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HomeMy WebLinkAboutPW07-178 - Original - Westmar Consultants Corp. - S 228th Street Grade Separation Final Design - 03/06/2007 Records M ageme" t;4ft,k, KENCN WASH IN OTC N � Document S )uY= 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: Westmar Consultants Corp. Contract Number: PW07-0 y This is assigned by Mary Simmons Vendor Number: Project Name: S. 228th Street Grade Separation Contract Effective Date: Date of the Mayor's signature Contract Termination Date: December 31, 2007 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Abstract: Provide final design for the Miles Sand and Gravel batch plant reconfiguration. ADCL7832 07/02 Consultant/Address/Telephone Local Agency Westmar Consultants Corp. Standard Consultant 4040 Lake Washington Blvd NE, Suite 305 Agreement Kirkland, WA 98033 g Contact Matthew Laccmole Agreement Number LA 5632 (425) 822-2462 Federal Aid Number Protect Title And Work Description DEMO - 1216 (001) S. 228th Street Grade Separation Agreement Type (Choose one) Provide final design for the Miles Sand and Gravel ❑ Lump Sum batch plant reconfiguration Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % DBE Participation Overhead Cost Method ❑Yes ® No % ❑Actual Cost WBE Participation ❑Actual Cost Not To Exceed % ❑Yes ®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 Eecember 31, 2007 ❑ Specific Rates Of Pay - ❑ Negotiated Hourly Rate Total Amount Authorized $ 120,800 00 ❑ Provisional Hourly Rate Management Reserve Fund $ ®Cost Per Unit of Work Maximum Amount Payable$ 120,800.00 THIS AGREEMENT, made and entered into this 6th day of March 2007 , 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 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 protect 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 f various phases and the order of performance of the or 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 arise 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 Ail 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- s 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 The CONSULTANT warrants that he/she has not regard to, but not limited to the following employ- sent 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 sroe possession of another who fails or refuses to Federal Regulations, Part 21, as they may be furnish this information the CONSULTANT shall amended from time to time, (hereinafter referred so certify to the AGENCY, or the United States to as the Regulations),which are herein incorpo- Department of Transportation as appropriate,and rated by reference and made a part of this shall set forth what efforts it has made to obtain AGREEMENT The consultant shall comply the information with the American Disabilities Act of 1992, as E. SANCTIONS FOR NONCOMPLIANCE- In the amended event of the CONSULTANT's noncompliance B NONDISCRIMINATION The CONSULTANT, with the nondiscrimination provisions of this with regard to the work performed by it during the AGREEMENT, the AGENCY shall impose AGREEMENT, shall not discriminate on the such sanctions as it or the Federal Highway grounds of race, creed, color, sex, age, marital Administration may determine to be appropriate, status, national origin or handicap except for a including, but not limited to bona fide occupational qualification in the selec- t Withholding of payments to the CONSULT- tion and retention of subconsultants, including ANT under the AGREEMENT until the procurements of materials and leases of equip- ment The CONSULTANT shall not participate CONSULTANT complies, and/or either directly or indirectly in the discrimination 2 Cancellation,termination or suspension of the prohibited by Section 21 5 of the Regulations, AGREEMENT, in whole or in part including employment practices when the contract covers a program set forth in Appendix II of the F INCORPORATION OF PROVISIONS The Regulations CONSULTANT shall include the provisions of paragraphs (A)through (G) in every subcontract, C SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of INCLUDING PROCUREMENTS OF MATERI- equipment, unless exempt by the Regulations or ALS AND EQUIPMENT In all solicitations directives issued pursuant thereto The CON- either by competitive bidding or negotiation made SULTANT shall take such action with respect to by the CONSULTANT for work to be performed any subconsultant or procurement as the under a subcontract, including procurements of AGENCY or the Federal Highway Administra- materials or leases of equipment, each potential tion may direct as a means of enforcing such subconsultant or supplier shall be notified by the provisions including sanctions for noncompli- CONSULTANT of the CONSULTANT's ance, provided, however,that, in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in,or is Regulations relative to nondiscrimination on the threatened with, litigation with a subconsultant or grounds of race, creed, color, sex, age, 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 49 60 180 Regulations or directives Where any information required of the CONSULTANT is in the exclu- Page4of8 IX In the event of the death of any member, partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi- The right is reserved by the AGENCY to terminate sory personnel assigned to the protect,or, dissolution this AGREEMENT at any time upon ten days written of the partnership,termination of the corporation,or notice to the CONSULTANT disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT, if requested to do so by the CONSULTANT, a final payment shall be made to the AGENCY The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of renegotiation of the AGREEMENT between the AGREEMENT used surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses No payment shall be made for any work completed after ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to terminate If the accumulated the previous paragraph, should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT, with the AGENCY's concur- of Termination exceeds the total amount that would rence, desire to terminate this AGREEMENT, be due computed as set forth herein above, then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section shall immediately reimburse the AGENCY for any Payment for any part of the work by the AGENCY excess paid shall not constitute a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT,the above formula for payment shall not the CONSULTANT,or for failure of the CONSULT- apply In such an event, the amount to be paid shall be ANT to perform work required of it by the determined by the AGENCY with consideration AGENCY Forbearance of any rights under the given to the actual costs incurred by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in performing the work to the date of ment to exercise those rights with respect to any termination,the amount of work originally required future act or omission by the CONSULTANT which was satisfactorily completed to date of termina- tion,whether that work is in a form or a type which is X CHANGES OF WORK usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm The CONSULTANT shall make such changes and to complete the work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so, and other factors which as necessary to correct errors appearing therein,when affect the value to the AGENCY of the work per- required to do so by the AGENCY,without additional formed at the time of termination Under no compensation thereof Should the AGENCY find it circumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been made satisfactorily completed work or parts thereof 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- claims,demands or suits based solely upon the tion with the work not disposed of by AGREEMENT conduct of the AGENCY and the STATE,their between the CONSULTANT and the AGENCY shall agents, officers and employees and provided further be referred for determination to the Director of Public that if the claims or 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 suits 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 e The CONSULTANT shall obtain and keep in force employees harmless from and shall process and 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-I", 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 — - Su t e ke, Mayor Consultant Westmar Consultants Corp. Age cy ity o ent Page 8 of 8 CERTIFICATE-0F' INSURANCE a .- .z,,. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, Jardine Lloyd Thompson Canada Inc EXTEND OR ALTER THE COVERAGE AFFORDED B V Tu=_POLICIES BELOW 16th Floor, 1111 West Georgia St "incouver. B.C,V6E 4G2 _ _ •_„-7, COMPANIESAFFORDING COVERAGE", INSURED COMPANY WeStmar Consultants Corp. LETTER A -Continental Casualty COmpany(CNA) 305-4040 Lake Washington Blvd. COMPANY LETTER B - Kirkland WA COMPANY 1f�+C »i LETTER C - COVERAGE srx`•`"br,. ', ' .. _ .� 4".T' , THIS IS TO CERTIFY THAT 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 Co TYPE OF INSURANCE POLICY NUMBER POLICY POLICY LIABILITYLIMITS LTR EFFECTIVE DATE EXPIRATION (MM/DD/YY) DATE (MWDDNY) EACH OCCURRENCE AGGREGATE A GENERAL LIABILITY MPR2751784 Oct 31,2006 Oct 31,2007 BODILY •COMPREHENSIVE FORM INJURY $ $ •PREMISES/OPERATIONS -PRODUCTSICOMPLETED OPERATIONS PROPERTY •CONTRACTUAL DAMAGE $ $ BROAD FORM PROPERTY DAMAGE BI 8 PO PERSONAL INJURY NON-OWNED AUTO COMBINED $2,000,000 $2,000,000 PERSONAL INJURY $2,000,000 BODILY AUTOMOBILE LIABILITY INJURY (PERPERSON) $ BODILY INJURY (PER ACCIDENT) $ PROPERTY DAMAGE $ BI&PD COMBINED $ $ PROTECTION&INDEMNITY INSURANCE FOTHER INSURANCE DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS: gree that City of Kent is added as Additional Insured but only with respect to liability arising out of the operations performed by or on behalf e Named Insured All Limits are shown in Canadian Dollars. Certificate is not valid unless accompanied by the attached certificate of insurance disclosure Addendum dated January 4, 2007 CERTIFICATE HOLDER a s <' CANCELLATION City of Kent SHOULDANY OF THE ABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION DATE 220 4th Avenue South THEREOF,THE ISSUING COMPANY WILL ENDEAVOUR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILU 0 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE NY,rr3kfMNTS OR REPRESENTATIVES Kent, WA 98032 USA AUTHORIZED REPRESENTATIVE ACORD 25 CERTIFICATE OF INSURANCE DISCLOSURE ADDENDUM ATTACHED TO AND FORMING PART OF CERTIFICATE OF INSURANCE ISSUED TO: City of Kent NAMED INSURED: Westmar Consultants Corp. This is to certify that the policies of insurance listed in the attached Certificate 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. Limits shown may have been reduced by paid claims/expenses. These statements have been made in good faith and are a summary of the insurance cover in force (which is subject to the full terms and conditions of the policy). We accept no responsibility whatsoever for any inadvertent or negligent act, error or omission on our part in preparing these statements or for any loss, damage or expense thereby occasioned to any recipient of this certificate. The certificate is issued for convenience only. All of the terms and Conditions of the Policies referred to are contained in the original document which are not modified or amended by this Certificate. With respect to Liability Insurance Coverages, where an Aggregate limit applies, the Certificate Holder is advised that the limit shown may apply to products/completed operations or projects other than shown on this certificate and the limit may be reduced by Claims/Expenses Paid. Per Jardine Lloyd Thom son Canada Inc. Dated_January 4, 2007 SIGN BY AUTHORIZED REPRESENTATIVE Consultant/Address/Telephone Supplemental Signature Westmar Consultants Corp. Page for 4040 Lake Washington Blvd. NE, Suite 305 Standard Consultant Kirkland, WA 98033 Agreement Contact Matthew Laccinole Agreement Number Project Title And Work Description LA 5632 S. 228th Street Grade Separation Federal Aid Number DEMO - 1216 (001) Provide final design for the Miles Sand and Local Agency Gravel batch plant reconfiguration. City of Kent THIS AGREEMENT, made and entered into this 6th day of March 2007 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 AGENC By✓ By Su t o ke, Mayor Consultant Westmar Consultants Corp. Agen ity of Kent By By Consultant Agency By Agency By Agency DOT Form 140-089A EF Revised 4/98 Exhibit A-1 Certification Of Consultant Project No. LA 5632 Local Agency City of Kent I hereby certify that I am _• P and duly authorized representative of the firm of Westmar Consultants Corp whose address is --OVLA"fl—s-o�J(�T�N_ gLVD� jri 3p and that nether I nor the above firm I here represent has (a) Employed or retained for a commission, percentage,brokerage, contingent fee or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure 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. Date signature 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 o;7 Date gnature u tt o oke,, Mayor 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 meligible, 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) Westmar Consultants Corp. 3-Z3-off- (Date) (Signature)Presid t or Author d 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, i 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 laced when this transaction eP p P 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). Westmar Consultants Corp. 3-23-a� (Date) Signature)Preside t or Authorized Official of Consultant Exhibit A-4 Certificate of Current Cost or Pricing Data This is to verify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15 401 of the Federal Acquisition Regulation(FAR) and required under FAR subsection 15 403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of Y)ESTMF42 l)"i4t;TAkrrS CORP. * are accurate, complete, and current as of This 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 Westmar Consultants Corp. Name �> -1►�U Le Title J�PUemlb Date of Execution*** —Z- 64 * Identify the proposal, quotation,request for price adjustment, or other submission involved, giving the appropriate identifying number(e g, REP No) ** Insert the day,month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day,month, and year of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to I Exhibit B-1 Scope of Work ProjectNo LA 5632 See attached. Documents To Be Furnished By The Consultant See attached. EXHIBIT B-1: DETAIL ENGINEERING MILES SAND AND GRAVEL BATCH PLANT EXHIBIT B-1: SCOPE OF THE REQUEST 1 SPECIFIC SCOPE Westmar's Scope of Services specifically includes the completion of civil, structural, mechanical and electrical engineering and design in substantial detail to facilitate permitting and construction More specifically, the scope of this protect includes • Attend kick-off meeting and associated progress meetings(up to 6 meetings) • Coordination with Geotechnical Engineer(GeoEngineers)to evaluate loading and soil conditions. • Completion of overall site plan • Completion of stormwater plan(s),detad(s)and associated calculations • Completion of civil construction drawings including 1 Grading and drainage 2 Erosion and sediment control 3 Utility drawing(s) 4. Road design (Ingress/Egress into plant)—communicated carefully with the City of Kent engineering department 5. Batch plant process area detailing and associated process water design 6. Protect Specifications • Completion of Structural Design including: 1. Truck platform foundations and support 2. Retaining walls 3. Batch plant foundation 4 Warehouse/office foundations 5 Transfer tower(TT)and foundation 6 Reclaim conveyor truss modifications 7 Steel truss design from TT to batch plant aggregate bins. 8 Cement and fly ash silo analysis, associated upgrades and foundation design 9 Process(concrete)sump design 10 Structural Calculations stamped by a registered structural engineer in the State of Washington 11 Preparation of structural calculations for submittal (including previously completed work) 12 Protect Specifications • Completion of mechanical design including. 1 Conveyor calculations and associated data sheet 2 Sizing of mechanical components(motors, drives, pulleys, shafting, etc) 3. Conveyor line drawings 4 Chute work 5 Piping drawing(s) 6 Process flow diagram and equipment list 7 Evaluate dust collection system (if needed) 8 Completion of equipment specifications in accordance with MSG standards 80357—Preliminary Engineering Page 1 of 4 EXHIBIT B-1- DETAIL ENGINEERING MILES SAND AND GRAVEL BATCH PLANT • Completion of electrical design including (as necessary for contractor to complete electrical modifications): 1 Power Distribution 2 P&ID drawings 3. Device(s)and associated wiring • Completion of cross discipline drawing check • Review shop drawings (as required) • Provide site review observation during construction • Bi-weekly progress reports • Provide procurement support • Provide construction support(response to construction questions) If there is any specific items associated with this project that the City of Kent or MSG would like to have added to Westmar's scope of work, please advise and the above list will be modified 1.2 Work Excluded ' Westmar's Scope of Services specifically excludes: • Any geotechnical services(plan on working with GeoEngineers) • Completion of any road/transportation design other than specifically addressed in the scope of services • Any air permitting • Any piping and conduit supports • Ordering of equipment • PLC & HMI programming • Start-up, testing and commissioning 1.3 Assumptions Westmar's Scope of Services is based on the following assumptions • MSG will provide all loading information for silos • The City of Kent will coordinate and provide support in all submissions to,and act as main contact with the City of Kent Building Department • The general arrangement drawing agreed to on 1/3/07 is acceptable to the City of Kent and MSG • Construction and commissioning mark-ups to be maintained by the contractor(as-built drawings to be completed by contractor) 80357— Preliminary Engineering Page 2 of 4 EXHIBIT B-1: DETAIL ENGINEERING MILES SAND AND GRAVEL BATCH PLANT 2 PROJECT COSTS The cost associated with above mentioned scope shall not exceed$120,800 as shown in Table 2.1 below. Table 2.1 —Project Costs Task Hours Total Cost Civil Engineering and Drawings 400 $32,000 Structural Engineering and Drawings 600 $48,000 Mechanical Engineering and Drawings 300 $24,000 Electrical Engineering and Drawings 240 $19,200 Cross Discipline Checking 40 $4,400 Project Management(Bi-weekly progress and 140 $11,200 coordination) Permitting and Construction Support 120 $9,600 Total Labor 1,460 $117,800 Disbursements Office Disbursements $1,000 Travel Costs $2,000 Total Disbursements $3,000 Total Project Cost $120,800 3 PROJECT SCHEDULE Table 3.1 —Project Milestones Milestone/Activity Start Date End Date Contract Execution 3/23/07 3/23/07 Review Meeting 3/15/07 3/15/07 Structural Permitting Drawings 3 W23107 4/04/07 Civil Permitting Drawings 3,/23/07 4/04/07 Issue for Bid Drawings(all disciplines) 3X23/07 4/13/07 Issue for Construction Drawings BV23/07 4118107 80357—Preliminary Engineering Page 3 of 4 p EXHIBIT B-1: DETAIL ENGINEERING MILES SAND AND GRAVEL BATCH PLANT 4 PROJECT PERSONNEL Project Principal, Matt Laccinole, P.E. Matt Laccmole has experience in the planning,design and construction of material handling,civil,marine,power and industrial protects Mr Laccinole's experience includes permitting, feasibility studies, conceptual design, detail engineering,project management,construction management and commissioning The types of projects he has been involved with include bulk material handling, intermodal transportation, marine structures, commercial site development, residential development and construction. Project Manager, Mechanical Lead and Main Point of Contact, Joe Peterson Joe Peterson will act as the mechanical lead for this project Mr Peterson has over 22 years of experience in various materials handling and multi-disciplinary projects He is familiar with both mechanical and pneumatic conveyance systems and has a significant amount of experience with cement handling Structural Lead,Jenny Carlson, P.E.,S.E. Jennifer Carlson has over20 years of engineering experience in heavy industry including marine docks,oil refineries, steel mills and aluminium plants, pulp and paper, food processing, and power plants Her background includes project management, conceptual and detail design, permitting assistance, scheduling and cost estimating, and feasibility studies Ms Carlson provides engineering support for design and analysis of structures, foundations, and equipment supports Her qualifications and expertise allow her to develop a concept, relate it to the customer through design drawings,follow it through fabrication and construction, and resolve problems expeditiously. Quality Control/Quality Assurance/Cross Discipline Check, Rainier Hoyden, P.E. Reinier Heyden has 30 years of engineering and project management experience in the materials handling industry and port facilities Reinier is a mechanical engineer with a fairly strong structural background which makes him an excellent candidate for inter discipline review of drawings As well, with his experience he provides an excellent QA/QC check on all aspects of the batch plant project His areas of expertise include chip handling and screening, pneumatic conveying systems, bulk handling systems, dust control/ventilation, boiler feed systems, sludge handling and composting, paper machine rebuilds, paper roll handling and wrapping systems, hydraulic systems, air compressor systems, and gas turbine generator plant 80357—Preliminary Engineering Page 4 of 4 Exhibit C-5 Payment (Cost Per Unit Of Work) 1 When the AGENCY requests that a project be undertaken, the CONSULTANT shall prepare a fee proposal based upon a typical scope of work Upon agreement by the AGENCY and the CONSULTANT upon a scope of work and related fee, a maximum encumbrance, inclusive of expenses, will be established, to serve as a maximum amount payable for the project For accounting purposes, the CONSULTANT will be paid by the AGENCY for work done,based upon mutually agreed unit rates for work defined in Exhibits D and E The listed rates shall be applicable throughout the life of this AGREEMENT The rates are inclusive of actual salaries, overhead, profit, tools, materials, and equipment necessary or incidental for the completion of the AGREEMENT work Compensation for the following expenditures will be allowed when these costs are incurred directly m fulfilling the terms of this AGREEMENT 2 The maximum total amount payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown on page 1 of this AGREEMENT, unless a supplemental AGREEMENT has been negotiated and executed by the AGENCY prior to incurring any costs in excess of the maximum amount payable 3. The CONSULTANT may submit invoices to the AGENCY not more often than once per month during the progress of the work for partial payment of work completed to date The invoices will indicate the units of work completed each day during the invoice period in addition to the previous total Direct nonsalary costs, such as travel,reproduction telephone, supplies, and computer costs, shall be supported by an original or a copy of the invoice or billing instrument the CONSULTANT received for payment For example, a copy of the telephone company's itemized listing showing each call is necessary to verify the billing for long distance telephone calls Such invoices will be checked by the AGENCY and payment will be made in full for the amount thereof as has been found to represent the value of the completed work, less the amounts previously paid Exhibit D-1 Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: S 228th Street Grade Separation Direct Salary Cost(DSC): Classification Man Hours Rate = = Cost See attached X $ X X X X X X X X Total DSC = $ Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of % x $ Fixed Fee (FF): FF Rate x DSC of % x $ Reimbursables: Itemized Subconsultant Costs(See Exhibit G): Grand Total Prepared By Date D- 1 Discipline or Job Title Hourly- nver,,a4 Profit Rate Rate % @ �,/���J o/, Per Hour See attached. ? Y �lj� N) l.AW►�t71 — LAktliLlvi 5 , Z3 zo l4C o� - � - ;lN o �� 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