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HomeMy WebLinkAboutPW07-077 - Original - Jones & Stokes Associates, Inc. - 116th Ave SE Street Improvements Project - 05/08/2007 ,W, O Records Mla,n-agem1enuDocument W I.SHINGTOry 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: &07- n7 7 This is assigned by Mary Simmons Vendor Number: Project Name: 116th Avenue SE Street Improvements Proiect Contract Effective Date: Date of the Mayor's signature 5-4107 Contract Termination Date: August 31, 2007 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Abstract: Conduct a cultural resources survey for the Proiect. ADCL7832 07/02 KENT W P 5 r1 I N G T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and Jones & Stokes Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jones & Stokes Associates, Inc. organized under the laws of the State of Washington, located and doing business at 11820 Northup Way, Suite E-300, Bellevue, WA 98005, Phone. (425) 822-1077/Fax (425) 822-1079, Contact Jennifer Barnes (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall conduct a cultural resources survey for the 116th Avenue SE Street Improvement Project. For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by August 31, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fourteen Thousand, Five Hundred Eighty Two Dollars (S14,582 00) for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement The Consultant's billing rates shall be as delineated in Exhibit A. B The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement The City shall provide payment within forty-five (45) days of receipt of an invoice If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) IV. INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, t he w ork in ust in eet t he a pproval o f t he C ity and s hall b e subj ect t o t he C ity's general r ight o f inspection to secure satisfactory completion XIL WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recvclable Materials Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in wnting. E Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail H Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: ROy\ N By: (signature) i (signature) Print Name- e tX(C � X� Pri Na uzette Cooke Its ���` Its Ma or (Title) etle) DATE: DATE: O NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jennifer Barnes Larry R. Blanchard Jones & Stokes Associates, Inc. City of Kent 11820 Northup Way, Suite E-300 220 Fourth Avenue South Bellevue, WA 98005 Kent, WA 98032 (425) 822-1077 (telephone) (253) 856-5500 (telephone) (425) 822-1079 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: K,e Law 1) artment Jones&Stokes-116th/Madfai CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. ` ? 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of � , 200 By: For. Sto L-- Title: T V! q C,4 Date: Z?U/ 0� EEO COMPLIANCE DOCUMENTS- I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE- January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the Ctty's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_ By. For. Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A Scope of Work Archaeological ( Historical Services for the 116th Avenue SE Street Improvement Project Introduction This Scope of Work(SOW)presents an approach and study tasks for Jones & Stokes to conduct a cultural resources survey for the I I6th Avenue SE Street Improvement Project in King County, Washington 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 This SOW is based on information provided by the City of Kent via email and a phone conversation between Mark Madfai, City of Kent, and Jennifer Barnes, Jones& Stokes The project is located on the East Hill neighborhood of Kent and consists of approximately 2000 feet of widening an existing roadway from 2-lanes wide to 5 lanes wide including bicycle lanes and sidewalks on each side of the road. The project will also include installing sanitary sewer, storm sewer, and improvements to the intersection of Kent-Kangley Road and 116th Avenue SE to provide an additional left turn lane on the east side of the intersection southbound to 116th Avenue SE The project is located in Sections 28 and 29, Township 22 North,Range 5 East, Willamette Meridian on the USGS Auburn (1994) 7 5-minute topographic quad. Currently the project area is an existing 2-lane roadway with gravel shoulders and open ditches along both sides of 116th Avenue SE beginning approximately 140 feet south of SE 256th Street to Kent-Kangley Road. Kent-Kangley Road is an existing 5-lane roadway section with sidewalks both east and west of 116th Avenue SE 116th Avenue SE south of SE 256th Street is a 5-lane roadway for a distance of 140 feet SE 256th Street east of 116th Avenue SE is a 3-lane roadway with bicycle lanes and sidewalks and a 2-lane roadway with gravel shoulders west of 116th Avenue SE 116th Avenue SE south of Kent-Kangley Road is 5-lane/4-lane roadway section with bicycle lanes and sidewalks. The drainage along Kent-Kangley Road east and west of 116th Avenue SE and along SE 256th Street east of 116th Avenue SE is via storm sewer conveyance system. The existing terrain is flat to rolling The maximum slope along the centerline of 116th Avenue SE north of Kent-Kangley Road is 4 28% 7 116th Avenue SE Street improvement Project The City of Kent's construction contractor will be excavating the existing roadway section down to the new roadway sub-grade elevation along 116"'Avenue SE The City's contractor can use the roadway excavation for fill outside of the roadway fill section or remove the material from the Job site The construction contractor will also be doing trench excavation for sanitary sewer, storm sewer, and water main along 116th Avenue SE The new roadway section will be backfilled with 8 inches of bank run gravel, 8 inches of crushed surfacing base course, 2 inches of crushed surfacing top course and 6 inches of asphalt concrete pavement to finished grade. This work will all take place entirely within the City of Kent right-of-way Study Tasks Task 1. Startup Meeting The Jones & Stokes team will participate in one start-up meeting with the City of Kent to discuss the proposed Area of Potential Effect(APE), coordinate procedures with the DAHP,Tribes, and others, discuss the proposed project including construction methods,project schedule and draft outline for the technical report; determine extent of electronic data and coordinate the sharing of potentially useful electronic data/information, such as base maps, AutoCAD,and GIS files, discuss available background information, coordinate access to private properties, and discuss other topics related to the project and completion of the technical report. Task 2. Record SearchlLiterature Review 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's APE Previous cultural resources studies, historic buildings and structures inventories, ethnographies,local histories, historic maps, as well as records held by the DAHP and the City of Kent would be consulted Product 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. f 2—I City of Kent P8109A7 Scope of Work Task 3. Field Survey Jones & Stokes will conduct a systematic field reconnaissance to identify previously recorded and/or unrecorded archaeological resources where ground-disturbing activities are expected to take place Field reconnaissance will include a series of pedestrian transects at varying intervals,depending on terrain throughout the proposed project area Limited shovel probes(digging a hole with a shovel)will be conducted at locations of high probability of unknown cultural resources and/or areas obscured by vegetation. Shovel probes will allow for a geomorphological assessment of the project area and assist in the recordation of buried and unknown cultural resources. The shovel probes will be excavated along transects in high probability areas and excavated material will be screened using 1/8"mesh. All new sites will be mapped, photographed, and recorded on Washington State Archeological Inventory forms. The consultant will submit draft site forms to DAHP for Smithsonian number assignment The Smithsonian numbers and site forms will be included in the draft technical report. A preliminary investigation of the project area indicated twelve(12)parcels directly adjacent to the proposed roadway improvement that have buildings and/or structures on them that are 50 years or older Four of those twelve buildings were built between 1900-1910. The remaining eight buildings were built between 1949 and 1957. Based on information provided by the City of Kent, the project will stay entirely within the City's right-of-way and not require the purchase of private property to complete the job. Also,there are no buildings being altered or demolished as part of this roadway construction project Asa result, Jones& Stokes will conduct a reconnaissance inventory for all twelve buildings and will provide preliminary National Register of Historic Places evaluations on only the four buildings built between 1900-1910. These four structures represent examples of the early farmsteads found along Kent-Kangley Road and have the greater likelihood of being significant resources Jones& Stokes will complete Washington State Historic Property Inventory Database forms for all twelve buildings and include them in the draft technical report. Specific activities of the field survey include: ■ Documenting and assessing any previously recorded cultural resources and/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, and ■ The excavation of shovel test probes(up to 16)will assist in the effort to determine the absence or presence of archaeological deposits Due to the previously disturbed nature of the proposed April 11,2007 116th Avenue SE Street improvement Project APE and a preliminary investigation of the site's geomorphological setting, it is proposed that 16 shovel test probes will adequately cover the project's high probability areas. ■ Reconnaissance inventory of twelve historic buildings and National Register evaluations of the four buildings at 11704 SE Kent-Kangley Road, 1 1733 SE Kent-Kangley Road, 11715 SE Kent-Kangley Road, and 11505 SE Kent-Kangley Road Product. Upon completion of the field survey,a technical memorandum of findings will be submitted to City of Kent. Task 4. Draft I Final Technical Report Jones& Stokes 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 Environmental Procedures Manual. The results of the study will be presented in a technical report. Any changes to the proposed project(i e,changes to the proposed siding extension, staging areas, additional storm water facilities,etc )would need to be reviewed to determine any change to the project's APE, or need for additional field surveys to be conducted under a separate task order or addendum The technical report will include summary background information for the project area, including environment,previous cultural resources studies, ethnography/ ethnohistory, and history, a listing of any historic buildings and structures that will be directly 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 Product Jones&Stokes will prepare a draft for internal peer review by a senior archaeologist/historian Following internal review, we will provide draft reports to the City of Kent for review and comment Jones & Stokes will incorporate comments/edits and will provide the City with five(5)final hard copies of the report (1 unbound for DAHP, 3 for tribes,and 1 for the City)and an electronic PDF version. The City of Kent will forward the unbound report to DAHP (with appropriate cover sheet provided by Jones & Stokes) and the Tribes for review. Task 5. Project Management The Jones & Stokes' project manager will manage the project team, contract, and billings Project management activities will include contract management, imonthly City of Kent PB109 07 Scope of Wu€k invoicing/progress reports,budget tracking,record keeping, staff coordination, and coordination with the City of Kent's project manager Progress reports will summarize the following accomplishments for the work period, planned activities for the next period,problems or issues encountered, schedule status,and budget status Product. Monthly progress reports submitted with invoices. Assumptions The following is a preliminary list of assumptions for the 116'h Avenue SE Street Improvement Project ■ City of Kent will provide detailed project descriptions that include the project purpose, location,and elements of the projects and technical drawings ■ City of Kent will also provide Auto Cad drawings, if available, showing plan drawings of the project including existing and proposed structures, roads, sidewalks and any other project elements necessary for project operation or access ■ Consultant will coordinate with affected Native American tribes concerning the project by contacting them and asking if they have any issues with regard to the project. ■ If it is determined through preliminary investigation that access to a specific property is necessary,then the City of Kent will coordinate with property owners to allow Jones& Stokes staff access for archaeological and historical survey • This scope of work assumes one meeting between Jones& Stokes and the City of Kent project manager to discuss the elements of the project, timing, and potential issues(Task 1) Additional communications will be by phone and e-mail and monthly meetings • Any additional fieldwork or analysis(e.g, evaluation of any historic buildings and/or structures or archaeological sites) beyond what is specified in this scope of work would be covered by contract augmentations ■ If potentially significant cultural resources are identified during fieldwork activities, recommendations will be provided in the technical reports on potential mitigation measures available to the City of Kent. �l J Apri111,2007 116th Avenue S£Street improvement Project Schedule Assuming no changes in the Project's APE or proposed project or discovery of potentially significant resources in the APE,the preliminary schedule to complete the Cultural Resources Survey and report would be as follows Task Completion Schedule Task I Startup Meeting 10 work days after contract approval or receipt of written Notice to Proceed Task 2 Record Information will be reviewed as received Search/Literature Review from City of Kent and gathered from DAHP Task 3. Field Survey May 2007 Task 4. Preparation of Draft report 60 days after contract Draft/Final Technical Reports approval or receipt of written Notice to Proceed. Final report 7 days after receipt of City of Kent's comments on draft report Task 5. Project Management On-going Budget Jones &Stokes will complete the above work for an amount not to exceed $14,582 00 Costs will be invoiced on a time-and-materials basis The attached Cost Estimate provides the level of effort and estimated budget for each task identified in this scope City of Kent B P8109.07 Scope of Work Project Team Jason B. Cooper,M.A.,RPA,Senior Archaeologist. Mr. Cooper will be responsible for overseeing the archaeological fieldwork and will be the primary author of the technical report. Telephone Number. 425-893-6423. E-mail jcooper@jsanet.com Shane Sparks,Archaeologist Mr. Sparks will be responsible for carrying out the archaeological fieldwork and provide input into the technical report. Telephone Number. 425-893-6446. Email. ssparks@jsanet com Chris Hetzel,M.A.,Architectural Historian. Mr Hetzel will be responsible for carrying out the historic building inventory and evaluations and will be the primary point of contact for any above ground resources Telephone Number 425-576-5979. E-mail chetzel@jsanet com David Rice,PhD., Senior Reviewer. Dr Rice will be responsible for internal peer review of the Task 5 Report. Telephone Number: 503-248-9507 Email- drice@jsanet com Apnl 11,2007 N N U o - v O w h O C N O O O cp O w N O w w O y O M O O p O V M O 0N O J EA ry ifl O Q p ypp Fn N 69 rA oo M a WO fo no a W N O ate. G J b O W S c ui w a O o 1 c °a m a o + E n W I ` m " O N O O O D O rD N O W tp L V O (•'J O O O C t�J O O (V ix o E (LLJ J� CC r r N m (A 7 > Q � U C n U u a M r c w' 0 " - ' E C U , `OJO N N wN U $ u — r `u4 44 w Q o e> «» Q c 7 g U o fn m 1 4 -O-• _ , p m 7 N O N O N r y U U U ei ma N R � w o E o _E � E • m N N O N m W e m n a8 v7 + `m E @J L° > y yYry�� m a = ° a n C7 T C fn UJ Z ru h N `U N U C N p y 4 Q c p m O" J ND- d Y Y Y Y j Y N N N N N fJ = U _ H ♦- H F H F- CD fn � EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage If necessary, the policy shall be endorsed to provide contractual liability coverage 2. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liabilitv insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance 1. The Consultant's insurance coverage shall be primary insurance as respect the City Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A.VII E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Fax Server t/1/LUU! 1U :L`J: 41 A111 YAUG L/ vvJ IaA � r�i ACORD,,, CERTIFICATE OF LIABILITY INSURANCEPage 1 of 3 05/O1/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 877-945-7378 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE. Willis North America, Inc HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND CR 26 Century Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P O Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC## INSURED Jones i Stokes Associates, Inc II ISURERA American International Spemalty Lines In_r26883-Oj2 _83_-0� Att. Pam Lampkin INYIRFHII Commerce and Industry Insurance Company 10-004 2600 v Street - - - -- —- — - -- — - - - - Sacramento CA 95818 INSURER[ American International Specialty Lanes In INSURER) American Home Assurance Company 19380-001 urSunEHE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NCTV.9THCTANDING t ANY REQUIREMENT TEPM OR CONDITION OF ANY CONTRACT OR CTHER DOCUNIENT WITH RESPECT TO WHICH THIC CERTIFICATE MAY RE '[CUED CR MAY PERTAIN THE INSURANCE AFFORDED BY THE EST IC'E3❑ESCRIBEC HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LINAITG SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD T POLICY EFFECTIVE PO LICY EXPI RATIONT LTR INSRH TYPEOFINS'URANCE POLICY NULEEF DATE MM DD,YV DATE iMM DID YY LIMITS A jGENERALLIABILITY PROP2027883 [10/1/2006 �10/1/2007 EACH OCCURREI ICF I 1-,000,0GO r DAMAGFTO REI ITED XXX C010MFRnAl GFNrRAI HARRY PREMISFSIE.am,-lrel_ $ 500,OCO_ CLAIMSMADE OCCUR MED EXP IAnv one P'=rEon) $ _ 5�000 X Po11ut1on Llab Incl PERSONAL&ADD'P]JURY $ 1 0000 ocQ X Contractual Liabilit I GEIEHALAGGREGATE IS 2�000�GC0 GENLAGGREGATELINIITAPPLIESPER PRODUCTS COMP OPAGG $ 1L000�__QiC 1Y11IGY JRCT I!N J[ B AUTOMOBILEUABILITY CA5054198 10/l/2006 10/1/2007 CONIBNEDUNGI L LIMIT 'X AHYAUIu (EaaerxMN) $ 1,000,000 ALL OLVPIEDAUTOS BODILY INJURY SCHEDULEDAUTOS (Perpwwn) $ HIREUAMOS BOUILYII IJURY $ NON O NNED AUTOS (Per am,c ill) PROPERTYDAMAGE $ ' IP?ra¢x}:m) GARAGE LIA6ILITY AUTOOIJLY CA AC(IDEM1IT $ AHYA]I10 EAACC $ OTHERTHAN ----- AL1T00111 Y AGG $ _ C e%CESSLIABILITY IPROU8085646 10/1/2006 10/1/2007 FACHOCCURPrIWE 5 000,000 X OCCUR CLNMSMADE AGGREGATE $ 5 000 OC $ UEDUCHBLIE $ - X RETENTION $ 10 00 $ D WORKERS COMPENSATIONAND California WC3423144 10/1/2006 10/1/2007 X TORYLIAr11TS--_ ER EMPLOYERS LIABILITY - 0 AIIYPHOPRIFTORPARrnFFErXFGUTIVE All Other WC3423143 10/1/2006 10/1/2007 ELEACHACCWEIIT % 1,000 000 UH-I(ER,MEMUER EXC LIIDED? EL DISEASE ER EMPLOYEE $ ], Q0Q QQQ II v=c E I,ME I3ER �Prc]n] PHcwlslwusw.row EL DISEr.6 PCJLIcyU1,11T $ 1 coo OCQ A OTHER PROP2027883 10 1 2006 10 1 2007 Pro£eseional Liability $1,000,000 Each Loss Claims Made $1,000,000 Aggregate 5U BOB Deductible _ DESCRIPTION OF OPERATIONS,LOCATIONSVEHICLES EXCLUSIONS ADDED BY ENDORSEMENT,SPECIAL PROVISIONS Re. 116th Avenue South East Street Improvement Cultural Survey, JLS Proposal No FE109 07 It's hereby agreed that The City of Kent is to be covered for General Liability and Automobile Liability as required by written contract General Liability shall also contain a clause stating that coverage shall apply separately to each incur d *czainct whom claim is made or suit is brought CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED DD EFORE THE EXPIRATTQN DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRI"'3P NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SH,�,. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS )P City of Kent, Engineering D®pnxtment Attn Nancy Yoshrtake REPRESENTATIVES 220 4th Avenue South AUTHORIZEDR).'pRESENTATIV --_� Kent, WA 98032 1 - ACORD25(2001/08) Coll 1969351 Tpl 542167 Cert 8907 1442 0ACORDCORPORA7ION1938 Fax Server 5/1/2007 10 .29: 47 AM PAGE 3/007 Fax Server W1111S CERTIFICATE OF LIABILITY INSURANCE Page 2 of 3 05/01/2007 PRODUCER 877-945-1378 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, TN 372 30 52 91 INSURERS AFFORDING COVERAGE NAIC# INSURED Jones 5 Stokes Associates Inc INSURER_A American International Specialty Lines In 26883-00_ A,ttn2600 Pam LampkStreet n INSURFRR Commerce and Industr Insurance —�19410-OC4 2600 V Street - --- -- -- - — — -Y -- - - _Company— Sacramento, CA 95818 IHSUREAC American International Specialty Lines_Ir, 26883_-002 IIJSLIRERC American Home Assurance Compan 19380-001 NSURERE DESCRIPTION OF OPERATIONS LOCATIONS,VEHICLES EXC LUSI ONSADDED PY EN70RSEMENPSPECIAL PROVISIONS If required by insured contract, such insurance as is afforded by this policy is Primary insurance and no other insurance of the Additional Insured will be called upon to contribute to a loss E I r i 1 I 1 A { A L k E I k 1 r Coll 1969351 Tpl 542167 Cert 8907442 rax berver !a111ZUU1 1u' Za'41 AM VAUI 41001 tax berver 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 endorsements) 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 1969351 Tpl-542167 Cert 8907442 Fax Server 5/1/2007 10.29.47 AM PAGE 5/007 Fax Server III 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 Re: 116th Avenue South East Street Improvement Cultural Survey, J&S Proposal No. P B109.07 (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 Copyi fight Insurance Service Office Inc 1984 Fax Server 5/1/2007 10 :29:47 AM PAGE 6/007 Fax Server 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 persons) or crgamzation(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 Named Insured (Authorized Representative) Jones&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 oiganization qualities as an insured' under the Who Is An Insured Provision contained in Section 11 of the Coverage Form Fax Server 5/1/2v07 10:29. 47 AM PAGE 7/007 Fax Server 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 INSUREDrPRIMARY 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 cut of your ongoing operations performed for the Addifiona! Insured by or for you Additional Insured The 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-contr&tory, and our obligations are not aftected 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) CI1486