into this � _day of ,� , aad beoieen the Local Agency of City of Spokane Valley ,Washington, he l ed the "AGENCY" , and the above organization hereinafter called the "CONSULTANT'. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT By Cons nt inger & Associates, bic. By Consultant DOT Form 140-069 EF Appeadbc 31,910 ReviSDd M6 LOCAL AGENCY By Agency City of Spokane Valley By Agency By Agency By Agency Exhibit M -4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAX) and required under FAIL subsection 15.403.4) submitted, either actually or by specific identification in writing.. to the contracting off jeer or to the contracting officer's representative in support of are accurate, complete, and current as of 60. This certification includes the cost or pricing data supporting any advance agreenrentss and forward pricing rate agreements between the offeror and the Government that are part of the proposal. pirro Budinger & Associates, Inc. Name Bud inger &associates, Inc. JQ �+ h-iH...e 5-+- Title I tA-4 Date of Execution"* _:�11SJU'r * ldentify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP i`To.). Insert the day, month, and year when price negotiations were concluded and price agreement was reached. Insert the day, month, and year of sig-ning, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140 -088 EF Ew*k PA -4 Reused W05 ACORD CERTIFICATE OF LIABILITY INSURANCE oiii jz 081 PRODUCER (509)325 -3024 FAX (509)325 -1803 Moloney, O'Neill, Corkery & ]ones, Inc. 1206 N Lincoln, Suite #200 Spokane, WA 99201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC # INSURED Budinger & Associates Inc 1101 North Fancher Spokane, WA 99212 • INSURERA: Continental Western Group A INSURER 8: GENERAL LIABILITY X COMMERCIAL GENERAL L ABIIrry _ CLAIMS A1AAE OCCUR INSURER C: 08/06/2007 INSURER D: EACH OCCURRENCE INSURER E: DAMAGE TO RENTED mrrn ) PRFf.11S -A I n orc u CnVFRAr,FS THE POLICIES OF WSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NADAED 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 AFFOROEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMIS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLARAS. INSR OD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE EXPIRATION PEATFLAnknnuXi LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL L ABIIrry _ CLAIMS A1AAE OCCUR CWP270326921 08/06/2007 08/06/2008 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED mrrn ) PRFf.11S -A I n orc u r S 100,000 MED EXP (Any or* person) € 5,000 PERSONAL a A.DV INJURY € 1,000,000 GENERAL AGGREGATE S 2,000,000 GENL AGGPEGATE LIMIT APPIJES PER; POLICY X PRO- LOC JECT PROOUCTS . COMP)OP AGO S 2,000,000 A X AUT014081LELIA61LITY ANY AUTO ALL UNNEO AUTOS SCHEDULED AUTOS KIRED A.0 0S IMR -OWNED AUTOS CUIP270326921 08/06/2007 08/06/2008 COMBINED SINGLE LIMIT IE8 accident) S 1 , 000 , 000 BODILY INJURY (Par person) S X X BODILY INJURY (Peraoddent) T X PROPERLY DAMAGE (Per aodoenl) S I GARAGE UASILITY R ANY AUTO AUTO ONLY - EA ACCIDENT € OTHER THAN U. ACC AUTOONLY. AGG € € EXCESSN149RELLA LIABILITY OCCUR D OLAINSMADE DEDUCTIBLE RETENTION € EACH OCCURRENCE € AGGREGATE S S € € A WORKERS COMPENSATION AND EMPLOYERS' (LABILITY ANY PROPRIETOWPARTNER(EXECUTWE OFFICEMM- EIJBER EXCLUDED? U yea, describe under SPECIAL PROVISIONS below CWP270326921 WASHINGTON STOP GAP 08/06/2007 08/06/2008 wC STATU- OTH- — :IJx1UMIIS. _ –EB- E.L. EACH AGGICENS S 1,000,000 E.L. OISEASE - FA EMPLOYEE S 1.000,000 E.L. DISEASE - POLICYLIM.9 S 1,000,000 OTHER DESCRIPTION OF OPERATIONS' LCICATIONS f VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT) SPECIAL PROVISIONS E: Barker Road Bridge Replacement Project, #08 -022 City of Spokane Valley is included as an Additional Insured, as granted by the policy, with respects Nork performed by the Named Insured on above noted project. r1= RTICICATP Wn1 rIFR CANCFLLATInN ACORD 25 (2001108) OACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Spokane Valley BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 11707 E. Sprague OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATNE Spokane Valley, WA 99206 Mike Molone RST ACORD 25 (2001108) OACORD CORPORATION 1988 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 negafively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 113 01=0 Budinger &Associates Ken Knutson City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 PROJECT: SUBJECT: Dear Mr. Knutson, 1101 Norih Fancher Road Spokane Valley, VVA 99212 Tel: 509.535.8841 Fax. 509.535.9589 June 18, 2008 Proposal Number 137M8 Barker Road Bridge Replacement Spokane Valley, WA Proposal to Provide Construction Materials Testing Thank you for the opportunity to offer the following proposal for construction materials testing services for the proposed Barker Road Bridge Replacement project. We are eager to assist you in assuring a quality constriction project. This work is intended to meet City Spokane Valley Standards for Road Construction. PERSONNEL We propose to assign qualified Professional Engineers and engineering technicians as necessary to provide the required services on this project. The project engineer will be John Finnegan, PE. Project management will be provided by our Construction Services Manager; Kyle Sanford. As necessary, he will be assisted by Steve Wilson, Thomas Black, EiT and Ray De La Cruz. Laboratory testing will be performed and supervised by our Laboratory Manager, Terri Ballard. PRO.IECT We understand the project involves the complete construction of a new bridge for Barker Road over the Spokane River in the City of Spokane Valley. The new bridge will be constricted of a cast in place concrete apron over pre - stressed concrete girders founded on drilled concrete shafts. SCOPE We anticipate the following scope of work. Earlhivork. A soils technician will visit the site to examine utility excavations and subgrades. Field density tests (compaction) will be performed by nuclear methods on subgrades, each lift of fill or back-fill placed in paving areas, crushed surfacing, and over site utilities. Samples of onsite and borrow soils will be taken and laboratory tests will be conducted to determine suitability and maximum density /optimum moisture. Reinforcer! Concrete. A Concrete Inspector will be present to perform concrete placement inspections, conduct slump and air entrainment tests, and cast compressive strength specimens during structural concrete placements. If needed, we can also perform precast plant testing and inspection during construction of the girders. Samples will be collected the following day and returned to the laboratory for curing until test age. Testing and specimen molding during miscellaneous concrete placements (slabs on grade, sidewalks, curbs, etc.) may also be conducted at the discretion of the client. Asphalt Concrete Pavement. An asphalt concrete technician will be present during paving to sample pavement, perform compaction testing, and monitor paving operations. Samples of ACP will be tested in our laboratory for asphalt content; sieve analysis, volumetrics, and theoretical maximum specific gravity. Geoteehnical & Environmental Engineers Construction Materials Testing c4 Inspection 13M8 Barker Road Bridge Replacement- Proposal We ask that we be notified of the need for our services the day before activities requiring our attention. We understand that this scheduling is often complicated and will be as flexible as possible. Typed reports detailing the results of tests and inspections will be processed and mailed on a weekly basis to our client and others at our client`s request. COST We have developed a Cost Estimate for our services on this project. Our involvement is highly dependent on contractor performance and scheduling, factors which are beyond our control. This estimate is an approximation to be used for planning purposes based on our experience with similar projects. We may prepare a more accurate estimate once the construction schedule is established. In either case, we will not exceed the estimated cost without your prior authorization. Your signature below constitutes acceptance of this proposal and our General Terns & Conditions (see attached). Invoices would reflect actual time and materials multiplied by the rates detailed. We will make every effort to reduce costs by coordinating scheduling with the contractor if we are able. Thank you again for the opportunity to submit this proposal. We look forward to working with you on this project. Please contact us if you have any questions or require additional information. Respectfully Submitted, BUDINGER & ASSOCIATES, INC. Accepted By: .Kyle L. Sanford Construction Services Manager Signature [late. KLSA,h Addressee — 2 Attachments: • Cost Estimate • General Terms & Conditions Budinger & Associates, Inc. 2 C,eotechnical & Environmental Engineers Constntetion Materials Testing & Inspection DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Unit Cost for Materials Testing and Sampling Services" contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Cost Estimate (Subconsultant Fee Determination Summary Sheet)" contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Client #: 83101 BUDINGER ACORD,. CERTIFICATE OF LIABILITY INSURANCE ' DD' NSR 08/04/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Payne Financial Group; Inc. Courtyard Office Center y ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 827 W. First Avenue, Suite 225 GENERAL LIABILITY MERCIAL GEN ERAL LIABILITY CLAIMS MADE a OCCUR Spokane, WA 99201 INSURERS AFFORDING COVERAGE NAIC # INSURED Budinger & Associates, Inc 1101 N Fancher Rd Spokane Valley, WA 99212 INSURERA: Continental Western DAMMI ES (E. INSURER B: MED EXP (Any one person) INSURER C: $1 000 000 INSURER D: TGEN'L INSURER E: $2 000 000 GREGATE LIMIT APPLIES PER: ICY X JPECOT LOC COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD/YY POLICY EXPIRATION DATE MM / DD LIMITS • GENERAL LIABILITY MERCIAL GEN ERAL LIABILITY CLAIMS MADE a OCCUR CWP277729324 08/06/10 08/06/11 EACH OCCURRENCE $1,000,000 DAMMI ES (E. $300 000 $10 000 MED EXP (Any one person) PERSONAL & ADV INJURY $1 000 000 TGEN'L GENERAL AGGREGATE $2 000 000 GREGATE LIMIT APPLIES PER: ICY X JPECOT LOC PRODUCTS - COMP /OP AGG $2 000 000 • AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CWP277729324 08/06/10 08/06/11 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS /UMBRELLA LIABILITY OCCUR FI CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below CWP277729324 WA Stop Gap 08/06/10 08/06/11 WC STATU - O R E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Barker Road Bridge Replacement Project, #08 -022 City of Spokane Valley is included as an Additional Insured, as granted by the policy, with respects work performed by the Named Insured on above noted project. CERTI City of Spokane Valley 11707 E Sprague, Ste 106 Spokane Valley, WA 99206 ACORD 25 (2001/08) 1 of 2 #S537750/M537736 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ';()_ DAYS WRITTEN E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL iE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR TIVES. REPRESENTATIVE A1C O AGUKU (;UKNUKAI IUN 1=5 C.,--)B—co8 7