Loading...
13-050.00 Strata: Mansfield Connection" r,X11101L 15-1 U15r, V L111LULIM %- CIL111UdL1011 ❑ Exhibit C Electronic Exchange of Data ❑ Exhibit D -1 Payment - Lump Sum ❑ Exhibit D -2 Payment - Cost Plus ® Exhibit D -3 Payment - Hourly Rate ❑ Exhibit D -4 Payment - Provisional ❑ Exhibit E -1 Fee - Lump/Fixed/Unit ® Exhibit E -2 Fee - Specific Rates ® Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ® Exhibit G -1 Subconsultant Fee :ment to 31, 2013 4,500.00 1,450.00 5,950.00 LCA LA111U1L 1-1 11L1G V 1 C1JJU1 Qllt/V,3 ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase ® Exhibit M -la Consultant Certification ® Exhibit M -lb Agency Official Certification ® Exhibit M -2 Certification - Primary ❑ Exhibit M -3 Lobbying Certification ❑ Exhibit M -4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this day of , between the Local Agency of City of Spokane V lley , Wash4ngton, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Revised 3/2008 Page 1 of 8 Co13 -o60 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, 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 defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. 11 Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M(WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, 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 of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the 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 CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non - salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub- contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the 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 obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. Vill 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) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. 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 hi Exhibit I' for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the 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 was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "K ". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations Tile CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCN. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fitlly complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse die CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $ 100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by tine parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions 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 gY Consultant Strata Agency City of Spokane Valley DOT Forth 140.089 EF Page 8 of 8 Revised 312008 9 s 01- FR a-rra A PROFESSIONAL SERVICES CORPORATION �ni-c�ri�' Frrnu -#-lrc E7round U� ✓ March 18, 2013 File: SPP13038 Mr. Pete Fisch Project Engineer City of Spokane Valley Public Works Department 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 RE: EXHIBIT A -1 — SCOPE OF WORK Geotechnical Services Mansfield Connection Project Mansfield Avenue and Pines Road Spokane Valley, Washington Dear Mr. Fisch: Strata, A Professional Services Corporation (STRATA) appreciates the opportunity to continue our working relationship with the City of Spokane Valley (City) and provide this revised proposal to perform geotechnical services for the proposed Mansfield Connection project in Spokane Valley, Washington. We revised this proposal based on City review and scope adjustments arising from recent stormwater testing the City conducted on -site. STRATA proposes to provide our services to explore subsurface soil, accomplish geotechnical analyses and provide recommendations to assist project planning and design. The following paragraphs describe our project approach, project understanding, service scope, and estimated schedule and fees. PROJECT UNDERSTANDING Proposed Construction The project comprises reconstructing Mansfield Avenue from the concrete intersection with Pines Road, east to Houk Road where a connection is planned through an existing private residential property to connect with the existing 3 -lane Mansfield Avenue. We understand the City is currently in the process of acquiring the residential property to accommodate the project. The roadway will be constructed using a fully reconstructed pavement section consisting of asphalt concrete pavement (ACP) and crushed surfacing top course and stormwater improvements are planned for the project. The roadway section will include a bike lane and sidewalks on both the north and south sides to match the existing Mansfield construction located east of the residence. We understand the City will reference our recommendations for stormwater disposal and asphalt pavement section to help develop their construction documents. Final site grades are expected to remain primarily unchanged from the existing grades with the exception of the area where the existing residence will be demolished. Up to 4 feet of fill will likely be placed in this area to achieve site grades. Stormwater disposal improvements for the project include 2 stormwater swales; one located southwest of the intersection of Mansfield and Houk and one located north of the existing residence. Each swale will likely include a drywell for subsurface stormwater disposal. Stormwater systems will be designed in accordance with the Spokane Regional Stormwater Manual (SRSM). IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageotech.com 10020 E. Knox Ave. Ste. 200 Spokane, Washington 99206 P. 509.891.1904 F.509.891.2012 Revised Proposal — Geotechnical Services Mansfield Connector Project File: SPP13038 Page 2 Existing Site Conditions and Anticipated Subsurface Conditions Mansfield Avenue is a two -way street with 2 traffic lanes and no traffic striping east of the newly constructed Pines intersection. The roadway currently traverses east from Pines and turns south at the residential property being acquired. East of the residential property, Mansfield continues east as a 2 -way street with center turn lane. The existing roadway section is surfaced with ACP and bituminous surface treatment of unknown thickness. STRATA observed bedrock outcrops and evidence of large boulders and gravel soil in the project's immediate vicinity. This area of the Spokane Valley is characterized by typical "Spokane Valley" gravel and due to its proximity to the hills north of the site, there is the potential to encounter relatively shallow bedrock. Furthermore, gravels deposited at the valley's periphery, such as near the site, have the potential to contain large boulders and coarse gravel and cobbles. Each of these geologic conditions could result in exploration difficulties and /or refusal. While hollow -stem auger (HSA) exploration is preferred due to its ability to economically gather subsurface samples, HSA exploration may be refused due to bedrock and /or boulders. An alternative to HSA exploration is air rotary exploration, which can penetrate bedrock and boulders. STRATA outlined exploration limitations and provided two subsurface exploration options in our March 1, 2013 proposal, and we understand, after reviewing prior utility cuts and excavations on -site, the City requested subsurface exploration be conducted with the HSA method. This revised proposal assumes subsurface exploration will be performed with the HSA method. PROJECT APPROACH We propose to explore the site using a series of borings to evaluate the subsurface conditions and to obtain soil samples. We intend to explore the site after morning traffic, but before the late afternoon commute (9 am to 3 pm). STRATA will subcontract certified traffic control services and will submit a traffic control plan for City review. You requested STRATA accomplish 5 exploratory borings at the project site. We understand however, exploration cannot occur in the residence area until the private residence is acquired. Due to funding processes, design must progress concurrently with property acquisition and final geotechnical information is necessary to allow for design to progress as a parallel path. Therefore, you requested STRATA advance accessible exploration locations immediately (4 of the 5 locations) to provide design recommendations and a final report. Following property acquisition, we will supplement our report with additional exploration (1 additional location) and issue a revised report or addendum. Therefore, we propose to accomplish our services as 2 primary tasks: Task 1: Geotechnical Engineering Evaluation — This task will include accomplishing 4 borings to a depth of approximately 6.5 feet to gather pavement subgrade support information. We will accomplish laboratory testing including 1 subgrade resilient modulus test and accomplish ACP design to provide recommendations for an asphalt pavement section via a written report. Task 2: Additional Exploration — Upon direction from the City, STRATA will remobilize our staff and drilling subcontractor to accomplish 1 additional exploration near the proposed stormwater swale north of the residence to a depth of 20 feet to supplement our Task 1 data. STRATA will provide a report addendum including the additional exploration information and stormwater disposal recommendations for the project. STRATA's pavement design approach will include working closely with the City during design to discuss pavement input parameters and we intend on performing analyses using AASHTO design methodology and a software program called DarWIN. We understand the City will provide equivalent #0 www.stratageotech.com Revised Proposal — Geotechnical Services Mansfield Connector Project File: SPP13038 Page 3 single -axle loads (ESALs) and desired pavement section design criteria. Our report will outline the design input parameters we used and summarize our pavement section design findings and earthwork recommendations. SCOPE OF SERVICE To develop this scope of service, we discussed the project with you, performed a site visit and reviewed our prior services in the project area. Referencing the above project understanding and approach, we propose the following scope of service: Task 1 — Geotechnical Engineering Evaluation 1. STRATA will visit the site to establish exploration locations in areas acceptable to the City and also to paint the proposed locations prior to utility locating. STRATA will contact a regional utility notification service ( "One - Call ") prior to exploration for utilities within 50 feet of proposed boring locations. STRATA cannot be responsible for damage or repair to improperly marked utilities. Due to the potential for inclement weather, snow may mask utility markings and require a flexible exploration schedule in the event utility marks are not visible. 2. STRATA will subcontract certified traffic control to divert and direct traffic during our work. STRATA' subcontractor will provide signage, cones and flaggers during drilling and patching activities that occur within the roadway. At least 5 business days prior to exploration, we will provide a traffic control plan for City review and approval. We respectfully request the City provide traffic control plan comments and approval at least 2 days prior to exploration. We assume no City access permits are required for exploration. STRATA will subcontract to advance 4 exploratory borings in locations as shown on your proposed exploration plan provided February 21, 2013. Minor location alterations may occur and we will meet on site to discuss these with you prior to marking locations in the field for utility locating. We will advance 4 borings to a depth of 6.5 feet below the existing pavement. We will cut asphalt to a larger dimension than the augers to prevent asphalt lifting from subsurface cobbles. Select soil samples will be obtained. Borings will be backfilled using granular soil and tamped using the drill augers and /or hand equipment. We will remove excess cuttings from the site and sweep up excess soil from the boring area prior to patching. Borings will receive a minimum 6 -inch thick quick- setting, high- strength grout patch finished level with the existing asphalt surface. If bedrock or coarse conditions cause auger refusal up to a depth of 4 feet, we will attempt to readvance the boring up to 2 more times in adjacent locations. If we encounter refusal between depths of 4 feet and 6.5 feet, we will not re- advance the boring, as a 4 foot depth is sufficient for our geotechnical analysis. 4. STRATA will complete the following laboratory testing program referencing ASTM International test standards: • 3 to 4 percent passing the No. 200 sieve tests 1 grain size distribution 1 Modified Proctor • 1 to 2 Atterberg Limits tests 1 Resilient Modulus NO test (Per the City of Spokane Valley Resilient Modulus Testing Protocol) We will retain soil samples obtained during exploration for 90 days following submittal of our final report unless we receive written notification to retain the samples for a longer time period. i% www.stratageotech.co m Revised Proposal — Geotechnical Services Mansfield Connector Project File: SPP13038 Page 4 STRATA will review field and laboratory data and perform analyses to provide recommendations for: Earthwork • Demolition considerations • Reusability of on -site soil • Soil criteria for imported structural fill • Subgrade preparation • Wet weather construction • Excavation characteristics • Structural fill and compaction criteria 0%-F Flexible Asphalt Pavement Design using AASHTO (1993) design methodology • Recommended flexible pavement (ACP) section thickness • Recommended material specifications • Recommended compaction 6 Additional Recommended Services 6. STRATA will prepare a geotechnical engineering evaluation report. The report will provide a summary of exploration, outline the subsurface conditions encountered, present laboratory test results, summarize our analyses and findings, and present our resulting geotechnical opinions and recommendations. We propose to provide a site plan, exploratory boring logs and design analysis software outputs. We will provide a draft report to the City for their review. After receiving review comments and meeting with the City to discuss, we will provide 4 hard copies and 1 electronic copy of our report. Task 2 — Additional Exploration 1. STRATA will visit the site to establish 1 additional exploration location in an area acceptable to the City and also to paint the proposed location prior to utility locating. STRATA will contact a regional utility notification service ( "One - Call ") prior to exploration for utilities within 50 feet of proposed boring location. STRATA cannot be responsible for damage or repair to improperly marked utilities. We do not propose to provide traffic control for this additional boring, based on its anticipated location. 2. STRATA will subcontract to advance 1 additional exploratory boring near the proposed swale north of the existing residence. Minor location alterations may occur and we will discuss these with you prior to marking locations in the field for utility locating. We will advance the boring to a depth of 20 feet below the existing ground. Select soil samples will be obtained. Borings will be backfilled using granular soil and tamped using the drill augers and /or hand equipment. We will remove excess cuttings from the site. If we encounter refusal up to a depth of 10 feet, we will attempt to re- advance the boring up to 2 more times in adjacent locations. If we encounter refusal at depths between 10 feet and 20 feet, we will not re- advance the boring. 3. STRATA will provide 1 report addendum including the additional boring information and recommendations for the following: d% Stormwater Disposal per the SRSM • Allowable infiltration rate for swales • Recommended infiltration soil • Drywell outflow rate (if drywells are feasible) • Stormwater disposal hazards and site drainage considerations • Anticipated impacts to downgradient properties www.stratageotec h. corn Revised Proposal — Geotechnical Services Mansfield Connector Project File: SPP13038 Page 5 We propose to provide a draft addendum to the City for their review prior to submitting a final report. ESTIMATED SCHEDULE AND FEES STRATA has tentatively scheduled exploration for the week of March 25, 2013, pending your review of this proposal and formal authorization. We anticipate site exploration will take up to 5 hours. We anticipate starting exploration after 9:00 am and finishing before 3:00 pm to help avoid high traffic periods. If design ESAL values are provided by March 29, 2013, we propose to submit a draft report by April 12, 2013. After receiving City comments, we can provide a final report within 5 business days. The schedule for additional exploration (Task 2) will ultimately depend on the property acquisition schedule, however we can typically re- mobilize within 5 business days, pending subcontractor availability. We propose to provide our services on a time and expense basis as outlined in Table 1, and using "Specific Rates of Pay" as presented in the Local Agency Standard Consultant Agreement to be executed by the City upon authorization. We will provide a fee estimate showing our man -hour estimates, expenses and subcontractor costs under a separate cover. Table 1. Estimated Fees Scope Task Estimated Fees Task 1 $10,500 Task 2 $4,000 We understand you will establish a 10 percent management reserve fund in the event of changed conditions, scope revisions or other currently unanticipated factors. We will not exceed the above fee amounts without your written authorization. LIMITATIONS The above scope of service does not include the following: • SWPPP or erosion and sediment control plan • Rigid pavement design Corrosion potential 6 Utility trench stability during construction % Utility trench backfill 6 Hazardous substance evaluation _W r Structural design 6 Asphalt or concrete mix design 0 Foundation or slab design • Meetings or other correspondence following our final report submittal • Any other services not specifically described above If these or any other services are desired, please contact us for a revised proposal. WWW.stratageotec h. corn Revised Proposal — Geotechnical Services Mansfield Connector Project File: SPP13038 Page 6 AUTHORIZATION You provided STRATA with a Local Agency Standard Consultant Agreement. STRATA used this local agreement to provide our scope and fee information; this proposal is considered Exhibit A -1 of the contract. We executed the agreement and understand the City will execute the agreement as formal authorization to proceed. We respectfully request formal authorization by March 25, 2013, to meet the above schedule. STRATA has provided the required insurance certificates concurrent with contract execution. We sincerely appreciate the opportunity to provide this proposal to the City of Spokane Valley and we look forward to working with you again. Please contact us if you have any questions or comments. RMUCMC /cl Sincerely, STRATA, Angela K. Lemmerman Project Engineer Chris M. Comstock, P.E. Project Manager i% www.stratageotech. co m 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 all 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 `B" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the fast twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. 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 authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT 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 include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (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 CFR Paid 31.205 -46 "Travel Costs." b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. C. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." DOT RForm 3 140-089 9 EF E)fibft D•3 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XfV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements 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 AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which. the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Exhibit E -2 / Consultant Fee Determination — Summary Sheet" contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a re pursuant to Spokane V pursuant to RCW 42.56.5 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The eight (8) pages entitled "Exhibit F / Overhead Cost" contain confidential cost and rate data and are withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: DOT Form 140.089 EF Exhibit 0 Revised 6105 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Exhibit G -1 / Subconsultant Fee" 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. Eclipse Traffic Control & Flagging Inc. 11497 N Reed Road Hayden, Id 83835 Phone # 208 - 762 -8897 Fax # 208 - 762 -8859 NAME /ADDRESS Strata Geotechnical Engineering 280 W Prairie Ave Coeur d'Alene, Id 83815 BID PROPOSAL ID-PW #14006 B -4 ID-DBE 49CFR26 WA -UBI #601965 284 WA -WDBE #D2F6917244 PROJECT Mansfield Ave., Spokane Wa I DATE I 2/27/2013 ITEM# DESCRIPTION QTY UNIT UNIT PRI... TOTAL 000 Rent Traffic Control Signage 10 Each 3.60 36.00 001 Hourly Traffic Control Maintenance 2 Hourly 24.00 48.00 002 Hourly Flagging (2 flaggers for 6 hours.) 12 Hourly 19.00 228.00 012 Incidental Traffic Control Items 1 Daily 25.00 25.00 100 Mobilization 1 Daily 100.00 100.00 102 Traffic Control Plans 1 Each 75.00 75.00 This quote is good for 30 days Eclipse Traffic Control & Flagging is a non -union company. I Estimated Total $512.00 SIGNATURE ��„ v Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - 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 Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT 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 required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish 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. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 6105 Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140 -089 EF Exhibit I Revised 8105 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the fist 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 Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design 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 required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design errors) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(&) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios; It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design Eror(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H &LP, through the Region DOT Revised 61059 EF Exhfblt J 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 error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step S. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP 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 FHWA, 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 purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's 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 seivices that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form sed 8 059 EF Exhibit K 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 shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall revieNv and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and 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 notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. I hereby certify that I am esentative of the firm of Exhibit M -1(a) Certification Of Consultant Gels (Z"� C�_ Strata Proj ect No. 0156 Local Agency Spokane Valley and duly authorized whose address is reps 10020 E. Knox Ave., Spokane Valley, WA 99206 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway ds, an is subject to applicable State and Federal laws, both criminal and civil. X13 Signature Date DOT Form se4 8/059 EE Exhibit W(a) Exhibit M -I(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Spokane Valley , Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any film or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid Highway fiuids, and is subject to applicable State and Federal laws, both criminal and ci ' --� /-'� 3-- DOT Fu05 EF Exhibt M t (b) Revised 10 i Signature Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against 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 commission of any of the offenses enumerated in paragraph (I) (B), 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. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): Strata (Date) DOT Form sed 6!059 EF Exhibit M -2 President or Authorized official of Consultant OP ID: WH ACOROB CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDmYY) 03/06/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. MMIDD/YYYY IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X WA Stop Gap IA460 PRODUCER Phone: 208 - 343 -7741 Higgins & Rutledge Insurance Fax:208- 343 -9371 1661 Shoreline Drive, Ste 100 CACT NAME: Gail A. Johnson PHONE 208- 343 -7741 (FAX, No): 208-343-9371 A/c No E,): Boise, ID 83702 AD AIL info @higginsrutledge.com Gail Anthony Johnson PRODUCER CUSTOMER ID #: STRAT -1 INSURERS AFFORDING COVERAGE NAIC # MED EXP (Any one person) INSURED Strata Inc; Intermountain Materials Testing Inc; Howard Consultants Inc; Victory Enterprises LLC INSURER A: Cincinnati Insurance Company 10677 INSURER B: State Insurance Fund INSURER C: Liberty Northwest Ins Corp 41939 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS - COMP /OPAGG Strata Inc A Corp of Idaho 8653 W Hackamore INSURER D: $ INSURER E: CA NonRes License #050520 AUTOMOBILE [INSURER F: Spokane Boise, ID 83709 nnvocAn_oe f`COTICIf -ATC w1MRFa- REVISION NUM6EK: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE POLICY NUMBER MMIDDY� MMIDD/YYYY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X WA Stop Gap IA460 X 11707E Sprague Ave; 6 CPP0882591 05/01/12 05/01113 EACH OCCURRENCE $ 1,000,000 DA AGE To RE�NTFD PREMISES Ea occurrence $ 500,00 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS - COMP /OPAGG $ 2,000,00 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS CPA0882691 05/01112 05/01113 COMBINED SINGLE LIMIT accident) $ 1,000,00 X BODIL Y INJURY BODILY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CPP0882591 05/01/12 05/01/13 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,00 DEDUCTIBLE RETENTION $ None $ X $ B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE Y/ N OFFICER/MEMBEREXCLUDE( (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 620608 IDAHO C53SS313164022OREGON 05/01/12 05/01/12 05/01/13 05/01/13 X TORY IMUS 10 ER E.L. EACH ACCIDENT $ 100'000 E. L. DISEASE -EA EMPLOYE $ 100,00 E.L. DISEASE- POLICY LIMIT $ 500, 0 A Ltd Pollution GA523 CPP0882591 05/01112 05101/13 Pollution 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Mansfield Connection Project. rrAfdf'CI I ATInIJ CITSP04 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CI of Spokane Valle City y ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept. Mr. Pete Fisch AUTHORIZED REPRESENTATIVE 11707E Sprague Ave; 6 n Spokane Valley, WA 992020 6 U T 9St3 -ZUUV At.:UKLJ GUKI`UKA 1 1UN. Au ngni5 reberveu. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera CA 94925 CERTIFICATE OF INSURANCE 14 �11Y R[11Y116� 4110V[ DATE 03/07/13 NAME AND ADDRESS OF INSURED Strata, Inc. 10020 E. Knox Ave., Ste. 200 Spokane, WA 99206 This certifies that the "claims made" insurance policy (described below by policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only, and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has 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 policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 213082 01/01/13 12/31/13 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION Mansfield Connection Project CANCELLATION If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non - payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) City of Spokane Valley, Public Works Dept Attn: Mr. Pete Fisch 11707 E. Sprague Ave., Suite 106 Spokane, WA 99206 President DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "...Task 1 / Reviesed Engineering Fee Estimate" 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 "...Task 2 / Reviesed Engineering Fee Estimate" 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.