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PK07-044 - Original - Engineering Economics, Inc. - Engineering Services for Removal & Replacement of Underground Fuel Tanks - 02/20/2007
.."low a F Records M - Kat= gF��ern6 KENT Document Wn9HINGTON 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 City Clerks Office. Vendor Name: Vendor Number: JD Edwards Number okoContract Number: r This is assigned by Deputy City Clerk Description: ni:: 4���v Detail: /'a d-�-r'� __ f1� (� Project Name: (,� �f Contract Effective Date: Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: ✓ Abstract: S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 KENT WAS HI NOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Engineering Economics Inc THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Engineering Economics Inc organized under the laws of the State of Washington, located and doing business at Jeff Nichols, PE, 1201 Western Ave Suite 325, Seattle, Wa. 98101, (206)622- 1001 (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: Design Services Proposal to replace the Vehicle Fuel Tanks at the City of Kent Public Works Maintenance Operations facility located at 5821 S. 240", Kent,Wa., in accordance with the Vendor's proposal dated November 13, 2006, attached and incorporated as Exhibit A. 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 within 180 days III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty- nine thousand three hundred thirty dollars ($29.330) 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 B. 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 CONSULTANT SERVICES AGREEMENT- 1 (Over S10,000) 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. 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 C attached and incorporated by this reference. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) 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. 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. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. 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. Recyclable 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 writing. CONSULTANT SERVICES AGREEMENT-3 (Over S10,000) 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. 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: By: (signature) (signature) Print Name: Jew Jc ml+O -5 Print Suzette Cooke Its 13i'Z^NCk ►+.CaK_ Its Mavor (Title) / (Title) DATE: te -06O4 DATE: 12 7 NOTICES TO BE SENT TO: NOTICES TO BE/SENT TO: CONSULTANT: CITY OF KENT: Jeff Nichols Mike Hattrup, Project Coordinator EEI City of Kent 1201 Western Ave Suite 325 220 Fourth Avenue South Seattle, Washington 98101 Kent, WA 98032 (206)622-1001 (telephone) (253) 856-5082 (telephone) (206)622-5747 (facsimile) (253) 856-6080 (facsimile) APPROVED AS TO FORM: 1 Law Dew ment CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) [In this field,you may enter the clectromcfilepath where the contract has been saved] F CONSULTANT SERVICES AGREEMENT-5 (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: irlp N lc.(-o LS Title: j3,c^N,U "-k(tR— Date: �a_ ("� 'a oa (p EEO COMPLIANCE DOCUMENTS- 1 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 City'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 di Engineering Economics Inc Northwest 1201 Western Avenue, Suite 325 Seattle, Washington 98101 (206)622-1001 November 13, 2006 Charlie Lindsey City of Kent Parks, Recreation&Community Services 220 Fourth Avenue S Kent,WA 98032-5895 Re: City of Kent Maintenance Operations and Vehicle Fuel Tank Replacement Design Services Proposal EEI Project No.03-06309 Dear Charlie• EEI is pleased to submit this proposal for engineering services for the above-referenced project which involves the removal and replacement of three underground storage tanks(UST)with above ground tanks (AGT) 1. ASSUMPTIONS AND BASIS OF DESIGN a. The scope of work includes replacement of two underground storage gasoline tanks(10,000 gallons each) and one underground(5,000 gallon) diesel tank with an AGT of equivalent capacity The new AGTs will be specified as factory complete integrated packaged fuel delivery systems with fuel pump dispensing,bulk fill and tank monitoring,and tank level alarm system b The work will be designed and bid during 2007 The installation must be complete before the end of 2008 The assumption is that the new tanks will be in a new site location such that the closure of existing tanks can be completed with out disruption of fricl service at this site C. The existing tanks must have a Phase II Environmental Site Assessment to determine if removal or closure-in-place can be done The attached proposal and scope of work is included with Associated Earth Sciences'proposal as part of our proposal d The City wants to integrate a fuel management accounting and inventory control system into the project We will coordinate that the new tanks can interface with fuel management hardware and software needs, but this system will be provided by others under separate contract G t2006 ProposabU06309-Kem Mamt Slops UST Replan t\CL AGST Prop 11-13-2m doe Engineering Economics Inc Charlie Lindsey City of Kent Maintenance Operations and Vehicle Fuel Tank Replacement November 13,2006 Page 2 2. SCOPE OF WORK a Provide an Environmental Site Assessment in accordance with attached proposal from Associated Earth Sciences, Inc (AESI),to determine removal or closure-in-place options for existing tanks b. Provide plans and specifications for removal or closure-in-place of existing tank installation. C. Coordinate with A/E for direction and location of new tanks on-site in coordination with the site master plan A/E will provide a site plan and location of existing utilities, so that tanks may be located Coordinate with A/E civil engineer for site improvements, if needed that are listed below in Part 6 3 SUBMITTALS Our proposal is based on the following submittals to the architect during the design process. a. One 50%and 90%coordination submittals,including plans and specifications. b One 100%submittal to City for permit. 4. MEETINGS This proposal anticipates at least three design team mectmg(s) during the construction document phase at kick-off, 50%and 90% progress reviews 5. CONSTRUCTION PHASE SERVICES a Coordinate the permit submittal and review process with authorities having jurisdiction, b Answer contractor questions (RFIs)and prepare addenda as appropriate. C. Attend up to two site visits during construction d. Review contractor submittals and shop drawings. e. Answer contractor requests for information and clarifications f Prepare one final punch list site visit report included above. 6 EXCLUSIONS a. Site remediation services if soil is found to be contaminated. b. Post-UST removal of soil and water testing services. G 12006 ProposatW06309-Kent Matnt Shops UST ReplauementTL-AGST Prop 11-13-2006 doe Engineering Economics Inc Charlie Lindsey City of Kent Maintenance Operations and Vehicle Fuel Tank Replacement November 13,2006 Page 3 C. Site utility design improvements other than coordination with A/E for new tank placements on existing site Specific site surface improvements, which may include some of these elements that are not included in our scope of work as the scope of work is unknown 1) Paved or gravel base surface preparation or concrete pad service areas around and below new tanks, including restriping and repair to existing concrete and paved areas. 2) Security elements, such as pipe bollards,fencing,and lighting, if required. 3) Storm drainage modifications for surface water,including catch basins and oil/water separators 4) Relocation and demolition of other existing site utilities to accommodate new tanks, including electrical and data communications. 5) Canopies,fire extinguishers or other structural elements such as stairs or walk ways that are not part of the factory AGT d. Provide detailed cost estimating services. e Provide design services for modifications or improvements of mechanical/electrical systems outside the above scope of work f Provide modifications or changes during the construction document phase, which are inconsistent with approvals or instruction originally given g. Site soil geotechnical reports h. Other hazardous waste survey and assessments. i Other reviewing agency permits and fees. j. Site survey and existing utility locating 7. FEE PROPOSAL a. Basic Services- Our fee proposal for the design,produce drawings and limited construction review services shall be either stipulated sum or time-and-expense as follows Environmental Site Assessment(AESI) $6,665 x 1 10 markup= $ 7,330 Design Phase 18,500 Construction Phase 3,500 Total $?Q b Reimbursable expenses for actual expenses incurred shall be billed in addition to the basic fee at cost,plus 10% G 12006 Pmposals'306309 Kent hivnt Shops UST Rep1w=cnACGAGST Prop 11-13-2006 dw Engineering Economies Inc _ rt Charlie Lindsey City of Kent Mamlenance Operations and Vehicle Fuel Tank Replacement November 13,2006 Page 4 8. TERMS AND CONDITIONS We will execute a mutually agreeable contract with standard terms and conditions,as attached. Thank you for giving us this opportunity to provide our services Sincerely, ENGINEERING ECONOMIC,INC.Yj"'LW Jeffrey D Nichols,PE JDN/cjs Attachments Terms and Conditions G 0006 Proposa]WDO09-Kent Mamt Shops UST Replacement%CL-AGST Prop I14}2006 doc Engineering Economics Inc Engineering Economics Inc Engineer's General Terms and Conditions 1. Representatives and Notices A Engineer shall designate a Project Manager who will be responsible to manage and direct Engineer's performance of Services All instructions, requests for changes, and formal notices from Client to Engineer shall be directed by Client's Representative, in writing, to the Project Manager Engineer's Project Manager shall have authority to act for Engineer in all matters concerning the Project B. Client shall designate a Representative to whom all of Engineer's requests for instructions, changes, and formal notices will be directed Client's Representative shall have authority to act for Client in all matters concerning the Project C. All notices, instructions, change orders, and other formal communications shall be made in writing and shall be deemed effective as of the date and time of receipt D The provisions of this general paragraph do not preclude the transmission of routine correspondence, drawings, messages,and information pursuant to the Project 1. Client-Furnished Data Client shall provide at no cost to Engineer, necessary drawings, surveys, physical site data, and other pertinent information required for the performance of Services,and Engineer shall be entitled to rely on same 3. Existing Conditions A Engineer shall have no responsibility or liability for the identification,removal,or disposal of any toxic substances. Client will defend, indemnify, and hold harmless Engineer from any claim, suit or liability whatsoever, including but not limited to all payments, expenses, or costs involved, arising from or alleged to have arisen out of or related to the presence of toxic substances or alleged toxic substances on the Project B. The parties acknowledge that, in order to perform the Services, Engineer may be required to make certain assumptions relating to the operation of existing building systems Unless expressly included in the Engineer's Scope of Service, Engineer shall have no responsibility or liability for the correct operation of existing building systems, such as, but not limited to, main air distribution systems,plumbing systems, fire pumps and fire sprinkler distribution systems, electrical service equipment and risers, lighting, fire alarm systems, and any other existing equipment systems 4. Preparation and Delivery of CAD Documents A. Unless otherwise negotiated in writing, Client shall provide all title blocks, floor plans, site plans, sections and elevations,required for the preparation of construction documents in an ACAD(ACAD DWG)format B. Client shall update floor plans, site plans, sections and elevations, as the project progress, and in accordance with a mutually agreed upon schedule for these updates In no event will any updates to the aforementioned documents be accepted any later than three days prior to the final deadline Updates shall be in an electronic format and shall be accompanied by a scaled hard copy(blueprint)with any revised areas clearly identified C. If included in the project scope, Engineer will update drawings to reflect Contractor mark-ups of the As-Built conditions Engineer is not responsible for verifying the accuracy of the As-Built documents 5. Plans,Specifications,and Drawings A Engineer shall submit plans,specifications,and drawings to Client for approval Client's approval shall be indicated by a signature of Client's Representative following the word "approved" and the date of the approval, all of which shall be conspicuously displayed on each plan,specification,or drawing approved If not approved,client shall note any comments,changes or special requirements in writing and submit to Engineer Client shall review and approve all plans, specifications, or drawings within thirty (30) days after receipt of same, unless otherwise agreed upon in writing in the event written approval or other appropriate response is not received within thirty days, the plans, Page 1 of 4 Engineering Economics Inc. Terms and Conditions-Long Form Engineering Economics Inc Engineer's General Terms and Conditions specifications or drawings shall be deemed approved The Services shall subsequently be performed in conformance with the plans,specifications,and drawings as approved B Engineer shall furnish to Client no later than thirty (30) days after Engineer's receipt of final payment, or upon termination of this Agreement,the original plans,specifications,and drawings,except one record copy of each to be retained by Engineer The plans,specifications,and drawings are neither intended nor represented to be suitable for reuse by Client, or others, on extensions of the Project or on any other project Any reuse without specific written approval and adaptation by Engineer shall be at Client's sole risk, without liability to Engineer, and Client shall indemnify and hold Engineer harmless from all loss,cost,damage,and expense including attorney's fees C Unless otherwise negotiated, all electronic CAD files sent between Client and Engineer shall be in an ACAD (ACAD DWG) format Upon completion of the project a set of electronic files and one hard copy of the final packages shall be delivered to Client Upon Client's receipt of this final package, Engineer shall have no further responsibility for these documents 6. Changes Client may, from time to time, change or modify the Scope of Services by instructing Engineer to perform Additional Services or may direct the omission of Services previously ordered Engineer may perform such changes, and Engineer's compensation and schedule for performance shall be equitably adjusted Compensation for such changes shall be on an hourly basis in accordance with Engineer's Standard Hourly Rate Schedule or other method as agreed upon at the time the change is requested 7. Scheduling and Progress Reports A Engineer shall,if requested by Client,prepare and submit to Client an estimated schedule for the performance of the Services B. On or before the fifth (5th) day of each calendar month while performing the Services,Engineer shall, if requested by Client, prepare and submit to Client a progress report indicating any approved changes made during the preceding month and estimating the total charges to complete the Services 8. Responsibility A The Engineer will perform all Services in accordance with the standard of care, skill, and diligence normally provided by a professional engineer in the performance of the same or similar services In the event the Engineer fails to provide such standards of care, skill, and diligence, Engineer shall, at its own cost, correct Engineer's defective plans, specifications or other Services. B Since the Engineer has no control over the cost of labor, materials, or equipment, or over a contractor's method of determining prices, or over competitive bidding or market conditions, Engineer's opinions of probable construction cost, if any, are to be made on the basis of Engineer's experience and qualifications Such opinions represent Engineer's best judgment as an Engineer familiar with the construction industry Engineer does not guarantee that proposals, bids, or final construction costs will not vary from opinions of probable cost prepared by Engineer If Client wishes greater assurance as to the construction cost,Client shall employ an independent cost estimator 9. Services During Construction Engineer shall not be responsible for the construction means, method, techniques, sequences, or procedures, or safety precautions (including, without limitation, OSHA compliance), or related programs, nor for the acts or omissions of any constructor of the Project or any of the constructor's agents, employees or subcontractors, nor for the acts or omissions of material or equipmt nt manufacturers or suppliers,nor for the acts or omissions of any other engineer on the Project 10. Billing and Invoicing A Progress billings shall be rendered monthly to the Client and shall be due and payable not more than thirty(30)days after receipt by Client Past due amounts shall accrue interest at the rate of one and one-half percent(i-1/2%) per Page 2 of 4 Engineering Economics Inc. Tcrms and Conditions—Long Form Engineering Economics Inc Engineer's General Terms and Conditions month Invoices shall be accompanied by such data as may be required to support the invoices,when requested by the Client B. Client's payment of Engineer's final invoice shall constitute a release of all claims by Client against Engineer except for any claim specifically reserved by Client in writing at the time of final payment C. Engineer shall be entitled to suspend performance of Services if invoices are unpaid for 60 days or longer. 11. Sales and Similar Taxes Engineer's compensation does not include sales,use, excise or similar taxes Consequently, in addition to the compensation set forth, the amount of any present or future sales, use, excise or other similar tax applicable to Services shall be paid by Client,or in lieu thereof Client shall provide Engineer with tax-exemption evidence acceptable to the taxing authorities 12. Suspension and Termination A Client shall have the right to suspend or terminate all or a portion of the Services at any time upon prior written notice to Engineer In the event of termination, Engineer shall be paid Engineer's compensation for all Services performed up to the termination date,plus reasonable termination expenses,if any B This Agreement may be terminated by either party upon seven (7) days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination C. In the event Client shall delay or suspend the work without termination, Engineer shall be entitled to terminate its performance of the Services upon the expiration of six(6)months following the date of such delay or suspension D. In the event performance of the Services is suspended, Engineer's compensation shall be equitably adjusted to reflect such suspension Engineer shall advise Client of the compensation adjustment resulting from the suspension of Services The compensation adjustment will be based on Engineer's ability to reasonably relocate personnel,and any materials or equipment during the suspension period E. If the financial condition of Client at any time does not, in the judgment of Engineer,justify continuance of Services on the terms of payment agreed upon, Engineer may require adequate assurance of Client's ability to pay for Services performed In the event such reasonable assurance is not timely received by Engineer,it shall be entitled to cease further performance of this Agreement and shall receive reimbursement for its reasonable and proper cancellation charges In the event of bankruptcy or insolvency of Client or in the event any proceeding is brought against Client, voluntarily or involuntarily, under the bankruptcy or insolvency laws, Engineer shall be entitled to cease further performance of this Agreement at any time during the period allowed for filing claims against the estate and shall receive reimbursement for its reasonable and proper cancellation charges 13. Indemnification and Insurance A. Engineer agrees to indemnify Client from and against all damage, loss,claim, or injury(including death)to persons and to property caused by Engineer's negligent acts,errors,or omissions in connection with the work B Engineer shall procure and maintain Worker's Compensation, Employers' Liability, and Comprehensive General Liability insurance as required by law C Copies of the Engineer's insurance certificates will be furnished to the Client upon written request. D Cost of all other insurance required by the Client in the performance of Services will be charged to Client's account 14. Limitations of Liability A Engineer's liability on property damage claims of any kind, whether based on contract, warranty, tort, including negligence or otherwise,for any loss or damage ansing out of,connected with,or resulting from this Agreement,or from the performance or breach thereof,or from all services covered by or furnished under this Agreement,shall in no case, exceed the cost of reperforming the Service to the same extent as the original, or the sum of$50,000 or Page 3 of 4 Engineering Economics Inc Terms and Conditions-Long Form Engineering Economics Inc Engineer's General Terms and Conditions Engineer's Compensation paid pursuant to this Agreement, whichever is greater, and shall terminate one year after completion of Services required under this Agreement B In no event, whether on contract, warranty, or tort, including negligence or otherwise, shall Engineer be liable for special,incidental,exemplary or consequential damages including,but not limited to,loss of profits or revenue,loss of use of any equipment, cost of capital,cost of purchased power,cost of substitute equipment,facilities or services, downtime costs, or claims of customers of Client for such damages If Client is furnishing Engineer's services or materials to a third party by contract,Client shall obtain from such third party a provision affording Engineer and its suppliers the protection of the preceding sentence C In no event shall Engineer be liable for any loss or damage whatsoever arising from its failure to discover or repair latent defects,or defects inherent in the design of the budding or equipment. D. Engineer's liability for any loss or damage shall not include loss or damage caused by defects not observable by Engineer,or units or parts returned to use against the advice of Engineer E The invalidity, in whole or part,of any of the foregoing paragraphs will not affect the remainder of such paragraph or any other paragraph of this article. 15. Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the respective successors, executors, administrators, and assigns of Engineer and Client 16. Non-Waiver The failure by either party, at any time,to enforce or to require strict compliance or performance of any of the provisions of this Agreement shall not constitute a future waiver of such provisions and shall not affect or impair in any way its rights at any time to enforce said provisions or to avail itself of such remedies as it may have for any breach of such provision 17. Governing Law The terms of this Agreement shall be construed and interpreted under,and all respective rights and duties of the parties shall be governed by,the laws of the State of Washington 18. No Other Agreements;No Third Party Beneficiaries All negotiations, proposals, and agreements prior to the date of this Agreement are merged and superseded by this Agreement This Agreement constitutes the entire Agreement between the parties and no changes, modifications or amendments to this Agreement shall be valid unless agreed to by the parties in writing and signed by their authorized officers This Agreement shall not be construed as granting any rights to any third party based on the theory of third party beneficiary or otherwise 19. Binding Arbitration In the event conflicts anse under this Agreement between EEI and Client,both parties agree that all disputes arising out of,or relating to, this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise In the event that non-binding mediation is unable to resolve these conflicts, both parties further agree to resolve their disputes through binding arbitration, as allowed by the laws governing the State of Washington, and pursuant to the Construction Industry Arbitration Rules of the American Arbitration Association, such arbitration proceedings to be conducted in Seattle, Washington END OF DOCUMENT Page 4 of 4 Engineering Economics Inc. Terms and Conditions—Long Form Associated Earth. Sciences, Inc. W0�! GE' 184JNRbn Van'0f,YpY11KC November 9, 2006 Project No KVX060776P CONTRACT AGREEMENT TO ENGAGE THE SERVICES OF ASSOCIATED EARTH SCIENCES, INC. AS A CONSULTANT AND ADVISOR This agreement has been entered into at Associated Earth Sciences, Inc. 911 5`h Avenue, Suite 100 Kirkland, Washington 98033 on this 9' day of November 2006 between Client: Engineering Economics, Inc. 1201 Western Avenue, Suite 325 Seattle, Washington 98101 Attention: Mr Jeff Nichols Subject: Proposal for Phase 11 Environmental Site Assessment Kent Maintenance Facility 15821 South 2401' Street Kent, Washington hereinafter referred to as "Client", and Associated Earth Sciences, Inc. (AESI), hereinafter referred to as "Environmental Consultant", for mutual consideration as hereinafter set forth: 1.0 The description and location of the project on which the Client contracts the Environmental Consultant's services are: The project consists of performing a Phase II Environmental Site Assessment (ESA) on the subject property in the area of the existing underground storage tanks (USTs). The tanks are located adjacent to two separate pump islands, one that dispenses diesel fuel and one that dispenses gasoline. There are reportedly two, 10,000-gallon gasoline tanks and one 5,000-gallon diesel tank Kirldand Office•911 Fifth Avenue,Suite 100•Kirkland,WA 98033•P (425)827-7701•F (425)827-5424 Everett Office•2911 1/2 Hewitt Avenue,Suite 2•Everett,WA 98201•P (425)259-0522•F (425)252-3408 wwwaesbmo.com 2.0 Environmental Consultant agrees to provide the following services: The purpose of our work will be to perform a subsurface exploration to evaluate subsurface soil and shallow ground water conditions for the presence of potential environmental contaminants, Our proposed scope of work consists of the following: 1. Complete a total of eight to ten subsurface explorations at the site to anticipated depths of about 10 to 15 feet each using a hydraulic probe rig subcontracted to our firm. Approximately four to six probes would be located around the gasoline tanks and four probes around the diesel tank. At least two probes (one at each pump island) would be completed to ground water, which is anticipated to occur at a depth of about 15 feet below ground surface 2. Submit two soil samples and one water sample collected from each probe to a subcontracted analytical laboratory for analysis of BTEX, MTBE, gasoline, and diesel using NWTPH analytical methods. 3. Based on our findings, we will complete a report that describes and presents the following: A) Project and site description, including a site plan showing the approximate exploration locations B) Subsurface soil and shallow ground water conditions, including interpretive logs of our explorations with depths to shallow ground water, if encountered. C) A summary of the analytical test results and copies of the laboratory test certificates. D) Comparison of the analytical results for soil and water to the Model Toxics Control Act (MTCA) cleanup criteria. E) Our conclusions and recommendations regarding the potential for contaminants in the subsurface, regulatory requirements, and potential impacts to development. 3.0 Client confirms that the Environmental Consultant has explained the full range of services it offers and the manner in which they could be applied to this project. Client also confirms that he has understood the value and benefit of these services and has of his own accord decided upon those identified in paragraph 2.0 above. Client agrees to hold the Environmental Consultant harmless for claims of any kind that may arise from any source due to the Environmental Consultant's failure to provide services that Client has specifically not included in the list of services identified in paragraph 2.0 above. Client further agrees to indemnify the Environmental Consultant for the cost of defending any such claims and any awards or settlements resulting therefrom. 2 4.0 The Client accepts that all services are provided in accordance with the attached Schedule of Charges and General Conditions "A", which are made a part of this contract by reference. Client further agrees to compensate the Environmental Consultant for their services, and to reimburse the Environmental Consultant for expenses incurred on Client's behalf as follows: Subcontracted Probe Rig (1 day) $2,200 AESI Field Documentation $1,100 Laboratory Analyses $1,565 Soil Samples 12 samples for Gasoline/BTEX 8 samples for Diesel and Heavy Oil Water Samples (if necessary) 3 for Gasoline/BTEX 3 for Diesel and Heavy Oil Report Preparation $1,800 Estimated Cost: $69665 Additional environmental consulting, report preparation, and testing beyond the proposed scope of work, or project meetings will be performed on a time and materials basis in accordance with our current Schedule of Charges and General Conditions "A", copies of which are attached. AESI will notify the one-call utility service to locate public underground utilities situated within public rights-of-way. The property owner is responsible for locating or notifying AESI of the location of private utilities on the property AESI will not be responsible for damage to buried utilities that are unmarked at the time of our w(irk If unusual or unanticipated conditions are encountered that would involve additional costs, we would immediately notify you to discuss modification of the study. Additional authorized services would be provided as outlined on the Schedule of Charges. 3 5.0 The person signing this contract for a business entity attests that they are empowered to act on behalf of the business and agree to the Schedule of Charges and General Conditions "A" attached to this letter. Your signature below will provide acceptance of this proposal, authorizing us to proceed. The undersigned has reviewed and accepts the attached General Conditions "A". ASSFislondergaard, IATE EARTH SCIENCES, INC. Client Date Kird, W shington Authorized Representative Jon P G., P.E.G. Principal Geologist Attachments- Schedule of Charges/General Conditions "A" INSM KVX060776PI Projecm\20060776\K V\W P 4 Effective October 20" ASSOCIA'P�n FAR4ol7tONS "p C Go ,h Hewitt Avenue,Suits 2 GEKE�t' 29�veCett,Washingt n 2oZ-340g (425)259-0522 •FAX 9ll Sa Avenue,suiteE100 to 9 by Cleat,as iCukland,Wsshi°g425)g21-5424 whether or trot owned ° erty,Rs 7 l3ad • FAX( all property, a description of the F P (425)82 ESl to enter on or drawing, p ny damage rile results r°a additional etmissson for A rovide,by map e tanks lso,any ecauuans to to all obtain P onsible to F underground stor 11 of the cheat. A al access Client IS resp will be the,respous�benws11 take reasonable Precautions Operations Pus of Entry rovtde AESI leg fete its work mcludmgbill.11 itT'tmenC' client resultfromo The Cheat shall P dorm and comp etures, of the e which may for AESI to Pe Inc.(pESi)or subcontrac`he LCSponsibihtY f damag or sW es, necessary n buried utilIDes the auhtY, will he Cost for restoration o by fnrxtion and the tocanon of any Eai it Scie ountermg d m our fee the could be known or to Associated due to enc t tile m,totounder, buried utility' 1°rat°rY work, meat,but have no known Of which reasons at pals,°uued to take is charges for exp use of equip ESi with all hazardous condt a site, e, AESI is req damagefrom of any sae, rocedures minim1Ze cull it will provide A xsstenecde or suspected to exist at a and to follow p o g Drill C mg work, and the nature and e nd regulations, where there is n to AESI begirin known, assurn licable laws a exist at a site tlazardous Substances for f the prop Substances are el tO comply with Ha�tdous substances may substances consiVeYY of Client warrants thatlP Fast or presenhen hazardous ersonn ubhc of unanticipated hazardous andlor the ermng r°perry and safety,of its P pj and the P the discovery d Cheat ills°agree that the disco Client COT C to its persona Tee that AESI an an health and safety, hazardous adjacent to or near the t rotect tize physical risk AESI and Client agree roteet hum r susp s and aPPT°FTiate precautions top termination of serveeasures to P bstances Or to preserve Pro to miT""old be present. o{work of mediate m soon are j that AESi deems P could or she for AESI t0 take tin tier ated hazardous nsa%AESI tot the add aim or believe they a renegotiation e i the scope any ssible should unanAESV S Profes e s to pml� less from any reason w andatmg make it o Tactically p° and Client ag ES1 harm Chen[also Chang condition m Client as soon a take any and all measures thereat defend and hold A rdous substances aced hazardous substances ty, AESI to andtos the envuoTun ected hazy on AESI's prevailing fee unanucg AESI agrees tO none courag land the public, and as, oTritulyr susp base p Client tees to and substances d u environment SI's persorme claim against AESh ate,hazardous compersatson to be substances be encountered f s encountering of unanuciF with such Client waives any o{any such claim, certain pities protect the health a adalpon,P01, from AES defense dace of the protect site, cost of such work r loss ansmgwork per m neat the su 1th and safety as w liability for injury° 1 for olicy ubstances e,istbe l to protecthumanhea and labeling as ensate AES rdous s contalwTTzauon a claim against agrees tc come ease reimbursement p pried that liana AccordiClient tat such awes any r liability schedule and eXp d or suspected handled as if contamt°amPtfy inform by Client. Cheat w claim° inn,assumed shouldbe Teals;will F rt and disposalless front am on sit Safter their when its and drilling fluids, transport So claim, nines that, tllabel sue ma hil removal, rofessional staff bbs`ances being t any Client recog drill cutting nately contain and hold AESI an its P hazardous su AESI in defense o materials,such as kFSi will approp assumed wash eat, Indemnify aril flmd5 or other eases eat tilled Yy?ESI will act on beufds ardent the enviroum aril will leave the andtagrees�o defend,P s drilling sent and exFursem F° drilling been performed, Ir of the drill cuthn Est for any riji e P contain' dell cuttings, rase reimbursement for its professional staff,as a result ensate A ease Taamb AESI and ch may arise Tees to comp fee scbedule and en Dien y {� he and exile or loss wh Client also ag revailingAaten prevadmg issuance of any for Injury b AESi, aced upon AESI's p deus substance upo d F s after the nzauon Y g0 calendar day °f these samples s" o contains non to be b ort and disposal of ensate AESI b an Should any ful dr with such compensa a1 transport Tees to comp pgSl for no longeY t m writing e for 1 remov law o T e for lawfu and Client a& mutually ag eed uF°n to select and arrange to an author osal arrang It Client so requests, d from the PTolpct Site are em n(s are mu onsibilny transporting lawful disp water, jes obtained other arrang it is Chent's resp custody and for la requests, them,unless° us substances, les fromAESI s selecting and arranging the contaminated a should be Will`alin Of azardous substances if Client so Soil,rock,water andlor other tamp as erted haU he at includes the data obtained from ass removing good judgm and disp° documentt b hazardous substancescneor p P prudence and g vat transport reimbursement. indemnify and hold be contaminated Y tocedures wri lawful remo ule and expense testing, that is,It vssed tat, m all cases,P e for fee sched l and to defend, testing, procedures, Client rs ad ESI's pTevatng 5otme ' labeling, AES1 in disposal site AESI wilt act°n behalf of Client to attar sirist AESI andlor its per contamIng' erases incurred by ensate AFSI based upon A claim against from AESt's ent policy procedures to comp time spent and tepnbursem and Client agrees expose Chent agree liability for 11 J°Ty'or loss AESI for any d expense to which AESI is P claimTees to comp tpvathng fie schedule an risks 1 harmless from ally Client also ag on AESI,s p Due to theersoune snared samples to be based up device moves AESI andlor a r bandlmg of contain ensanon a robe or boring able of or other with such comp as when F and cap st°ring Of any such claim. areas, contaminated client' defense certain subsurface not prevlo,h will perform Oln C h Brous which A er-onnei hard client UM!, contatial u°for Other y beds wess ork ESi ling aspect of and hold AESI an dlor its P ESC s ontamnatlon may result in tine underground streams necessary b drilling or same Aquifer C and sampling a inter, ling indemnify caused Y linking n to e u el and agrees to def-rid' ntarnmauon claim, m accordance with Subsurface drilling sue Because subsureasznsaek cross -co tough a contaminated area, Sl aridfor its p ESl in defense of any such awes any claim against AB arise as a result of alleged spreading hazardous substances off incurred by A work Client w for injury or loss i which s ens or expenses and other behalfsn or l a iility for any report reproducibles claim ensate AESI policy from Y ex en$efesmbursementP further ag{ee5 t0 dole and P Ye of hazardous substances , fee sche 1e materials(exChIsIv Of Associated Earth Sciences,Inc prevailing data, tamp the Of Documents ctfications, notes, rid as such remain t property Ovvnershlp drawings, spp All designs' AESI are Instruments of service a developed by Third Parties All services performed by AESI and/or its personnel under this agreement are intended solely for the benefit of the client, Nothing contained herein shall confer any rights upon or create any duties on the part of AESI and/or its personnel toward any person or persons not a party to this agreement including,but not limited to any contractor,subcontractor,supplier,or the agents,officers,employees, insurers, or sureties of any of the above AESI shall not be responsible for the means,methods,or procedures of construction,nor for safety on the job site, nor for the contractor's failure to carry out the work in accordance with the contract documents Insurance Associated Earth Sciences,Inc maintains General Liability Insurance for bodily injury and property damage with an aggregate limn of$1,000,000 per occurrence and we will furnish certificates of such insurance upon written request Our liability to the Client for bodily injury or property damage arising out of work performed for the Client for which legal liability may be found to rest upon us,other than for professional errors and omissions,will be limited to our General Liability Insurance coverage AESI also maintains professional errors and omissions insurance We will furnish certificates of such insurance upon written request Standard of Care Services performed by AESi under this agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions No other representation,express or implied,and no warranty or guarantee is included or intended in this agreement or in any report, opinion,and document or otherwise Limitation of Liability Client expressly agrees that to the maximum extent permuted by law, AESI's and/or its personnel's maximum liability for injury or loss arising from professional errors or omissions shall not exceed $50,000 or our fee, whichever is greater The Client further agrees to require of the contractor and his subcontractors an identical limitation of AESI's and/or its personnel's liability for damages suffered by the contractor or subcontractors arising from the professional acts,errors,or omissions of AESI and/or its personnel Increased liability limits may be negotiated upon Client's written request,prior to commencement of services,and upon Client's agreement to pay an additional fee commensurate with the increased risk Any such increased limn of liability shall be established by written agreement signed by Client and AESI As used in this paragraph,the term"liability"means liability of any kind, whether in contract, tort,strict liability or otherwise, for any and all injuries,claims, losses, expenses,or damages arising out of or in any way related to services provided by or through AESI Waiver of Consequential Damages Client expressly waives as to AESI all claims for lost profit or any other indirect, incidental or consequential damages of any nature Indemnification Client shall indemnify,defend, and hold AESI and/or its personnel harmless against all claims,damages,losses,and expenses, including but not limited to attorney's fees and court costs arising out of or in any way related to the services provided by or through AESI, provide d that such indemnification shall not apply to claims,damages,losses or expenses that arise out of bodily injury to persons or damage to property to the extent caused by AESI's sole negligence,provided further that Client shall mdemmfy AESI against liability for damages,losses,or expenses arising out of bodily injury to persons or damage to property and caused by or resulting from the concurrent negligence of Client, its agents or employees and AESI, only to the extent of the negligence of parties other than AESI CLIENT AND AESI AGREE THAT THE PRECEDING PARAGRAPHS RELATING TO LINIITATIONS OF LIABILITY,WAIVER OF CONSEQUENTIAL DAMAGES AND INDEMNIFICATION WERE MUTUALLY NEGOTIATED AND THAT BUT FOR THE INCLUSION OF THOSE PROVISIONS AESI WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, OR AESI'S COMPENSATION UNDER THIS AGREEMENT WOULD HAVE BEEN HIGHER. Stability of Slopes The Client also recognizes that risk is inherent with any site involving slopes and Client agrees to accept full responsibility for these risks Client states that he understands that the information obtained or recommendations made may help to reduce the Client's risks and that no amount of engineering or geologic analysis can yield a guarantee of stable slopes Therefore, in cases where there is no fault(i a no professional errors, omissions or negligence),Client agrees to hold harmless,defend,and indemnify AESI and/or its professional staff tot claims from any source in the event of slope movement and any damage resulting Attorneys Fees In the event the Client makes a claim against AESI and/or its personnel,at law or otherwise,for any alleged error,omission or other act or failure to act arising out of this agreement,and the Client fails to prove such claim or prevail in an adversary proceeding,then the Client shall pay all costs incurred by AESI,and/or its personnel,in defending against the claim Ina]]other legal proceedings between the parties,the prevailing party shall be entitled to recover reasonable attorney's fees and costs,including expert witness fees and all litigation related�(penes Billing Invoices will be submitted once per month and are payable upon receipt Interest of 1-1/2% per month (but not exceeding the maximum rate allowable by law)will be added to any account not paid within 30 days Termination In the event that the Client requests termination of the work prior to completion, we reserve the right to complete such analyses and records as required to place our files in order as we consider necessary to protect our professional reputation At our discretion,a termination charge may also be made to cover our proposal and administrative costs relating to the project Priority or Provisions The provisions of these General Conditions supersede all other terms and conditions of the agreement between Client and AESI Ged'nn06 At•KiwmrnWP%Lmda%SD M6 Client Initials Effective January 2006 ASSOCIATED EARTH SCIENCES,INC. SCHEDULE OF CHARGES Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or sei vices agreement Current rates areas follows: Personnel Charges-Engineers, Hydrogeologists,Geologists,Biologists, Scientists, and Technicians Principal . . ..... ...... . . . ..... . .. .. . .. $155 00/hour Sr Associate ... ... . ... .......... . . .. .. .. ... .... . ........ ...... $140 00/hour Associate . .... . . ............. .......... ................................... ... $130 00/hour Senior...... ............................................................................ $120.00/hour Sr Piolect .... . .. ...... ... .................... ...... ................. . $110 00/hour Project ............. ............. . ......................... ..... . ................ $100 00/]tour Sr Staff............. ....... ..... . ... ... ......... .. ............ ...... .... . $85 00/hour Staff . . . . .. ...... . . . ..... .. ... .... .. ........$70 00/]torlr Legal Testimony(4 hour minimum)........................... ........ ......$225 00/hour Other Personnel and Disbursement Charges CAD Operator and Workstation . . .....................................$80 00/hour Project Assistant . .. ........... .......... .. ................ .$70 00/hour Laboratory Technician . . . .. .... .. .$65 00/hour Clerical,Word Processing,etc .. .. ................. ... ........................$50 00/hour Computer Services(GiS). .............. .......... ..... ......... .... . ........ .$70 00/hour Mileage . ..... .. ...... .......I ..... .......I... ..... .. $0 55/mile Four Wheel Drive Vehicle.... .. . , .............. . .. ..... ... $0 70/male Per Diem .. .. .... ...... ... ................... ... ....... ............To be established on a project basis Subcontractors and Miscellaneous Expenses ........... ... . ....... cost plus 15% Laboratory Charges(Minimum Laboratory Charge-$100.00) Moisture Content .. . ...... .I .... . ...... .. .$20 00/test Combined Sieve and Hydrometer......... .. ... .. .......$175 00/test Sieve with Wash#200 . ...................................................... .. .$95 00/test Sieve with Organic Burn . ............. . . ....................... ..... $140 00/test Percent Passing 9200.. . ................ . ........... .... ....... .... .. .. .. .$55 00/test Specific Gravity+#4 . . .... ...... .. . . . .... ..............$58 00/test Absorption and Bulk Specific Gravity+#4 . ................. . . .$58 00/test Specific Gravity-#4 ............ . . . ....... ................. . ....$63 00/test Proctor ASTM-D-1557 and ASTM.D-698... . ......... ....$150 00/test Permeability-Fines(falling Head) ....... $150 00/test Permeability-Granular Sods(Falling Head) .. ... . ... . $150 00/test Fracture Count . . .. .... .....................$32 00/test Pebble Count Petrograph. .......... ...... . .. ..... ....... $32 00/test Ethylene Glycol Test(3 rock minimum). . . . .. $30 00/rock Sind Equivalent.. .... ..... . ............... .......... ...... $55 00/test Atterberg Limit ....... ..... .. ... . ......... ........... . . ..... $85 00/test Direct Shear .. ........ ... ..................... .......... . . . ...... $315 00/3 point test Hydrometer... .. .. ........ ...... ... .. . ................. .............$80 00/test Consolidation . ......... .. . ...... ..$250 00/test Organic Content... .. ... ......... ........... .............. ................. . . ..$60 00/test Other laboratory tests and equipment rental will be piovided on a perjob basis. CHARGE05-REG4-WPUd\SD1-05 Engineering Ecouonucs Inc 1201 Western Avenue, Suite 325 Seattle,Washington 98101 telephone 206 622 1001 facsimile 206 622 5747 2006 Rate Schedule LABOR Principal.............................................................................................................. $140/Hour Senior Project Manager ........................................................ ................ $115 to $125/11our Senior Engineer/Project Manager ......................................................... $95 to $100/1-lour Engineer ............................................................................................................... $90/Hour SeniorDesigner .................................................................................................... $85/1-lour Production Specialist ............................................................................................ $80/Hour Project Administrator ........................................................................................... $60/Hour r Administrative Support......................................................................................... $50/Hour CONSULTANTS 110% of invoice received REIMBURSABLE EXPENSES Tools and Equipment Usage ........................................................................... Market rates Photocopies and Prints ................................................................................... Market rates Mileage: Personal Car ....................................................................................... $0 44/mile Telephone ....................................................................................................... at cost+ 10% Postage ........................................................................................................... at cost+ 10% Travel Expenses ............................................................................................. at cost+ 10% OtherExpenses ............................................................................................... at cost+ 10% These are current rates and are subject to review and revision annually. Rate Schedule-Seattle-2006 Engineenng Economics Inc EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability 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 Liability 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1.000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued ) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 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 Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor 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 Contractor'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 AN IL II. E. Verification of Coverage Contractor 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 Contractor before commencement of the work F. Subcontractors Contractor 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 Contractor. Client#:5584 ENGECO AC RD, CERTIFICATE OF LIABILITY INSURANCE o9;4/os°"Y' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 Broadway,Suite 1000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Denver,CO 80203 303 837-8500 INSURERS AFFORDING COVERAGE INSURED INSURER Hartford Casualty Insurance Co Engineering Economics,Inc. INSURERB XL Specialty Insurance Company 780 Simms Street, Suite 210 INSURER Golden,CO 80401 INSURER D NSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS L DATE MMIDD/YY DATE MM/DD/YY A GENERAL LIABILITY 34SBALU5457 08/01/06 08/01/07 EACHOCCURRENCE $1000000 X COMMERCIAL GENERAL UABIUTV FIRE DAMAGE(Any we fire) $300000 CLAIMS MADE lil OCCUR MED EXP(Anyone person) $1 O 000 PERSONAL&ADV INJURY $1 000 OOO GENERALAGGREGATE s21000,000 GEN'L AGGREGATE LIM ITAPPLIES PER PRODUCTS -COMP/OP AGG $2 00O 000 POLICY I PRO- LOC A AUTOMOBILE LIABILITY 34UECRC1462 08/01/06 08/01/07 COMBINED SINGLE OMIT ANY AUTO (Ee acadent) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per acadent) PROPERTY DAMAGE $ (Per acadent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTOONLY AGG $ A EXCESS LIABILITY 34SBALU5457 08/01/06 08/01/07 EACH OCCURRENCE $5,000,000 X 1 OCCUR CLAIMS MADE AGGREGATE $5 00O 000 DEDUCTIBLE $ X RETENTION $10000 $ WORKERS COMPENSATION AND TATU- O WC S ER EMPLOYERS'LIABILITY EL EACH ACCIDENT $ E L DISEASE-EA EMPLOYEE $ E L DISEASE -POLICY LIMIT $ B OTHER Professional DPR9417761 09111/06 09/11/07 $1,000,000 per claim !ability $2,000,000 annl aggr. laims Made DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSION S ADDED BY ENDORSEMENTISPECIAL PROVISIONS The Certificate Holder is listed as an Additional Insured,under General Liability and Automobile only,with respect to their interest in work performed by the insured as per written specified contracts on a Primary and Non-Contributory basis CERTIFICATE HOLDER ADDmONALINSURED,INSURERLETTER CANCELLATION SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent,Parks &Recreation Facilities DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TOMAIL30 DAYSWRITTEN Attn: R.Givens NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,BUTFAILURE TODOSOSHALL 220 4th Avenue South IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURERJTS AGENTS OR Kent,WA 98032 REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 1 #S465200/M465123 KBS a ACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: M Policy Number: 34 SBA LUS457 DX COPY r r w 0 Named Insured and Mailing Address; ENGINEERING ECONOMICS, INC r Cy 780 SIMMS STREET, SUITE 210 r GOLDEN CO 8 04 C I v1 xr Policy Change Effective Date: a1/23/O7 Effective hour Is the same as stated in the ,w Declarations Page of the Policy. 0 a Policy Change Number: 003 o Agent Name: VAN GILDER INSURANCE CORP/A&E/PHS Code: 3426,14 POLICY CHANGES: 4A .TFG?,t CASUALTY INSURANCE COMPANY ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING ST&TEMENT. THIS IS NOT A SILL. NO PREMIUM DUE AC OF POLICY CHANGE EFFECTIVE DATE BUSINESS LIABILITY OPTIONAL COVERAGES ARE REVISED ADDITIONAL INSUPED(S) ARE ADDED TFE FOLLOWING ARE 'ADDITIONAL INSURED FOR BUSINESS LIABILITY COVF,RAGE IN — THIS POLICY. LOCATION CO2 BUILDING 001 PERSON/ORGAVIZATION: SEE FORM IR 12 00 F-RM NUMBERS tJF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE: PRO RA'i`x, k`FiCTOR. 0.521 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS12110405T Page 001 (CONTINUED ON HEXT IMAGE) Process Date: Policy Effective Date 01/23107 Policy Expiration Date: 08/01/07 UW COPY POLICY CHANGE (Continued) Policy Number: 34 SBA LU5457 Policy Change Number: 003 11412001185 ADDITIONAL INSURED - PERSON-ORGANIZATION Farm SS 1211 04 05 T Page 002 Process Date: Q->'25j07 Policy Effective Date: 01/23/07 Policy Expiration Date: n8/01/07 POLICY NUMSER* 34 SBA LiU5457 X THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON-ORGANIZATION HOLDER CONSTRUMON COMPANY & USAA r- 25205 lq Nr)RCTERRA PAPFWAY o PHOENIX, AZ 85027 TJNjVEP,;TTY OF WASHINGTON, AND ABSHER CONSTRUCITON o PO RCX 2 a 0 ul PUYALLUP, WA 98371 v THE CITY OF KENT, PARKS, RECREATION & COYMUNITY SERVICES 220 FOURTH AVE soCrR KENT, CA 980-12-5895 Form IH 12 00 1185 TSEQ NO, 002 Printed in U S A. Page 001 Process Date: 0 1/2 5/07 Expiration Date: 08/01/07 uW COPY Client# 5584 ENGECO AcOkD CERTIFICATE OF LIABILITY INSURANCE 0729108°n"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 700 Broadway, Suite 1000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Denver, CO 80203 303 837-8500 INSURERS AFFORDING COVERAGE INSURED INSURER A Hartford Casualty Insurance Co Engineering Economics,Inc. INSURER B Hartford Underwriters Insurance Co 780 Simms Street, Suite 210 INSURER C XL Specialty Insurance Company Golden, CO 80401 INSURER INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR� DATE MM/ODIYYI DATE MMIDD/YV A GENERAL LIABILITY 34SBALU5457 08/01/08 08/01/09 EACH OCCURRENCE $1 000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyone fire) '$1000000 CLAIMS MADE F X OCCUR MED EXP(Any one person) $10 000 PERSONAL B ADV INJURY $1 000 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS -COMPIOPAGG $2i000�000 POLICY PE C LOG B AUTOMOBILE LIABILITY 34UECRC1462 08/01108 08/01109 COMB'NED SINGLE LIMIT $1 000,000 ANY AUTO (Ea accident) r ALL OWNED AUTOS - BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIREDAUTOS BODILY INJURY $ X NON OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ A EXCESS LIABILITY_ 34SBALU5457 08/01/08 08/01/09 -EACH OCCURRENCE $5 OOO,OOO X OCCUR r`— CLAIMS MADE AGGREGATE $5000,000 DEDUCTIBLE $ X RETENTION $10 000 1 1 Is C STATW T IO H-1 — - WORKERS COMPENSATION AND Y LIMITS __ ER EMPLOYERS'LIABILITY EL EACH ACCIDENT $ EL DISEASE-EA EMPLOYEE$ E L DISEASE -POLICY LIMIT $ C, OTHER Professional DPR9612667 08/01/08 08/01/09 $1,000,000 per claim Liability $2,000,000 annl aggr. laims Made DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: EEI 03-07278 Kent Events Center As required by written contract or written agreement,The City of Kent is included as Additional Insured under General Liability and Automobile Liability on a primary non-contributory basis with respect to the above referenced project. CERTIFICATE HOLDER AD DRIONAL INSURED INSURER LETTER CANCELLATION SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30' __DAYS WRITTEN Tammy White-Law Department NOTICETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT,BUTFAILURE TODOSOSHALL 220 Fourth Ave S IMPOSE NO OBLIGATION OR LIABILITY OF ANYKIND UPONTHE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES AORIZED REPRESENTATIVE ACORD 25S(7197)1 of 2 #S539848/M539707 CDW © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD25-S(7/97)2 of 2 #S539848/M539707