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1 ^ <br /> If the Agency does not agree with the consultant's claim,the project manager shall prepare a <br /> summary for the Director of Public Works or Agency Engineer that included the following: <br /> • Copy of information supplied by the consultant regarding the claim; <br /> • Agency's summation of hours by classification for each firm that should be included in the <br /> claim; <br /> • Any correspondence that directed the consultant to perform the additional work; <br /> • Agency's summary of direct labor dollars,overhead costs,profit and reimbursable costs <br /> associated with the additional work; <br /> • Explanation regarding those areas in which the Agency does/does not agree with the <br /> consultant's claim(s); <br /> • Explanation to describe what has been instituted to preclude future consultant claim(s);and <br /> • Recommendations to resolve the claim. <br /> Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim Agency <br /> Documentation <br /> The Director of Public Works or Agency Engineer shall review and administratively approve or <br /> disapprove the claim,of portions thereof,which may include getting Agency Council or <br /> Commission approval(as appropriate to agency dispute resolution procedures). If the project <br /> involves federal participation,obtain concurrence from WSDOT Highways and Local Programs <br /> and FHWA regarding final settlement of the claim. If the claim is not eligible for federal <br /> participation, payment will need to be from agency funds. <br /> Step 5— Informing Consultant of Decision Regarding the Claim <br /> The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their <br /> final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted <br /> claim(s)and rationale utilized for the decision. <br /> Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s) <br /> The agency shall write the supplement and/or new agreement and pay the consultant the amount of <br /> the claim. Inform the consultant that the final payment for the agreement is subject to audit. <br /> 13U <br /> DOT Form 140-089 EF Page 35 <br /> Revised 6/05 <br />