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HomeMy WebLinkAboutPW06-088 - Original - Jones & Stokes Associates - S 228th Street BNSF Grade Separation - 02/08/2006 Records Man-ra eimenn • g KENO WA$MINGTON Document _1L v CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Jones & Stokes Contract Number: jCJOw -cgs This is assigned by Mary Simmons Vendor Number: Project Name: S. 228th Street BNSF Grade Separation Contract Effective Date: Date of the Mayor's signature Contract Termination Date: June 30, 2006 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Wetland delineation, permitting and document updating for the proiect. ADCL7832 07/02 Consultant/Address/Telephone Local Agency Jones & stokes Standard Consultant 11820 Northup Way, Suite E300 Agreement Bellevue,WA 98005-1946 g Contact Jennifer Barnes Agreement Number LA 5632 (425) 893-6423 Federal Aid Number Project Title And Work Description DEMO - 1216 (001) S. 228th Street Grade Separations Agreement Type (Choose one) Wetland delineation, permitting and document ❑ Lump Sum updating Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % DBE Participation Overhead Cost Method ❑Yes ® No % ❑Actual Cost WBE Participation ❑Actual Cost Not To Exceed ova ❑Yes ®No % Federal ID Number or Social Security Number ❑ Fixed Rate % 94-1730361 Fixed Fee $ Do you require a 1099 for IRS? Completion Date Specific R ®Yes ❑-No June 30, 2006 ® ates Of Pay - ® Negotiated Hourly Rate Total Amount Authorized $ 18,503_12 ❑ Provisional Hourly Rate Management Reserve Fund $ ❑Cost Per Unit of Work Maximum Amount Payable $ 18,503.12 THIS AGREEMENT, made and entered into this 8th day of February 2006 between the Local Agency of City of Kent Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the"CONSULTANT" WITNESSETH THAT WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT, and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows DOT Form 14M89 EF Page 1 of 8 Revised 12199 J All reports, PS&E materials, and other data,furnished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be returned All designs, drawings, specifications, The work under this AGREEMENT shall consist of documents, and other work products prepared by the the above described work and services as herein CONSULTANT prior to completion or termination of defined and necessary to accomplish the completed this AGREEMENT are instruments of service for this work for this PROJECT The CONSULTANT shall PROJECT and are property of the AGENCY Reuse furnish all services, labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the II CONSULTANT SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION project is detailed in Exhibit"B" attached hereto, and by this reference made a part of this AGREEMENT The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in III writing by the AGENCY All work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion date AGREEMENT,with outside agencies,groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY Necessary contacts and meetings with because of any delays attributable to the CONSULT- agencies,groups or individuals shall be coordinated ANT, but may be extended by the AGENCY, in the through the AGENCY event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination, GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT A prior AGENCY or such Federal, Community, State, City supplemental agreement issued by the AGENCY is or County officials,groups or individuals as may be required to extend the established completion time. requested by the AGENCY The AGENCY will provide the CONSULTANT sufficient notice prior V to meetings requiring CONSULTANT participation PAYMENT The minimum number of hours or days notice— required shall be agreed to between the AGENCY The CONSULTANT shall be paid by the AGENCY and the CONSULTANT and shown in Exhibit"B" for completed work and services rendered under this attached hereto and made part of this AGREEMENT AGREEMENT as provided in Exhibit"C"attached The CONSULTANT shall prepare a monthly hereto, and by this reference made part of this progress report, in a form approved by the AGENCY, AGREEMENT Such payment shall be full compen- sation for work performed or services rendered and that will outline in written and graphical form the for all labor, materials, supplies, equipment, and various phases and the order of performance of the incidentals necessary to complete the work work in sufficient detail so that the progress of the work can easily be evaluated Goals for Disadvan- specified in Section ll, "Scope of Work" The taged Business Enterprises (DBE)and Women CONSULTANT shall conform with all applicable Owned Business Enterprises (WBE) if required shall portions of 48 CFR 31 be shown in the heading of this AGREEMENT. Page 2 of 8 VI employees of the CONSULTANT only and not of the SUBCONTRACTING AGENCY,and any and all claims that may or might arise under any Workmen's compensation Act on The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement behalf of said employees or other persons while so engaged, and any and all claims made by a third party Compensation for this subconsultant work shall be as a consequence of any act or omission on the part of based on the cost factors shown on Exhibit G, at- the CONSULTANT's employees or other persons tached hereto and by this reference made a part of this while so engaged on any of the work or services AGREEMENT provided to be rendered herein, shall be the sole The work of the subconsultant shall not exceed its obligation and responsibility of the CONSULTANT maximum amount payable unless a prior written The CONSULTANT shall not engage,on a full or approval has been issued by the AGENCY part time basis, or other basis, during the period of the All reimbursable direct labor, overhead, direct non- contract, any professional or technical personnel who salary costs and fixed fee costs for the subconsultant are,or have been, at any time during the period of the shall be substantiated in the same manner as outlined contract, in the employ of the United States Depart- in Section V All subcontracts exceeding $10,000 in ment of Transportation, the STATE,or the cost shall contain all applicable provisions of this AGENCY, except regularly retired employees, AGREEMENT without written consent of the public employer of The CONSULTANT shall not subcontract for the such person performance of any work under this AGREEMENT VIII without prior written permission of the AGENCY No NONDISCRIMINATION permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any The CONSULTANT agrees not to discriminate other relationship against any client, employee or applicant for employ- ment or for services because of race,creed, color, VII national origin, marital status,sex, age or handicap EMPLOYMENT except for a bona fide occupational qualification with regard to, but not limited to the following employ- The CONSULTANT warrants that he/she has not ment upgrading, demotion or transfer, recruitment or employed or retained any company or person,other any recruitment advertising, a layoff or terminations, than a bona fide employee working solely for the rates of pay or other forms of compensation,selection CONSULTANT,to solicit or secure this contract, and for training, rendition of services The CONSULT- that it has not paid or agreed to pay any company or ANT understands and agrees that if it violates this person,other than a bona fide employee working provision, this AGREEMENT may be terminated by solely for the CONSULTANT, any fee, commission, the AGENCY and further that the CONSULTANT percentage, brokerage fee, gift,or any other consider- shall be barred from performing any services for the ation, contingent upon or resulting from the award or AGENCY now or in the future unless a showing is making of this contract For breach or violation of this made satisfactory to the AGENCY that discnmina- warrant,the AGENCY shall have the right to annul tory practices have terminated and that recurrence of this AGREEMENT without liability, or in its discre- such action is unlikely. tion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of During the performance of this AGREEMENT,the such fee, commission, percentage, brokerage fee,gift, CONSULTANT,for itself, its assignees and or contingent fee successors in interest agrees as follows Any and all employees of the CONSULTANT or A COMPLIANCE WITH REGULATIONS The other persons while engaged in the performance of CONSULTANT shall comply with the Regula- any work or services required of the CONSULTANT tions relative to nondiscrimination in the same under this AGREEMENT, shall be considered manner as in Federal-assisted programs of the Page 3 of 8 Department of Transportation,Title 49, Code of save possession of another who fails or refuses to Federal Regulations, Part 21,as they may be furnish this information the CONSULTANT shall amended from time to time, (hereinafter referred so certify to the AGENCY, or the United States to as the Regulations),which are herein incorpo- Department of Transportation as appropriate, and rated by reference and made a part of this shall set forth what efforts it has made to obtain AGREEMENT The consultant shall comply the information with the American Disabilities Act of 1992, as E SANCTIONS FOR NONCOMPLIANCE* In the amended. event of the CONSULTANT'S noncompliance B NONDISCRIMINATION The CONSULTANT, with the nondiscrimination provisions of this with regard to the work performed by it during the AGREEMENT,the AGENCY shall impose AGREEMENT,shall not discriminate on the such sanctions as it or the Federal Highway grounds of race, creed, color, sex, age, marital Administration may determine to be appropriate, status, national origin or handicap except for a including, but not limited to bona fide occupational qualification in the selec- t Withholding of payments to the CONSULT- tion and retention of subconsultants, including ANT under the AGREEMENT until the procurements of materials and leases of eguip- ment The CONSULTANT shall not participate CONSULTANT complies, and/or either directly or indirectly in the discrimination 2 Cancellation,termination or suspension of the prohibited by Section 21 5 of the Regulations, AGREEMENT, in whole or in part including employment practices when the contract covers a program set forth in Appendix II of the F INCORPORATION OF PROVISIONS The Regulations CONSULTANT shall include the provisions of paragraphs(A)through (G) in every subcontract, C SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of INCLUDING PROCUREMENTS OF MATERI- equipment, unless exempt by the Regulations or ALS AND EQUIPMENT In all solicitations directives issued pursuant thereto The CON- either by competitive bidding or negotiation made SULTANT shall take such action with respect to by the CONSULTANT for work to be performed any subconsultant or procurement as the under a subcontract, including procurements of AGENCY or the Federal Highway Administra- materials or leases of equipment, each potential tion may direct as a means of enforcing such subconsultant or supplier shall be notified by the provisions including sanctions for noncompli- CONSULTANT of the CONSULTANT'S ance, provided, however,that, in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in,or is Regulations relative to nondiscrimination on the threatened with, litigation with a subconsultant or grounds of race,creed, color, sex, age, mantal supplier as a result of such direction,the CON- status, national origin and handicap. ULTANT may request the AGENCY to enter D INFORMATION AND REPORTS The into such litigation to protect the interests of the CONSULTANT shall provide all information AGENCY, and in addition,the CONSULTANT and reports required by the Regulations,or may request the United States to enter into such directives issued pursuant thereto, and shall litigation to protect the interests of the United permit access to its books, records, accounts, States other sources of information, and its facilities as G UNFAIR EMPLOYMENT PRACTICES The may be determined by the AGENCY to be CONSULTANT shall comply with RCW pertinent to ascertain compliance with such 49 60 180 Regulations or directives Where any information required of the CONSULTANT is in the exclu- Page 4 of 8 IX In the event of the death of any member, partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi- The right is reserved by the AGENCY to terminate sory personnel assigned to the protect, or, dissolution this AGREEMENT at any time upon ten days written of the partnership,termination of the corporation,or notice to the CONSULTANT disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT, if requested to do so by the CONSULTANT, a final payment shall be made to the AGENCY The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of renegotiation of the AGREEMENT between the AGREEMENT used surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses No payment shall be made for any work completed after ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to terminate If the accumulated the previous paragraph, should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT,with the AGENCY's concur- of Termination exceeds the total amount that would rence,desire to terminate this AGREEMENT, be due computed as set forth herein above,then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section shall immediately reimburse the AGENCY for any Payment for any part of the work by the AGENCY excess paid shall not constitute a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT, the above formula for payment shall not the CONSULTANT,or for failure of the CONSULT- apply In such an event,the amount to be paid shall be ANT to perform work required of it by the determined by the AGENCY with consideration AGENCY Forbearance of any rights under the given to the actual costs incurred by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in performing the work to the date of ment to exercise those rights with respect to any termination,the amount of work originally required future act or omission by the CONSULTANT which was satisfactorily completed to date of termina- tion,whether that work is in a form or a type which is CHANGES OF WORK usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm The CONSULTANT shall make such changes and to complete the work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so, and other factors which as necessary to correct errors appearing therein, when affect the value to the AGENCY of the work per- required to do so by the AGENCY,without additional formed at the time of termination Under no compensation thereof Should the AGENCY find it circumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been made satisfactorily completed work or parts thereof usingthe formula set forth m the previousparagraph P changed or revised,the CONSULTANT shall make If it is determined for any reason that the CONSULT- such revisions as directed by the AGENCY This ANT was not in default or that the CONSULTANT's work shall be considered as Extra Work and will be failure to perform is without it or it's employee's fault paid for as herein provided under Section XIV. or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT Page 5 of 8 XI that nothing herein shall require a CONSULTANT to DISPUTES indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from Any dispute concerning questions of fact in connec- claims, demands or suits based solely upon the tion with the work not disposed of by AGREEMENT conduct of the AGENCY and the STATE,their between the CONSULTANT and the AGENCY shall agents,officers and employees and provided further be referred for determination to the Director of Public that if the claims or scats are caused by or result from Works or AGENCY Engineer,whose decision in the the concurrent negligence of(a)the matter shall be final and binding on the parties of this CONSULTANT's agents or employees and (b)the AGREEMENT, provided however, that if an action is AGENCY and the STATE, their agents, officers and brought challenging the Director of Public Works or employees, this indemnity provision with respect to AGENCY Engineer's decision,that decision shall be (1)claims or scats based upon such negligence, (2)the subject to de novo judicial review costs to the AGENCY and the STATE of defending XII such claims and suits, etc shall be valid and enforce- VENUE, APPLICABLE LAW AND able only to the extent of the CONSULTANT's PERSONAL JURISDICTION negligence or the negligence of the CONSULTANT's agents or employees In the event that either party deems it necessary to institute legal action or proceedings to enforce any The CONSULTANT's relation to the AGENCY shall right or obligation under this AGREEMENT, the be at all times as an independent contractor parties hereto agree that any such action shall be The CONSULTANT specifically assumes potential initiated in the Superior court of the State of Washing- liability for actions brought by the CONSULTANT's ton, situated in the county the AGENCY is located in own employees against the AGENCY and, solely for The parties hereto agree that all questions shall be the purpose of this indemnification and defense,the resolved by application of Washington law and that CONSULTANT specifically waives any immunity the parties to such action shall have the right of appeal under the state industrial insurance law,Title 51 from such decisions of the Superior court in accor- RCW The CONSULTANT recognizes that this dance with the laws of the State of Washington The waiver was specifically entered into pursuant to the CONSULTANT hereby consents to the personal provisions of RCW 4 24 115 and was the subject of jurisdiction of the Superior court of the State of mutual negotiation Washington,situated in the county in which the AGENCY is located in Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of XIII construction contracts, if any, on the project Subject LEGAL RELATIONS AND INSURANCE to the processing of an acceptable,supplemental The CONSULTANT shall comply with all Federal, agreement,the CONSULTANT shall provide on-call State, and local laws and ordinances applicable to the assistance to the AGENCY during contract adminis- work to be done under this AGREEMENT This tration By providing such assistance, the AGREEMENT shall be interpreted and construed in CONSULTANT shall assume no responsibility for- accord with the laws of Washington proper construction techniques,job site safety, or any construction contractor's failure to perform its work The CONSULTANT shall indemnify and hold the in accordance with the contract documents AGENCY and the STATE, and their officers and employees harmless from and shall process and The CONSULTANT shall obtain and keep in force defend at its own expense all claims, demands,or during the terms of the AGREEMENT, or as other- suits at law or equity arising in whole or in part from wise required,the following insurance with the CONSULTANT's negligence or breach of any of companies or through sources approved by the State its obligations under this AGREEMENT, provided Insurance Commissioner pursuant to RCW 48 Page 6 of 8 XIV Insurance Coverage EXTRA WORK A Worker's compensation and employer's liability A The AGENCY may at any time, by written order, insurance as required by the STATE make changes within the general scope of the AGREEMENT in the services to be performed B General commercial liability insurance in an amount not less than a single limit of one million B If any such change causes an increase or decrease and 00/100 Dollars($1,000,000 00)for bodily in the estimated cost of, or the time required for, injury, including death and property damage performance of any part of the work under this per occurrence AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and Excepting the Worker's Compensation insurance and conditions of the AGREEMENT,the AGENCY any professional liability insurance secured by the shall make an equitable adjustment in the CONSULTANT,the AGENCY will be named on all (1)maximum amount payable, (2)delivery or certificates of insurance as an additional insured The completion schedule,or both, and (3)other CONSULTANT shall furnish the AGENCY with affected terms and shall modify the AGREE- verification of insurance and endorsements required MENT accordingly by this AGREEMENT The AGENCY reserves the right to require complete, certified copies of all C. The CONSULTANT must submit its"request required insurance policies at any time for equitable adjustment" (hereafter referred to as claim) under this clause within 30 days from All insurance shall be obtained from an insurance the date of receipt of the written order However, company authorized to do business in the State of if the AGENCY decides that the facts justify it, Washington The CONSULTANT shall submit a the AGENCY may receive and act upon a claim verification of insurance as outlined above within submitted before final payment of the 14 days of the execution of this AGREEMENT to AGREEMENT the AGENCY D Failure to agree to any adjustment shall be a No cancellation of the foregoing policies shall be dispute under the Disputes clause However effective without thirty(30)days prior notice to nothing in this clause shall excuse the CON- the AGENCY SULTANT from proceeding with the The CONSULTANT'S professional liability to the AGREEMENT as changed AGENCY shall be limited to the amount payable E Notwithstanding the terms and condition of under this AGREEMENT or one million dollars, paragraphs (a)and (b)above, the maximum whichever is the greater unless modified by amount payable for this AGREEMENT, shall Exhibit H In no case shall the CONSULTANT's not be increased or considered to be increased professional liability to third parties be limited in except by specific written supplement to this any way AGREEMENT The AGENCY will pay no progress payments XV under Section V until the CONSULTANT has fully ENDORSEMENT OF PLANS complied with this section This remedy is not exclu- sive, and the AGENCY and the STATE may take The CONSULTANT shall place his endorsement on such other action as is available to them under other all plans, estimates or any other engineering data provisions of this AGREEMENT, or otherwise in law furnished by him Page 7of8 XVI XVln FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administration and the This document and referenced attachments contains Washington State Department of Transportation all covenants, stipulations and provisions agreed upon shall have the right to participate in the review or by the parties No agent,or representative of either examination of the work in progress party has authority to make, and the parties shall not be bound by or be liable for, any statement, represen- XVII tation, promise or agreement not set forth herein No CERTIFICATION OF THE CONSULTANT changes, amendments,or modifications of the terms AND THE AGENCY hereof shall be valid unless reduced to writing and Attached hereto as Exhibit"A-1", are the signed by the parties as an amendment to this Certifications of the Consultant and the Agency, AGREEMENT Exhibit"A-2"Certification regarding debarment, XIX suspension and other responsibility matters-primary EXECUTION AND ACCEPTANCE covered transactions, Exhibit"A-3"Certification regarding the restrictions of the use of Federal funds This AGREEMENT may be simultaneously executed for lobbying,and Exhibit°A-4"Certificate of Current in several counterparts, each of which shall be Cost or Pricing Data Exhibits"A-3"and "A-4" are deemed to be an original having identical legal effect only required in Agreements over$100,000 The CONSULTANT does hereby ratify and adopt all statements, representations,warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULT- ANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written By 1 By Consult Jones & Stokes Age Crt of Kent Page 8 of 8 ACORD. CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 02/28/2006 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie North America, Inc. - Regional Cart Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Jones 6 Stokes Associates INSURERA American International Specialty Linea In 26883-003 2600 V Street INSURERS Commerce and Industry Insurance Company 19410-004 Sacramento, CA 95818 INSURERC American International 92ecialty Lanes Ia 26883-002 INSURERD American Nome Assurance Company19380-001 INSURER E 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 ADD'L TYPE OFINSURANCE POLICYNUMBER PDOLICY EFFECATE IVE POLICY MXPIRDTION LIMBS A X GENERAL LIABILITY PROP8085645 10/1/2005 10/1/2006 EACHOCCURRENCE $ 1 000 000 X COMMERCIALGENERALLIABILITY PREMISES TO RENTED $ 500,000 CLAIMS MADE OCCUR MEDEXP(Anlrone arson) $ 5,000 X Pollution Liab incl PERSONAL&ADV INJURY $ 11000,000 X Contractual LlabllLt GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOPAGG $ 1,000,000 POLICY X JECT LOC B X AUTOMOBILE LIABILITY CA5054198 10/1/2005 10/1/2006 COMBINED SINGLE LIMIT $ 11000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Perperson) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Peraccident) PROPERTYDAMAGE $ (Peraccident) GARAGE LIABILITY AUTOONLY-EAACCIDENT $ ANY AUTO OTHERTHAN EAACC $ AUTOONLY AGG $ C EXCESS LIABILITY PROU8085646 10/l/2005 10/1/2006 EACHOCCURRENCE $ 5,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 5,000,000 DEDUCTIBLE $ RETENTION $ 10.000 $ D WORKERS COMPENSATION AND California WC3420386 10/1/2005 10/1/2006 X T��vUATIUs oER EMPLOYERS LIABILITY D ANY PROPRIETOR,PARTNERYEXECUTIVE All Other WC3420387 10/1/2005 10/l/2006 EL EACH ACCIDENT $ 11000,000 OFFICERIMEMBER EXCLUDED9 t EL DISEASE-EA EMPLOYEE $ 1,000,000 yes desc SPEC nbe under IAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 A OTHER PROP8085645 10 1 2005 10 1 2006 $3,000,000 each lose Professional Liability $3,000,000 aggregate Claims Made 50 000 deductible DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Contract No. LA 5632 - South 228th Street Grade Separations Project. It is agreed that the City of Kent is included as Additional Insured as respects to General Liability and Auto Liability as required by written contract. It is further agreed that such insurance as is afforded shall be Primary and Non-Contributory with any other insurance in force for or which may be nurchaaed by as recruired by written contract, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Kent, Engineering Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Attn: Nancy Yoshitake REPRESENTATIVES 220 4th Avenue South AUTHORIZED F1 RESENTATIV Rent, WA 98032 - ACORD 25(2001108) C011:1555100 Tpl:418844 Cert:691 78 0 ACORD CORPORATION 1988 ENDORSEMENT NO. 8 This endorsement, effective 12.01 AM 10/1/2005 Forms a part of Policy No PROP8085645 Issued to Jones &Stokes Associates By American International Specialty Lines Insurance C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED/PRIMARY COVERAGE ENDORSEMENT In consideration of an additional premium of$0 00 it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your ongoing operations performed for the Additional Insured by or for you Additional Insured: City of Kent This does not apply to bodily injury or property damage arising out of the sole negligence or willful misconduct of, or for defects in design furnished by the Additional Insured As respects the coverage afforded the Additional Insured,this insurance is primary and non-contributory, and our obligations are not affected by any other Insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy All other terms, conditions, and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE or countersignature (In states where applicable) 78123(6/01) C11486 POLICY NUMBER CA5054198 COMMERCIAL AUTO CA 20 01 10 01 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. LESSOR—ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated below Endorsement Effective Countersigned By Named Insured Jones&Stokes Associates flay (Authorized Representative) SCHEDULE Insurance Company Commerce and Industry Insurance Company Policy Number Effective Date 10/1/2005 Expiration Date 10/1/2006 Named Insured See Above Address 2600 V Street Sacramento,CA 95818 Additional Insured(Lessor) AS REQUIRED BY A WRITTEN CONTRACT Address Designation or Description of"Leased Autos**ALL COVERED AUTOS LEASED TO THE NAMED INSURED Coverages Limit Of Insurance Liability 1,000,000 00 Each"Accident' Personal Injury Protection(or equivalent no-fault coverage) $ Comprehensive ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS, MINUS $ For Each Covered"Leased Auto" Collision ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS, MINUS $ For Each Covered"Leased Auto" Specified Causes of Loss ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS, MINUS $ For Each Covered "Leased Auto" (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement ) Consultant/Address/Telephone Supplemental Signature Jones & stokes Page for 11820 Northup Way, Suite E300 Standard Consultant Bellevue, WA 98005-1946 Agreement Contact. Jennifer Barnes Agreement Number Project Title And Work Description LA 5632 S. 228th Street Grade Separations Federal Aid Number DEMO - 1216 (001) Wetland delineation, permitting and document Local Agency updating. City of Kent THIS AGREEMENT, made and entered into this 8th day of February 2006 between the Local Agency of City of Kent Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the"CONSULTANT' In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written CONSULTANT LOCAL AGENCY By g1_�J By Consultant Jones & Stokes Age y Ci J/ Kent By By Consultant Agency By Agency By Agency DOT Form 140-089A EF Revised 4,198 Exhibit A-1 Certification Of Consultant Project No LA 5632 � � Local Agency City of Kent I hereby certify that I am Vol;C7 // 7(, and duly authorized representative of the firm of Jones& Stokes whose address is &Ran Ac J-1—A qP �tpnd that neither I nor the above firm I here represent has. �n��®5--�/�t'y� �" (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 this contract (b) Agreed, as an express or implied condition for obtaining this contract,to employ or to retain the services of any firm or person in connection with carrying out the contract (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 the contract, except as here expressly stated(if any) I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration,U S Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws,both criminal and civil 'Z7 04 /f —�� Date Signa ure Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Kent Washington and that the above consulting firm or their representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carving out this contract to (a) Employ or retain, or agree to employ or 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 here expressly stated(if any) I acknowledged that this certificate is to be available to the Federal Highway Administration,U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws,both criminal and civil. 31-7 06 ate Signature Exhibit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions 1. 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-year period preceding this application/proposal had one or more public transactions (federal, state, or local)terminated for cause or default. 2. 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) Jones& Stokes (Date) ( gn ure resident or Authorized Official of Consultant Exhibit A-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies,by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that 1. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower her subcontracts which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly Consultant(Firm): Jones& Stokes 2 27 O1- (Date) ( na r resident or Ad4orized Official of Consultant Exhibit A-4 Certificate of Current Cost or Pricing Data This is to verify that, to the best of my knowledge and belief,the cost or pricing data(as defined in section 15 401 of the Federal Acquisition Regulation(FAR) and required under FAR subsection 15 403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of E �,t 494Al,�� * are accurate, complete, and current as of Z�� **. This certification includes the cost or pricing data supporting any advance a�greementand forward pricing rate agreements between the offeror and the Government that are part of the proposal Firm Jones & Stokes Name ByT, Title -- Date of Execution*** * Identify the proposal, quotation,request for price adjustment, or other submission involved, giving the appropriate identifying number(e.g, RFP No) ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to Exhibit B-1 Scope of Work Project No LA 5632 Se"ttacbed Documents To Be Furnished By The Consultant See attached._ Exhibit B-1 City of Kent Department of Public Works South 2281h Street Rail Grade Separations Project Wetland Delineation, Permitting and Document Updating Scope of Work Prepared by Jones&Stokes January 2,2006 Introduction This scope-of-work(SOW)identifies tasks that Jones& Stokes will conduct to assist the City in updating existing environmental documents and permitting for the South 228"' Street Rail Grade Separation Project, in light of recent modifications to the project associated with the temporary realignment of the Burlington Northern Santa Fe (BNSF)railroad tracks The modification in the project has come at the request of BNSF to minimize construction impacts to their mainline tracks This SOW identifies the tasks that Jones& Stokes will complete, including • Task 1 —Delineation of wetlands to the north(-800 feet) and south(-1,200 feet) of South 228t" Street, west of the BNSF railroad tracks • Task 2—Revise the NEPA and ESA documents as necessary and resubmit to WSDOT • Task 3—Prepare a Joint Aquatic Resources Permit Application(JARPA) and submit to the appropriate agencies for the necessary permits • Task 4—Project Management Each task is described in detail below Please refer to Table 1 for an estimate of the cost associated with each task. Task 1 — Delineation of Wetlands Jones & Stokes will conduct a wetland delineation to map wetland and stream boundaries, as defined by the 1987 U S Army Corps of Engineers Wetlands Delineation Manual and the 1997 Washington State Wetlands Identification and Delineation Manual The boundaries of wetlands and the ordinary high water line of streams within the area where the temporary BNSF railroad Jones&Stokes PB246 05 City of Kent—South 228`"Street Project January 2,2006 will be realigned will be flagged for survey The delineation will extend from the shoulder of the BNSF tracks to 50 feet west of the shoulder, for a distance of 1,200 feet to the south of South 228"' Street and 800 feet to the north of South 228" Street Deliverables Jones & Stokes will prepare a technical memorandum describing the results of the wetland delineations and a sketch map indicating the general locations of wetland boundaries The sketch map will provide the locations of flags marking the wetland boundary and soil test pits, that will be hung in the field during the wetland delineation Assumptions The City of Kent will be responsible for surveying the boundaries of the delineated wetlands,as marked by the flags hung by Jones & Stokes biologists. Task 2 — Revise the NEPA and ESA documents Jones & Stokes will prepare addendums to the NEPA and the ESA documents prepared for the project as necessary,based on the changes to the project associated with the temporary relocation of the BNSF railroad tracks to the west of the current alignment Deliverables: Jones & Stokes will submit electronic copies of the draft revisions or addendums to the NEPA and the ESA documents for the South 228t" Street Project to the City of Kent for their review and comment Jones & Stokes will incorporate the City of Kent's comments on the draft documents and provide five hard copies and one electronic copy of the final revisions or addendums to the NEPA and the ESA documents to the City of Kent Assumptions: W SDOT will not require a complete revision of the NEPA or ESA documents previously submitted and approved for the South 228"'Street Rail Grade Separations Project WSDOT will allow addendums the existing NEPA and ESA documents,previously submitted and approved for the project, that describe the changes to the project associated with the temporary realignment of the BNSF railroad tracks and the associated impacts. A-0 Jones&Stokes PB246 05 City of Kent-South 228"Street Project January 2,2006 Task 3 — Preparation and submittal of the JARPA Jones & Stokes will prepare and submit the JARPA to the U S Army Corps of Engineers, the Department of Ecology, WDFW and King County The JARPA will consist of a 404 and 401 permit application (Corps and Ecology,respectively), application for the HPA (WDFW), and local (King County) critical areas The BA will also be included as an addendum to the JARPA. The information for this permit application will be derived from results of the wetland delineation, the BA, and information provided by the City of Kent, as described below Jones& Stokes will rely on the City of Kent to provide the following information for the JARPA application. • Description of the proposed temporary railroad realignment design elements (purpose of the realignment, area of temporary impacts, design plans and description of the work to be performed and any additional changes that may result from this modification), • Project plan view and cross section drawings in 8 1/2"x 11" format showing the construction area, construction ingress and egress locations, dewatering of water diversion facilities,location of sediment reduction devices (e g silt fences), existing conditions including the Ordinary High Water Mark, location of structures, and the location of revegetation areas (if necessary), • Types of construction equipment likely to be used; • Locations, and acreage quantities of any excavation or dredging, as well as fill required in wetlands or surface waters (volume to be excavated, composition of material to be removed, disposal site for excavated material, methods of excavation); • Names, addresses and telephone numbers of adjoining property owners. • The City of Kent will provide Jones& Stokes with electronic files of the survey of the wetland boundaries as flagged during the wetland delineations. Deliverables: A draft copy of the JARPA will be prepared and an electronic copy will be submitted for internal review to the City of Kent A final JARPA application will be prepared, incorporating comments received from the City of Kent and five hard-copies and one electronic copy will be provided by Jones & Stokes to the City of Kent for submittal to the U S Army Corps of Engineers, Ecology, WDFW and King County Task 4 — Project Management This task includes preparation of project progress reports,budget tracking, invoicing,team communication, QA/QC review of documents and client communication The Jones & Stokes Project Manager will regularly communicate with the City of Kent Project Manager Jennifer Barnes will be the Jones & Stokes contact for the City of Kent ANC A Jones&Stokes PB246 05 City of Kent—South 228"Street Project January 2,2006 Jones &Stokes will prepare and submit monthly progress reports to the City of Kent describing accomplishments to date,budget status, schedule status and activities planned for the next invoicing period These reports will be submitted with invoices. Schedule Jones & Stokes will start upon the Notice to Proceed(NTP)by the City, The work described in Tasks 1 thru 3 will completed within 40 days of the NTP Cost Estimate The estimated cost for the tasks described above is $18,503.12 and is on a time and materials, not-to-exceed basis, as presented in Table 1 (attached) Jones&Stokes PB246 05 City of Kent—South 228'Street Project January 2,2006 Exhibit C-4 Payment (Provisional 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 with all applicable portions of 48 CFR 31 1. Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done,based upon the provisional hourly rates shown in Exhibits D and E attached hereto and by this reference made part of this AGREEMENT The actual hourly rates will be determined by an audit of 19XX and/or 19XX cost data The provisional rates listed shall be utilized until the results of the audit are known and will be retroactively adjusted to reflect actual costs The provisional and/or audited rates listed shall be applicable for the first 12-month period and shall be subject to negotiation for the following 12-month period upon request of the CONSULTANT or the AGENCY If negotiations are not conducted for the second or subsequent 12-month periods within 90 days after completion of the previous period, the rates listed in this AGREEMENT or subsequent written authorization(s) from the STATE shall be utilized for the life of the AGREEMENT. The rates are inclusive of direct salaries,payroll additives, overhead, and fee In the event renegotiation of the hourly rates is conducted, the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments 2 Direct Nonsalary Costs Direct nonsalary 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 fees of subconsultants Air or tram travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed as the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and designation of such trips Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees The billing for nonsalary cost, directly identifiable with the PROJECT, shall be an itemized listing of the charges supported by the original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT Copies of the original supporting documents shall be supplied to the AGENCY upon request 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 the flexibility of authorizing 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$50,000 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 be replenished in a subsequent supplemental agreement Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work" 4 Maximum Amount Payable The maximum amount payable for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT The maximum amount payable includes the Management Reserve Fund, but does not include payment for extra work as stipulated in Section XIV, "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 1 and 2 above The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D and E, including names and classifications of all employees, and invoices for all direct nonsalary expenses To provide a means of verifying the invoiced 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. Inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY, STATE, and the United States, for a period of three years after 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 is started before the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. The three-year retention period begins when the CONSULTANT receives final payment 7. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E,plans, maps,notes,reports, 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 items 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 ninety (90)days of notice of the overpayment Such refund shall not constitute a waiver by the consultant or any claims relating to the validity of a finding by the state of overpayment Exhibit D-2 Consultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Discipline or Job Title Hourly Overhead Profit Rate Rate @ % @ % Per Hour See attached N � U O ro N W O w O O � N U coo 0 opm pom w N � Na � p0� FA � N H U OM 609 604 O N 0 O m m N O y VT b9 to _ O Va E o U '6 L O.J• N l0 00 N • 0 o O f� ` o c a LU is o0 A D Opop pop M oo rn m E N r U O C c0 O. M M N C U) N V C LO C W d m U N^ ^m• 't0^ (U tp 0 M n a m m m C O U) N �N O N > L C - _ C W � � W C C • N m c U LU q A N ' 0 O 0 op0 O U C c N 7 N O O U $ > .'y 0 N W N - CD_ M OOi N N V)M U) c N n N C C Y 1° W m � ry � m a y, m a O U > ' O a a `w F M O N M Q0. x K y; '< U E Q E p o c W c C Q N m D v N D_ v Z m s c N m y v o@ Y w Ca oA u N Exhibit F 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.