HomeMy WebLinkAbout02/24/2009 17 Coolidge Rd Paving Project Section 106 Cultural Resource Survey Agreement; Drayton Archaeological Research BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. .( f 7
For Meeting of February 24, 2009
ITEM TITLE: A Resolution authorizing and directing the City Manager to
execute a consultant agreement for personal services with
Drayton Archaeological Research (Drayton), to perform a
Section 106 Cultural Resource Survey for the Coolidge Road
Paving Project and any other such documents that may be
deemed necessary and prudent for the completion of this
project.
SUBMITTED BY �. ° lam Cook, Director of Community & Economic
Development
CONTACT PERSON/TELEPHONE: Doug Mayo, P.E., City Engineer 576 -6678
SUMMARY EXPLANATION:
The City has received Congestion Mitigation and Air Quality (CMAQ) grants totaling
$539,460 for improving Coolidge Road between 80 Avenue and 88 Avenue. The City
also inherited an additional $200,000 of developer contributions which the County had
collected for improvements to this roadway. The proposed project will pave the existing
gravel roadway, install curb, gutter, stormwater runoff treatment, and grade for a
sidewalk on the north side of the roadway.
In order to use the CMAQ funds, the Federal Environmental process needs to be
followed. For this project, this process includes the requirement of a Section 106
Cultural Survey. Drayton is on the Department of Archaeological and Historic
Preservation's (DAHP) list of qualified archaeologists to perform these surveys. The
contract amount for Drayton to perform this work will not exceed $4,000.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source: Arterial Streets Capital Improvement Fund 142
APPROVED FOR SUBMITTAL:
p`-+ -
e" City anager
STAFF RECOMMENDATION: Adopt the resolution
BOARD/COMMISSION /COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
• RESOLUTION NO. R -- 2009 -
A RESOLUTION authorizing and directing the City Manager to execute a consultant
agreement for personal services with Drayton Archaeological
Research (Consultant) and also authorizing the City Manager to
execute any additional contracts or agreements that may become
necessary and prudent for the completion of the Coolidge Road
Paving project.
WHEREAS, in order to use the funding that the City of Yakima has received
to make improvements to Coolidge Road between 80 Avenue and 88th Avenue, a
Section 106 Cultural Resources Study needs to be performed by an archaeologist
that is approved by the DAHP and,
WHEREAS, the Consultant has the experience and expertise
necessary to provide the Section 106 Cultural Resources Study and is on the
DAHP list as meeting the qualification to perform such surveys; and,
WHEREAS, the City of Yakima desires to engage the Consultant to perform
the Section 106 Cultural Resources Survey; and,
WHEREAS, the City Council has determined that it is in the best
interest of the City to enter into a professional services agreement with a
411 consultant selected for such expertise; and,
WHEREAS, the City Council further deems it to be in the best interest
of the City of Yakima to authorize the City Manager to execute any additional
contracts or agreements that may become necessary and prudent for the
completion of the Coolidge Road Paving project; Now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKI MA:
The City Manager is hereby authorized and directed to execute a consultant
agreement with Drayton Archaeological Research, for personal services
required to get environmental clearance for the Coolidge Road Paving project,
in the amount not to exceed $4,000.
The City Manager is further authorized to execute any additional
contracts or agreements that may become necessary and prudent for the
completion of the Coolidge Road Paving project.
ADOPTED BY THE CITY COUNCIL this 24th day of February, 2009.
David Edler, Mayor
• ATTEST:
City Clerk
Local Agency Consultant/Address/Telephone
Drayton Archaeological Research •
Standard Consultant 9108 Odell Road
Agreement Blaine, WA 98230
Phone: (360) 739 -3921
0 Architectural /Engineering Agreement
la Personal Services Agreement
Agreement Number
Project Title And Work Description
Federal Aid Number COOLIDGE ROAD PAVING
CM 4560(0001) Perform Section 106 Cultral Resource Survey for
Agreement Type (Choose one) improving 1/2 mile of Coolidge Road by paving
existing gravel road and installing curb, gutter and
❑ Lump Sum grading for sidewalk.
Lump Sum Amount $
►�� Cost Plus Fixed Fee
Overhead Progress Payment Rate %
Overhead Cost Method DBE Participation
❑ Yes 0 No
►:a Actual Cost
Federal ID Number or Social Security Number
0 Actual Cost Not To Exceed % 54- 2177657
►e Fixed Overhead Rate 121 % Do you require a 1099 for IRS? Completion Date
s Fixed Fee $ 0.00 ❑ Yes @ No April 30, 2009
❑ Specific Rates Of Pay Total Amount Authorized $ 3,649.00
❑ Negotiated Hourly Rate
Management Reserve Fund $
❑ Provisional Hourly Rate
Payable $ 3,649.00
Maximum Amount Pa
El Cost Per Unit of Work y
Index of Exhibits (Check all that apply):
0 Exhibit A -1 Scope of Work 0 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 0 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 - Payment - Hourly Rate ❑ Exhibit L Liability Insurance Increase
❑ Exhibit D -4 Payment - Provisional ❑ Exhibit M -1a Consultant Certification
@ Exhibit E -1 Fee - Lump/Fixed/Unit ❑ Exhibit M -lb Agency Official Certification
0 Exhibit E -2 Fee - Specific Rates ❑ Exhibit M-2 Certification Primary
2 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 en tered into this day of ,
between the Local Agency of City of Yakima , Washington, hereinafter called the "AGENCY"
and the above organization hereinafter called the "CONSULTANT".
DOT Form 140 -089 EF Page 1 of 8
Revised 3/2008
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:
1 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 furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
11 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 b y the
gn g P P g P P Y
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
W 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.
Vi II 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.
0
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 CONSIJLTANT 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 2000d -4a)
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.
Page4of8
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
0 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 find 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
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 claims, demands, or suits at law or equity arising m 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 claims' 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 Code 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 m 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
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance inn aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
—The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
Page 6 of 8
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
0 under other provisions of this AGREEMENT, or otherwise in law. -
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 fmal 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 work 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 -4"
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.
®
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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.
•
By By
Consultant Agency
DOT Form 140 -089 EF
Revised 3/2008 Page 8 of 8
Exh A -1
Scope of Work
Project No. CM- 4560(0001)
This contract is for the development of a Section 106 Cultural Resources Study for the Coolidge Road
Paving project Work will include a records search at the DAHP office, surface inspection, subsurface
testing for the presence of archaeological materials where new cuts are proposed and a final report
meeting all state and federal requirements documenting what was found if archaeolo s'cal materials are
encountered, a Washington State site inventory for would he required
4110
Documents To Be Furnished By The Consultant
Five copies of the Section 106 Cultural Resources technical report for the project that meets all of the
state and federal requirements
_ _ _
DOT Form 140 -089 EF Exhibit A -1
Revised 6/05
Exhibit E -1
Consultant Fee Determination Summary Sheet
•
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: COOLIDGE ROAD PAVING
Direct Salary Cost (DSC):
Classification Man Hours B Le = = Cost
Principal 26.0 X 53.00 $ 1,378.00
Field Archaeologist 6.0 X 20.00 120.00
Administrator 0.5 X 17.15 8.58
X
X
X
X
X
Total DSC = $ 1,506.58
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of 121 % x $ 1,506.58 1,822.96
Fixed Fee (FF):
FF Rate x DSC of • 0 % x $ 1,506.58 0.00
Reimbursables:
Itemized 319.50
Subconsultant Costs (See Exhibit G):
Grand Total 3,649.03
Prepared By: Brett Date: February 19, 2009
DOT Form 140 -089 EF Exhibit E -1
Revised 6/05
Exhibit F
Breakdown of Overhead Cost
Account Title $ Beginning Total % of Direct Labor
Direct Labor 3,649.00 100.00%
Overhead Expenses: -
FICA
Unemployment
Health /Accident Insurance
Medical Aid & Industrial Insurance
Holiday/Vacation /Sick Leave 170.00
Commission /Bonus /Pension 242.00 6.63%
Total Fringe Benefits 412.00 11.29%
General Overhead:
a State B &O Taxes 74.00 2.03%
glir Insurance 134.00 3.67%
Administration & Time Not Assignable 359.00 9.84%
Printing, Stationery & Supplies 46.00 1.26%
Professional Services
Travel Not Assignable
Telephone & Telegraph Not Assignable 143.00 3.92%
Fees, Dues & Professional Meetings
Utilities & Maintenance 165.00 4.52%
Professional Development
Rent 180.00 4.93%
Equipment Support 138.00 3.78%
Office, Miscellaneous & Postage
Aik Total General Overhead 1,239.00 33.95%
Total Overhead (General + Fringe) 1,651.00 45.25%
Overhead Rate (Total Overhead / Direct Labor) 45.25%
DOT Form 140 -089 EF Exhibit F
Revised 6/05