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HomeMy WebLinkAboutPW06-272 - Original - Jones & Stokes Associates, Inc. - East Valley Highway Improvements - 11/01/2006 Records Managern -e- Document- 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 Associates Inc. Contract Number: tt✓a6 `07 7.2, This is assigned by Mary Simmons Vendor Number: Project Name: East Valley Highway Improvements Contract Effective Date: Date of the Mayor's signature Contract Termination Date:March 31, 2007 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nick Horn Department: Engineering Abstract: Provide NEPA environmental review and documentation. ADCL7832 07/02 Consultant/Address/Telephone Jones & Stokes ff�so�v�'fe3 Lnt Local Agency f oc Standard Consultant 11820 Northup Way, Suite E-300 Bellevue, WA 98005 Agreement Contact Jim Wilder Agreement Number LA 6075 (425) 893-6445 Federal Aid Number Project Title And Work Description STPUL-1073(004) East Valley Highway Improvements Agreement Type(Choose one) Preparation of the NEPA document ❑ Lump Sum Lump Sum Amount $ ❑Cost Plus Fixed Fee Overhead Progress Payment Rate % DBE Participation Overhead Cost Method ❑Yes N No % ❑Actual Cost WBE Participation ❑Actual Cost Not To Exceed % []Yes N No % Federal ID Number or Social Security Number ❑ Fixed Rate % 94-1730361 Fixed Fee $ Do you require a 1099 for IRS Completion Date ®Yes ❑ No March 31, 2007 ®Specific Rates Of Pay ® Negotiated Hourly Rate Total Amount Authorized $ 40,570.00 ❑ Provisional Hourly Rate Management Reserve Fund $ ❑Cost Per Unit of Work 40,570 00 Maximum Amount Payable $ THIS AGREEMENT, made and entered into this 1st day of November 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 protect, 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 t DOT Form 140-089 EF Page 1 of 8 Revised 12/99 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- that will outline in written and graphical form the sation for work performed or services rendered and various phases and the order of performance of the for all labor, materials, supplies, equipment, and work in sufficient detail so that the progress of the incidentals necessary to complete the work work can easily be evaluated Goals for Disadvan- specified in Section II, "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 The AGENCY permits subcontracts for those items anse under any Workmen's compensation Act on 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 merit 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 discrimina- 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 sive 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 mcorpo- 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 equip- ment The CONSULTANT shall not participate CONSULTANT complies, and/or either directly or indirectly in the discnmmation 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, marital 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 � States permit access to its books, records, accounts, 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 4960 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 excess paid Payment for any part of the work by the AGENCY 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 X usable to the AGENCY at the time of termination, CHANGES OF WORK 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 using the formula set forth in the previous paragraph 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- tion with the work not disposed of by AGREEMENT claims, demands or suits based solely upon the 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 suits 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 7 of 8 XVI XVIII 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 By ly Consultant Jones & Stokes �'�a-.xy�ias sib, Ag ncy its f Kent Page 8 of 8 DATE ACORD,N CERTIFICATE OF LIABILITY INSURANCE page I of 3 11/21/2006 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P O Box 305191 Nashville, IN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Jones & Stokes Associates, Inc. INSURERA American International Specialty Lines In 26883-003 2600 V Street INSURERS Commerce and Industry Insurance Company 19410-004 Sacramento, CA 95818 INSURERC American International Specialty Lines In 26883-002 INSURERD American Home Assurance Company 19380-001 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 ❑D POLICYEFFECTIVE POLICY EXPIRATION LTR NSR TYPE OFINSURANCE POLICY NUMBER DATE MIW D/VY DATE W III LIMITS A X GENERAL LIABILITY PROP2027883 10/1/2006 10/1/2007 EACHOCCURRENCE $ 1 000 DOD X COMMERCIALGENERALLIABILITV DAMAGE TO Eaoocurance $ 500 000 CLAIMSMADE �CCCUR MED EXP(Anyone person) S 5,000 X Pollution Liab Incl. PERSONAL&ADV INJURY S 11000,000 X'Contractual Llablllt GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLI_E_S PER PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY X JEOT LOC B X AUTOMOBILE LIABILITY CA5054198 10/1/2006 10/l/2007 COMBINED SINGLE LIMIT $ X ANYAUTO (Ea accident) i �I ALLOWNEDAUTOS BODILY INJURY $ SCHEDULEDAUTOS (Perperson) HIRED AUTOS BODILY INJURY $ NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO EA ACC $ OTHER THAN AUTO ONLY AGO $ C EXCESS LIABILITY PROTJ8085646 10/1/2006 10/1/2007 EACH OCCURRENCE $ 51000,000 X OCCUR CLAIMS MADE AGGREGATE $ 5,000,000 $ DEDUCTIBLE $ X RETENTION $ 10.00( $ D WORKERS COMPENSATION AND California WC3423144 10/l/2006 10/l/2007 X ORVLAT MTTs OER TH EMPLOYERS'LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE All Other WC3423143 10/1/2006 10/1/2007 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? i EL DISEASE-EA EMPLOYEE $ 1 000 OOD fees descnbeunder SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 11000,000 A OTHER PROP2027883 1D 1 2006 10 1 2007 Professional Liability $3,0001 000 Each Lose Claims Made $3,000,000 Aggregate � $50,000 Deductible DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS East Valley Highway Improvements, Preparation of NEPA Documentation J&S Proposal No PB191.06 The City of Kent shall be named additional insured for General Liability and Automobile Liability as required by written contract. If re uired by insured contract such insurance as is afforded by this policy is primary and no 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 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City of Rent, Engineering Department Attn Nancy Yoshltake REPRESENTATIVES 220 4th Avenue South AUTHORIZED R RESENTATIV Kent, WA 98032 - ACORD 25(200110B) C011:1812257 Tpl:542217 Cert:80"! 01 ©ACORD CORPORATION 1988 DATE Wilk CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 11/21/2006 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P O Box 305191 Nashville, IN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED ,zones & Stokes Associates, Inc. INSURERA American International Specialty Lines In 26883-003 2600 V Street INSURERB Commerce and Industry Insurance Company 19410-004 Sacramento, CA 95618 - INSURERC American International Specialty Lines In 26883-002 INSURERO American Home Assurance Company 19380-001 NSURERE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEM ENTISPECIAL PROVISIONS other insurance of the Additional Insured will be called upon to contribute to a loss. Coll:1812257 Tpl:542217 Cert:8096101 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2001108) Coll:1812257 Tpl:542217 Cert:8096101 ENDORSEMENT NO 8 This endorsement, effective 12 01 AM 10/1/2006 Forms a part of Policy No PROP2027883 Issued to Jones& Stokes Associates, Inc By American International Specialty Lines Insurance C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDIPRIMARY 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 WHERE REQUIRED BY WRITTEN CONTRACT 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 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following BUSINESS AUTO 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 this endorsement This endorsement identifies person(s)or organization(s)who are"insureds"under the Who Is An Insured Provision of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form This endorsement changes the policy effective on the inception date of the policy unless another date Is indicated below Endorsement Effective Countersigned By 10/1/2006 ILL— Named Insured (Authorized Representative) Jones 8 Stokes Associates, Inc SCHEDULE Name of Person(s)or Organization(s) The City of Kent (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an"insured"for Liability Coverage, but only to the extent that person or organization qualifies as an'insured"under the Who Is An Insured Provision contained in Section 11 of the Coverage Form EFFECTIVE DATE 10/1/2006 POLICY NUMBER PROP2027883 COMMERCIAL GENERAL LIABILITY NAMED INSURED Jones & Stokes Associates, Inc This Endorsement Changes the Policy Please read it carefully Additional Insured — Owners, Lessees or Contractors (Form B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Persons or Organization: The City of Kent East Valley Highway Improvements, Preparation of NEPA Documentation ❑J&S Proposal No. PB191.06 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement ) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you CG 2010 11 85 Includes Copyrighted Material of Insurance Services Office, Inc with it's permission Copyright, Insurance Service Office, Inc 1984 Consultant/Address/Telephone Supplemental Signature Jones & Stokes AaP;� , Page for 11820 Northup way, Suite E-300 Standard Consultant Bellevue, WA 98005 Agreement Contact Jim Wilder Agreement Number Project Title And Work Description LA 6075 East Valley Highway Improvements Federal Aid Number STPUL-1073(004) Preparation of the NEPA document. Local Agency City of Kent THIS AGREEMENT, made and entered into this 1st day of November 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 -- - — By - - - Consultant Jones & Stokes�= -ae,ra�s L'nt Agenc "Ctt o ent - y 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 6075 Local Agency City of Kent I hereby certify that I amj�,t���yi �(_T�f' J16 and duly authorized representative of the firm of Jones & Stokes 16:s�ceee�� � ��,t��/ �oG whose address is �, o Nuc�� e 0 el�e✓U__�j JdA�p and that neither I nor the above firm I here represent ha (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 Il ignature 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 carrying 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 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) (s4nae)President or A h nzed 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 tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly Consultant(Firm): Jones& Stokes oO`r.--O-e G�i (D c (Date) (Sig#turPr4estntAuth ri ed Off ial 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 La4�t�l ' kjd4J_ * are accurate, complete, and current as of j/ b O jo ** his certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal Firm Jones & Stokes &Oe liOT Name Title rir741 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 da month and year of signing,which should be as close as practicable to the date Y> Y when the price negotiations were concluded and the contract price was agreed to. Exhibit B-1 Scope of Work Project No LA 6075 See attached Documents To Be Furnished By The Consultant Sec attached. B- 1 SCOPE OF WORK PHASE 1 NEPA ENVIRONMENTAL DOCUMENTATION CITY OF KENT EAST VALLEY HIGH AY-84TH AVENUE REHABILITATION PROJECT Introduction Jones& Stokes(Consultant)will provide the following scope of services for National Environmental Policy Act(NEPA) env ironmental review and NEPA environmental documentation for the City of Kent's East Valley Highway-84`h Street Rehabilitation Project; with the Federal Highway Administration(FHWA)as lead agency. The city will conduct its own State Environmental Protection Act(SEPA)documentation,with the City serving as lead agency. This scope does not include assisting the City with the SEPA documentation. At this time it is unknown whether WSDOT and FHWA will determine that the NEPA documentation for the Project can be limited to a Documented Categorical Exclusion(DCE)and submittal of an Environmental Classification Summary(ECS)with appended environmental discipline reports, or whether a NEPA Environmental Assessment(EA) is required For that reason,the Consultant shall divide the overall scope for the full NEPA documentation into two phases: ■ Phase 1,Initial Investigations and Preliminary ECS. Conduct reconnaissance-level initial investigations for the major NEPA environmental elements, prepare a Preliminary ECS for submittal to WSDOT and FHWA, and facilitate WSDOT's decision on whether the NEPA documentation should be limited to a DCE/ECS or a NEPA EA. • Phase 2, Complete NEPA Documentation Complete the NEPA documentation(including WSDOT-specified discipline reports)as directed by WSDOT and FHWA The scope of work described in this document covers only the Phase 1 tasks Completion of Phase 2 will be conducted in the future under a separate scope and budget authorization. Scope of Work for Phase 1 The following tasks, each of which is described in detail in the following sections,will be conducted for Phase 1: ■ Task 1 Conduct Project Initiation and Data Compilation ■ Task 2. Prepare Preliminary Environmental Classification Summary ■ Task 3 Section 106 Cultural-Historical Review ■ Task 4 Coordinate with WSDOT and FHWA to Define Phase 2 NEPA Documentation Requirements n Qc:ahar 31,2006 Scope of Work-Phase t for East Valley Highway84b Street Rehabilitation Project ■ Task 5. Project Management Task 1. Conduct Project Initiation and Data Compilation Data Compilation This scope assumes that the City has developed one Project Alternative, and that drawings showmg cross sections, horizontal alignments, and vertical alignments for the Project will be provided to the Consultant at project initiation.The Consultant team will obtain from the City and review all available information related to this project, including but not excluded to: ■ Electronic draft of preliminary SEPA Checklist(prepared by City)and its supporting documents The information used to support the SEPA us checklist is assumed to be of sufficient detail to support comparable elements in the ECS. ■ Materials related to development of the Local Improvement District(LID) for the Project, relevant to the NEPA process ■ City-specific graphics standards(e g logo use),and ■ Electronic files of the conceptual plans and profiles for the Project,overlaid onto recent aerial photographs. ■ Digital GIS or CAD layers of existing land use,future land use,zoning,parcels,critical areas, streams, and existing drainage infrastructure ■ Information related to property acquisition for the expanded Right of Way (ROW)- inventory of properties affected by the Project, including type of business, building area,assessed value, and a description of the property take expected to occur. ■ Information for conceptual stormwater design: o Narrative, maps and drawings showing the conceptual design of the stormwater collection, detention, conveyance,treatment, and disposal systems for the Prol ect. o Calculations for existing and proposed future impervious area. o Calculations for existing and future stormwater flowrates, and future discharge flowrates from the treatment systems. Consultant will order standard data sets related to wildlife and fisheries habitat including Priority Habitats and Species data and Washington Natural Heritage data Task 2. Prepare Preliminary Environmental Classification Summary Site Reconnaissance and "Ground Truthing" This task consists of project site visit for all technical leads and technical reviewers on the project team,to become familiar with the project coi ridor,"ground truth'the information described in City of pert Scope of Work—East valley Highway-Uh Street Rehabilitation Project the City's SEPA checklist and supporting documents,and conduct any site reconnaissance that will be needed to complete the ECS. Consultant will prepare a brief technical memo including a matrix table summarizing the Consultant's observations during the reconnaissance and SEPA Checklist"ground truthing" If the reconnaissance identifies data gaps that could affect completion of the Preliminary ECS, then the Consultant shall advise the City Additional reconnaissance and/or analyses to address those data gaps are beyond the scope of this work, and would be initiated only after the City issues a supplemental authorization Preliminary ECS for Informal Submittal to WSDOTIFHWA The purpose of the Preliminary ECS is to provide WSDOT with information with which to determine if the Project will require either a DCE or an EA for NEPA documentation The Consultant will prepare a draft and final version of the Preliminary ECS,using the available data and site reconnaissance results to document the potential environmental impacts, if any, and readily-available mitigation measures that would prevent significant impacts Task 3. Section 106 Cultural-Historical Review The following NEPA elements have the potential to cause critical-path design and scheduling concerns for the Project, and will be expedited as part of the Phase 1 work: ■ Section 106 Cultural-Historical Assessment Section 106 Cultural-Architectural-Historical Review Review and documentation of potentially significant cultural and historical sites could become a critical path item for the Project, so this task will be initiated in Phase 1.The survey and report are to be consistent with Section 106 of the National Historic Preservation Act(NHPA) regulations, Federal Highway Administration(FHWA)Technical Guidance T6640 8A, Washington State Department of Transportation (WSDOT)guidelines(Environmental Procedures Manual M 31-11, Section 456), and Washington Department of Archaeology and Historic Preservation (DAHP) survey and inventory guidelines The Consultant will meet with the City to discuss the proposed Area of Potential Effect(APE);coordination procedures with the City,DAHP, WSDOT, Tribes, and others, the proposed project including construction methods, project schedule, draft outline for the technical report,base maps and electronic data(i e , AutoCAD, GIS), available background information, access to private properties, and issues related to the project and completion of the technical report. Pertinent literature on the archaeology, ethnography, and history of the APE will be reviewed to determine the existence of archaeological sites and to determine the probability for archaeological resources and traditional cultural places in the project area Previous cultural resources studies, historic buildings and structures inventories, ethnogiaphies, local histories, historic maps, as well 1 ®ctaher3i,2C96 Scope of Work—Phase 1 for East Valley Highway-841h Street RehaNhiation Project as records held by the DAHP and City would be consulted Existing information gathered by the City will also be reviewed. The Consultant will conduct a systematic field reconnaissance to identify previously recorded and/or unrecorded archaeological resources where ground-disturbing activities are expected to take place The field survey of archaeological and historical buildings will be conducted for the Project. Field reconnaissance will include a series of pedestrian transects at varying intervals, depending on terrain throughout the proposed project area All new sites will be mapped, photographed, and recorded on Washington State Archeological Inventory forms and submitted to the DAHP for Smithsonian numbers Specific activities of the field survey include: ■ Documenting and assessing the previously recorded cultural resources or historic properties within the APE, ■ Identifying,documenting and mapping with GPS,as appropriate,and describing any newly discovered cultural resources in the proposed project area, ■ Completion of up to 3 Washington State Historic Property Inventory Database evaluation forms (for up to 3 historically significant buildings) The results of the study will be presented in the technical report for the Project The technical report will include summary background information for the project area, including environment, previous cultural resources studies, ethnography/ethnohrstory, and history, listing of historic buildings and structures that will be directly(physically)affected by the project, methodology and results of the investigation,and a map of located archaeological sites and historic buildings and structures Recommendations will be provided for any archaeological sites that may be significant or historic buildings and structures that require further evaluation Assumptions • City will provide detailed project descriptions that include the project purpose, location, and elements of the projects and technical drawings Any changes to the proposed project (i e, changes to the road prism/footprint, additional storm water facilities, etc )would need to be reviewed to determine any change the project's APE, or need for additional field surveys to be conducted under a separate task order or addendum • Shovel probe investigations are not included in this scope,because it is assumed the entire corridor is developed with no reasonable access to native soil ■ If it is determined through preliminary investigation that access to a specific property is necessary,then the City will coordinate with property owners to allow Jones& Stokes access for archaeological and historical survey ■ This scope of works assumes one meeting between Jones & Stokes and the City project manager to discuss the elements of the projects elements, timing, and potential issues Additional cornmanications��Ul be by phone and e-mail and monthly meetings Deliverables ■ A project binder will be compiled of relevant background information on the previously recorded archaeological sites and any previously conducted archaeological surveys within the proposed project's APE. I 1 9 City of Kent M Scope of Work-East Valley Highway-80 Street Rehabilitation Project ■ Consultant will prepare a cultural resources report which meets state and federal standards for reporting as outlined in the guidelines provided by the DAHP, and consistent with the WSDOT Procedures Manual and guidance from Highways and Local Programs staff ■ Consultant will provide a draft report to the City for review and comment Consultant will incorporate comments/edits and will provide the City with two final hard copies of the report and an electronic PDF version It is assumed the City comments can be addressed with editorial revisions, with no additional field work or substantive analyses City staff will forward the report to WSDOT Highways and Local Programs, who will distribute it as necessary. ■ Response to WSDOT's comments to the report is not included in this scope for Phase 1. Those responses will be prepared under a separate authorization in Phase 2 Task 4. Coordinate With WOUVT/FHViVM Kickoff Teleconference with WSDOT At the start of Phase I the City and Consultant will coordinate a kickoff teleconference with WSDOT to briefly review the engineering elements of the Project, and define WSDOT's process to define the future NEPA requirements. The Consultant's project manager and project director will attend the teleconference Meeting with WSDOT to Review Preliminary ECS A meeting will be held with the WSDOT Local Programs representative to review the summary of results of the environmental analysis and the Preliminary ECS, to review the engineering and environmental aspects of the Project and to confirm WSDOT's concurrency on the CE status. We will solicit WSDOT's guidance about what level of documentation(i e., discipline report, technical memorandum, or no further documentation)to be required by the agency in the Phase 2 portion of this project for the following elements ■ Earth(geology and soils) ■ Air Quality Transportation Conformity ■ Wildlife, Fish and Vegetation ■ Wetlands ■ Energy • Noise • Hazardous Materials • Lard Use, Land Use Plans,Growth Management ■ Environmental Justice ■ Visual Impacts ■ Public Services and Utilities f�l J October31,2008 Scope of Work-Phase 1 for East Valley Highway$41"Street Rehabilitation Project ■ Construction Report ■ Water Quality • Social,Economic, and Relocation Task 5. Project Management Project Management tasks are described as follows: ■ Prepare and monitor project schedule,budget management— ■ Monthly progress reports (Assume 3)—Report will be prepared an included with each monthly invoice that provides summary of work completed, and scope, schedule and budget status. f�l 0 City at Kent Scope of Work—East Valley Highway-84.n Street Rehabilitation Protect Schedule and Budget Schedule Table 1 shows the proposed schedule for submittal of the deliverables described in the preceding work scope Table 1. Project Schedule Deliverable Submittal Schedule WSDOT Kickoff Meeting 2 weeks after City provides data on engineering aspects of Project. Site Reconnaissance 3 weeks after City provides SEPA Checklist and existing Memorandum environmental documentation, adequate to conduct ground truthing. Preliminary ECS (Draft) 3 weeks after city provides comments to Site Reconnaissance Memorandum Preliminary ECS (Final) 3 weeks after city provides comments to Draft Meeting with WSDOT to Consultant will attempt to schedule meeting within 2 weeks Define Phase 2 NEPA after submittal of Preliminary ECS (Final) Actual meeting Requirements schedule is at the discretion of WSDOT Cultural-Historical Report 10 weeks after Contractor receives City-supplied information (Draft) on engineering elements of Project Final Cultural-Historical 3 weeks after receipt of comments to Draft Report Report for Submittal to WSDOT Estimated Budget for Phase 1 Table 2 shows the estimated labor effort by staff person and the estimated total budget for the Phase 1 work scope All costs will be invoiced on a time-and-materials basis October31,268fi Exhibit C-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work The CONSULTANT shall conform 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 negotiated hourly rates shown in ExhibitsD and E attached hereto and by this reference made part of this AGREEMENT The 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 AGENCY 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 train 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 following exception if any litigation, clams, 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 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 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 AGENCY 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 @ 0 4 S3 o'a @ % Per Hour See attached. �c 4A0yr 3,245- ma$plelr ZooG I}r,�UQ f:6�r Sd ' _o aoz eN Zod4 (D a LL N tlr Q _ O w - � o w T N w t9 O Q m m vi w ^ w ui WWN O to w O Q `�' 4 O J fJ •- N Q N CJ N •- N w p N Y o m w W m �1 N [•1 (J J N V N N l r1.r.••� � �^ � � >� � NIN ml aNaN � � N m m 5141 O wy N Oi a N 6 w a � W wcy- ppw sH Y r , •O � N , , p o w L > t w w /L LLN O IA t [ N H N w m r w z tNe� ,N OaN • � � L 1 - N � ` � O Q U N p p w w N � N R O w w /y :t S m M � m n o •_ IL w N N [ [ w w mo H a AG7 � t' � .�� 'er a�No- ';m[ �+ m Qo m n � m �• a m Z > c t LLw N O co cU n K N w C w L m _I N R m w =I W T id � !n O Nr me ms m[N oml emom[ x�,� O O v 0 m �I e H U > to m - Y 3 Y w = m S R m i t C, f L yp Q a i v ❑ E 3 v H a r W OOR N W ra N N >q = F H > C tp U N P pPp � ❑ E � c E `� N o v m a °`°� S r N U m a v of v y o m 2 3 a v w m e U m 3 v H a v V In id m Y r�i c QQ c W d v m a o o a v Z_ d ° ° o m j `m u < c = m ia o v H H c u U y c p F- c c O I°1i a c CL > c K W N ° U o E a -o C m t w u o c `m v = 3 f Y ❑ C Y In R' (n ❑ Y (n Y Y 6. Y U � L j$ E ° V O O S O � �, � �i 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.