10-057.00 Taylor Engineering: AutoCAD Design & Inspection SvcsLocal Agency
Standard Consultant
Agreement
® Architectural /Engineering Agreement
❑ Personal Services Agreement
10 -019
Federal Aid Number
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
PH: (509) 328 -3371 FX: (509) 328 -8224
Project Title And Work Description
On -Call AutoCAD Design and Construction
Inspection Services.
Scope
Work as described in April 20, 2010 Scope Men
DBE Participation
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Federal ID Number or Social Security Number
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Do you require a 1099 for IRS? Completion Date
El Yes ® No Deceuibex 31, 2011
Total Amount Authorized $ 90,000.00
Management Reserve Fund $
9,000.00
Maximum Amount Payable $
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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 ofData
❑ 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 Agreement
® Exhibit 7 Alleged Consultant Design Error Procedures
® Exhibit K Consultant Claim Procedures
❑ Exhibit L Liability Insurance Increase
® Exhibit M -la Consultant Certification
® Exhibit M -lb Agency Official Certification
® Exhibit M -2 Certification - Primary
❑ Exhibit M -3 Lobbying Certification
❑ Exhibit M -4 Pricing Data Certification
® App. 31.910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this C 7 f day of 2010 ,
between the Local Agency of City of Spo crane Valley , Washington, he=reinafter called the "AGENCY",
and the above organization hereinafter called the "CONSULTANT'.
DOT Form 140.089 EF
Revised 312008
Consuitant/Address / relephone
Taylor Engineering, Inc.
106 W. Mission Ave.
Spokane, WA 99201
Page 1 of 8
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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 willvigness to fiunish 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.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exliibit "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/4'VBE 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 PIan ". 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 ofthe 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 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
in relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "II" 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 die
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT, provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K ".
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, die 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 othervise 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'2 '. In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
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The AGENCY will pay no progress payments under Section V until die 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 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 work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions,
Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4"
Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and
Exhibit "M -4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by 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.
By By
Consultant A.-ly`or & /r1 �`[� Agency City o£Spokane Valley
DOT Form 140 -089 EF
Revised 312008 Page 8 of 8
Exhibit A -1
Scope of Work
Project No.
(-Call AC'.An ne er Senineq nd Cnrlefniction Tnent+ction SerY1Cg er gttacbed ADdl 7n ')-01 n
Srnne M-emn
Documents To Be Furnished By The Consultant
The documents firrnished by the C'ons,1 an be r the attarhed April 20, 9,01 {1 Memo
DOT Form 140.089 EF ExhibItA -1
Revised 6105
Formal Task Assignment Document
Task Number A
The general provisions and clauses of Agreement 10 -019 shall be in full force and effect for this
Task Assignment
Location of Project: Spokane Valley
Project Title: On -Call AutoCAD Design and Construction Inspection Services.
Maximum Amount Payable Per Task Assignment: $49,500.00
Completion Date: December 3l, 2011
Description of Work:
(Note attachments and give brief description)
Provide AutoCAD and Design Services per the attached April 20th Scope Memo
Agency Project Manager Signature:
Oral Authorization Date:
Consultant Signatur
Agency Approving
Date:
See Letter Dated:
Date:
Date: 3
DOT Form 140.089 EF Formal Task Assignment
Revised 6105
Formal Task Assignment Document
Task Number B
The general provisions and clauses of Agreement
Task Assignment
10 -019 shall be in full force and effect for this
Location of Project: Spokane Valley
Project Title: On -Call AutoCAD Design and Construction Inspection Services.
Maximum Amount Payable Per Task Assignment: $49,500.00
Completion Date: December 31, 2011
Description of Work:
(Note attachments and give brief description)
Provide Construction Inspection Services per the attached April 20th Scope Memo
Agency Project Manager Signature:
Oral Authorization Date:
Consultant Signatui
Agency Approving
Date:
See Letter Dated:
Date: �� ZZ I O
Date: S 7 3V O
DOT Form 140 -089 EF Formal Task Assignment
Revised 6105
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
other %vise 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 PROTECT.
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 X1V, `Extra Work,"
DOT Form 140 -089 EF Exhibit D -3
Revised 6108
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 X1V, "Extra Work." No minimum
amount payable is guaranteed under this AGREEMENT.5. Monthly Progress Payments: Progress
payments may be claimed on a monthly basis for all costs authorized in I 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 eared
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment, which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and
at the time of final audit, all required adjustments will be made and reflected in a final payment. In
the event that such final audit reveals an overpayment to the CONSULTANT, the
CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice
of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT
has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3) years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following
exception: if any litigation, claim or audit arising out of, in connection with, or related to this
contract is initiated before the expiration of the three (3) year period, the cost records and accounts
shall be retained until such litigation, claim, or audit involving the records is completed.
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled " Exhibit E -2 / Consultant Fee Determination — Summary Sheet contains
confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC
112(2)(F).
Prenotification; confidentiality of data A recipient of funds requesting or using the cost
and rate data shall notify any affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole or in part, to another firm or to any
government agency which is not part of the group of agencies sharing cost data under this
paragraph, except by written permission of the audited firm. If prohibited by law, such cost and
rate data shall not be disclosed under any circumstances.
You may petition for a 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 / Overhead Rate 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:
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 pail of this AGREEMENT.
2. Non - discrimination: The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub - consultants, including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub - contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and/or;
• Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140.089 EF Exhibit H
Revised 6105
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 Form 140 -089 EF Exhibit I
Revised 8105
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Highways and Local Programs
Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or
Agency Engineer may appoint an agency staff person other than the project manager, who has not been
as directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 - Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and
descriptions of work; photographs, records of labor, materials and equipment.
Step 3 — Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
etror(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub - consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 — Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case, then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this
is the case, then the Director of Public Works or Agency Engineer, or their
representatives, negotiate a settlement with the consultant. The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H &LP, through the Region
DOT Revised -05 EF Exhibit J
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements. No
further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design errors) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 — Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded
through the Region Highways and Local Programs Engineer to H &LP for their review and
consultation with the FHWA. H &LP will meet with representatives of the agency and the
consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If
necessary, H &LP will request assistance from the Attorney General's Office for legal
interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the iss
If mutual agreement
by arbitration or by
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 Revised 140-089 EF Exhibit K
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall 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 d — 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
I hereby certify that I am
a? ArC'.4s0 4
and duly authorized
representative of the firm of Taylor Engineering, Inc. whose address is
�� 6 Ltl /�J e 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.
It Z t
Date
�A�
Signature
DOT Form 140 -089 EF Exhibit M-1 (a)
Revised 8105
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 film or person; or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date
-,004
Signature
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6105
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)
(B). of this certification; and
Q
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 o
certification, such prospective participant shall attach an explanation to t
Consultant (Firm): Taylor Engineering, Inc.
9, ZZ /o
(Date)
DOT Form 140.089 EF Exhibit M -2
Re%lsed 6!05
��� , � 1 ,
(Signature) President or Authorize
Supplemental Signature
Consultant/Address/Telephone
Page for
Taylor Engineering, Inc.
106 W. Mission Ave.
Standard Consultant
Spokane, WA 99201
Agreement
Agreement Number
Project Title And Work Description
10 -019
On -Call AutoCAD Design and Construction
Federal Aid Number
Inspection Services.
Scope of Work as described in April 20, 2010
Local Agency
City of Spokane Valley
THIS AGREEMENT, made and entered into this
day 2010
between the Local Agency of City of Spokane Valley Washington, her nafter 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
By i�G� %l/Z*ll�vl7
Consultant ��.f�!'/ty�;lePd� l9 �s� Agency City of 4okane Vall
By
Consultant
DOT Form 140.089 EF Appendix 31.910
Revised 6 /05
By
Agency
By
Agency
By
Agency
April 20, 2010
On Call ACAD Desiener Services and Construction inspection Scone Memo
Task A On -Call AutoCad Design Services
The designer shall be proficient in the use of Autocad Version 9 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; develop quantity and
cost estimates; create and edit specifications; assemble contract bid documents; and
provide drafting service to complete record drawings based on inspector mark -ups.
Task S On -Call Construction 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.
Scope of Work for On -Call Designer and Inspector
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- 2.21(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 -2.4D, 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.
TAYLOENG
ACORD CERTIFICATE OF LIABILITY INSURANCE
04/22/10 (MMIDDIYYYY)
PRODUCER
Kibble & Prentice, a USI Co.
P.O. Box 370
Seattle, WA 98111
206 441 -6300
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Taylor Engineering, Inc.
106 W Mission Avenue
Spokane, WA 99201
INSURER k. Travelers Indemnity Company of CT
25682
INSURER B: Travelers Indemnity Company
25658
INSURERc: Hudson Insurance Company
25054
INSURER D:
68082581 -286
INSURER E:
02/24/11
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATE
PD ATE MMIDDIYY EXPIRATION
LIMITS
A
GENERAL LIABILITY
68082581 -286
02/24/10
02/24/11
EACH OCCURRENCE
$10
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
$1, 000 000
MED EXP (Anyone person)
$10,000
CLAIMS MADE a OCCUR
PERSONAL & ADV INJURY
$1,000,000
GENERAL AGGREGATE
$2 000 OOO
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
s2
POLICY X PRO- LOC
JECT
A
AUTOMOBILE
LIABILITY
ANY AUTO
BA8254L171
02124/10
02/24/11
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
B
EXCESSIUMBRELLA LIABILITY
_ X1 OCCUR CLAIMS MADE
CUP8452Y816
02/24110
02/24/11
EACH OCCURRENCE
$2,000,,000
AGGREGATE
s2,000,000
$
DEDUCTIBLE
$
X RETENTION $ 10000
A
WORKERS COMPENSATION AND
68082581_286
02/24/10
02124/11
WC S`
TA X OTH-
EMPLOYERS' LIABILITY
ANY PROPRIETORlPARTNERlEXECUTIVE
(WA Stop Gap)
E.L. EACH ACCIDENT
$1 00O 000
E L. DISEASE - EA EMPLOYEE
$1,000,000
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT 1 $1,000,000
C
OTHER Professional
AEE7123205
03124110
03/24/11
$1,000,000 per claim
Liability
$1,000,000 annl aggr.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: 2010 On -Call Services.
City of Spokane Valley is named as an Additional Insured on the General
Liability policy with respects to work being performed by the Named
Insured.
City of Spokane Valley
Attn: Craig Aldworth
11707 E. Sprague Ave., Suite 106
Spokane, WA 99216
LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER WILL RA 79 O,"RX4t MAIL _._3O_ DAYS WRITTEN
:E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,AXXR* X
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001108) 1 of 2 #S4335025/M4321393
MXTJU O ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 -S (2001108) 2 of 2 #S4335025/M4321393
SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY
In the Matter of:
REQUEST FOR QUALIFICATIONS
(RFQ) #09-055
City of Spokane Valley
Engineering Design & Construction
Mgmt Services for Road Construction
STATE OF WASHINGTON
County of Spokane
A..
fh,~ y r.
j
)Ss.
MICHAEL HUFFMAN , being first duly sworn on oath deposes and says that he is the EDITOR , of The Spokane
Valley News Herald, a weekly newspaper. That said newspaper is a legal newspaper and it is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as a weekly newspaper in
Spokane County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of
publication of said newspaper, which said newspaper had been approved as a legal newspaper by order of the Superior Court of the
State of Washington in and for Spokane County. That the following is a true copy of a public notice as it was published in regular
issues commencing on the 6th day of November, 2009, and ending the 13th day of November, 2009 all dates inclusive, and that
such newspaper was regularly distributed to its subscribers during all of said perio :
CITY OF SPOKANE VALLEY /
Public Works Department / i
REQUEST FOR QUALIFICATIONS (RFQ)
#09-055
RIBED a SWORN to before me
Engineering Design n and Construction
Management Services for
Road Construction Projects this 13th day of November, 2009.
The City of Spokane Valley seeks several
qualified engineering consultants to complete
the design of four (4) road design and construc-
tion projects. The designs will include working
closely with city staff on the development of
plans, specifications, and estimates for a public
bid for construction. The Projects involve design
for improvements on Argonne Road, Broadway
Avenue, Pines Road and Sprague Avenue.
The Argonne Road project involves traffic signal
upgrades at Montgomery Avenue and Knox
Avenue. The Broadway Avenue project will
reconfigure Broadway to a three-lane section
with a center turn lane and bicycle lanes. The
Pines Road and Sprague Avenue projects are
Intelligent Transportation System projects and will
install conduit and fiber optic cable for communi-
cation to traffic signals. The construction of the
Argonne Road, Pines Road and Sprague Avenue
projects are anticipated to be federally funded.
Federal EEO requirements apply. The City of
Spokane Valley encourages disadvantaged,
minority and women-owned consultant firms to
respond. RFQ documents can be downloaded
from the City's website at www.spokanevalley.
org or may be picked up at the City. Submit an
original plus four (4) duplicate copies of the pro-
posal by 5:00 PM (local time), Friday, November
20, 2009. Proposals should be delivered to City
of Spokane Valley Public Works Department,
11707 E. Sprague Avenue, Suite 106, Spokane
Valley, Washington 99206-6124. Persons with
disabilities may request this information be pre-
pared and supplied in alternate forms by calling
509-921-1000.
The Recipient, in accordance with Title VI of
the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 2000d to 2000d-4 and Title 49, Code of
Federal Regulations, Department of Transpor-
tation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination in Federally-assisted
programs of the Department of Transportation
issued pursuant to such Act, hereby notifies all
bidders that it will affirmatively ensure that in any
contract entered into pursuant to this advertise-
ment, disadvantaged business enterprises as
defined at 49 CFR Part 23 will be afforded full
opportunity to submit bids in response to this
invitation and will not be discriminated against
on the grounds of race, color, national origin, or
sex in consideration for an award.
Christine Bainbridge, CMC
Spokane Valley City Clerk
11/6 & 11/13
State of Washington
County of Spokane
No.
AFFIDAVIT OF PUBLISHING
NOTICE
I certify that I know or have satisfactory evidence that
Michael Huffman is the person who appeared before
me, and said person acknowledged that he signed
this instrument and acknowledged it to be his free
and voluntary, act for the uses and purposes men-
1MI
Jolene Rae Wentz
Title: Notary Public
My appomi tment expires: 5-16-11
4 12_~ , 910
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