09-045.00 Taylor Engineering: On Call ACAD & Inspection SvcsLocal Agency
Standard Consultant
Agreement
® Architectural /Engineering Agreement
® Personal Services Agreement
Agreement Number
09 -030
Federal Aid Number
STPUL -3846 (006)
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate %
Overhead Cost Method
❑ Actual Cost
❑ Actual Cost Not To Exceed %
❑ Fixed Overhead Rate %
Fixed Fee $
® Specific Rates Of Pay
® Negotiated Hourly Rate
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work
Consultant/Address/Telephone
Taylor Engineering, Inc.
W. 106 Mission Ave.
Spokane, WA 99201
PH: (509) 328 -3371 FAX: (509) 328 -8224
Project Title And Work Description
On Call Inspection and ACAD designer Services
per scope described in April 8, 2009 COSV scope
memo.
DBE Participation
❑ Yes ® No %
Federal ID Number or Socj�I�S� Numb
Do you require a 1099 for IRS? Completion Date
® Yes ❑ No December 31, 2009
Total Amount Authorized $ 89,016.00
Management Reserve Fund $ 8,902.00
Maximum Amount Payable $ 97,9 18.00
Index of Exhibits (Check all that apply):
® Exhibit A -1 Scope of Work
® Exhibit A -2 Task Order Agreement
❑ Exhibit B -1 DBE Utilization Certification
❑ 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
❑ Exhibit G -2 Fee -Sub Specific Rates
❑ Exhibit G -3 Sub Overhead Cost
® Exhibit H Title VI Assurances
® Exhibit I Payment Upon Termination of Agreemen
❑ Exhibit J Alleged Consultant Design Error Procedi
® 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 2009 ,
between the Local Agency of City of Spokane Valley , Washiniton, hereinafter called the "AGEN
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
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Formal Task Assignment Document
Task Number B
The general provisions and clauses of Agreement 09-030 shall ba in Poll farce and effect for this
Task Assignment
Location of Project: Spokane Valley, WA
Project Title: On Ca11 L@pection and ACAD designer Services
Maximum Amount Payable Per Task Assignment: $16,942.00
Completion Date: Decem 31, 2009
Description of Work:
(Note attachments and give brief description)
Provide Auto CaA Design services and/or Fill-in Inspection services per attached April S. 2009 COSV Memo
Agency Proj ad Manager Signature:
Oral Authorization Date:
Date:
See Letter Dated:
r � A �, VA5
DOT Form 140 -M EF Fomud Task AeWpment
Revised OU
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.
111 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.
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 AG , 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 ".
Xil 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 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 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($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 fully 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 oli 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 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 "M4"
Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and
Exhibit "M4" is required only in AGREENENTS 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.
Page 7 of 8
In witness whereof, use parties hereto have executed this AGREEMENT as of the day ana year shown in the
"Execution Date" box on page one (1) of this AGREEMENT
By 0 0, By
Consultant 0440 - P MC Agency City of Spokane Valley
DOT Form 140 -089 EF
Revised 312008 Page 8 of 8
Exhibit A -1
Scope of Work
Project No
09-030
Documents To Be Furnished By The Consultant
DOT Form 140 -089 EF Exhibit A -1
Revised 6/05
Exhibit A -2
Scope of Work
(Task Order Agreement)
Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be
individually negotiated with the CONSULTANT. The amount established for each assignment will be the
maximum amount payable for that assignment unless modified in writing by the AGENCY. The AGENCY is
not obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY'S and
CONSULTANT'S obligations hereunder are limited to tasks assigned in writing. Task assignments may
include but are not limited to, the following types of work:
A. Broadway / Fancher PCC Intersection Project Inspection services
B. On -Call AutoCad Design Services and fill in inspection services
C. Broadway Rehabilitation Project - Phase 2 Inspection services
D.
E.
F.
Task assignments made by the AGENCY shall be issued in writing by a Formal Task Assignment Document
similar in format to page 2 of this exhibit.
An assignment shall become effective when a formal Task Assignment Document is signed by the
CONSULTANT and the AGENCY, except that emergency actions requiring a 24 -hour or less response can be
handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment
Document within four working days, and any billing rates agreed to orally (for individuals, subconsultants, or
organizations whose rates were not previously established in the AGREEMENT) shall be provisional and subject
to final negotiation and acceptance by the AGENCY.
DOT Form 140 -080 EF Exhibft A -2
Revised 8/05
Formal Task Assignment Document
Task Number A
The general provisions and clauses of Agreement
Task Assignment
09 -030 shall be in full force and effect for this
Location of Project: Broadway / Fancher PCC Intersection, Spokane Valley, WA
Project Title: On Call Inspection and ACAD designer Services
Maximum Amount Payable Per Task Assignment: $40,488.00
Completion Date: December 31, 2009
Description of Work:
(Note attachments and give brief description)
Provide Inspection services per attached April 8, 2009 COSV Memo
Agency Project Manager Signature: D Date:
Oral Authorization Date: See Letter Dated:
Consultant Signature: W 0 ZY it"
Agency Approving Authority:
Date: y / 9/o9
Date:
DOT Form 140.089 EF Formal Task Assignment
Revised 6 /05
Form Task Assigpment Document
Task.-Nunibet. "B
The general pro oCAgredment '09-030 shall be iniful.1 force effect'Idethis
Task- Assignmefit,
Locition Spokane Valley W.A.
Project Title: Oh,Call , Inspection and'AiCADdesi erSe S e rv i ces rvices
Maximum Ani6uiit'PAyalil
Completion Date: Pecem.ber.
Description-of Work:,
(9qWattachment&and give-bri f*scripfibn
ad Desig ser and/or'FiRifi' fibn services per attached April 8,-'20,09 COSV Memo Trovidd, AutoC ign rvif jasp ec
Agency, cq'Mimager Signature:- Date:
OrAiAx6orizatioh Date: See'Letter Dated:
Date:: `�/��� f
,,Agency, Approving, Authority:, -Date.
DOY'FOrmUMi9 EFFbr6a[T0sk
, Revisid'OMS
Formal Task Assignment Document
Task Number C
The general provisions and clauses of Agreement
Task Assignment
09 -030 shall be in full force and effect for this
Location of Project: Broadway Avenue between Fancher Rd and Thierman Rd, Spokane Valley, WA
Project Title: On Call Inspection and ACAD designer Services
Maximum Amount Payable Per Task Assignment:
$40,488.00
Completion Date: December 31, 2009
Description of Work:
(Note attachments and give brief description)
Provide Inspection services per attached April 8, 2009 COSV Memo
Agency Project Manager Signature:
Oral Authorization Date:
Date:
See Letter Dated:
Consultant Signature: Date: YJ9,/gp'
Agency Approving Authority:
Date:
DOT Form 140 -089 EF Formal Task Assignment
Revised 8/05
Exhibit D -3
Payment (Negotiated Hourly Rate)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or
services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the
work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31.
1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made
part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month
period and shall be subject to negotiation for the following twelve (12) month period upon request
of the CONSULTANT or the 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.
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 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 MV, "Extra Work."
DOT Form 140 -088 EF Exhibit D-3
Revised 8/08
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 X N, "Extra Work" No minimum
amount payable is guaranteed under this AGREEMENTS. 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 E2 / Hourly Man -Hour 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 " Exhibit F / Breakdown of Overhead Cost contains confidential cost and rate
data and is withheld from public disclosure pursuant to 23 USC 112(2)(F).
Prenotification; confidentiality of data A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
You may petition for a review of our findings pertaining to any redacted or withheld documents
pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled " Exhibit G -1 -A / 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 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 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 AG
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 Forth 140 -089 EF EAU H
Revised 8/05
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.
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 Forth 140.089 EF Exhibit I
Revised 8105
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claims) 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 -069 EF Exhibit K
Revised 6/05
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. 09 -030
Local Agency
I hereby certify that I am and duly authorized
representative of the firm of Taylor Engineering, Inc. whose address is
firm I here represent has:
and that neither I nor the above
(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.
Date
Signature
DOT FForm14 8-/05 EF Exhibit M-1(a)
Exhibit M -1(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 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.
'4
ate
DOT Form 140 -088 EF Exhibit M -1(b)
Revised 8105
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 (1)
(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.
H. 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): Taylor Engineering, Inc.
'Ia Awww
(Signature) President or Authorized official of Consultant
DOT Form 140 -089 EF Exhibit M-2
Revised 8105
Exhibit M -3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm): Taylor Engineering, Inc.
Ii/l/op I
-og AM*W
(Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M-3
Revised 8106
Exhibit M-4
Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4)
submitted, either actually or by specific identification in writing, to the contracting officer or to the
contracting officer's representative in support of
are accurate, complete, and current as of
* *. This certification includes
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
Firm Taylor Engineering, Inc.
Name
Title Aw t�!! J
Date of Execution * **
* Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the appropriate identifying number (e.g., RFP No.).
* * Insert the day, month, and year when price negotiations were concluded and price agreement
was reached.
* * * Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
DOT Form 140 -089 EF Exhibft M-4
Revised 8/05
Supplemental Signature
Consultant/Address/Telephone
Taylor Engineering, Inc.
Page for
W. 106 Mission Ave.
Standard Consultant
Spokane, WA 99201
Agreement
Agreement Number
Project Title And Work Description
09 -030
On Call Inspection and ACRD designer
Services
Federal Aid Number
STPUL -3846 (006)
per scope described in April 8, 2009 COSV
scope memo.
Local Agency
City of Spokane Valley
THIS AGREEMENT, made and entered into this / 67 41pt day of 4W , 2009 ,
between the Local Agency of City of Spokane Valley 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
By �4i
Consultant / w o �/! �i ,� lit e.
10 N�
By
Consultant
LOCAL AGEN Y
By
Agency City of Spokane Valley
By
Agency
By
Agency
By
Agency
DOT Form 140.088 EF Appendix 91.910
Revised 6105
On Call Inspection and ACAD Designer Services Scope Memo - April 8, 2009
Task A Broadway / Fancher PCC Intersection Inspection Scope of Work
A. Inspection Prep=
Preconstruction Meeting
Inspector shall attend preconstruction meeting.
Project Setup and Review
The inspector shall review the project plans and specifications and familiarize himself
with the project. A document filing system will be set up.
B. Daily Inspection Work
The Inspector will act as the Engineer's observer of work in accordance with (SS) 1 -05.2.
He will complete the following tasks, and any other tasks requested by the Engineer.
Contract Documentation & Administration The Inspector will familiarize himself
with the Construction Manual; close attention should be paid to Chapters 1 and 10. These
chapters lay the groundwork for contract administration and documentation for federally
funded projects. The Inspector will familiarize himself with Chapters 52 & 53 of the
LAG Manual. The City will provide a filing system.
Preconstruction Meeting The Inspector will attend the Preconstruction Mtg at 10:00
Am, Tuesday, April 14th at Spokane Valley City Hall, Room 304.
Daily Report The project inspector will keep a daily diary per the Construction Manual,
and fill it out for each working day. He shall prepare and fax an Inspector Daily Report
to the City Public Works Department for Engineer Review by 8:00 am the following day.
Materials The City will review and approve submittals and create a field Submittal
Book. The City will provide the Inspector with a hard copy of the ROM for his use. The
Inspector will check all materials incorporated into the project for conformance to the
Specifications, the requirements of the submittal (QPLs and ROM). The City
Documentation Engineer will update the ROM.
Tickets The Inspector will collect all weight tickets and compile in an excel spreadsheet
all ticket daily totals. CSTC, Concrete, Asphalt are typical materials tracked by tickets.
Pay Notes Pay Notes shall be completed by Monday morning of the next week.
Progress Payments The City will provide a Pay Estimate Application spreadsheet
listing each bid item and quantity. The Inspector will review each bid item quantity with
On -Call Inspector Scope of Work
the Contractor's Superintendent and submit to the engineer a Pay Estimate that the
Superintendent has reviewed.
Materials Testing The Inspector will coordinate with the Contractor and schedule the
City's Consultant for Material Testing.
Traffic Control (Const. Manual (CM) 1 -2.3, Standard Specs. (SS) 1-10.2)
Inspector will review temporary traffic control installations for conformity with the plans
and specifications and coordinate with the Contractor to develop alternative plans.
Erosion Control & Water Pollution Control (CM 8 -1.1, SS 8 -01)
Inspector will review erosion control measures for conformity with the plans and
specifications.
Spill Prevention Control and Counter Measures Plan (SPCC) (CM 1 -2.2J (1),
SS 1- 07.15(1) Inspector will check that the SPCC materials are on site.
Change Orders (CM 1 -2.4C, SS 1 -04.4, Local Agency Guidelines (LAG) 52.5)
The Inspector will identify Change Order situations and work with the Engineer to
develop solutions to the problem. This may include taking field measurements, drawing
field sketches, calculating quantities or working with property owners or representatives
of utilities or other Local Agencies.
Force Account Work (CM 1 -2.41), SS 1 -09.6)
The Inspector will identify all equipment, personnel and materials used in Force Account
work. He will log all equipment, personnel hours and insure each force account sheet is
signed by the contractor and project inspector.
Employee Interviews (CM 1 -2.6C (3), SS 1 -07.9)
The Inspector will conduct employee interviews for the prime and all subs working on a
day. The day will be determined by the Engineer and the forms will be supplied by the
City.
C. Project Closeout
Closeout Document Review
Perform in -house document review. Coordinate project finalization with City and submit
final document package.
D. Extra Services
Supplemental Inspection
Supplemental inspection will be performed by the inspector if contract days are extended
for unforeseen reasons. We have anticipated an extra week for this.
Record Drawings
On-Call Inspector Scope of Work
Provide drafting service to complete record drawings based on inspector mark -ups.
Task B On -Call AutoCad Design Services and fill -in inspection work
A. AutoCad Designer
The designer shall be proficient in the use of Autocad 3D software and have a minimum
of five years of civil road design experience. The designer shall create drawings in
accordance with COSV standards or per City direction.
B. Fill-in Inspection Work
The Inspector will act as the Engineer's observer of work in accordance with (SS)1 -05.2.
He will complete the following tasks, and any other tasks requested by the Engineer.
Contract Documentation & Administration The Inspector will familiarize himself
with the Construction Manual; close attention should be paid to Chapters 1 and 10. These
chapters lay the groundwork for contract administration and documentation for federally
funded projects. The Inspector will familiarize himself with Chapters 52 & 53 of the
LAG Manual. The City will provide a filing system.
Daily Report The project inspector will keep a daily diary per the Construction Manual,
and fill it out for each working day. He shall prepare and fax an Inspector Daily Report
to the City Public Works Department for Engineer Review by 8:00 am the following day.
Materials The City will review and approve submittals and create a field Submittal
Book. The City will provide the Inspector with a hard copy of the ROM for his use. The
Inspector will check all materials incorporated into the project for conformance to the
Specifications, the requirements of the submittal (QPLs and ROM). The City
Documentation Engineer will update the ROM.
Tickets The Inspector will collect all weight tickets and compile in an excel spreadsheet
all ticket daily totals. CSTC, Concrete, Asphalt are typical materials tracked by tickets.
Pay Notes Pay Notes shall be completed by Monday morning of the next week.
Materials Testing The Inspector will coordinate with the Contractor and schedule the
City's Consultant for Material Testing.
On -Call Inspector Scope of Work
Traffic Control (Const. Manual (CM) 1 -2.3, Standard Specs. (SS) 1 -10.2)
Inspector will review temporary traffic control installations for conformity with the plans
and specifications and coordinate with the Contractor to develop alternative plans.
Erosion Control & Water Pollution Control (CM 8 -1.1, SS 8 -01)
Inspector will review erosion control measures for conformity with the plans and
specifications.
Spill Prevention Control and Counter Measures Plan (SPCC) (CM 1 -2.2J (1),
SS 1-07.15(l) Inspector will check that the SPCC materials are on site.
Change Orders (CM 1 -2.4C, SS 1 -04.4, Local Agency Guidelines (LAG) 52.5)
The Inspector will identify Change Order situations and work with the Engineer to
develop solutions to the problem. This may include taking field measurements, drawing
field sketches, calculating quantities or working with property owners or representatives
of utilities or other Local Agencies.
Force Account Work (CM 1 -2.4D, SS 1 -09.6)
The Inspector will identify all equipment, personnel and materials used in Force Account
work. He will log all equipment, personnel hours and insure each force account sheet is
signed by the contractor and project inspector.
Task C Broadway Rehabilitation Project - Phase 2 Inspection Scope of Work
A= oection Preparation
Preconstruction Meeting
Inspector shall attend preconstruction meeting.
Project Setup and Review
The inspector shall review the project plans and specifications and familiarize himself
with the project. A document filing system will be set up.
B. Ins ection Work
The Inspector will act as the Engineer's observer of work in accordance with (SS) 1 -05.2.
He will complete the following tasks, and any other tasks requested by the Engineer.
Contract Documentation & Administration The Inspector will familiarize himself
with the Construction Manual; close attention should be paid to Chapters 1 and 10. These
chapters lay the groundwork for contract administration and documentation for federally
funded projects. The Inspector will familiarize himself with Chapters 52 & 53 of the
LAG Manual. The City will provide a filing system.
On -Call Inspector Scope of Work
Preconstruction Meeting The Inspector will attend the Preconstruction Mtg at 10:00
Am., Tuesday, April 14th at Spokane Valley City Hall, Room 304.
Daily Report The project inspector will keep a daily diary per the Construction Manual,
and fill it out for each working day. He shall prepare and fax an Inspector Daily Report
to the City Public Works Department for Engineer Review by 8:00 am the following day.
Materials The City will review and approve submittals and create a field Submittal
Book. The City will provide the Inspector with a hard copy of the ROM for his use. The
Inspector will check all materials incorporated into the project for conformance to the
Specifications, the requirements of the submittal (QPLs and ROM). The City
Documentation Engineer will update the ROM.
Tickets The Inspector will collect all weight tickets and compile in an excel spreadsheet
all ticket daily totals. CSTC, Concrete, Asphalt are typical materials tracked by tickets.
Pay Notes Pay Notes shall be completed by Monday morning of the next week.
Progress Payments The City will provide a Pay Estimate Application spreadsheet
listing each bid item and quantity. The Inspector will review each bid item quantity with
the Contractor's Superintendent and submit to the engineer a Pay Estimate that the
Superintendent has reviewed.
Materials Testing The Inspector will coordinate with the Contractor and schedule the
City's Consultant for Material Testing.
Traffic Control (Coast. Manual (CM) 1 -2.3, Standard Specs. (SS) 1 -10.2)
Inspector will review temporary traffic control installations for conformity with the plans
and specifications and coordinate with the Contractor to develop alternative plans.
Erosion Control &'Water Pollution Control (CM 8 -1.1, SS 8 -01)
Inspector will review erosion control measures for conformity with the plans and
specifications.
Spill Prevention Control and Counter Measures Plan (SPCC) (CM 1 -2.2J (1),
SS 1- 07.15(1) Inspector will check that the SPCC materials are on site.
Change Carders (CM 1 -2.4C, SS 1 -04.4, Local Agency Guidelines (LAG) 52.5)
The Inspector will identify Change Order situations and work with the Engineer to
develop solutions to the problem. This may include taking field measurements, drawing
field sketches, calculating quantities or working with property owners or representatives
of utilities or other Local Agencies.
On -Call Inspector Scope of Work
Force Account Work (CM 1 -2.41), SS 1 -09.6)
The Inspector will identify all equipment, personnel and materials used in Force Account
work. He will log all equipment, personnel hours and insure each force account sheet is
signed by the contractor and project inspector.
Employee Interviews (CM 1 -2.6C (3), SS 1 -07.9)
The Inspector will conduct employee interviews for the prune and all subs working on a
day. The day will be determined by the Engineer and the forms will be supplied by the
City.
CC =ject Closeout
Closeout Document Review
Perform in -house document review. Coordinate project finalization with City and submit
final document package.
D. Extra Services
Supplemental Inspection
Supplemental inspection will be performed by the inspector if contract days are extended
for unforeseen reasons. We have anticipated an extra week for this.
Record Drawings
Provide drafting service to complete record drawings based on inspector mark -ups.
ACOR
CERTIFICATE OF LIABILITY INSURANCE
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T 15 OEEiTiFICAT S 1S I$SUED AS A M
ONLY AND CONFERS NO RICHT9 UPOItir
IObbie S Prentice,
USI Co
HOLDER. THIS IWIFICAT6 0095 NOT
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ALT ER THE CO VERA GE A#F BY'
Seattle, WA 98111
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1 2013441430
: pEkONAA ADV IMURY
INSURERS AFFORDING C2, ®I=
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Taylor Engineering. Inc;
100 W Mission Avenue
Spokane, WA 99201
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THE POugES
ANY I ;tWWREMENT
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OF WWR LISTED eaOW HAV'k BEEN wSUED TO fHE INIKRM NAMED ABOVE FOR THE PdWY KkOb INtJICATED. A�TVYiT1 TANIDINO
TEFW t7R CONDMON oI: ANY coNTRAc r oft oTrtm DOCUMENT WITH "ro wHICH'� ItrATE MAY BE I t;ri OR
TmE wWRANm Aff 4 omED 1AY THE POUCIES DESCR®E1 HEREIN 13 �SUBIECT�T0 ALLTM TERMS. OPRS ARID CON[DM OF SUCH
AGGREGATE UMITSSHOWN MAY HAVE HEENI REDUCED BY PAID CLAIMS.
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DUtWqMOFCPMATWM ILWATOW IVEHXUMIWMUUWMAWWIWbWCRSEKWI=nB=PROVOM
City of Spokane Valley Is named a; an Additional irwuned on the General
Llabliity policy with respects to work being perch rmed by the Named
Insured.
Ctty of Spokane Valley
11707 E Sprague Ave,
Spokane, WA 99216
25 RM108) of 2 #=77065IM3333609
LD AW LF "M ASOVE DESOMED POLICIES NO LJ X CULE 0 6 FUME THE OPM 1
� ro me L�sgocarL� Lt:OLDl3i L�fAli® THe L[s�'F'. _ .
IWJU a ACORD CORPQRAMON 1988
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IMPORTANT
It the cerditate"hdtdeels AW111ON&ANSURED,Ahe pollcypes)'Muit be 4fid6rW. A statement l
, the
, - - i - I hol - . .
on cerfiffcateAces not such drWaiserridh9s).,
If, 4YBROOATION IS" WAIVED. dubldid the and, candilons ofthe policy, certain
`poildes may
rqqujnt an apdor;ament A statement on this verfte?w does 'not confer khts 'to the oertlftckte
fielder In, lloq of such.,endorsemenlK
DISCLAIMER
Ceit'lffcab of Insura an lhi,,revOrsip side -of thi forma does .constltuW a co dredt(,
th - _. — t
I - I . pdt. . . . r . -betweeft,
the Issuft hm*s),. 80ft sepres&OAsWe,& pm.dt!C&.-*%d ` AM Uolder. nor d it
FW1 ' C6 date 1 .0" �
:Wwrmatively.-w ridgativeii, 6d 6fitid oi,altdr,thd o6verage dffor46d,,by,tho
amen
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COMMERICAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies Insurance provided under the following:
COMMERCIAL. GENERAL LIABILITY COVERAGE PART
A. The following is added to WHO 13 AN INSURED
(Section I*:
Any person of organization that you ages in a
"contraaict or agreement requiring Insurance" to In-
dude as an additional insured on this Coverag6
Part, 'but only with respect to liability for ",bodily in-
)uryu, "properly damage" or "personal Injury"
caused, In whole or in part, by your vets or omis-
sions or the acts or omissions of those acting on
your behalf.
a. in the performance of your ongoing opera-
tions;
b. Irt connection with premises owned by or
rented to you; or
c. in connection with "your woW and included
w11thin the "products- completed operations
hazard ".
Such person or organization does not qualify as
an additional insured for "bodily Injury", " property
damage" or 'personal injury" for which that per-
son or organization has assumed liability in a con-
tract or agreement.
The insurance provided to such additional Insured
is limited as follows:
d.
B.
f.
This insurance does not apply on any basis to
any person or organization for whtc h cover-
age as an additional Inured specifically Is
added by another endorsement to this Cover-
age Part.
This insurance , does not apply to the render -
Ing of or failure to render any "professional
sbivlces".
The limits of Immnoe afforded to the acldi-
tlonal Insured shall be the limits which you
agreed In that "contract or agreement requir-
Ing insurance" to provide for that additional
insured, or the limits shown In the Declam-
tions for this Coverage Part, Whichever are
less. This endorsement does not Ingle the
limits of Insurance stated In the LIMITS OF
INSURANCE (Section 111) for this Coverage
ParL
S. The following Is added to Paragraph e. of 4.
Other Insuranoe Iri COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section III):
floweyer if you specifically agree in a "contract or
agreement requiring insurance" that the Insurance
provided to an additional Insured under this Cov-
erage Part must apply on a primary basis, or a
primary and non-contributory basis, this Insurance
Is prima r� to other Insurance that Is available to
such additional insured whim covers such addl-
#Qnal insured as a named insured, and we will not
share with the otherlpsurance, prWded that:
(1) The "bodily injury" or "property dat'page" for
which Wveritge Is sought amours; and
(2) The "persansl injury' foe which garage Is
sought arises out of an offense c:ornnnitied;
after you have entered Into that 6 contMc t or
agreement rdq ing Insurence ". But this Insur-
ance sQII . Is excebs, over valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis. that Is evallable to the Insurers
when the Insured Is an additional Insured under
any other insurance.
C. The following Is added to Paragraph B. Transfier
Of Rights Of (Recovery Against Others To Us
In COMMERCIAL. GENERAL LIABIEITY CON-
DITiONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for " bodily In jury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, under
a "contract or agreement requiring insurance" with
that person or organization. Wd waive these
rights only Whefe you have ag reed to do so as
part of the 'doontrelct or agreement requiring insur-
ance" wlih such person or organl;eq1Igh entered
Into by you before, and In effect when, the "bodily
CO D3 8109 07 ® 2007 The Travelers Companies, inc. Page 1 of 2
Includes the copyrighted maiedef of Insurance Services Oft e. Inc., with its perrnission.
COMMERICAL GENERAL LIABILITY
_ I
injury," dr" "property dama 6 09"%i o
o r the "per -
""
sonal Ini W offbnse Is comm
Di The' DEFINITIONS
definiflor! Is od*� to DEFIN
° (;ontraqt or -a
_ requiring frisul
insane that part of phy vontract, or'a unr
der w, 10h,'ypdilus�u,reWlrdd toj cfudil',q person - or
otganilzatiomes an -add gonal' dov.
eh3r99-.,,Part that the . "bodily injury" and
l!Ot dimagi3u occurs and, ili6 "personal In-
j6rywjs cEiusedby-.ah:dffense,committed:
.M. fflWr you have that contract - or
agrw
b.. While that ,part pf,,the,contract Is.
In - effect; ; arid
Ci Before , the ,end oflhe
pe
.
Pads 2 6f ig 2007'Thd Travelers CompbfilesIhm COM 04 & 07
ht j 0 !,I' -- - m, S - Mobs Office 'fts, poMsslon..
Indudes- the copydg nsur
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