08-025.00 Ruen-Yeager & Associates: Fancher Broadway PCC Intersection SurveyLocal Agency
Standard Consultant
Agreement
g
Consukant/AddressfFelephone
Ruen- Yeager & Associates, Inc.
3201 N. Huetter Rd.
Coeur d'Alene, ID 83814
Ph: (208) 292 -0820 Fx: (208) 292 -0821
® Architectural /Engineering Agreement
❑ Personal Services Agreement
Agreement Number
07- 028(2)
Project Title And Work Description
FancherBroadway PCC Intersection Survey
Provide Topographic survey within 300 feet of the
Federal Aid Number
STPUL- 3846(006)
intersection per Ruen- Yeager December 21, 2007
Broadway and Fancher Intersection Scope of Services
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
for Topographic Survey and Mapping
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate %
DBE Participation
❑ Yes ® No %
Overhead Cost Method
Federal ID Number or Social Security Number
❑ Actual Cost
CTED
Do you require a 1099 for IRS?
N Yes ❑ No
Completion Date
February 21, 2008
F1 Actual Cost Not To Exceed %
❑ Fixed Rate %
Fixed Fee $
® Specific Rates Of Pay
Total Amount Authorized $ 9,800.00
® Negotiated Hourly Rate
Management Reserve Fund $ 980.00
❑ Provisional Hourly Rate
Maximum Amount Payable $ 10,780.00
❑ Cost Per Unit of Work
Index of Exhibits
Exhibit "A" - Scope of Work
Exhibit "B" - DBE Participation
Exhibit "C" - Electronic Exchange of Engineering and Other Data
Exhibit "D" - Payment (by Agreement Type)
Exhibit "E" - Consultant Fee Determination
Exhibit "F" - Breakdown of Overhead Cost
Exhibit "G" - Subcontract Work/Fee Determination
Exhibit "If'— Title VI Assurances
Exhibit "r' — Payment Upon Termination of Agreement
Exhibit "F'— Alleged Consultant Design Error Procedures
Exhibit "K'— Consultant Claim Procedures
Exhibit "I:'— Liability Insurance Increase
Exhibit "W'— Certification Documents
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
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.
THIS AGREEMENT, made and. entered into this day ofd/ day,
between the Local Agency of ( ��2 {s - -, Washington, hereinafter called the "AGENCY" ,
and the above organization hereinafter called The "CONSULTANT"
DOT Form 140 -089 EF
Revised 6/05
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C08 -25
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WITNESSETH 'rH.A'I':
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WH ER.EAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable
and desirable to engage the assistance ofa 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 (allows:
I General Description of Work
The work under this AGREEMENT shall consist of the. above described work-and services as herein defined and necessary to
accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related
equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
11 Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by
this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with
the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by
the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT
participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT
and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the wort: 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 SUBCONSU L TANT, 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 iJusiness 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/i 41WBE 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 ]'unction (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, PSB.E materials, and other data fiirnished 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 tiles, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and
are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any
such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the
CONSULTANT.
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IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may
be extended by the AGENCY in the event of 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 AGREE=MENT
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 OtTiee 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 fbr 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 Progrtuns 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 consquence ofany act or omission on the part of the CONSULTAN'T'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 CONSULT'AN'T 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 die
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 USG Chapter 126 Scctlon 12101 et. seq.)
WX6I A' lJ -1IW%
23 CPR 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 lenses 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 "1" for the type of AGREEMENT used.
No paymient 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 br 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, die 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 temnination, 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 fbr 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.
Ln the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to die PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the
terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of
the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to tenninate this AGREEEMENT, 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 word: or parts thereof
changed or revised, the CONSUL'17ANf 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. Ifthe parties to this AG IiEEM:ENT mutually agRec, disputes concerning alleged
design errors will be conducted under dne procedures found in Exhibit ") ", and disputes Concerning claims will be
conducted under the procedures found in Exhibit "IC ".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation
under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of
Washington, situated in the county in which the AGENCY is located. 'llne parties hereto agree that all questions shall be
resolved by application of Washington law and that die 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. `line 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 tie 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 die 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 perfbrm 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 (S2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars (S 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
CONSIJ LTANT 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.
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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 AGREL'•ML"NT, 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.
E. 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
AGREEMENIT 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 (Q) 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 ofTransportation 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 S 100,000 and Exhibit "M-4" is
required only in AGRL•`L`MENTS 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 shulI not be bound by or be liable for, any
s .,tatement, 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 h3VB exec 4i led this AGREEMENT as of the day and year shown in the
"Executbn Date" box on page one (1) of this AGREEMENT.
By
Jz
4/54ppt-/ e - f
Consultant Ruen - Yeager & Al ,sociates
lay
Agency City of Spokane Yak
o0Y Form NO-COS EF PBge $ 4i S
Roosea Oros
• s
Formal Task Assignment Document
Task Number A
The general provisions and clauses of Agreement 07- 028(2) shall be in full force and effect for this
Task Assignment �^
Location of Project: Intersection of Faucher St and Broadway Avenue in City of Spokane Valley, WA
Project Title: Fancher/Broadway PCC Intersection Survey
Maximum Amount Payable Per Task Assignment: $9,800.00
Completion Date: / yr" I q ;2�0 $ J`
Description of Work:
(Note attachments and give brief description)
See attached Ruen- Yeager Scope Letter for the Faucher I Broadway Pcc Intersection Survey dated December 21 ,
2007.
Agency Project Manager Signature:
Ural Authorization Date:
Consultant Signature:
Agency Approving A
Date:
See Letter Dated:
DOT Forth 14x089 EF Formal Ta9k AssIg ment
Reefed SM
Date: 212 % /C�
Date:�� O
0 0
Exhibit A -1
Scope of Work
Project No. s,rPUL- 3846(006)
Topographical_ S. ur _ve_y_for_1= ancherlBroad,vNay Intersection= per-Ruen _Yeager-Scope_oFSer_viees -for
Topograph)�- S.un�e_y_ andl vlapping_dated- December21,2001. _—
RYA- shall-call. for - locates_ andl ecord-thelocatiomof-undergiound _utilit , paint.mar_ks.
R_YA NN711_ subcontract. the, necessar y - traffic- controLto-Traffi-Corp
Documents To Be Furnished By The Consultant
Electroni.e_draN,v:ing in_Auto_CAD; vers..5.0-or_ later_ with -_ contour_ interVal�th _proje.et_data_and_drawing
filesinc].uding_T - S,_ DTM 's ;_alignments.and_breaklines.
2.4 "xi6"bond- copies_of-tlie dm-,N ngs _at20_scale,--igned_and_dated_b -y aP-rofess .ional- Land_S.ur_v_ey_or`= ,
licensed-in-Washington. _ --
Data_col.l.ecto.r_f les, ASCII- point .tilc,_copies_ofalLfieldmotes.
DOT Form 140.089 EF ExWbit A -1
Revised 6M5
0 0
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 die 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. All work under this Contract shall be under Task A
B.
C.
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 -039 EF ExhiNt A -2
Revised 6105
;7
Exhibit D-3
Payment (Negotiated Hourly Rate)
C
The CONS ULTANT shall be paid by the AG.l NCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work per for3ncd or services
renderer) and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The
CON SU TANT shall conform to all applicable portions of 48 CF R Fart 3 1.
'H ourly Rates- The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated ho4Lrly rates shown in Ex h ibit "E" and "f=" attached hereto and by this reference made
part of this AG REEMENT_ The rates listed shat l be applicable For the first twelve (12) month period
and shall be subject to negotiation for the following cwe lve (12) month period 4ipon request of the
CON SIJIJANT or the AG ENC:Y. 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 AGI EMENT, or subsequent written authoriaation(s) ftrn the AGENCY shall be
utilized. The rates are inclusive of direct salaries, pa }Toll 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 tiwi11 be reimhursed at the Actual Cost to tilt
CONSULTANT. These Aarges may include, but are not limited to, the fo11owino, items= travel,
prin tin g, long distance telephone, supplies, computer charges and sub -consultant costs.
a. Subconsultant costs wiII include a Sub - Consultant Oversight mark -up of 49/0 as
allowed in accordance with 48 CFR. 31.2 Subconsultant casts including Oversight
Markup must be ilemized on the Subconsultant Fee Delermination - Summary
sheet attached as Exhjhit G - l_
b.Air or train travel wi11 be reimbursed only to coon omy class levels unless
otherwise approved by the AG ENC . The CONS ULTANT shall comply with
the rules and regulations re¢a.rding travel costs (excluding air, train, and rental
car costs) in accordance with the AG ENC Y 7 S Travel Rules and Procedures.
However, $i r, train; and rental car costs shall be reimhursed in accordance with
48 C F R Part 31.205 -46 `Travel Costs."
c. The billing for 1)irect Non -Salary Costs shall in6tide an ik rni7j,-d listing of
the charges directly identifiable wi[h the PROJECT_
d,The CONSULTANT shall maintain the original supporting documents in their
office_ Copies of the original supporting doe u3nents shall be supplied to the
AGENCY upon request_
c. All above charges must be necessary for the services provided under this
AG R.EEWENT_
DOT Form 144-099 EF Exhibit O -3
ReAsed 8107
Managen1weserve Fund: The AGENCY may desire to establish a Managen1weserve Fund to
provide tfWgreement Administrator with the flexibility to authorize additionallWids to the
AGREEMENT for allowable unforeseen costs, or reimbursing; the CONSULTANT for additional
work beyond that already defined in this AGREEMENT. Such authorizations) shall be in writing
and shall not exceed the lesser of S 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 trade in accordance
with Section XI V, "Extra Work."
4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEM=ENT 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.IV, "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 billing, for all direct non - salary
expenses. To provide a means of verifying the billed salauy 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 tin 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 AUDI'l' to begin the appeal process to the
AGENCY for audit findings.
7. Inspection of Cost Records: 'ire 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 / Statement of Direct Labor, Fringe Benefits, and General
Overhead" 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 G
Subcontracted Work
The AGENCY permits subcontracts For 1}he following portions of the work of this AGREEMENT:
Traffic-Control-Work -
DOT Form 140 -089 EF Exhibit G
Revised 6/05
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The page entitled "Exhibit G -1 / Subconsultant 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 G -2 / Subconsultant 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 G -3 / Breakdown of Subconsultants 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.
0 0
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSUL`1"A1N'T, for itself, its assignees, and successors in
interest agues 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 REGUL.ATiONS.
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 CONSUTTANT 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 (i=FIWA) to be pertinent to ascertain compliance with such
REGULA T IONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non- compliance: In the event of the CONSULTANT'S non - compliance with the
non - discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, dae 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 ExhiNt H
Revised 6105
0 0
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
C'
J
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 CONSUITANT 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 CONSUL"T"ANT 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 6;05
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 errors) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub - consultants)
deemed appropriate for the alleged design error(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 Form 14D-089 EF Exhibit J
Revised 6105
0 0
Local Progr uns Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements. No
further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step S — 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 I -I&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 &L P 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. I-I &LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement
by arbitration or by litigation.
9
Exhibit K
Consultant Claim Procedures
•
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. 'fhe 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.'fhe 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 "shy 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 Forth 140.089 EF Exhibi7 K
Revised 6105
i 0
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 Claims)
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
F14WA 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
claims) 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.
•
1 hereby ci:rlify that I am
Exhibit M-1(a)
Certification of Consultant
representative ofthe firm of Ruca- Yeager & Associates, Inc_
3201 Iii, Wetter Rd., Ceteur d' Alene, fl) $3814
firm l here repne milt-has'
0
Projectlh'o_ S']'YU1,3846 (00
Local Agency
and duly authorized
whose aLddresn is
and tlyat neitbCT. nor the above
(a) -Employed or relaincd for a commission, percentage, brokerage, contingent fce, or other
consideration, any firm or purson (otter than a bona f ide ernployee working Sol 0ly fog Irie or the
above CONSULTANT) in solioit or secure the l+GVERV1=NT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
serviw s of any firth or person in Ounrtection tivA carry irry, out this AGTZEF;iIv1L•N T, or
c} Praid, or agreed to pay, to aay firm, organisation or person (otter than a bona ridc cTnpEoyee
working solely for me or t is above CONSULTANT) any fee, contribusion, donation, or
c:onsideration of any kind for, or in connoctinn with, procuring or carrying out th hi AGKEEMENT;
except as hereby expressly stated (if an y);
I ack.nowItAgre that this certificate: is to be available 10 the Washington Sta tke Department of
Transpar1aiion and the Federal'Highwway Administrai:ion, U-S, Dawpartmentof Transportation ill
cormoction with this AGREEMENT involving participation of Fedaralzid higbwly funds, and is
subject ro app Iicablc S #etc snd Fcdera.l laws, both erirn inal and civil_
eta
ppf Form 740-069 EF ahlbil Wtifij
Revised 6105
rgnaktrre
•
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, WA ,
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 AGIkEEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal quid civil.
- = Date
DOT Form 140.069 EF ExhiW M-1 (b)
Revised 6105
Signature
C�
Exhibit M -2
C�
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
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.
1 -1. 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): Ruen- Yeager & Associates, Inc.
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140489 EF Exhibit M -2
Revised W05
THIS AGREEMENT, made and entered into this �_( day of , aQOp,
between the Local Agency of City of Spokane Valley, WA , Washington, hereinaft r 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
Consultant Ruen- Yeager & Associates
By
Consultant
DOT Fwm 140.0a9 EP Appendix 31.910
Revised 1109
LOCAL AGENG
ey
Agency City (o
By
Agency
By
Agency
By
Agency
Valley
Consultant/Add ress/Te lephone
Supplemental Signature I
R.uen- Yeager & Associates, Inc.
Page for
Standard Consultant
3201 1114. Huetter Rd.
Agreement
COeur d' fUene, ID 83814
Agreement Number
Project Title And Work Description
07- 028(2)
Fancher /Broadway PCC Intersection Survey
Provide Topographic survey within 300 feet of
Federal Aid Number
S'rI'UL- 3346(006)
the intersection per Ruen- Ycagcr December
21, 2007 Broadway and Fancher intersection
Local Agency J�
City or Spokane Valley, WA
Scope of Services for Topographic Survey and
THIS AGREEMENT, made and entered into this �_( day of , aQOp,
between the Local Agency of City of Spokane Valley, WA , Washington, hereinaft r 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
Consultant Ruen- Yeager & Associates
By
Consultant
DOT Fwm 140.0a9 EP Appendix 31.910
Revised 1109
LOCAL AGENG
ey
Agency City (o
By
Agency
By
Agency
By
Agency
Valley
•
RYA Inc.
Broadway and Fancher Intersection
Scope of Services for
Topography Survey and Mapping
Project Understanding
•
December 21, 2007
The project will include a topography survey of the Fancher/Broad—way Intersection. The limits
of the topographic' survey will include 300 feet in all four directions from the intersection. Tile
anticipated services will include survey control, existing monument ties, generation of V
contours' and locations of roads, curbs, sidewalks, fences, visible utilities, and driveways.
The requirement for a DNR Application and Land Comer Record to destroy and reset a
published monument will be specified as a task for the contractor. We will still tie additional
monuments beyond the site limits to allow the road centerlines to be developed from available
records of survey and plats.
Scope of Services
1. Topography Survey: Field surveys will be provided with sufficient detail and accuracy to
produce general topography mapping based on V contour intervals as follows:
a) Control will be based on available published horizontal and vertical monuments
referenced to the North American Datum of 1983 (NAD 83) and North American
Vertical Datum of 1988 (NAVD88). Identify horizontal and vertical control and a
bench mark held for the project. Include local control and benchmarks on site. GPS
methods will be utilized for section corner ties that are beyond the project limits.
b) Accessible boundary monuments along the perimeter of the mapping limits will be
located. for reference. Apparent right -of -way encroachments will be reported,
however, this task does not include boundary analysis.
c) Locate centerline, flow line at outside edge of concrete gutter (next to the asphalt and
away from die curb), top face of curb and back of walk at a maximum of 25 -30 foot
intervals. Within the intersection itself locate TIN shots roughly every 25 -30 feet.
Where the roadway is over 50 feet wide locate quarter- cro -,Rn TIN shots. Survey
liinits ,Mll extend 10 feet beyond back of walk or to existing fences where found.
Limits will be approximately 300 feet in each direction from the intersection.
d) Surface features will be located where visible and accessible within the mapping
limits including building comers, fences, surface utilities and poles, access roads and
surface structures.
e) Accessible underground features will be located from visible utility markers or utility
locator paint if present and selected manhole pipe inverts, drop inlets and culvert flow
lines will be located by request. Include all utilities (gas, power, water, san. sever,
P A20071P071076_BroadwayFancher100 Administration141 Proposa11071221 Scope for 1 of 3
Topo Survey.doc
0 0
RYA Inc. Deccmbcr 21, 2007
storm sewer, tv, etc) and iron within the intersection and within 10 feet from the back
of walk and stone sewer invert elevations. Utility potholing is not included.
2. Utility Coordination: RYA will be responsible for coordinating utility locates prior to
conducting the survey. Utility locates will be weather dependent for paint marks.
3. Traffic Control: RYA will subcontract the necessary traffic control to Trafficorp.
-- - - Trafficorp will supply the traffic control for the project which will include a- Traffic plan
and appropriate lane closures and signage to complete the survey work.
4. Expanded Monument Ties: Additional monuments of record will be tied beyond the site
limits to allow the road centerlines to be developed from available records of survey and
plats by city staff.
5. TopoerMphy Mapping: Survey data will be reduced and processed with sufficient detail
and accuracy to produce general topography mapping based on 1' contour intervals,
Features will be annotated for roads, fence tines, structures and utilities and benchmarks
held for the topography survey will be specified on the plans for future reference.
6. Submittal Format: RYA will provide data collector files, ASCII point file, copies of all
field notes, an electronic drawing in AutoCAD, version 2005 or later, relevant project
data and drawing files such as TINS, DTM's, alignments, and breaklines: Consultant
also to include 24" x 36" bond copies at a 50 scale, signed and dated by a Professional
Land Surveyor licensed in Washington and be suitable for the development of final road
design plans. Electronic copies of the AutoCAD version 2005 or later drawing file(s) in
accordance with City of Spokane Valley standards shall be provided to the City upon
completion of the survey drawing.
Proiect Coordination
This proposal is based on the following understandings deemed necessary for the completion of
the Scope of Services in an efficient and cost effective manner:
1. City will develop centerline and right of way mapping.
2. Scheduling may depend on weather or site conditions that may delay survey tasks.
3. Estimated time of completion is 21 calendar days from a notice to proceed.
4. A CD of a City of Spokane Valley prototype drawing, with the appropriate files, with a
read -me document, will be provided prior to this survey being conducted. The read -me
file will explain the location of certain files so point descriptions and line types will
match the provided code sheet.
P:120071Y071076 BroadwayFanchcrt00 Administration101 Proposa11071221_Scope for 2 of 3
Topo Survey.doc
RYA Inc. December 21, 2007
Tasks not included in the preceding Scope of Services are considered additional services that
may be added by a contract amendment or approved on a time and materials basis, if necessary.
This estimate does not include the following:
1. DNR Application and Land Corner Record in accordance with Chapter 332 -120 of the
WAC to destroy and reset a published monument during construction.
2. Right of way mapping, boundary surveys or preparation of a Record of Survey.
3. Design services.
4. Construction staking.
5. Federal, state, county, city, local district or other agency fees or coordination, if required,
for permits, applications, submittals or duplication costs.
Fee Estimate
Ruen - Yeager & Associates, Inc., proposes to provide the Scope of Services described above on a
time and materials basis not to exceed $9,800 (plus reimbursable expenses). The estimated cost
breakdown is as follows:
Topography Survey and Mapping $8;800
Traffic Control $1,000
We appreciate the opportunity to work on your project and look forward to serving you with our
land surveying department to make your project a success. Please contact our office if you have
any questions or require more information regarding this proposal.
P:120071P071076 BroadwayFanchcr100 Adininistr ation\01._Proposaf1071221_Scope for 3 of 3
Topo Sunvey.doc
•
ACORD CERTIFICATE OF LIABILITY INSURANCE . C.SR 75
- RUEYEI
DATE (Nn+r>1DIYYYY)
01/03/08
-PRODUCER
Wells Fargo Insurance Services
Mountain West, Inc.
3295 Elder Street, Suite 209'
Boise ID 83705
Phone: 208 -393 -4641 Fax:208- 344 -8241
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
NAIC0
INSURED
Ruen- Yeager & Assoc. , Inc
3201 N &uetter Ste. 102
Coeur d'Alene b 83818
INSUR91#V Auer Hallmark Ins Cc of TX
43494
wsURERe: State Insurance Fund
INSURER C:
GENERALLIABILITV
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INSURER e
EACH OCCURRERCE
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THIEF INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VA H RESPECT TO V,"CH THIS CERTVJCATE IA4Y BE WIJED OR
MAY PERTA1K T}10 LNSURANCE AFFORDED BY TIC POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
PGLN:IES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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DESCRIPTIDN OF OPERATIONS I LDCATIOND J VOIICLES I EXCLUSIONS ADDED BY ENDORSZNTENT J SPEML PROVISIONS
Re: Broadway Avenue and Fancher Street Portland Cement Concrete Intersection
Contract #07 -028
Certificate holder is additional insured with respects the above contract.
n co-^AYG U^1 r1C0 CANCELLATION
CCCCCCC SAOVLD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIM
City Of Spokane Valley DATE THEREOF, THE IDOUINO INSURER WILLENDEAVORT MAIL 30 OAYsWRITTEN
Public Works Capital Projects NOTICE TO THECERTTFICATE HOLDER NAMED TO THE LEFT, OUT FAILURE TO 0080 SHALL
Division IMPOSE NO ODUGATION OR UADP_ITY OF ANY KIND UPON THE INSURER, RS AGENTS OR
11707 E Sprague Ave., Ste 106
Spokane Valley 4A 99206 REPRESE4TATIVfiS.
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11707 E Sprague Ave„ Suite 106
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If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
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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
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ACORD 25S (2001106) 2 of 2 #221263