HomeMy WebLinkAboutContract VA✓ *4wol CAG-14-074
Local Agency Consultant/Address/Telephone
Universal Field Services,Inc.
Standard Consultant 111 Main St,#105
Agreement Edmonds,WA 98020
❑Architectural/Engineering Agreement
®Personal Services Agreement
Agreement Number 425-673-5559
Project Title And Work Description
Federal Aid Number SE 176th Street at SE Benson Drive(SRI 65)Carr
HSIP-OOOS(306) Road Intersection Improvements
Agreement Type(Choose one)
Right of Way Acquisition Negotiations and
❑Lump Sum Relocation Services
Lump Sum Amount $
®Cost Plus Fixed Fee
Overhead Progress Payment Rate %
Overhead Cost Method DBE Participation
❑Actual Cost ❑Yes ®No %
Federal ID Number or Social Security Number
El Actual Cost Not To Exceed % 73-0676799
® Fixed Overhead Rate 48.09 % Do you require a 1099 for IRS? Completion Date
Fixed Fee $ 610.20 ❑Yes ®No
❑Specific Rates Of Pay Total Amount Authorized$ 10,847.00
❑Negotiated Hourly Rate
❑Provisional Hourly Rate Management Reserve Fund$
❑Cost Per Unit of Work Maximum Amount Payable$ 10,847.00
Index of Exhibits (Check all that apply):
®Exhibit A-1 Scope of Work ❑Exhibit G-2 Fee-Sub Specific Rates
❑Exhibit A-2 Task Order Agreement ❑Exhibit G-3 Sub Overhead Cost
❑Exhibit B-1 DBE Utilization Certification ®Exhibit H Title VI Assurances
❑Exhibit C Electronic Exchange of Data ®Exhibit I Payment Upon Termination of Agreement
❑Exhibit D-1 Payment-Lump Sum ❑Exhibit J Alleged Consultant Design Error Procedures
®Exhibit D-2 Payment-Cost Plus ®Exhibit K Consultant Claim Procedures
❑Exhibit D-3 Payment-Hourly Rate ❑Exhibit L Liability Insurance Increase
❑Exhibit D4 Payment-Provisional ®Exhibit M-la Consultant Certification
®Exhibit E-1 Fee-Lump/Fixed/Unit ®Exhibit M-lb Agency Official Certification
❑Exhibit E-2 Fee-Specific Rates ®Exhibit M-2 Certification-Primary
®Exhibit F Overhead Cost ❑Exhibit M-3 Lobbying Certification
®Exhibit G Subcontracted Work ❑Exhibit M-4 Pricing Data Certification
®Exhibit G-1 Subconsultant Fee ®App.31.910 Supplemental Signature Page
THIS AGREEMENT,made and entered into this day of i_ `�
between the Local Agency of City of Renton Washin ton,h inafter called the"AGENCY",
and the above organization hereinafter called the"CONSULTANT".
DOT Form 140.089 EF Page 1 of 8
Revised 09/2013
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 famish all services,labor,and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II 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.
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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
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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.
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 2000d4a)
Federal-aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et.seq.)
49 CFR Part 21
23 CFR Part 200
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 in Exhibit"I"for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the
Notice to Terminate.If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
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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 fmd 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.
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XIII legal Relations
The CONSULTANT shall comply with all Federal,State,and local laws and ordinances applicable to the work to be
done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all cl aims,demands,or snits 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 claim 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 Cock 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 RCW.
Insurance Coverage See Attachment for City Requirements
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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 the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this
AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to 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 world 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-0"
Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over$100,000 and
Exhibit"M-4"is required only in AGREEMENTS over$500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the
parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be
liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an
original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,representations,
warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the
CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
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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.
a
By By
Mitch Legel,Regional h4ager
Consultant Universal Field Services, Inc. Agency City of Renton
DOT
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EXHIBIT A
Project Funding Estimate
Scope of Work
Task Element-Right of Way Services
Federal funds are participating in the project, particularly the Right of Way phase,therefore Universal Field
Services, Inc. (UFS)will complete all Right of Way services in accordance with the City of Renton's(CITY)
Washington State Department of Transportation's (WSDOT) approved Right of Way Acquisition
Procedures,the federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act(URA),
WSDOT Local Agency Guidelines — Section 25 (Right of Way Procedures), and the Washington
Administrative Code(WAC 468-100)state Uniform Relocation Assistance and Real Property Acquisition.
The project consists of primarily business use properties. Based on schematic drawings and exhibits and
discussions with CITY staff, it is assumed up to five (5) separate tax parcels will require various real
property rights as shown in Table A below. Additional parcels or real property rights other than those shown
in Table A will require an amendment to this scope of work and related fee estimate.
This scope of work is limited to preparation and completion of a Project Funding Estimate(PFE)for the City
to better understand the total estimated right of way acquisition costs for this project,to assess and minimize
acquisition costs, and as part of the required City's WSDOT approved Right of Way Acquisition process.
Preparation of a Relocation Plan, Appraisals, Appraisal Reviews, Acquisition Negotiations, Relocation
Assistance, and Right of Way Certification services are excluded from this scope of work and will require
an amendment hereof and the related Fee Estimate—Exhibit B.
Scope of work is based on the following:
1.)Discussions with CITY staff.
2.) Recent tour of the project limits
3.) Review of limited public on-line information(mapping/ownership information)
4.)Schematic Drawing and Exhibits—Approved Right of Way plans not available
Sub-Task Elements:
A. Preparation and Administration - Discuss, strategize and plan overall process with CITY, UFS
and other consulting staff. Attend project kickoff meeting with CITY and three (3) progress
meetings —CITY office. Progress meetings can be facilitated by conference calling if preferred.
Provide up to three (3) monthly progress reports indicating the work completed for the invoiced
month, anticipated work for the following month, and identify issues requiring the CITY's input or
assistance.
Deliverables:
• Attend three(3) Progress Meetings
• Provide three(3)Progress Reports
• Coordinate with the City and the City's Design Consultant
B. Title/Ownership Review—Obtain title reports from the CITY and perform reviews of existing right
of way and ownership information. Review special exceptions described in each title report to
determine the CITY's acceptance of title at closing. Provide the CITY with a parcel summary memo
listing ownerships,title exceptions,etc.
Deliverable:
• Prepare parcel summary memo listing ownerships, title exceptions, etc.
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C. Project Funding Estimate—UFS will sub-contract and manage completion of the Project Funding
Estimate (PFE) with our WSDOT approved project appraiser. Generally, the PFE is a tool to be
used for confirming estimated Right of Way costs and primarily for consideration of utilizing the
Appraisal Waiver process when the estimated amount of just compensation to property owners is
at or below the CITY's WSDOT approved Appraisal Waiver limit and when the acquisition is
uncomplicated. Based on discussions with the CITY, together with review of provided maps and
exhibits, up to five(5)separate tax parcels may be impacted and included in the PFE.
The PFE will be prepared in accordance with the CITY's WSDOT approved Right of Way
Acquisition procedures, and WSDOT's Local Agency Guidelines — Section 25 (Right of Way
Procedures). As part of the PFE, individual parcel worksheets will be prepared to estimate the
amount of just compensation using comparable sales data and information obtained from project
Right of Way plans. Estimated amounts of just compensation from each parcel worksheet will be
entered into a project summary worksheet to include other items of right of way related costs for
review and use by the CITY.
It is recommended the CITY complete all Environmental Site Assessments (ESA) prior to
completion of the PFE to better estimate the potential related project risks and costs. Estimated
clean-up costs for any known contaminated parcel should be ascertained prior to commencing
Appraisal,Appraisal Reviews. Upon completion of the PFE, UFS will coordinate with the CITY and
its design consultant for opportunities to reduce acquisition impacts to each of the five(5)separate
tax parcels.
In the event a significant amount of time has elapsed between completion of the PFE and submittal
to WSDOT for review,or if authorization from FHWA through WSDOT Highways&Local Programs
(obligation of funds)to use federal funds for Right of Way Acquisition is delayed, the data in the
PFE relied upon such as comparable sales may become outdated and may require an update to
the PFE.
Clear Channel I Outdoor Advertising Sign—There is an existing Clear Channel Outdoor
Advertising sign on Parcel 2 (West). It is assumed the City will allow or accommodate the
following:
a)Sign to remain in the current location within a permanent overhang easement. It is assumed
the sign will not overhang or extend past the proposed face of curb, unless allowed by traffic
standards.
b)Allow the sign to be relocated to the remainder property.
Note: The PFE will not include estimated loss of business income for moving the sign to
another parcel within the CITY or another jurisdiction.
Deliverables:
• Preliminary Project Funding Estimate (PFE).
Tax Parcel No Taxpayer/Owner Partial Fee Perm Sidewalk Temp. Const.
Simple & Utility Esmt. Esmt.
101 292305-9114 CP Investments LLC X X
102 292305-9110 West,James L. etal X X X
103 292305-9095 KC Fire District 40 X X
104 292305-9017 KC Fire District 40 X X
105 292305-9030 Camenzind LLC X X
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Exhibit D-2
Payment (Cost Plus a Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or
services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the
work specified in Section H,"Scope of Work."The CONSULTANT shall conform to all applicable portions of
48 CFR Part 31.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee.The actual cost shall include direct salary cost,
overhead,direct non-salary costs,and fixed fee.
1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional,technical,and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT. The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs:Overhead Costs are those costs other than direct costs,which are
included as such on the books of the CONSULTANT in the normal everyday
keeping of its books.Progress payments shall be made at the rate shown in the
heading of this AGREEMENT under"Overhead Progress Payment Rate."Total
overhead payment shall be based on the method shown in the heading of the
AGREEMENT.The two options are explained as follows:
a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown. This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit,up to the Maximum Total Amount Payable,authorized under
this AGREEMENT,when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead
computation is shown in Exhibit"E"attached hereto and by this reference made
part of this AGREEMENT.When an Actual Cost method is used,the
CONSULTANT(prime and all sub-consultants)will submit to the AGENCY
within six(6)months after the end of each firm's fiscal year,an overhead
schedule in the format required by the AGENCY(cost category,dollar
expenditures,etc.)for the purpose of adjusting the overhead rate for billing
purposes.It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Form 140-089 EF Exhibit D-2
Revised 8/08
rrr'
Failure to supply this information by either the prime CONSULTANT or any of their sub-
consultants shall cause the AGENCY to withhold payment of the billed overhead costs until
such time as the required information is received and an overhead rate for billing purposes is
approved.
The AGENCY,STATE and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine
the actual overhead rate,if they so desire.
3. Direct Non-Salary Costs:Direct Non-Salary Costs will be reimbursed at the Actual Cost to
the CONSULTANT. These charges may include,but are not limited to,the following
items: travel,printing,long distance telephone,supplies,computer charges and sub-
consultant costs.
a. 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 Part 31.205-46"Travel Cost
b. The billing for Direct Non-Salary Costs shall include an itemized listing of
the charges directly identifiable wh 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.
4. Fixed Fee: The Fixed Fee,which represents the CONSULTANT'S profit,is shown in the
heading of this AGREEMENT under Fixed Fee. This amount does not include any
additional Fixed Fee,which could be authorized from the Management Reserve Fund. This
fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-
hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work,the supplemental
AGREEMENT may include provisions for the added costs and an appropriate additional
fee.The Fixed Fee will be prorated and paid monthly in proportion to the percentage of
work completed by the CONSULTANT and reported in the Monthly Progress Reports
accompanying the billings.Any portion of the Fixed Fee earned but not previously paid in
the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled"Termination of Agreement."
5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve
Fund to provide the Agreement Administrator with the flexibility to authorize additional
funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the
CONSULTANT for additional work beyond that already defined in this AGREEMENT.
Such authorization(s)shall be in writing and shall not exceed
the lesser oTT 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."6. 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 XIV,"Extra Work."No minimum amount payable is guaranteed under this
AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section III,"General Requirements"
of this AGREEMENT.The billings will be supported by an itemized listing for each item including
Direct Salary,Direct Non-Salary,and allowable Overhead Costs to which will be added the
prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT
employees,the AGENCY may conduct employee interviews.These interviews may consist of
recording the names,titles,salary rates,and present duties of those employees performing work on
the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT.Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment,which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not,however,be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item
and at the time of final audit,all required adjustments will be made and reflected in a final payment.
In the event that such final audit reveals an overpayment to the CONSULTANT,the
CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days of notice of
the overpayment.Such refund shall not constitute a waiver by the CONSULTANT for any claims
relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has
twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States,for a period of three
(3)years after receipt of final payment,the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following exception:
if any litigation,claim or audit arising out of,in connection with,or related to this contract is
initiated before the expiration of the three(3)year period,the cost records and accounts shall be
retained until such litigation,claim,or audit involving the records is completed.
1%w `a✓
Exhibit E-1
Consultant Fee Determination - Summary Sheet
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: SE 176th Street at SE Benson Drive(SRI 65)Carr Road Intersection Improvements
Direct Salary Cost (DSC):
Classification Man Hours RAW = ��
Quality Assurance 10 X 52.00 $ 520
Project Manager 25 X 42.00 1050
Acquisition Specialist 0 X 38.00 0
Relocation Specialist 0 X 38.00 0
Sr. Admin Specialist 16 X 29.00 464
X
X
X
X
X
X
X
X
Total DSC = $ 2034
Overhead (OH Cost-- including Salary Additives):
OH Rate x DSC of 48.09 % X$ 2034 978.15
Fixed Fee (FF):
FF Rate x DSC of 30 % X$ 2034 610.2
Reimbursables:
Itemized Mileage-400 miles @$0.560 224.00
Itemized Misc Expenses 400.00
Itemized PFE Administration Fee 129.42
Itemized
Itemized
Subtotal (Consultant Total): 4376 (rounded)
Subconsultant Costs (See Exhibit G): 6471
Grand Total 10847
Prepared By: Mitch Legel,Regional Manager Date: April 15,2014
DOT Forth 140-089 EF Exhibit E-1
Revised 10/2013
Exhibit F
Breakdown of Overhead Cost
Account Title $ Beginning Total %of Direct Labor
Direct Labor 26 562 984.00 100.00%
Overhead Expenses:
FICA 2,509,336.50 9.45%
Unemployment 464,337.23 1.75%
Health/Accident Insurance 1,506,863.72 5.67%
Medical Aid&Industrial Insurance 340,217.96 1.28%
Holiday/Vacation/Sick Leave 1,999,918.00 7.53%
Commission/Bonus/Pension 684,033.00 2.58%
Total Fringe Benefits 7,504,706.41 28.25%
General Overhead:
State B&O Taxes 184,755.75 0.70%
Insurance 123,693.56 0.47%
Administration&Time Not Assignable 2,932,231.75 11.04%
Printing, Stationery&Supplies 248,576.73 0.94%
Professional Services 587,190.00 2.21%
Travel Not Assignable 259,084.33 0.98%
Telephone&Tel rah Not Assignable 95,424.33 0.36%
Fees, Dues&Professional Meetings 76,195.10 0.29%
Utilities&Maintenance 145,827.87 0.55%
Professional Development 28,666.99 0.11%
Rent 349,076.06 1.31%
Equipment Su rt 89,693.73 0.34%
Office Miscellaneous& Posta a 149 631.80 0.56%
Total General Overhead 5,270,048.00 19.84%
Total Overhead General+ Fringe) 12 774 754.41 48.09%
Overhead Rate Total Overhead/Direct Labor 48.09%
`'✓
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Strickland, 14ekchmann &Nncc for the Project Fjinrlina Estimate
DOT Form 140-089 EF Exhibit G
Revised 6/05
411we
Exhibit G-1
Subconsultant Fee Determination - Summary Sheet
(Mandatory when Subconsultants are utilized)
Project: SE 176th Street at SE Benson Drive(SRI 65)Can Road Intersection Improvements
Sub Consultant: Strickland,Heischmum&Hoss
Direct Salary Cost (DSC):
Classification Man Hours $WLg =
Senior Appraiser 15 X 250.00 $ 3750
Administrative 10 X 75.00 750
X
X
X
X
X
X
X
Total DSC = $ 4500
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of N/A % X$ 4500 = 0
Fixed Fee (FF):
FF Rate x DSC of N/A % x$ 4500 = 0
Reimbursables:
Itemized = 1971
SubConsultant Total = 6471
Prepared By: Jim Hoss,President Date: April 15,2014
DOT Form 140-089 EF Exhibit G-1
Revised 11/11
r ° 'ti.r
S H
t '
April 15,2014
Mitch Legel
Northwest Regional Manager
Universal Field Services,Inc.
111 Main Street, Suite 105
Edmonds, WA 98020
e-mail: mlegel @ufsrw.com
Re: Carr Road/Benson Drive Project
Renton, WA
Dear Mr. Legel:
As per our telephone conversation, our firm will supply you with appraisal services
concerning the above mentioned right-of-way project. Maps supplied by your office
indicate there are six parcels within the project. At this time you have asked us to supply
you with just the "Project Fund Estimate" (PFE) for the project. The PFE will be
completed as per the guidelines of W.S.D.O.T. and is intended to comply with USPAP
requirements. The PFE will contain a one-page report of each of the parcels (larger
parcels combined), with such items as a brief description of the property, impacts of the
acquisition, a listing of the sales used in the analysis, sales history of the property, and an
estimate of compensation. Also contained within the PFE will be comparable sale write-
ups, project description, neighborhood description, and other various supporting data. If
the compensation for an individual parcel is $25,000 or under as indicated by the PFE, an
Administrative Offer Summary (AOS) could be used for acquisition purposes. The cost
of any AOS is included in the PFE fee as quoted below.
Proi ect Fund Estimate
Principle Appraiser 15 hours $250/hr. $3,750
Administrative 10 hours $75/hr. $ 750
Sign Estimate $1,971
Total $6,471
Strickland, Heischman & Hoss 1 6419 Lakewood Drivc West I Tacoma, Washington 98467 1 p. 253.564.3230 1 f 253 564 3143
`AW *M01
The hourly billing rates for this project are fully burdened, to include but not limited to
salary, overhead, profit, mileage, parking, copies, taxes, etc. The above fees are the
lowest rates charged to our preferred customers. For the sign estimate I have contacted
Ken Dennis of Sign Plus in order to estimate the cost to relocate the signs. Mr. Dennis
estimates his costs at $1,971 (see attached), inclusive of the additional billboard sign
impacted by the project. It is my understanding that the outdoor billboard sign can stay
in-place by an easement and will not have to be considered in this project. I have still
asked Mr. Dennis to include the billboard sign in the bid as an option to consider.
It is noted that these fees do not include any other experts that may be needed in the
process. An example would be"cost to cure" items if needed(design, engineering, septic
issues, etc.) on a particular parcel as the result of the acquisition. These type of costs are
typically incorporated when the appraisals are required, but not at this stage of the PFE.
The above fees also do not include any court time that may result in condemnation, which
will be billed separately at$250 per hour.
Should you have any questions or comments concerning this proposal, or other items do
not hesitate to contact our office.
Respectfully i ed,
James L. Hoss, MAI, SR/WA
SIGNS PLUS
PROJECT PARTNERSHIP AGREEMENT
Jim Hoss April 10,2013
Strickland Heischman&Hoss,Inc.
6419 Lakewood Drive West
Tacoma,WA 98467
Tel:253-564-3230
E-Mail:hoss@shhapp.com
Project:Sign appraisal for one(Billboard,one D/F Pole Sign&oae Non-lit D/F Pole Sign
S&w Plus heahv oMgM to hoWA the xwtenkds and gaff a the lehor nrce y tor the oan akilm olrhe slm=belaw
1:Sign appraisal for one D/F internally lit pole sign located et 17422 10_8�i Ave.ST.,Renllon,Wo 98055.
Price:$500.00
2:Sign appraisal for one D/F billboard located at the comer of Denson Dr.&176i6 St,Renton,Wa.
• Price:$1,000.00
3:Sign appraisal for one D/F Non-lit sign located at 10904 SE 176"St,Renton,Wa 98055
• Price:$300.00
Total:31,800.00
9.5%Tax;$171.00
Total Price:$1,971.00
Customer Initials: Date: Salesman Initials: Date:
Your sales representative is:Ken Dennis I C:360.393.1265 1 kcn@signsplusnw.com
J
n.
j�
PAGE 1 OF 2
Labort rles MASTER ry„ W
laDorstorNs Ma FABRICATOR
1330 Norlh Forest Sheet Bellingham,WA 98225 tel:360.671.7165 fax:360.671.0144 www.signsplusnw.com
err'
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.
5. 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 6/05
NOW r.✓"
6. 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.
fir+` �+
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 1
Revised 6105
*+' `N"e
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 services 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 140-089 EF Exhibit K
Revised 6/05
*rr' `40e
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 review and administratively approve or
disapprove the claim,or portions thereof,which may include getting Agency Council or
Commission approval(as appropriate to agency dispute resolution procedures). If the project
involves federal participation,obtain concurrence from 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.
Exhibit M-1(a)
Certification Of Consultant
Project No.
Local Agency City of Renton
I hereby certify that I am Mitch Legel,NW Regional Manager and duly authorized
representative of the firm of Universal Field Services,Inc. whose address is
111 Main St,#105,Edmonds,WA 98020 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 funds,and is
subject to applicable State and Federal laws,both criminal and civil.
4- z P-- 14- 1-4 .'
Date Signature
Mitch Legel,Regional Manager
DOT Form 140-089 EF Exhibit M-1(a)
Revised 6/05
*AW V4101
Exhibit M-1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Renton
Washington,and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain,or agree to employ to retain,any firm or person;or
(b) 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 funds,and is
subject to applicable State and Federal laws,both criminal and civil.
Date ignature
DOT Form 140-089 EF Exhibit M-1(b)
Revised 6105
14* 1 11400,
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters-Primary Covered Transactions
I. 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): Universal Field Services,Inc.
r
(Date) (Signature)President or Authorized Official of Consultant
Mitch Legel,Regional Manager
DOT Form 140-089 EF Exhibit M-2
Revised 6105
*ftovl *440,
ConsultanUAddresslTelephone
Supplemental Signature Universal Field Services, Inc.
Page for 111 Main St,#105
Standard Consultant Edmonds, WA 98020
Agreement
Agreement Number Project Title And Work Description
SE 176th Street at SE Benson Drive(SRI 65)Can
Federal Aid Number Road Intersection Improvements
HSIP-OOOS(306)
Local Agency Right of Way Acquisition Negotiations and
City of Renton Relocation Services
THIS AGREEMENT, made and entered into this day of ,
between the Local Agency of City of Renton Washington, hereinafter called 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 LOCAL AGENCY
By < BY Atr"/fJ4
Mitch Legel,Regio anager
Consultant Universal Field Services, Inc. Agency City of Renton
By By
Consultant Agency
By
Agency
By
Agency
DOT Form 140-089 EF Appendix 31.910
Revised 6/05
ATTACHMENT
Vale City Of
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Insurance Requirements For City of Renton
The City of Renton typically requires the following industry minimum insurance limits:
• $1,000,000 per occurrence Commercial General Liability (CGL);
• $2,000,000 in the Commercial General Liability aggregate;
• $1,000,000 Auto Liability(needed if a vehicle will be used in performance of work
beyond normal commutes. This would include delivery of products to worksite);
• Proof of Workers' Compensation coverage as required by the state (provide the
Washington L&I or excess coverage policy number);
• Excess Liability or Umbrella (if needed, at levels to be determined by unique
exposure risk or if required in the contract, can be in tandem with CGL),
• $1,000,000 Professional Liability (if required in the contract or if the professional
services to be provided are excluded from the CGL policy).
Requirements unique to the City of Renton:
• Name the City of Renton as a Primary and Non-contributory Additional Insured
on the policy (only applies to Commercial General Liability);
• The City shall be provided with written notice of any policy cancellation within
two business days of receipt of such notice by the policy holder;
• Insurance certificate requirements can be waived for current WCIA members,
with Risk Manager approval;
• Put descriptive text of the project in the "Description of Operations" box; and
• The certificate holder should read:
City of Renton
ATTN: {enter your City contact's name here and Department)
1055 South Grady Way
Renton,WA. 98057
Direct any questions, comments, or concerns to: Gary Lamb, Risk Manager
425.430.7669- direct
425.430.7650- main
425.430.7665 -fax
glamb @rentonwa.gov
Revised 4/5/13