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