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HomeMy WebLinkAboutContract VA✓ *4wol CAG-14-074 Local Agency Consultant/Address/Telephone Universal Field Services,Inc. Standard Consultant 111 Main St,#105 Agreement Edmonds,WA 98020 ❑Architectural/Engineering Agreement ®Personal Services Agreement Agreement Number 425-673-5559 Project Title And Work Description Federal Aid Number SE 176th Street at SE Benson Drive(SRI 65)Carr HSIP-OOOS(306) Road Intersection Improvements Agreement Type(Choose one) Right of Way Acquisition Negotiations and ❑Lump Sum Relocation Services Lump Sum Amount $ ®Cost Plus Fixed Fee Overhead Progress Payment Rate % Overhead Cost Method DBE Participation ❑Actual Cost ❑Yes ®No % Federal ID Number or Social Security Number El Actual Cost Not To Exceed % 73-0676799 ® Fixed Overhead Rate 48.09 % Do you require a 1099 for IRS? Completion Date Fixed Fee $ 610.20 ❑Yes ®No ❑Specific Rates Of Pay Total Amount Authorized$ 10,847.00 ❑Negotiated Hourly Rate ❑Provisional Hourly Rate Management Reserve Fund$ ❑Cost Per Unit of Work Maximum Amount Payable$ 10,847.00 Index of Exhibits (Check all that apply): ®Exhibit A-1 Scope of Work ❑Exhibit G-2 Fee-Sub Specific Rates ❑Exhibit A-2 Task Order Agreement ❑Exhibit G-3 Sub Overhead Cost ❑Exhibit B-1 DBE Utilization Certification ®Exhibit H Title VI Assurances ❑Exhibit C Electronic Exchange of Data ®Exhibit I Payment Upon Termination of Agreement ❑Exhibit D-1 Payment-Lump Sum ❑Exhibit J Alleged Consultant Design Error Procedures ®Exhibit D-2 Payment-Cost Plus ®Exhibit K Consultant Claim Procedures ❑Exhibit D-3 Payment-Hourly Rate ❑Exhibit L Liability Insurance Increase ❑Exhibit D4 Payment-Provisional ®Exhibit M-la Consultant Certification ®Exhibit E-1 Fee-Lump/Fixed/Unit ®Exhibit M-lb Agency Official Certification ❑Exhibit E-2 Fee-Specific Rates ®Exhibit M-2 Certification-Primary ®Exhibit F Overhead Cost ❑Exhibit M-3 Lobbying Certification ®Exhibit G Subcontracted Work ❑Exhibit M-4 Pricing Data Certification ®Exhibit G-1 Subconsultant Fee ®App.31.910 Supplemental Signature Page THIS AGREEMENT,made and entered into this day of i_ `� between the Local Agency of City of Renton Washin ton,h inafter called the"AGENCY", and the above organization hereinafter called the"CONSULTANT". DOT Form 140.089 EF Page 1 of 8 Revised 09/2013 WITNESSETH THAT: WHEREAS,the AGENCY desires to accomplish the above referenced project,and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration,if applicable,and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof,the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT.The CONSULTANT shall famish all services,labor,and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings with the AGENCY and/or such Federal,State,Community,City or County officials,groups or individuals as may be requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract.The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts.Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises(DBE),if required,per 49 CFR Part 26,or participation of Minority Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this AGREEMENT.If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be shown on Exhibit`B"attached hereto and by this reference made a part of this AGREEMENT.If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.All electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C." All designs,drawings,specifications,documents,and other work products,including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY of any such instruments of service,not occurring as a part of this PROJECT,shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 140W I%W� IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT.A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT.Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies, equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State Auditor,WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub- contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee, commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or,in its discretion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any professional or technical personnel who are,or have been,at any time during the period of the contract,in the employ of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired employees,without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract,the CONSULTANT,for itself,its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et.seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"H"in every sub-contract,including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of AGREEMENT used. No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the Notice to Terminate.If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 %NW *M01 In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so,and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT,if requested to do so by the AGENCY.This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT,with the AGENCY'S concurrence,desire to terminate this AGREEMENT,payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof. Should the AGENCY fmd it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided, however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to de novo judicial review.If the parties to this AGREEMENT mutually agree,disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning claims will be conducted under the procedures found in Exhibit"K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated in the county in which the AGENCY is located. Page 5 of 8 *r✓ ,"001 XIII legal Relations The CONSULTANT shall comply with all Federal,State,and local laws and ordinances applicable to the work to be done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all cl aims,demands,or snits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT,provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or the STATE,their agents,officers and employees;and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the STATE,their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon such negligence(2)the costs to the AGENCY or the STATE of defending such claim and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws,including RCW 42.23, which is the Cock of Ethics for regulating contract interest by municipal officers.The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts,if any,on the PROJECT.Subject to the processing of a new sole source,or an acceptable supplemental agreement,the CONSULTANT shall provide on-Call assistance to the AGENCY during contract administration.By providing such assistance,the CONSULTANT shall assume no responsibility for.proper construction techniques,job site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage See Attachment for City Requirements B.COffiffieFeW g8fiMI liability Written H&&F 1SQ FZOM C, - --Lite equivalent with ffiii�liwks a `' � , i � V-4.Vehiele liability iawwmee fef affy"sawbile used in an sineum net less dwe&age ffligieff dBlIff(61,00 we he TANT pke this mnMn14 to the x:daxwY TA&NW'8 ACA4E0A;W or one Iijilien($1,000,00g) , u » > in me Page 6 of 8 fffldeF AZT w ro�-ono of this AGRErAlPFF, XIV Extra Work - A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in the services to be performed B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the AGREEMENT accordingly. C.The CONSULTANT must submit any request for equitable adjustment",hereafter referred to as"CLAIM",under this clause within thirty(30)days from the date of receipt of the written order.However,if the AGENCY decides that the facts justify it the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the world in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit"M -2"Certification Regarding Debarment,Suspension and Other Responsibility Matters-Primary Covered Transactions Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-0" Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over$100,000 and Exhibit"M-4"is required only in AGREEMENTS over$500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,representations, warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 `mW 'W+' In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one(1)of this AGREEMENT. a By By Mitch Legel,Regional h4ager Consultant Universal Field Services, Inc. Agency City of Renton DOT Page 8 of 8 EXHIBIT A Project Funding Estimate Scope of Work Task Element-Right of Way Services Federal funds are participating in the project, particularly the Right of Way phase,therefore Universal Field Services, Inc. (UFS)will complete all Right of Way services in accordance with the City of Renton's(CITY) Washington State Department of Transportation's (WSDOT) approved Right of Way Acquisition Procedures,the federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act(URA), WSDOT Local Agency Guidelines — Section 25 (Right of Way Procedures), and the Washington Administrative Code(WAC 468-100)state Uniform Relocation Assistance and Real Property Acquisition. The project consists of primarily business use properties. Based on schematic drawings and exhibits and discussions with CITY staff, it is assumed up to five (5) separate tax parcels will require various real property rights as shown in Table A below. Additional parcels or real property rights other than those shown in Table A will require an amendment to this scope of work and related fee estimate. This scope of work is limited to preparation and completion of a Project Funding Estimate(PFE)for the City to better understand the total estimated right of way acquisition costs for this project,to assess and minimize acquisition costs, and as part of the required City's WSDOT approved Right of Way Acquisition process. Preparation of a Relocation Plan, Appraisals, Appraisal Reviews, Acquisition Negotiations, Relocation Assistance, and Right of Way Certification services are excluded from this scope of work and will require an amendment hereof and the related Fee Estimate—Exhibit B. Scope of work is based on the following: 1.)Discussions with CITY staff. 2.) Recent tour of the project limits 3.) Review of limited public on-line information(mapping/ownership information) 4.)Schematic Drawing and Exhibits—Approved Right of Way plans not available Sub-Task Elements: A. Preparation and Administration - Discuss, strategize and plan overall process with CITY, UFS and other consulting staff. Attend project kickoff meeting with CITY and three (3) progress meetings —CITY office. Progress meetings can be facilitated by conference calling if preferred. Provide up to three (3) monthly progress reports indicating the work completed for the invoiced month, anticipated work for the following month, and identify issues requiring the CITY's input or assistance. Deliverables: • Attend three(3) Progress Meetings • Provide three(3)Progress Reports • Coordinate with the City and the City's Design Consultant B. Title/Ownership Review—Obtain title reports from the CITY and perform reviews of existing right of way and ownership information. Review special exceptions described in each title report to determine the CITY's acceptance of title at closing. Provide the CITY with a parcel summary memo listing ownerships,title exceptions,etc. Deliverable: • Prepare parcel summary memo listing ownerships, title exceptions, etc. `40W `"✓ C. Project Funding Estimate—UFS will sub-contract and manage completion of the Project Funding Estimate (PFE) with our WSDOT approved project appraiser. Generally, the PFE is a tool to be used for confirming estimated Right of Way costs and primarily for consideration of utilizing the Appraisal Waiver process when the estimated amount of just compensation to property owners is at or below the CITY's WSDOT approved Appraisal Waiver limit and when the acquisition is uncomplicated. Based on discussions with the CITY, together with review of provided maps and exhibits, up to five(5)separate tax parcels may be impacted and included in the PFE. The PFE will be prepared in accordance with the CITY's WSDOT approved Right of Way Acquisition procedures, and WSDOT's Local Agency Guidelines — Section 25 (Right of Way Procedures). As part of the PFE, individual parcel worksheets will be prepared to estimate the amount of just compensation using comparable sales data and information obtained from project Right of Way plans. Estimated amounts of just compensation from each parcel worksheet will be entered into a project summary worksheet to include other items of right of way related costs for review and use by the CITY. It is recommended the CITY complete all Environmental Site Assessments (ESA) prior to completion of the PFE to better estimate the potential related project risks and costs. Estimated clean-up costs for any known contaminated parcel should be ascertained prior to commencing Appraisal,Appraisal Reviews. Upon completion of the PFE, UFS will coordinate with the CITY and its design consultant for opportunities to reduce acquisition impacts to each of the five(5)separate tax parcels. In the event a significant amount of time has elapsed between completion of the PFE and submittal to WSDOT for review,or if authorization from FHWA through WSDOT Highways&Local Programs (obligation of funds)to use federal funds for Right of Way Acquisition is delayed, the data in the PFE relied upon such as comparable sales may become outdated and may require an update to the PFE. Clear Channel I Outdoor Advertising Sign—There is an existing Clear Channel Outdoor Advertising sign on Parcel 2 (West). It is assumed the City will allow or accommodate the following: a)Sign to remain in the current location within a permanent overhang easement. It is assumed the sign will not overhang or extend past the proposed face of curb, unless allowed by traffic standards. b)Allow the sign to be relocated to the remainder property. Note: The PFE will not include estimated loss of business income for moving the sign to another parcel within the CITY or another jurisdiction. Deliverables: • Preliminary Project Funding Estimate (PFE). Tax Parcel No Taxpayer/Owner Partial Fee Perm Sidewalk Temp. Const. Simple & Utility Esmt. Esmt. 101 292305-9114 CP Investments LLC X X 102 292305-9110 West,James L. etal X X X 103 292305-9095 KC Fire District 40 X X 104 292305-9017 KC Fire District 40 X X 105 292305-9030 Camenzind LLC X X ✓' Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work specified in Section H,"Scope of Work."The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee.The actual cost shall include direct salary cost, overhead,direct non-salary costs,and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional,technical,and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs:Overhead Costs are those costs other than direct costs,which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books.Progress payments shall be made at the rate shown in the heading of this AGREEMENT under"Overhead Progress Payment Rate."Total overhead payment shall be based on the method shown in the heading of the AGREEMENT.The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit,up to the Maximum Total Amount Payable,authorized under this AGREEMENT,when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit"E"attached hereto and by this reference made part of this AGREEMENT.When an Actual Cost method is used,the CONSULTANT(prime and all sub-consultants)will submit to the AGENCY within six(6)months after the end of each firm's fiscal year,an overhead schedule in the format required by the AGENCY(cost category,dollar expenditures,etc.)for the purpose of adjusting the overhead rate for billing purposes.It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140-089 EF Exhibit D-2 Revised 8/08 rrr' Failure to supply this information by either the prime CONSULTANT or any of their sub- consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY,STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate,if they so desire. 3. Direct Non-Salary Costs:Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include,but are not limited to,the following items: travel,printing,long distance telephone,supplies,computer charges and sub- consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY.The CONSULTANT shall comply with the rules and regulations regarding travel costs(excluding air,train,and rental car costs)in accordance with the AGENCY'S Travel Rules and Procedures. However,air,train,and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46"Travel Cost b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office.Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee,which represents the CONSULTANT'S profit,is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee,which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person- hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work,the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee.The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings.Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled"Termination of Agreement." 5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the lesser oTT 100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT.The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished.Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV,"Extra Work."6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT.The Maximum Total Amount Payable is comprised of the Total Amount Authorized,and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV,"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III,"General Requirements" of this AGREEMENT.The billings will be supported by an itemized listing for each item including Direct Salary,Direct Non-Salary,and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees,the AGENCY may conduct employee interviews.These interviews may consist of recording the names,titles,salary rates,and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports, electronic data and other related documents which are required to be furnished under this AGREEMENT.Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit,all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days of notice of the overpayment.Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States,for a period of three (3)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation,claim or audit arising out of,in connection with,or related to this contract is initiated before the expiration of the three(3)year period,the cost records and accounts shall be retained until such litigation,claim,or audit involving the records is completed. 1%w `a✓ Exhibit E-1 Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: SE 176th Street at SE Benson Drive(SRI 65)Carr Road Intersection Improvements Direct Salary Cost (DSC): Classification Man Hours RAW = �� Quality Assurance 10 X 52.00 $ 520 Project Manager 25 X 42.00 1050 Acquisition Specialist 0 X 38.00 0 Relocation Specialist 0 X 38.00 0 Sr. Admin Specialist 16 X 29.00 464 X X X X X X X X Total DSC = $ 2034 Overhead (OH Cost-- including Salary Additives): OH Rate x DSC of 48.09 % X$ 2034 978.15 Fixed Fee (FF): FF Rate x DSC of 30 % X$ 2034 610.2 Reimbursables: Itemized Mileage-400 miles @$0.560 224.00 Itemized Misc Expenses 400.00 Itemized PFE Administration Fee 129.42 Itemized Itemized Subtotal (Consultant Total): 4376 (rounded) Subconsultant Costs (See Exhibit G): 6471 Grand Total 10847 Prepared By: Mitch Legel,Regional Manager Date: April 15,2014 DOT Forth 140-089 EF Exhibit E-1 Revised 10/2013 Exhibit F Breakdown of Overhead Cost Account Title $ Beginning Total %of Direct Labor Direct Labor 26 562 984.00 100.00% Overhead Expenses: FICA 2,509,336.50 9.45% Unemployment 464,337.23 1.75% Health/Accident Insurance 1,506,863.72 5.67% Medical Aid&Industrial Insurance 340,217.96 1.28% Holiday/Vacation/Sick Leave 1,999,918.00 7.53% Commission/Bonus/Pension 684,033.00 2.58% Total Fringe Benefits 7,504,706.41 28.25% General Overhead: State B&O Taxes 184,755.75 0.70% Insurance 123,693.56 0.47% Administration&Time Not Assignable 2,932,231.75 11.04% Printing, Stationery&Supplies 248,576.73 0.94% Professional Services 587,190.00 2.21% Travel Not Assignable 259,084.33 0.98% Telephone&Tel rah Not Assignable 95,424.33 0.36% Fees, Dues&Professional Meetings 76,195.10 0.29% Utilities&Maintenance 145,827.87 0.55% Professional Development 28,666.99 0.11% Rent 349,076.06 1.31% Equipment Su rt 89,693.73 0.34% Office Miscellaneous& Posta a 149 631.80 0.56% Total General Overhead 5,270,048.00 19.84% Total Overhead General+ Fringe) 12 774 754.41 48.09% Overhead Rate Total Overhead/Direct Labor 48.09% `'✓ Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Strickland, 14ekchmann &Nncc for the Project Fjinrlina Estimate DOT Form 140-089 EF Exhibit G Revised 6/05 411we Exhibit G-1 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project: SE 176th Street at SE Benson Drive(SRI 65)Can Road Intersection Improvements Sub Consultant: Strickland,Heischmum&Hoss Direct Salary Cost (DSC): Classification Man Hours $WLg = Senior Appraiser 15 X 250.00 $ 3750 Administrative 10 X 75.00 750 X X X X X X X Total DSC = $ 4500 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of N/A % X$ 4500 = 0 Fixed Fee (FF): FF Rate x DSC of N/A % x$ 4500 = 0 Reimbursables: Itemized = 1971 SubConsultant Total = 6471 Prepared By: Jim Hoss,President Date: April 15,2014 DOT Form 140-089 EF Exhibit G-1 Revised 11/11 r ° 'ti.r S H t ' April 15,2014 Mitch Legel Northwest Regional Manager Universal Field Services,Inc. 111 Main Street, Suite 105 Edmonds, WA 98020 e-mail: mlegel @ufsrw.com Re: Carr Road/Benson Drive Project Renton, WA Dear Mr. Legel: As per our telephone conversation, our firm will supply you with appraisal services concerning the above mentioned right-of-way project. Maps supplied by your office indicate there are six parcels within the project. At this time you have asked us to supply you with just the "Project Fund Estimate" (PFE) for the project. The PFE will be completed as per the guidelines of W.S.D.O.T. and is intended to comply with USPAP requirements. The PFE will contain a one-page report of each of the parcels (larger parcels combined), with such items as a brief description of the property, impacts of the acquisition, a listing of the sales used in the analysis, sales history of the property, and an estimate of compensation. Also contained within the PFE will be comparable sale write- ups, project description, neighborhood description, and other various supporting data. If the compensation for an individual parcel is $25,000 or under as indicated by the PFE, an Administrative Offer Summary (AOS) could be used for acquisition purposes. The cost of any AOS is included in the PFE fee as quoted below. Proi ect Fund Estimate Principle Appraiser 15 hours $250/hr. $3,750 Administrative 10 hours $75/hr. $ 750 Sign Estimate $1,971 Total $6,471 Strickland, Heischman & Hoss 1 6419 Lakewood Drivc West I Tacoma, Washington 98467 1 p. 253.564.3230 1 f 253 564 3143 `AW *M01 The hourly billing rates for this project are fully burdened, to include but not limited to salary, overhead, profit, mileage, parking, copies, taxes, etc. The above fees are the lowest rates charged to our preferred customers. For the sign estimate I have contacted Ken Dennis of Sign Plus in order to estimate the cost to relocate the signs. Mr. Dennis estimates his costs at $1,971 (see attached), inclusive of the additional billboard sign impacted by the project. It is my understanding that the outdoor billboard sign can stay in-place by an easement and will not have to be considered in this project. I have still asked Mr. Dennis to include the billboard sign in the bid as an option to consider. It is noted that these fees do not include any other experts that may be needed in the process. An example would be"cost to cure" items if needed(design, engineering, septic issues, etc.) on a particular parcel as the result of the acquisition. These type of costs are typically incorporated when the appraisals are required, but not at this stage of the PFE. The above fees also do not include any court time that may result in condemnation, which will be billed separately at$250 per hour. Should you have any questions or comments concerning this proposal, or other items do not hesitate to contact our office. Respectfully i ed, James L. Hoss, MAI, SR/WA SIGNS PLUS PROJECT PARTNERSHIP AGREEMENT Jim Hoss April 10,2013 Strickland Heischman&Hoss,Inc. 6419 Lakewood Drive West Tacoma,WA 98467 Tel:253-564-3230 E-Mail:hoss@shhapp.com Project:Sign appraisal for one(Billboard,one D/F Pole Sign&oae Non-lit D/F Pole Sign S&w Plus heahv oMgM to hoWA the xwtenkds and gaff a the lehor nrce y tor the oan akilm olrhe slm=belaw 1:Sign appraisal for one D/F internally lit pole sign located et 17422 10_8�i Ave.ST.,Renllon,Wo 98055. Price:$500.00 2:Sign appraisal for one D/F billboard located at the comer of Denson Dr.&176i6 St,Renton,Wa. • Price:$1,000.00 3:Sign appraisal for one D/F Non-lit sign located at 10904 SE 176"St,Renton,Wa 98055 • Price:$300.00 Total:31,800.00 9.5%Tax;$171.00 Total Price:$1,971.00 Customer Initials: Date: Salesman Initials: Date: Your sales representative is:Ken Dennis I C:360.393.1265 1 kcn@signsplusnw.com J n. j� PAGE 1 OF 2 Labort rles MASTER ry„ W laDorstorNs Ma FABRICATOR 1330 Norlh Forest Sheet Bellingham,WA 98225 tel:360.671.7165 fax:360.671.0144 www.signsplusnw.com err' Exhibit H Title VI Assurances During the performance of this AGREEMENT,the CONSULTANT, for itself,its assignees,and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"),which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT,with regard to the work performed during the AGREEMENT,shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention of sub-consultants,including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS,including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants,Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract,including procurement of materials or leases of equipment,each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex,or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto,and shall permit access to its books,records, accounts,other sources of information,and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS,orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it,the STATE or the FHWA may determine to be appropriate, including,but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies,and/or; • Cancellation,termination,or suspension of the AGREEMENT,in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 NOW r.✓" 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs(1)through (5)in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS,or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and,in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. fir+` �+ Exhibit I 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. DOT Form 140-089 EF Exhibit 1 Revised 6105 *+' `N"e Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement. The following procedures should only be utilized on consultant claims greater than$1,000.If the consultant's claim(s)are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total$1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 —Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with the additional work;and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding,forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer.If the claim is not eligible for federal participation,payment will need to be from agency funds. If the Agency project manager,Director of Public Works or Agency Engineer,WSDOT Highways and Local Programs(if applicable),and FHWA(if applicable)agree with the consultant's claim,send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 *rr' `40e If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. Step 3—Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s);and • Recommendations to resolve the claim. Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim,or portions thereof,which may include getting Agency Council or Commission approval(as appropriate to agency dispute resolution procedures). If the project involves federal participation,obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim.If the claim is not eligible for federal participation,payment will need to be from agency funds. Step 5—Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim (s)and rationale utilized for the decision. Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Exhibit M-1(a) Certification Of Consultant Project No. Local Agency City of Renton I hereby certify that I am Mitch Legel,NW Regional Manager and duly authorized representative of the firm of Universal Field Services,Inc. whose address is 111 Main St,#105,Edmonds,WA 98020 and that neither 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 the AGREEMENT; (b) Agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT;or (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 this AGREEMENT; except as hereby expressly stated(if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. 4- z P-- 14- 1-4 .' Date Signature Mitch Legel,Regional Manager DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 *AW V4101 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Renton Washington,and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain,or agree to employ to 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 hereby expressly stated(if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S. Department of Transportation,in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. Date ignature DOT Form 140-089 EF Exhibit M-1(b) Revised 6105 14* 1 11400, Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state,or local)with commission of any of the offenses enumerated in paragraph(I) (B). of this certification; and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(federal, state, or local)terminated for cause or default. II. 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): Universal Field Services,Inc. r (Date) (Signature)President or Authorized Official of Consultant Mitch Legel,Regional Manager DOT Form 140-089 EF Exhibit M-2 Revised 6105 *ftovl *440, ConsultanUAddresslTelephone Supplemental Signature Universal Field Services, Inc. Page for 111 Main St,#105 Standard Consultant Edmonds, WA 98020 Agreement Agreement Number Project Title And Work Description SE 176th Street at SE Benson Drive(SRI 65)Can Federal Aid Number Road Intersection Improvements HSIP-OOOS(306) Local Agency Right of Way Acquisition Negotiations and City of Renton Relocation Services THIS AGREEMENT, made and entered into this day of , between the Local Agency of City of Renton Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the"CONSULTANT". In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT LOCAL AGENCY By < BY Atr"/fJ4 Mitch Legel,Regio anager Consultant Universal Field Services, Inc. Agency City of Renton By By Consultant Agency By Agency By Agency DOT Form 140-089 EF Appendix 31.910 Revised 6/05 ATTACHMENT Vale City Of Ak Insurance Requirements For City of Renton The City of Renton typically requires the following industry minimum insurance limits: • $1,000,000 per occurrence Commercial General Liability (CGL); • $2,000,000 in the Commercial General Liability aggregate; • $1,000,000 Auto Liability(needed if a vehicle will be used in performance of work beyond normal commutes. This would include delivery of products to worksite); • Proof of Workers' Compensation coverage as required by the state (provide the Washington L&I or excess coverage policy number); • Excess Liability or Umbrella (if needed, at levels to be determined by unique exposure risk or if required in the contract, can be in tandem with CGL), • $1,000,000 Professional Liability (if required in the contract or if the professional services to be provided are excluded from the CGL policy). Requirements unique to the City of Renton: • Name the City of Renton as a Primary and Non-contributory Additional Insured on the policy (only applies to Commercial General Liability); • The City shall be provided with written notice of any policy cancellation within two business days of receipt of such notice by the policy holder; • Insurance certificate requirements can be waived for current WCIA members, with Risk Manager approval; • Put descriptive text of the project in the "Description of Operations" box; and • The certificate holder should read: City of Renton ATTN: {enter your City contact's name here and Department) 1055 South Grady Way Renton,WA. 98057 Direct any questions, comments, or concerns to: Gary Lamb, Risk Manager 425.430.7669- direct 425.430.7650- main 425.430.7665 -fax glamb @rentonwa.gov Revised 4/5/13