HomeMy WebLinkAboutSCJ Alliance Amendment 6 Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, Public Works Director/ County Engineer
Agenda Date: 5/20/2024
Subject: Contract Supplement #6 to Professional Services Agreement for Civil
Engineering Services for the Quilcene Complete Streets Project
Statement of Issue:
Execution of a Standard Consultant Agreement Supplement with SCJ Alliance of Lacey,
WA for a modification in schedule of Civil Engineering Services for the Quilcene
Complete Streets project.
Analysis/Strategic Goals/Pro's Et Con's:
This project is included in the officially adopted 2024-2029 TIP (Transportation
Improvement Program) as well as in the 2024 Annual Construction Program, in each as
Item No. 1. This project is funded through the WSDOT Pedestrian Et Bicycle program,
whose objective is to improve the transportation system so as to enhance safety Et
mobility for people who choose to walk or bike.
This Supplement will extend the completion date of the contract until 12/31/24.
Fiscal Impact/Cost Benefit Analysis:
This Supplemental Agreement does not change the value of the Professional Services
Agreement. This project is funded by an $884,165 WSDOT Pedestrian Et Bicycle Program
grant and a $100,000 Public Infrastructure Fund (PIF) grant.
Recommendation:
The Board is asked to execute the two (2) originals of the Supplemental Agreement with
SCJ Alliance, and return (1) signed original to Public Works (attn. Eric Kuzma).
Department Contact:
Eric Kuzma, (360) 385-9167
Reviewed By:
Mark McCauley, � Y unt Administrator Dates//_5/7/
05/08/2024 for
--pi,t!� t.,-vlj �. :,: Washington State 'Y/1 Department of Transportation
Supplemental Agreement Organization and Address
Number 05 Shea, Carr & Jew ell, Inc. (dba SCJ Alliance)
87 30 Tallo n Lane NE, Suite 200 Original Agreement Number Lacey, WA 98516
Phone: 3 60-352-1465
Project Number Execution Date Completion Date
0726.03 08/13 /18 12/3 1/2023
Project Title New Maximum Amount Payable
Quilcene Co mplete Str eets PS&E $111,8 3 8 (Maximum Am o unt Payable)
Description of Work
Extend the Co ntract C o mpleti o n Date to 12/3 1/2023 . N o budget change.
The Local Agency of �J �ef_fe�r�s o �n �C�o�u=n=tY�----------------------------
desires to supplement the agreement entered in to with �S �h _ea�C �arr �&�Je_w_e _ll�In _c �. _____________
and executed on 08/13/18 and identified as Agreement No. SC J Pr o ject No. 0726.03
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
No change.
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: �C�o=m=p=le�t �i o=n �d=a �te �: �12=/�3 =1/=23�-------------------
111
Section V, PAYMENT, shall be amended as follows:
No change.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: Sco tt Sawyer
L�gnatura
DOT Form 140-063
Revised 09/2005 Approved as to form only: PRE-APPROVED cor--.'TR.1\CT FORM
Philip C. Hunsucker Date Chief Civil Deoutv Prosecutm2 Attomev Date '
FOR REFERNCE ONLY:Supplemental Agreements 1-5 and Original Agreement
Exhibit "A"
Summary of Payments
Basic
Agreement
Supplement #1 Total
Direct Salary Cost 28,657 0 28,657
Overhead
Including Payroll Additives)
47,384 0 47,384
Direct Non -Salary Costs 26,627 0 26,627
Fixed Fee 9,170 0 9, 170
Total 111,838 0 111,838
DOT Form 140-063
Revised 09/2005
u,
g
Washington State
Department of Wansportation
Supplemental Agreement Organization and Address
Number_ 04 Shea,Carr&Jewell,Inc.(dba SCJ Alliance)
Original Agreement Number 8730 Talton Lane NE,Suite 200
Lacey,WA 98516
Phone: 360-352-1465
Project Number Execution Date Completion Date
0726.03 08/13/1 S 12/31/2022
Project Tide New Maximum Amount Payable
Quilcene Complete Streets PS&E 111,838(Maximum Amount Payable)
Description of Work
Extend the Contract Completion Date to 12/31/2022.No budget change.
The Local Agency of Jefferson County
desires to supplement the agreement entered in to with Shea,Carr&Jewell,Inc.
and executed on 08/13/18 and identified as Agreement No. SCJ Project No.0726.03
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
No change.
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: Completion date: 12/31/22
III
Section V, PAYMENT, shall be amended as follows:
No change.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
ABy:Scott Sawyer By... k ,, .M 4 Nait .D 0 0.°. 2/c/2
4_0 61- 1
nsul Signature Approving Authority Signature
Approved as to Form Only by Philip C. Hunsucker, /7
Chief Civil Deputy Prosecuting Attorney on 12/7/2021 ,/`
Exhibit "A"
Summary of Payments
Basic Supplement#1 Total
Agreement
Direct Salary Cost 28,657 0 28,657
Overhead 47,384 0 47,384
Including Payroll Additives)
Direct Non-Salary Costs 26,627 0 26,627
Fixed Fee 9,170 0 9,170
Total 111,838 0 111,838
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Director/ County Engineer if
Agenda Date: 12/20/2021
Subject: Contract Supplement #4 to Professional Services Agreement for Civil
Engineering Services for the Quilcene Complete Streets Project
Statement of Issue:
Execution of a Standard Consultant Agreement Supplement with SCJ Alliance of Lacey, WA for a
modification in schedule of Civil Engineering Services for the Quilcene Complete Streets project.
Analysis/Strategic Goals/Pro's Et Con's:
This project is included in the officially adopted 2021-2026 TIP (Transportation Improvement
Program) as well as in the 2021 Annual Construction Program, in each as Item No. 1. This project
is funded through the WSDOT Pedestrian Et Bicycle program, whose objective is to improve the
transportation system so as to enhance safety Et mobility for people who choose to walk or bike.
This Supplement will extend the completion date of the contract until 12/31/22.
Fiscal Impact/Cost Benefit Analysis:
This Supplemental Agreement does not change the value of the Professional Services Agreement.
This project is funded by an $884,165 WSDOT Pedestrian Et Bicycle Program grant and a $100,000
Public Infrastructure Fund (PIF) grant.
Recommendation:
The Board is asked to execute the three (3) originals of the Supplemental Agreement with SCJ
Alliance, and return (2) signed originals to Public Works (attn. Eric Kuzma).
Department Contact:
Eric Kuzma, (360) 385-9167
Reviewed By:
z,1,76 z4 i
Mark McCaule 01 terim County Administr to Date
CONTRACT REVIEW FORM
INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: SCJ Alliance Contract No: 2021-1os
Contract For: Contract Supplement for:Civil Engineering Services Term: 12/31/2022
COUNTY DEPARTMENT: Public w
Contact Person: Eric Kuzma
Contact Phone: 360.365-9167
Contact email: ekuzma@cojetterson.wa.us
PROCESS: --AMOUNT: N/A(Original Contract$111,638) Exempt from Bid Process
Revenue: 33403.61 Cooperative Purchase
Expenditure: 180.000.010.59500.41 Competitive Sealed Bid
Matching Funds Required: No Small Works Roster
Sources(s) of Matching Funds N/A Vendor List Bid
Fund# RFP or RFQ
Munis Org/Obj X Other:Consultant Selection Process
APPROVAL STEPS:
STEP l: DEPARTMENT CERTIFIES COMPLIA E ITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: l I N/A:n U" 4•11/30/21
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE E ON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEE D ARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERT IED: El N/A: Pill 11,16 11,‘
Electronically approved by Risk Manag fin 12/8/2021.Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
STEP 4-PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 12/7/2021.
Contract supplement.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
N. Z
Washington State
Department of Transportation
Supplemental Agreement Organization and Address
Number 03 Shea, Carr & Jewell, Inc. (dba SCJ Alliance)
8730 Tallon Lane NE, Suite 200
Original Agreement Number Lacey, WA 98516
Phone: 360-352-1465
Project Number Execution Date Completion Date
0726.03 08/13/18 12/31/21
Project Title New Maximum Amount Payable
Quilcene Complete Streets PS&E 111,838 (Maximum Amount Payable)
Description of Work
Extend the Contract Completion Date to 12/31/2021. No budget change.
The Local Agency Of Jefferson County
desires to supplement the agreement entered in to with Shea, Carr & Jewell, Inc.
and executed on 08/13/18 and identified as Agreement No. SCJ Project No. 0726.03
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
No change.
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: Completion date: 12/ 31/ 21
III
Section V, PAYMENT, shall be amended as follows:
No change.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: Scott Sawyer
4-10 '
onsult Signature
By;-
Approving Authority Signature
Y-?- J -%/
Date
DOT Form 140-063
Revised 09/2005
Exhibit "A"
Summary of Payments
Basic
Agreement
Supplement #1 Total
Direct Salary Cost 28,657 0 28,657
Overhead
Including Payroll Additives)
47,384 0 47,384
Direct Non -Salary Costs 26,627 0 26,627
Fixed Fee 9,170 0 9,170
Total 111,838 0 111,838
DOT Form 140-063
Revised 09/2005
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Director/ County Engineer
Agenda Date: 1/25/2021
Subject: Contract Supplement #3 to Professional Services Agreement for Civil
Engineering Services for the Quilcene Complete Streets Project
Statement of Issue:
Execution of a Standard Consultant Agreement Supplement with SO Alliance of Lacey, WA for a
modification in schedule of Civil Engineering Services for the Quilcene Complete Streets project.
Analysis/Strategic Goals/Pro's Et Con's:
This project is included in the officially adopted 2021-2026 TIP (Transportation Improvement
Program) as well as in the 2021 Annual Construction Program, in each as Item No. 1. This project
is funded through the WSDOT Pedestrian It Bicycle program, whose objective is to improve the
transportation system so as to enhance safety Et mobility for people who choose to walk or bike.
This Supplement will extend the completion date of the contract until 12/31 /21.
Fiscal Impact/Cost Benefit Analysis:
This Supplemental Agreement does not change the value of the Professional Services Agreement.
This project is funded by an $884,165 WSDOT Pedestrian Et Bicycle Program grant.
Recommendation:
The Board is asked to execute the three (3) originals of the Supplemental Agreement with SCJ
Alliance, and return (2) signed originals to Public Works (attn. Eric Kuzma).
Department Contact:
Eric Kuzma, (360) 385-9167
Reviewed By:
hilip MOounty Administ r Date
C.-NTRACT REVIEW FORA
T) I / I VJCONTRACTWITH: SCJ Alliance TRACKING NO.:
Contractor/Consultant)
CONTRACT FOR: Contract Supplement for: Civil Engineering Services TERM: 12/31/20
COUNTY DEPARTMENT: Public Works
For More Information Contact: Eric Kuzma
Contact Phone #: (360) 385-9167
RETURN TO: Chris
Person in Department)
AMOUNT: N/A
RETURN BY: 12/31/19
Revenue 33403.61
Expenditure 180.000.010.59500.41
Matching funds Required No
Source(s) of Matching Funds N/A
Date)
PROCESS: Exempt from Bid Process
21 Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other
Step 1: REVIEW BY RISK MANAG
Review by: Philip Morley
Date Reviewed:
APPROVED FORM
Comments
Step 2: REVIEW BY
Review by:
Date Reviewed:
APPROVED AS TO FORM
Comments
Returned for revision (See Comments)
CAS U ING ATTORNEY
Y
Philip-E cker'sj
CliieiCivil Deputy Prosecuting Attorney
Returned for revision (See Comments)
State (WSDOT) form
Ntep 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK
MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPIrc AQ
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVALc.
Submit original Contract(s), Agenda Request, and Contract Review ti
just the Contract(s) (with the originals) to the BOCC Office. Place " S
BOCC needs to sign. SZ`
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following' `
This form to stay with contract throughout the contract review pr
k-1-
93f;ci le -
Washington State
Department of Transportation
Supplemental Agreement Organization and Address
Number 02 F Shea.Carr&Jewell,Inc. (dha SCJ Alliance)
Original Agreement Number
8730 Tallon Lane NE, Suite 201)
Lacey, W,•\98516
j
r
Phone: 360- 352-1465
1 Project Number Execution Date Completion Date
0726.03 08/13/18 12/ 31/19
Project Title New Maximum Amount Payable
Quilcene Complete Streets PS&E 1 1 1,838
Description of Work
Prepare PS&E and hid documents for complete streets improvements along US 101 in Quilcene. WA.
The Local Agency of Jefferson County
desires to supplement the agreement entered in to with Shea.Carr&Je sell_lnc.
and executed on 08/i388and identified as Agreement No. N/A
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
No change.
I I
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: Completion date: 12/31/20
III
Section V, PAYMENT, shall be amended as follows:
No change.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: Scott S.tw cr
f
1-___.
Consultant Signature Approving Authority Signature
Date
DOT Form 140-063
Revised 09/2005
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Director/ County Engineer C._
Agenda Date: 1/6/2020
Subject: Contract Supplement #2 to Professional Services Agreement for Civil
Engineering Services for the Quilcene Complete Streets Project
Statement of Issue:
Execution of a Standard Consultant Agreement Supplement with SCJ Alliance of Lacey, WA for a
modification in schedule of Civil Engineering Services for the Quilcene Complete Streets project.
Analysis/Strategic Goals/Pro's Et Con's:
This project is included in the officially adopted 2020-2025 TIP (Transportation Improvement
Program) as well as in the 2020 Annual Construction Program, in each as Item No. 1. This projectg
is funded through the WSDOT Pedestrian 0 Bicycle program, whose is to improve thegYPg objectiveP
transportation system so as to enhance safety a mobility for people who choose to walk or bike.
This Supplement will extend the completion date of the contract until 12/31/20.
Fiscal Impact/Cost Benefit Analysis:
This Supplemental Agreement does not change the value of the Professional Services Agreement.
This project is funded by an $884,165 WSDOT Pedestrian Et Bicycle Program grant.
Recommendation:
The Board is asked to execute the three (3) originals of the Supplemental Agreement with SCJ
Alliance, and return (2) signed originals to Public Works (attn. Eric Kuzma).g
Department Contact:
Eric Kuzma, (360) 385-9167
Reviewed By:
l
orley . '-ou ty A•ministrator. Date
CONTRACT REVIEW FORM
CONTRACT WITH: SCJ Alliance TRACKING NO.:
Atli I 0
Contractor/Consultant)
CONTRACT FOR: Contract Supplement for: Civil Engineering Services TERM: 12/31/20
COUNTY DEPARTMENT: Public Works
For More Information Contact: Eric Kuzma
Contact Phone #: (360) 385-9167
RETURN TO: Chris RETURN BY: 12/31/19
Person in Department)Date)
AMOUNT: N/A PROCESS: Exempt from Bid Process
El Consultant Selection Process
Revenue 33403.61 Cooperative Purchase
Expenditure 180.000.010.59500.41 Competitive Sealed Bid
Matching funds Required No Small Works Roster
Source(s) of Matching Funds N/A Vendor List Bid
RFP or RFQ
Other
Step 1: REVIEW BY RISK MANAGEIVMEN
Review by: Phili I Morle d
Date Reviewed:
APPROVED FORM 0 Returned for revision(See Comments)
Comments
Step 2: REVIEW BY P. !' U ING ATTORNEY
Review by: __ Ai_; Phili uker Q 'ih/
Date Reviewed:
4 /36 ' Chief Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM Returned for revision(See Comments)
Comments
State (WSDOT) form
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK
MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s), Agenda Request,and Contract Review form. Also,please send 2 copies of
just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the
BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda.
This form to stay with contract throughout the contract review process.)
Supplemental Agreement Organization and Address:
Number: 1
SCJ Alliance
8730 Tallon Lane NE, Suite 200
Lacey, WA 98516
Agreement Number: LA8311
Phone: (360) 352-1465
Project Number: Execution Date: Completion Date:
18019330 10/26/15 12/31/17
Project Title: New Maximum Amount Payable:
Quilcene Complete Streets 24,659
Description of Work:
his supplement includes services to prepare preliminary design documents for improvements along US Hwy 101
Quilcene to be used as the basis for a final community meeting co -conducted by the County and SCJ Alliance
Iapproximate limits of the project are from the US Bank to the Community Center. The project's goal is t
ddress
eate streetscape improvements within the available project budget which will serve to lower vehicle speeds
safety concerns, establish a sense of place, and have the potential to spur economic development.
The Local Agency of Jefferson County Department of Public Works desires to supplement the Professional
Services Agreement entered into with SCJ Alliance, of Lacey WA, executed on 10/26/15.
All provisions in the original agreement remain in effect except as expressly modified by this Supplemental
Agreement.
The changes to the original agreement are described as follows:
Section 2, SCOPE OF SERVICES, is hereby amended to include the performance of additional services as
identified on Exhibit "A-1" attached hereto.
II
Section 4, PAYMENT, shall be amended as follows:
Original Agreement Maximum Amount Payable: $ 8,430.00
Supplemental Agreement #1 Amount: $16,229.00
New Agreement Maximum Amount Payable: $24,659.00
as set forth in the attached Exhibit 11E-3" attached hereto.
Page 1 of 2 Revised 1/4/2017
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate
spaces below and return to Public Works for final action.
SCJ Alliance
I ktj
s Name
00/11
Date
of: Monte Re
Public W
P.E.
Director/County Engineer
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kathleen Kl , Chair Date
z
David S lhvan, ember Date
e zv/ -7
Kae Dean, Member Date
Approved as to form only:
C'I'A 6(r, -7
PW;r t. IA-vn f,/,,kDate
Chief Civil Deputy Prosecutor
Page 2 of 2 Revised 1/4/2017
EXHIBIT A-1
SCOPE OF WORK
SUPPLEMENTAL AGREEMENT NO. 1
QUILCENE COMPLETE STREETS
QUILCENE, WA
Overview
This amendment includes services to prepare preliminary design documents for improvements
along US Highway 101 in Quilcene, WA to be used as the basis for a final community workshop
co -conducted by the County and SCJ Alliance. The approximate limits of the project are from the
US Bank to the Community Center (MP 294.5 to 295.0). The goal is to create streetscape
improvements within the available project budget which will serve to lower vehicle speeds,
address safety concerns, establish a sense of place, and spur economic development.
Improvements may include:
Sidewalks and bike lanes
Medians/pedestrian refuge areas
Pedestrian activated signals at key crosswalk(s)
Traffic signs and beacons
Pedestrian lighting
Transit stops and bike racks
Landscaping and street furniture
Curb and gutter
Stormwater improvements
SCJ previously contracted with Jefferson County (County) to assist in two community charrettes
and provide cost estimates for the preliminary designs presented at each charrette.
The work will consist of the following phases:
Final Design Scoping
Project Management
Concept Design Verification
Assumptions
1. The project is funded by the WSDOT Pedestrian and Bicycle Program. The State funds
will be administered by WSDOT Local Programs, but Federal Aid requirements do not
apply (including NEPA), since the grant program is State funding.
2. The County previously contracted separately with Fischer Bouma Partnership to lead the
initial charrette stage of the project (two community workshops and associated
deliverables). SCJ is providing support as directed by the County per this scope/budget
amendment.
Quilcene Complete Streets May 26, 2017
Jefferson County Page 1
Exhibit A-1 - Scope of Work
3. The County has provided topographic survey (including a digital terrain model
compatible with AutoCAD Civil 3D) and rights of way mapping.
4. SEPA documentation will not be required. It is assumed the project is exempt per WAC
197-11-800 Section 2(d) and 23(b).
5. An archaeological resource inventory report will not be required. The County will fill out
the forms for the Department of Archaeology and Historic Preservation (DAHP) to verify
no additional reporting is required. The County will send the DAHP determination to the
interested Tribes.
6. Right of way is not required. The County will secure any temporary rights for
construction.
Phase 1 Final Design Scoping
Task s Final Design Scoping
1) Final Design Scoping: Prepare scope and budget for this amendment and a draft scope
of work for Final Design.
Understanding
None.
Deliverables
Scope and budget for this amendment submitted via email in PDF format.
Phase 2 Project Management
This phase includes tasks to plan, manage, and administer the work; attend project meetings
with the County; and provide quality assurance/quality control.
Task s Project Management
1) Management: Manage the project by directing and supervising staff and reviewing
work for the duration of the project. This management is for the overall work rather
than specific tasks.
2) Schedule and Budget: Develop a critical path project schedule to match the scope of
work. Review and update the schedule on a monthly basis. Monitor earned value and
actual costs on a bi-weekly basis. Provide monthly billing statements to the County
including overall budget and schedule confirmation and review for each progress billing
period.
3) Weekly Progress Reports: Prepare and submit a weekly progress report. Weekly
progress reports will show: (1) work performed last week, (2) work planned this week,
3) schedule and budget status (including a 3 -line earned value chart), (4) a summary of
scope changes/added value, and (5) items needed from the TOWN and/or others.
4) Progress Billings: Prepare a monthly progress bill with weekly progress reports
attached. Bills will show staff hours for each phase (i.e., Phase 1: Project Management).
Quilcene Complete Streets May 26, 2017
Jefferson County Page 2
Exhibit A-1 - Scope of Work
Task 2 Project Meetings
1) Project Status Meetings: Attend up to two meetings in Port Townsend to discuss the
status of the project, present draft materials in progress, and coordinate with County
staff. Meetings will be attended by the Consultant project manager.
Task 3 Quality Assurance/Quality Control
1) Quality Control: Provide senior level review of task deliverables before submittals.
2) Quality Assurance: Audit quality check activities and documentation on a periodic basis.
Understanding
Project management will be provided over a 3 -month time frame and the estimated
number of meetings and project coordination is reflected in the budget.
Progress billings will be submitted monthly to the County.
Monthly progress billings will be deemed incomplete and subject to non-payment if
associated weekly progress reports are not submitted.
Deliverables
Weekly Progress Report submitted via email in PDF format.
Progress billings submitted monthly submitted via US Mail.
Minutes for meetings submitted via e-mail in PDF format.
Phase 3 Concept Design Verification
This phase includes preliminary designing to a specific budget. It is also for additional charrette
support beyond the support scoped and budgeted in the original contract.
Task 1 Concept Design Verification
1) Auto -Turn Analysis: Complete Auto -Turn analysis at US Hwy 101/Center Road and
proposed refuge locations.
2) Draft Layout: Draw the preliminary Fisher Bouma Partnership hand -drawn concept
design in AutoCad incorporating conceptual level strategies to mitigate commercial
access limitation created by refuges/turn lane modifications.
3) Project Cost Analysis: Estimate construction costs and total project costs for the
updated/drafted concept design. Create a Pareto Diagram to help analyze the cost of
construction and determine how to reduce the scope of improvements to match the
County's project grant budget. Meet with the County to review SCJ recommendations.
4) Revised Layout: Prepare revised concept design per changes made from the Pareto
diagram results and analysis and input from the County.
5) Cost Estimate: Prepare a concept -level project cost estimate for the revised layout.
6) Technical Memorandum: Prepare a technical memorandum to document scope of
improvement, design layout, and project cost estimate decisions.
Quilcene Complete Streets May 26, 2017
Jefferson County Page 3
Exhibit A-1 - Scope of Work
Task 2 Charrette Support
1) Community Workshop: Co -conduct with the County a final community design meeting
presenting the revised concept designs.
Understanding
Support for Task 2 will be as directed by the County, and the support is limited to
budgets provided herewith.
Deliverables
Concept layout submitted via email in PDF and DWG format.
Concept cost estimate submitted via email in PDF and Excel format.
Technical memorandum, including Pareto Diagram and Auto -Turn analysis, submitted
via email in PDF format.
Future Phases for Final Design and Construction
Geotechnical Study
Preliminary Design
Agency Coordination
Final Design
Bidding Services
Construction Management
END OF SCOPE OF SERVICE
Quilcene Complete Streets May 26, 2017
Jefferson County Page 4
Alf,
Consultant Labor Hour Estimate - Exhibit E-3
Project: Quilcene Complete Streets (Supplemental Agreement No.1)
Perry Scott Whitney Matt Alissa
Sr
Project Senior Project EMP Cat
Task Na Task Description Principal Principal EMP Cat 6 EMP Cat 7 EMP Cai 8 EMP Cat 9
3 e"11 Designer I Coordl 10
Phase 01 Final Design Scoping
n
3.0 3.0
Task 01 Final Design Scoping
3.0 3.0
1 Final Design Scoping 2.0 10.0 1.0 13.0
4 Progress Billings
Subtotal Hours: 2.0 10.0 1.0 13.0
3 Project Cost Analysis
Subtotal Hours:
6.0
9.0 1.5 10.5
Task 02 Project Meetings
Total Phase Hours: 2.0 10.0 1.0 13.0
1 Project Meetings
Total Phase Direct Labor: $144.00 400.00 26.00 570.00
Phase 02 Project Management
4.0
6.0
4.0
Task 01 Project Management
10.0 1.0 60.0 71.0
1 Management 3.0 3.0
2 Schedule and Budget 3.0 3.0
3 Weekly Progress Reports
1.0
3.0
12.0
3.0
4 Progress Billings
1.0
1.5 1.5
3 Project Cost Analysis
Subtotal Hours:
6.0
9.0 1.5 10.5
Task 02 Project Meetings
1.0 8.0 9.0
1 Project Meetings
1.0
4.0
4.0
4.
6 Technical Memorandum
Subtotal Hours: 4.0
6.0
4.0
Task 03 Quality Assurance/Quality Control
10.0 1.0 60.0 71.0
1 Quality Control 2.0 2.0
2 Quality Assurance 0.5 0.5
Subtotal Hours: 0.5 2.0 1 1 2.S
Total Hours All Tasks: 0.5 15.0 1.S 17.0
Total Direct Labor Estimate 50.00 1,080.00 r 1 39.00 1 1,169.00
Phase 03 Concept Design Verification
Task 01 Concept Design Verification
1 Auto -turn Analysis 1.0 12.0 13.0
2 Draft Layout 1.0 20.0 21.0
3 Project Cost Analysis 6.0 1.0 10.0 17.0
4 Revised Layout 1.0 8.0 9.0
5 Cost Estimate 1.0 4.0 5.0
6 Technical Memorandum 6.0 6.0
Subtotal Hours: 10.0 1.0 60.0 71.0
Task 02 Charrette Support
1 Community Charrettes 8.0 8,0
Subtotal Hours: 8.0 8.0
Total Phase Hours: 18.0 1.0 60.0 8.0
Total Phase Direct Labor: 1,296.00 40.00 2,160.00 3,496.00
Total Hours All Phases 0.5 1 3S.0 11.0 60.0 2.5 109.0
Total Direct Labor Estimate All Phases 50.00 1 $2,520.00 1 440.00 t1 $2,160.00 1 $65.00 1 1 5,235.00
Page 1 of 2
Consultant Fee Determination - Exhibit E-3
Project: Quilcene Complete Streets (Supplemental Agreement No.1)
Consultant Fee Determination
DIRECT SALARY COST
Discipline Hours Rate Amount
Sr Principal Consultant 0.5 100.00 50
Principal 35.0 72.00 2,520
Project Engineer 1 11.0 40.00 440
Senior Designer 60.0 36.00 2,160
Project Coord 1 2.5 26.00 65
Subtotal: 109.0 Total Direct Salary Cost 5,235
OVERHEAD
Overhead Rate: 165.37% Direct Salary Cost: $5,235 Overhead Cost 8,657
FIXED FEE
Fixed Fee Rate: 32.00% Direct Salary Cost: $5,235 Fixed Fee Cost 1,675
TOTAL SALARY COST
Total Salary Cost $15,567
SUBCONSULTANTS (Yes or No) Yes
Subconsultant Fee $0
Subconsultant Markup: 0% $0
Total Subconsultants $0
REIMBURSABLES
Copies, Reproductions, el 1.5% of Total Salary Cost $234
Mileage: 800 miles at $0.535 $428
Total Expenses: $662
SUBTOTAL (SALARY, SUBCONSULTANTS AND EXPENSES)
Subtotal (Salary, Subconsultants and Expenses) $16,229
MANAGEMENT RESERVE FUND (MRF)
Management Reserve 0.0% of Subtotal $0
Total Estimated Budget: $16,229
Page 2 of 2
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Director/ County Engineer
Agenda Date: 6/26/2017
Subject: Contract Supplement #1 to Professional Services Agreement for Civil
Engineering Services for the Quilcene Complete Streets Project
Statement of Issue:
Execution of a Standard Consultant Agreement Supplement with SCJ Alliance of Lacey, WA for a
modification in scope of Civil Engineering Services for the Quilcene Complete Streets project.
Analysis/Strategic Goals/Pro's a Con's:
This project is included in the officially adopted 2017-2022 TIP (Transportation Improvement
Program) as well as in the 2017 Annual Construction Program, in each as Item No. 6. This project
is funded through the WSDOT Pedestrian It Bicycle program, whose objective is to improve the
transportation system so as to enhance safety ft mobility for people who choose to walk or bike.
This Supplement will provide Civil Engineering Services for both the preparation of a Preferred
Design Alternative, in response to the two previous Community Design Workshops, and
participation in an additional Community meeting.
Fiscal Impact/Cost Benefit Analysis:
This Supplemental Agreement to the original Professional Services Agreement is for $16,229, for
a revised contract total of $24,659. This project is funded by an $884,165 WSDOT Pedestrian £t
Bicycle Program grant.
Recommendation:
The Board is asked to execute the three (3) originals of the Supplemental Agreement with SCJ
Alliance, and return (2) signed originals to Public Works (attn. Eric Kuzma).
Department Contact:
Eric Kuzma, (360) 385-9167
Reviewed By:
ILPhilipMorleyi_C unty Administrator
E 31
Date
CONTRACT REVIEW FORM
CONTRACT WITH: SCJ Alliance
Contractor/Consultant)
CONTRACT FOR: Contract Supplement for: Civil Engineering Services TERM: 12/31/17
COUNTY DEPARTMENT: Public Works
For More Information Contact: Eric Kuzma
Contact Phone #: (360) 385-9167
RETURN TO: Tina RIETURN BY: 6/19/17
Person in Department) (D;
AMOUNT: $16,229.00 PROCESS: Exempt from Bid Process
X Consultant Selection Process
Revenue: 33403.61 Cooperative Purchase
Expenditure: 180.000.010.59500.41 Competitive Sealed Bid
Matching Funds Required: No Small Works Roster
Sources(s) of Matching Funds N/A Vendor List Bid
RFP or RFQ
Other
Step 1: REVIEW BY RfS ENT
Review by: r /,,7- Philip Mor
Date Reviewed:
APPROVED FORM F --j Returned for revision (See Comments)
Comments
Step 2: REVIEW BY PR
Review by:
Date Reviewed:
yT,
J( APPROVED AS TO FORM
Comments
G ATTORNEY
C
Returned for revision (See Comments)
Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 7copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.)
Hunsucker I
H:\(B) Projects\Quilcene Complete Streets\Project Management\Consultants\Civil Engineer\SCJ Alliance\Contract\Supplement\Supplemental Agreement - Contract
Review Form.docx rev. 6/10/2013
do-Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba's):
Shea, Carr&Jewell, Inc.
Address Federal Aid Number
8730 Tallon Lane NE, Suite 200 N/A
UBI Number Federal TIN or SSN Number
20-483/1111
Execution Date Completion Date
12/31/19
1099 Form Required Federal Participation
Yes Q No Yes 0 No
Project Title
Quilcene Complete Streets PS&E
Description of Work
Prepare plans, specifications and engineer's estimate and bid documents for complete streets improvements
along US 101 in Quilcene, WA. Improvements include curb/gutter, sidewalks, pedestrian refuges, actuated
pedestrian crossings, channelization and signing, stormwater, and lighting.
Yes Q No DBE Participation Maximum Amount Payable: $111,838
Yes No MBE Participation
Yes No WBE Participation
Yes Q No SBE Participation
Index of Exhibits
Exhibit A Scope of Work
Exhibit B DBE Participation/SBE Plan
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub-consultant Cost Computations
Exhibit F Title VI Assurances
Exhibit G Certification Documents
Exhibit H Liability Insurance Increase
Exhibit I Alleged Consultant Design Error Procedures
Exhibit J Consultant Claim Procedures
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 14
Revised 11/01/2017
THIS AGREEMENT, made and entered into as shown in the "Execution Date"box on page one (1) of this
AGREEMENT,between the Jefferson County
hereinafter called the"AGENCY,"and the "Firm/Organization Name"referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in"Description of Work"on page one (1)
of this AGREEMENT and hereafter called the"SERVICES;" and does not have sufficient sta f to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS,the CONSULTANT represents that they comply 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 SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
Ill. 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 State, Federal, 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 SERVICES in sufficient
detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 14
Revised 11/01/2017
0
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30%of the total amount of this AGREEMENT.
In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is
established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is
voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms involved with this
AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE
Participation.Non-minority,woman owned DBEs does not count towards UDBE goal attainment.
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 —
Preparation and Delivery of Electronic Engineering and other Data."
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
these SERVICES, 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 SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail,return receipt requested, or(ii)by email or facsimile, to the address set forth below:
If to AGENCY:If to CONSULTANT:
Name: Eric Kuzma Name: Scott Sawyer
Agency: Jefferson County Agency: SCJ Alliance
Address: 623 Sheridan Street Address: 8730 Tallon Lane NE, Suite 200
City: Port Townsend State: WA Zip: 98368 City: Lacey State: WA Zip: 98516
Email: ekuzma@co.jefferson.wa.us Email: scott.sawyer@scjalliance.com
Phone: 360.385.9167 Phone: 360-352-1465
Facsimile: 360.385.9234 Facsimile: N/A
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 conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled"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, 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.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 14
Revised 11/01/2017
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The
CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,
and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated rates
shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment,
to 180 days following the CONSULTANT's fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject t
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date)upon written request of the CONSULTANT or the AGENCY. The written request must be
made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written
request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E" will
remain in effect for the twelve (12)month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to
determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month
period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the
parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to
aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the
CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and classifications
that will applicable for the twelve (12) month period.
The fixed fee as identified in Exhibits "D" and"E" shall represent a value to be applied throughout the life of the
AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the
close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate
under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates
will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional
indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the
updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or
conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved
indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or
extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written
acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components of the
hourly rates, i.e., direct (raw) labor, indirect cost rate, and fixed fee (profit) percentage. The CONSULTANT
shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fixed fee.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14
Revised 11/01/2017
B. 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 fees of sub-consultants. Air or train travel will be reimbursed only to lowest
price available,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
WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and all revisions thereto.
Air, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR)
Part 31.205-46 "Travel Costs."The billing for Direct Non-salary Costs shall include an itemized listing of the
charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting
documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon
request. All above charges must be necessary for the SERVICES provided under this AGREEMENT.
C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this
AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The
Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work."
No minimum amount payable is guaranteed under this AGREEMENT.
D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A
and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates
established in Exhibit"D,"including names and classifications of all employees, and billings for all direct non
salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's 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 SERVICES at the time of the
interview.
E. 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 SERVICES 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 th
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 s
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar 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. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures,"the
CONSULTANT has twenty(20)working days after receipt of the final Post Audit to begin the appeal process to
the AGENCY for audit findings
F. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by
representatives of the AGENCY and the United States, for a period of six (6)years after receipt of fina 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 AGREEMENT is initiated before the expiration of the six (6)year period,the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor,WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 5 of 14
Revised 11/01/2017
VI. Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be
memorialized in a final written acknowledgement between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
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 this 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 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 this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees,without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 6 of 14
Revised 11/01/2017
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964 Civil Rights Restoration Act of 1987
42 U.S.C. Chapter 21 Subchapter V § 2000d Public Law 100-259)
through 2000d-4a) American with Disabilities Act of 1990
Federal-aid Highway Act of 1973 42 U.S.C. Chapter 126 § 12101 et. seq.)
23 U.S.C. Chapter 3 § 324) 23 CFR Part 200
Rehabilitation Act of 1973 49 CFR Part 21
29 U.S.C. Chapter 16 Subchapter V § 794)
49 CFR Part 26
Age Discrimination Act of 1975 RCW 49.60.180
42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" 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 with or without cause 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 for actual hours charged at the time of
termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES 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 in paragraph two (2) of this
section, 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.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
date of termination,whether that SERVICE 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 SERVICES required and the time
which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
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 in paragraph two (2) of this section.
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 its employee's fault 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.
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The CONSULTANT shall,within 15 days,notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as
set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES 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 SERVICES 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 completed work of this AGREEMENT as
necessary to correct errors appearing therein,without additional compensation thereof. Should the AGENCY
find i desirable for its own purposes to have previously satisfactorily completed SERVICES 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 XIII "Extra Work."
Xl. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days 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 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". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this 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 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.
XII. Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
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to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY,their
agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of(a) the CONSULTANT or the CONSULTANT's agents, employees,
sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and(b) the STATE and/or AGENCY, their agents, officers, employees,sub-consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods,processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY,their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets,patents,proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY's, their agents', officers and employees'failure to comply with
specific written instructions regarding use provided to STATE and/or AGENCY,their agents, officers and
employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may, in its sole
discretion,by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance la ,Title 51
RCW. This waiver has been mutually negotiated by the Parties.
Unless otherwise specified in this 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 this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
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Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any"Auto" (Symbol 1)used in an amount not less than a one million dollar($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured(the "AIs"),with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this 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:
Name: Eric Kuzma
Agency: Jefferson County
Address: 623 Sheridan Street
City: Port Townsend State: WA Zip: 98368
Email: ekuzma@co.jefferson.wa.us
Phone: 360.385.9167
Facsimile: 360.385.9234
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, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater,unless the limit of liability
is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to
third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third part ,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V"Payment Provisions"until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
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XIII. Extra Work
A. The AGENCY may at any time,by written order, make changes within the general scope of this 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 SERVICES under this AGREEMENT,whether or not changed by the order, or otherwise
affects any other terms and conditions of this 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 this 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 fina
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "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 supplemen
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certificatio of the Consultant and the Agency
Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY,Exhibit
G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered
Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements"prior to its performance of any SERVICES under this AGREEMENT.
XVII. 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 a supplement
to this AGREEMENT.
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XVIII. 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 AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidentia Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The "State's Confidential Information"includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, STATE
and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these
types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest
confidence and not to make use of the State s Confidential Information for any purpose other than the performance
of this AGREEMENT,to release it only to authorized employees, sub-consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge,publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information
Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or(ii)returned all of the State's Confidential Information to the AGENCY; or(iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received,maintained and used the State s Confidential
Information; and the final disposition of the State s Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected,used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing,or
investigating may include,but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and sha
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
Agreement Number:
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The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant t
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
iii) is independently developed by or for the other party; (iv) is publicly known; or(v)is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and
or confidential or otherwise exempt,unless such disclosure is required under applicable state or federal la . If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" o
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure,the
AGENCY will release the requested information on the date specified
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants'information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep,retain and maintain all
documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced,the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents"means every writing or record of every type and description,
including electronically stored information("ESI"),that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENTs, appraisals,
plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records,
telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,work sheets, charts, notes, drafts,
scribblings, recordings,visual displays,photographs, minutes of meetings, tabulations, computations, summaries,
inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other
taped, recorded, written,printed or typed matters of any kind or description; every copy of the foregoing whether
or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the
foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any
commentary or notation whatsoever that does not appear on the original.
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For purposes of this AGREEMENT, "ESI"means any and all computer data or electronic recorded media of any
kind, including"Native Files",that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook,Word, Excel,Access, Publisher, PowerPoint,Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks,work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home.
Native files"are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and/or modified
The CONSULTANT shall include this section XX"Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
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.
iti''''
72....-Z1/...0-1.---c-4,..._ , 46 13 -)O11-'
Signature N01 S;,q/Afttin Date
c—o .6E7 July 10, 2018
Signature
VV
Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Agreement Number:
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Exhibit A
Scope of Work
Project No.
See attached.
Agreement Number:
Exhibit A-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1
Revised 11/01/2017
EXHIBIT A-2
SCOPE OF WORK
QUILCENE COMPLETE STREETS
QUILCENE, WA
Prepared for: Eric Kuzma, Project Manager
Jefferson County
Prepared By: Scott Sawyer, PE, Principal/Project Manager
Date prepared:July 10, 2018
Overview
This scope of work includes participation in a third and final charrette with the County, and
preparation of final engineering design plans, specifications, and estimates (PS&E) for the
Quilcene Complete Streets, Phase 1 improvements along US Highway 101 in Quilcene, WA (see
attached).The approximate limits of the project are from the Quilcene School to the Community
Center(MP 294.6 to 295.0).The goal is to create a non-motorized compatible streetscape,within
available project budget, to lower vehicle speeds, address safety concerns, establish a sense of
place, and spur economic development. Improvements may include:
Sidewalks and bike lanes
Medians/pedestrian refuge areas
Pedestrian activated signals at crosswalks
Traffic signs and beacons
Pedestrian lighting
Transit stops and bike racks
Landscaping and street furniture
Curb and gutter
Stormwater Improvements
Raised table school frontage
SCJ previously contracted with Jefferson County (County) to assist in two community charrettes
and provide cost estimates for the preliminary designs presented at each charrette.
The work will consist of the following phases:
1. Final Design Scoping
2. Project Managementg
3. Charrette Support
4. Geotechnical Study(by Landau)
Quilcene Complete Streets July 10, 2018
Jefferson County Page 1
SCJ Alliance
Exhibit A-2 -Scope of Work
S. Preliminary design
6. Agency coordination
7. Final design
8. Bidding Assistance
9. Construction Management(optional)
10. Quilcene Complete Streets Phase 2 Design (optional)
Assumptions
1. The project is funded by the WSDOT Pedestrian and Bicycle Program.The State funds will
be administered by WSDOT Local Programs, but Federal Aid requirements do not apply
including NEPA),since the grant program is State funding.
2. Together with the County hold the final charrette stage of the project. SCJ is providing
support as directed by the County to the limits of the budget assumed.
3. The County has previously provided topographic survey(including a digital terrain model
compatible with AutoCAD Civil 3D)and rights of way mapping.
4. SEPA documentation will not be required. It is assumed the project is exempt according
to WAC 197-11-800 Section 2(d) and 23(b).
5. An archaeological resource inventory report will not be required.The County will fill out
the forms for the Department of Archaeology and Historic Preservation (DAHP) to verify
no additional reporting is required.The County will send the DAHP determination to the
interested Tribes.
6. Right of way is not required.The County will secure any temporary rights for construction.
7. Management Reserve Fund will be used only upon County authorization.
Phase 1 Final Design Scoping
Task 1 Final Design Scoping
1) Final Design Scoping: Prepare scope and budget.
Phase 1 Understanding
None.
Phase 1 Deliverables
Scope and budget submitted via email in PDF format.
Phase 2 Project Management
This phase includes tasks to plan, manage, and administer the work; attend County project
meetings; and provide quality assurance/quality control.
Quilcene Complete Streets July 10, 2018
Jefferson County Page 2
SC]Alliance
Exhibit A-2 -Scope of Work
Task 1 Project Management
1) Management: Manage the project by directing and supervising staff and reviewing work
for the duration of the project. This management is for the overall work rather than
specific tasks.
2) Schedule and Budget: Develop a critical path project schedule to match the scope of
work. Review and update the schedule on a monthly basis. Monitor earned value and
actual costs on a bi-weekly basis. Provide monthly billing statements to the County
including overall budget and schedule confirmation and review for each progress billing
period.
3) Bi-weekly Progress Reports: Prepare and submit a bi-weekly(every two weeks) progress
report. Bi-weekly progress reports will show: (1) work performed last week, (2) work
planned this week, (3)schedule and budget status(including a 3-line earned value chart),
4) a summary of scope changes/added value, and (5) items needed from the County
and/or others.
4) Progress Billings: Prepare a monthly progress bill. Bills will show staff hours for each
phase (i.e., Phase 1: Project Management).
Task 2 Project Meetings
1) Project Status Meetings: Attend up to three meetings in Port Townsend to discuss the
status of the project,present draft materials in progress,and coordinate with County staff.
Meetings will be attended by the Consultant project manager.
Task 3 Quality Assurance/Quality Control
1) Quality Control: Provide senior level review of task deliverables before submittals.
2) Quality Assurance: Audit quality check activities and documentation on a periodic basis.
Phase 2 Understanding
Project management will be provided over an 8-month time frame and the estimated
number of meetings and project coordination is reflected in the budget.
Progress billings will be submitted monthly to the County.
Phase 2 Deliverables
Bi-weekly Progress Report submitted via email in PDF format.
Progress billings submitted monthly submitted via US Mail.
MS Project schedule updates submitted via email in PDF format.
Minutes for meetings submitted via e-mail in PDF format.
Phase 3 Charrette Support
This phase is for additional support beyond the support scoped and budgeted in the original
contract.
Quilcene Complete Streets July 10, 2018
Jefferson County Page 3
SCJ Alliance
Exhibit A-2 -Scope of Work
Task 1 Charrette Support
1) Community Charrettes: Together with County hold a third community design charrette
and provide input and technical resources.
2) Concept Design Cost Estimating: Prepare refinements to concept design and prepare
concept-level project cost estimates as directed by the County.
Phase 3 Understanding
Support for Task 1 will be as directed by the County,and the support is limited to budgets
provided herewith.
Phase 3 Deliverables
Concept layouts submitted via email in PDF format.
Concept-level project cost estimates submitted via email in PDF and MS Excel format.
Autoturn Analysis at each affected intersection and crosswalk refuge location.
Phase 4 Geotechnical Study (Landau)
Task 1 Geotechnical Study
1) Exploration: Review readily available published geologic maps and geotechnical reports
for the project area. Coordinate the clearance of underground utilities at our proposed
exploration areas. Mark exploration locations in the field and contact the Washington
Utilities Coordinating Council's "One Call" locating service. Explore subsurface soil and
groundwater conditions by advancing four borings. The borings will be advanced to 20
feet (ft) below ground surface (bgs) in areas of the highway shoulder that are without
overhead power. Borings will be advanced in grass or gravel areas that do not require
pavement patching. Monitor the borings, collect representative soil samples, and
maintain detailed logs of the conditions observed. Subcontract the driller and arrange
appropriate traffic control measures and plans.
2) Testing: Perform laboratory testing on selected samples obtained from the explorations.
We anticipate our laboratory testing program will include 10 grain size distribution
analyses, 10 moisture content determinations, and five hydrometers.
3) Report: Provide recommendations for earthwork and grading, including stripping depth,
subgrade preparation, utility trench excavation, construction dewatering, the reuse of
onsite materials and structural fill, and structural fill placement and compaction. Provide
recommendations for onsite infiltration of stormwater in general accordance with the
Department of Ecology,2014 Stormwater Management Manual for Western Washington
SMMWW). We will provide infiltration rates in accordance with grain size correlations.
Installation of monitoring wells and recording wintertime groundwater levels are
excluded. Provide design recommendations for light pole foundations using WSDOT
standard plans for steel light standard foundation types A and B. Prepare a geotechnical
engineering report that presents conclusions and recommendations along with
supporting data.
Quilcene Complete Streets July 10, 2018
Jefferson County Page 4
SCJ Alliance
Exhibit A-2 -Scope of Work
Phase 4 Understanding
General right-of-way(ROW) permits will be provided by WSDOT at no cost.Obtaining the
permit may take 4 weeks to a few months.
The exploration program will take 1 day to complete—allowable working hours are 8 AM
to 5 PM.
The planned explorations do not include an environmental site assessment, and the site
is assumed to be "clean,"with no hazardous or contaminated materials.
Traffic control services will be limited to warning signs,cones,and shoulder closure work.
Flagging costs are excluded.
Field infiltration tests(e.g.,pilot infiltration tests)are excluded.
Retaining walls are not anticipated.
Phase 4 Deliverables
Draft and final geotechnical technical memorandum submitted via email in PDF format.
Phase 5 Preliminary Design
Task 1 Preliminary Design
1) Roadway Layout: Prepare horizontal and vertical layout for the roadway, sidewalk, bike
lane, and landscape buffers based on the Phase 1 concept design.
2) Stormwater: Layout the collection/conveyance system. Prepare a basin analysis and
quantify the amount of runoff. Identify and site water quality treatment and flow control
facilities. Prepare a technical memorandum documenting the stormwater design for the
project.
3) Utility Coordination: Identify utilities requiring relocation and notify the County. Prepare
a brief technical memorandum documenting potential conflicts. Coordinate with utility
providers for relocations prior to or during construction.
4) Plan for Approval: Prepare a Plan for Approval (PFA)for channelization for highway 101,
from mile post 294.6 to 294.8. The PFA will be prepared in accordance with WSDOT
Olympic Region Plan for Approval Checklist.
5) Rectangular Rapid Flashing Beacons and Radar Speed Signs: Site two solar powered
Rectangular Rapid Flashing Beacons (RRFB's) and two Radar Speed signs along Highway
101.
6) Preliminary Plans: Prepare the following plan sheets:
Cover Sheet(1 sheet)
Horizontal Alignment Plan (1 sheet)
Roadway Sections (1 sheet)
Removal Plans(2 sheets @ 30 scale)
Roadway and Drainage Plan and Profiles(2 sheets @ 30 scale)
Channelization and Signing(2 plan sheets @ 30 scale and 1 detail sheet)
Illumination Plan (1 sheets @ 30 scale)
Raised Table School Frontage (1 sheet)
Quilcene Complete Streets July 10, 2018
Jefferson County Page 5
SO Alliance
Exhibit A-2 -Scope of Work
7) Preliminary Cost Estimate: Prepare a preliminary project cost estimates for the proposed
improvements to compare to available funding.
8) Basis of Design Technical Memorandum: Prepare a technical memorandum to document
the basis for design and major design decisions.
Phase 5 Understanding
Stormwater design will be based on the Department of Ecology, 2014 Stormwater
Management Manual for Western Washington (SMMWW).
Phase 5 Deliverables
Stormwater Technical Memorandum submitted via email in PDF format.
Utility Conflict Technical Memorandum submitted to County via email in PDF format.
Plan for Approval submitted to WSDOT(hard copy size and numbers in accordance with
the Plan for Approval Checklist).
Preliminary Plans submitted to County via email and Bluebeam Studio in PDF format.
Preliminary Project Cost Estimate submitted to County via email and Bluebeam Studio in
PDF format.
Basis of Design Technical Memorandum submitted to County via email in PDF format.
Phase 6 Agency Coordination
Task 1 WSDOT Review
1) 1st PFA Submittal: Submit the Plan for Approval (PFA) to WSDOT for review and attend
one comment disposition meeting.
2) 2nd PFA/Pre-Mylar Submittal: Revise PFA,respond to WSDOT comments in matrix format,
and submit Pre-Mylar PFA to WSDOT for review.
3) 3rd PFA/Mylar Submittal: Make final revisions to PFA per WSDOT comments and submit
Mylar PFA to WSDOT for approval.
4) 1st FPS Review: Submit 90% plans, special provisions, and estimate (Full Package
Submittal)to WSDOT Highway and Local Programs and WSDOT Development Services for
review and attend one comment disposition meeting.
5) Final FPS Review: Submit final plans, special provisions, and estimate (Full Package
Submittal)to WSDOT Highway and Local Programs and WSDOT Development Services for
review and attend one comment disposition meeting.
6) Coordination: Attend up to three additional meetings with WSDOT to process approvals.
Document action items/decisions from each meeting.
Phase 6 Understanding
Budgets for preparation of the Plan for Approval, 90% Full Package Submittal, and Final
Full Package Submittal are included in Phases 5 and 7.
Quilcene Complete Streets July 10, 2018
Jefferson County Page 6
SCJ Alliance
Exhibit A-2 -Scope of Work
Phase 6 Deliverables
None: Deliverables to WSDOT Local Programs, WSDOT Development Services, and
Jefferson County are accounted for in Phases 5 and 7.
Phase 7 Final Design
Task 1 Final Design
1) Utility Conflicts: Identify utilities requiring relocation and notify the COUNTY. Prepare a
brief technical memorandum documenting potential conflicts.
2) Roadway Layout: Finalize horizontal and vertical alignment of roadway per comments
received during Phase 5. Provide detailed grading of access ramps and the raised table
school frontage.Create a proposed surface model to calculate earth work and determine
cut/fill limits.
3) Stormwater: Finalize collection, conveyance,flow control, and treatment design.
4) Flashing Beacons: Coordinate with vendors on the final design,siting, and specifications.
5) Basis for Design Technical Memorandum: Update the technical memorandum to
document the basis for design and major design decisions.
Task 2 PS&E Documents
1) Prepare the following 90%plans:
Cover Sheet(1 sheet)
Summary of Quantities(1 sheet)
Horizontal Alignment Plan (1 sheet)
Roadway Sections(1 sheet)
Removal Plans(2 sheets @ 30 scale)
Temporary Erosion and Sediment Control (2 sheets @ 30 scale)
Roadway and Drainage Plan and Profiles(2 sheets @ 30 scale)
Access Ramp Grading and Raised Table School Frontage (2 sheets @ 20 scale)
Paving Plans(2 sheets @ 30 scale)
Channelization and Signing(2 plan sheets @ 30 scale and 1 detail sheet)
Sign Specification Sheet(1 sheet)
Illumination Plans(1 sheet @ 30 scale and 1 detail sheet)
Traffic Control Plans(3 sheets @ 50 scale)
2) 90% Engineer's Estimate: Develop quantities based on the 90% plans. Assign unit costs
for quantified item and assign lump sum costs to other items based on professional
judgment. Develop a 90%construction cost estimate that includes a 10%contingency
3) 90% Contract Documents: Write specifications for all non-standard items. Compile the
WSDOT current Amendments, General Provisions, and the special provisions (Divisions 1
thru 9) into one Project Manual document.
Quilcene Complete Streets July 10, 2018
Jefferson County Page 7
SCJ Alliance
Exhibit A-2 -Scope of Work
4) Final Comment Resolution: Respond to 90% review comments in Bluebeam Studio.
Attend one meeting with the County to resolve comments from the 90%review.
5) Final Plans: Update the plans per the 90% review comments.
6) Final Engineer's Estimate: Update the quantities to reflect the plan updates.Prepare Unit
Price Worksheet including item descriptions, unit, quantity, and cost. Update the
engineer's estimate with revised quantities. Provide Microsoft Excel version in County
format.
7) Final Contract Documents: Assemble the General Provisions,Special Provisions,and Unit
Price Worksheet into one Project Manual document. Provide in Microsoft Word format.
8) Back-up Quantity Calculations:Provide back-up quantity calculations for all calculated bid
items.
Phase 7 Understanding
The RRFB's and Radar Speed signs will be shown on the Channelization and Signing Plans.
The County will provide front end bidding documents for the Project Manual.
Disturbed areas will be restored with sod and/or seeding with no permanent irrigation.
Specifications will require the contractor to water and establish the sod and/or seeding
areas.
Phase 7 Deliverables
90% PS&E submitted to WSDOT Local Programs on 11x17 paper (2 copies), WSDOT
Development Services on 11x17 paper (10 copies) and to the County via email and
Bluebeam Studio in PDF format.
Final PS&E submitted to WSDOT Local Programs on 11x17 paper (2 copies), WSDOT
Development Services on 11x17 paper (10 copies) and to the County via email in PDF
format.
Approved PS&E submitted via email in PDF format.
AutoCAD base files for the design described above.
Specifications in MS Word format and estimate in MS Excel format.
Bid item back-up quantity calculations.
Phase 8 Bidding Services
Task 1 Bidding Services
1) Bidding Services: Support County staff during the bidding period as directed. For budget
purposes, 16 hours of support are assumed.
Quilcene Complete Streets July 10, 2018
Jefferson County Page 8
SC]Alliance
Exhibit A-2 -Scope of Work
Phase 9 Construction Management (optional)
Phase 10 Quilcene Complete Streets Phase 2 Design (optional)
END OF SCOPE OF SERVICE
N:\Projects\0726 Jefferson County\0726.02 Quilcene Complete Streets\Contract\Amendments\Amendment No. 2 - Phase 1
PS&E\2018-0613_q u i l ce n e_s co p e.d o cx
Quilcene Complete Streets July 10, 2018
Jefferson County Page 9
Exhibit B
DBE Participation/SBE Plan
In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
N/A
Agreement Number:
Exhibit B-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1
Revised 11/01/2017
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agenc . The format and standards to be provided may
include, but are not limited to, the following:
I. Surveying,Roadway Design &Plans Preparation Section
A. Survey Data
N/A
B. Roadway Design Files
AutoCAD and Civil 3D v2018
C. Computer Aided Drafting Files
AutoCAD and Civil 3D v2018
Agreement Number:
Exhibit C-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 4
Revised 11/01/2017
D. Specify the Agency's Right to Review Product with the Consultant
Jefferson County has the right to review product at the offices of SCJ Alliance at anytime with 48 hours
notice (business days).
E. Specify the Electronic Deliverables to Be Provided to the Agency
Deliverables will be submitted in PDF,Word, Excel and/or BlueBeam format as noted in the Scope of
Work (Attachment A).
F. Specify What Agency Furnished Services and Information Is to Be Provided
Jefferson County will provide information via email or FTP site for larger files.
Agreement Number:
Exhibit C-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 4
Revised 11/01/2017
II. Any Other Electronic Files to Be Provided
Bid Item Quantity Calculations
III. Methods to Electronically Exchange Data
Electronic files will be transmitted via email or FTP site.
Exhibit C-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 4gY
Revised 11/01/2017
A. Agency Software Suite
Microsoft Office
AutoCAD
BlueBeam
B. Electronic Messaging System
Outlook(Jefferson County) and Gmail (SCJ)
C. File Transfers Format
FTP site.
Exhibit C-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 4
Revised 11/01/2017
Exhibit D
Prime Consultant Cost Computations
See attached.
Agreement Number:
Exhibit D-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1
Revised 11/01/2017
Consultant Labor Hour Estimate-Exhibit D-2
SCI Alliance
Ave:".
client: Jefferson County SC. Ayre
Project: QUI iC.n,Complete Streets PS0E
lobe: 0726.03
File 4: 2018-0710_quilcene_fee.%Ism
Perry Scott Whitney Matt Meddle Jill Alissa
Sr Principal Project Senior Design Landscape Project IMP Cat
TotalTaskNo. Tusk DesrlipXinrt
Consultant
Pnncfpol
Engineer 1 Designer Engineer Architect I Coord!
IMP Ca[6 IMP Co[7 IMP Ca[8 EMP Cat 9
7D
Phase 01 Final Design Scoping
Task 01 Final Design Scoping
1 final Design Scoping 2.0 6.0 1.0 1 9.0
Subtotal Hours: 2.0 6.0 1.0 9.0
Total Phase Hours: 2.0 6.0 1.0 9.0
Total Phase Direct Labor 158.00 234.00 32.00 424.00
Phase 02 Project Management
Task 01 Project Management
1 Management 6.0 6.0 12.0
2 Schedule and Budget 60 6.0 12.0
3 Bi-weekly Progress Reports 8.0 8.0 16.0
4 Progress Billings 2.0 6.0 8.0
Subtotal Hours: 20.0 22.0 60 48.0
Task 02 Project Meetings
1 Project Meetings 12.0 12.0
Subtotal Hours: 12.0 12.0
Task 03 Quality Assurance/Quality Control
1 Quality Control 60 6.0
2 Quality Assurance 1.0 1.0
Subtotal Hours: 1.0 6.0 7.0
Total Hours All Tasks: 1.0 38.0 22.0 6.0 67.0
Total Direct Labor Estimate $109.00 $3,002.00 $990.00 192.00 4,293.DO
Phase03 Charette Support
Task 01 Charrette Support
1 Concept Design Cost Estimating 12.0 16.0 28.0
Subtotal Hours: 12.0 16.0 28.0
Total Hours All Tasks: 12.0 16.0 28.0
Total Direct Labor Estimate 948.00 624.00 1,572.00
Phase 04 Geotechnical Study(Landau)
Phase 05 Preliminary Design
Task 01 Preliminary Design
1 Roadway Layout 10 24.0 25.0
2 Stormwater 1.0 24.0 25.0
3 Utility Coordination 8.0 8.0
4 Plan for Approval 16.0 16.0
5 School Zone Flashing Beacons 8.0 8.0
6 Cover Sheet 20 2.0
7 Horizontal Alignment Plan 1.0 6.0 7.0
8 Roadway Sections 1.0 6.0 7.0
9 Removal Plans 6.0 60
10 Roadway Drainage Plan and Profiles 2.0 6.0 8.0
11 Channelization and Signing 20 8.0 10.0
12 Illumination Plan 4.0 4.0
13 Preliminary Cost Estimate 1.0 4.0 12.0 4.0 21.0
14 Basis of Design Technical Memorandum 1.0 12.0 13.0
Subtotal Hours: 4.0 30.0 1000 26.0 160.0
Total Phase Hours: 4.0 30.0 100.0 26.0 160.0
Total Phase Direct Labor: 316.00 $1,350.00 $3,900.00 5780.00 6,346.00
1 ore 7/10/2018
S
Consultant Labor Hour Estimate-Exhibit 0-2
SCJ Alliance
Client: Jefferson County
Project: Coi Complete Street::PS&F.
lob x: 0726.03
File x: 2018-0710_quilcene_fee.xlsm
Perry Scott Whitney Matt Meddle lilt Alissa
Task No. a,k Elescrl Goo
iS P 1
r
Pro( C S nfo 0es(gn - dscape Project EMP Cot
p
IConsultont -
pnal
Ervine_ 1 deep, En I EMP Cath EMP Cot 7 EMP Cat3 EMP Cot'9 Total
3 g r grocer A.h tech Cnan1l 10
Phase 06 Agency Coordination
Task 01 WSDOT Review
1 1st PFA Submittal 1.0 3.0 4.0
2 2nd PFA/Pre-Mylar Submittal 2.0 2.0
3 3rd PFA/Mylar Submittal 1.0 1.0
4 1st FPS Review 1.0 3.0 4.0
5 Final FPS Review 1.0 3.0 4.0
6 Coordination 2.0 4.0 6.0
Subtotal Hours: 5.0 16.0 21.0
Total Phase Hours: 5.0 16.0 21.0
Total Phase Direct Labor: 395.00 624.00 1,019.00
Phase 07 Final Design
Task 01 Final Design
1 Utility Conflicts 1.0 8.0 9.0
2 Roadway Layout 2.0 24.0 26.0
3 Stormwater 1.0 12.0 13.0
4 Flashing Beacons 4.0 4.0
5 Basis for Design Report 8.0 8A
Subtotal Hours: 40 12.0 44.0 60.0
Task 02 PS&E Documents
1 90%Plans
Cover Sheet 2.0 2.0
Summary of quantities 1.0 1.0
Horizontal Alignment Plan 1.0 2.0 3.0
Roadway Sections 4.0 8.0 12.0
Removal Plans 12.0 12.0
Temporary Erosion and Sediment Control 16.0 4.0 20.0
Roadway and Drainage Plan and Profile 16.0 20.0 36.0
Access Ramp Grading and Raised Table School Frontage 20.0 20.0
Paving Plans 4.0 12.0 16.0
Channelizanon and Signing 2.0 12.0 14.0
Sign Specification Sheet 2.0 8.0 100
Illumination Plans 8.0 8.0
Traffic Control Plans 8.0 12.0 20.0
2 90%Engineer's Estimate 1.0 4.0 16.0 8.0 4.0 33.0
3 90%Contract Documents 2.0 2.0 32.0 36.0
4 Final Comment Resolution 1.0 2.0 4.0 7.0
5 Final Plans 2.0 8.0 12.0 12.0 34.0
6 Final Engineer's Estimate 1.0 2.0 4.0 7.0
7 Final Contract Documents 2.0 2.0 8.0 2.0 14.0
Subtotal Hours: 9.0 52.0 164.0 74.0 6.0 305.0
Total Hours All Tasks: 13.0 64.0 208.0 74.0 6.0 365.0
Total Direct Labor Estimate 1.027.00 $2,880.00 $8,112.00 12,220.00 $20400 14,443.00
Phase O8 Bidding Services
Task 01 Bidding Services
1 Bidding Services 2.0 2.0 8.0 12.0
Subtotal Hours: 2.0 2.0 8.0 12.0
Total Phase Hours: 2.0 2.0 8.0 12.0
Total Phase Direct Labor: 158.00 $90.00 $312.00 560.00
Total Hours All Phases 1.0 76.0 118.0 354.0 100.0 6.0 7.0 662.0
Total Direct Labor Estimate All Phases $109.00 $6,004.00 05,310.00 $13,806.00 $3,000.00 $20400 $22400 28.657.00
2 or 2 7/10/2018
Consultant Fee Determination-Exhibit D-1
SC 3 ALLIANCE
SC1 Alliance
Client: Jefferson County
Project: Quflcene Complete Streets PS&E
Job#: 0726.03
File#: 2018-0710_quilcene_fee.xlsm
Consultant Fee Determination
DIRECT SALARY COST
Discipline Hours Rate Amount
Sr Principal Consultant 1.0 109.00 109
Principal 76.0 79.00 6,004
Project Engineer I 118.0 45.00 5,310
Senior Designer 354.0 39.00 13,806
Design Engineer 100.0 30.00 3,000
Landscape Architect I 6.0 34.00 204
Project Coord I 7.0 32.00 224
Subtotal: 662.0 Total Direct Salary Cost $28,657
OVERHEAD
Overhead Rate: 165.35% Direct Salary Cost: $28,657 Overhead Cost $47,384
FIXED FEE
Fixed Fee Rate: 32.00% Direct Salary Cost: $28,657 Fixed Fee Cost $9,170
TOTAL SALARY COST
Total Salary Cost $85,212
SUBCONSULTANTS(Yes or No) Yes
Phase 4 Geotechnical Study Landua 19,801
Subconsultant Fee 19,801
Subconsultant Markup: 0% 0
Total Subconsultants $19,801
REIMBURSABLES
Copies,Reproductions,el 1.0% of Total Salary Cost 852
Mileage:1,200 miles at $0.540 648
Total Expenses: $1,500
SUBTOTAL(SALARY,SUBCONSULTANTS AND EXPENSES)
Subtotal(Salary,Subconsultants and Expenses) 106,513
MANAGEMENT RESERVE FUND(MRF)
Management Reserve 5.0% of Subtotal 5,326
Total Estimated Budget: 111,838
7/10/2018 Page 1
1171
Washington State Transportation Building
tel/ Department of Transportation 310,Bopl4 300
e Park Avenue S.E.
Olympia,WA 98504-7300
360-705-7000
TTY:1-800-833-6388
www.wsdot.wa.gov
July 20, 2017
Shea, Carr, &Jewell, Inc. (dba SCJ Alliance)
8370 Tallon Lane NE, Suite 200
Lacey, WA 98516-6642
Subject: Acceptance FYE 2016 ICR—CPA Report
Dear Ms. Lisa Hicks:
We have accepted your firms FYE 2016 Indirect Cost Rate (ICR) of 165.35%based on
the "Independent CPA Report," prepared by CPA Consulting, Inc.. This rate will be
applicable for WSDOT Agreements and Local Agency Contracts in Washington only.
This rate may be subject to additional review if considered necessary by WSDOT. Your
ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.gov.
Regards;
ERIK K. JONSON
Manager, Consultant Services Office
EKJ:kms
Acceptance ICR CPA Report
Exhibit E
Sub-consultant Cost Computations
There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub-Contracting"of this AGREEMENT.
See attached.
Agreement Number:
Exhibit E-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1
Revised 11/01/2017
Exhibit E-1
Subconsultant Fee Determination-Summary Sheet
Mandatory when Subconsultants are utilized)
Project:Quilcene Complete Streets
Subconsultant: Landau Associates,Inc.
Direct Salary Cost(DSC):
Classification Hours X Rate Cost
Principal 5 X 77.40 387.00
Senior Project Engineer 50 X 38.46 1,923.00
Senior Staff EIT 30 X 32.00 960.00
Project Coordinator 7 X 31.25 218.75
Support Staff 2 X 24.04 48.08
CAD/GIS Technician 2 X 31.25 62.50
X 0.00 0.00
X 0.00 0.00
X 0.00 0.00
X 0.00 0.00
X 0.00 0.00
X 0.00 0.00
X 0.00 0.00
Total Direct Salary = 3,599.33
Overhead Cost @ 212.53%of Direct Labor Cost(c) = 7,649.66
Profit @ 32%of Direct labor Cost = 1,151.79
Total Direct Labor = 12,400.77
Reimbursables:
Mileage and Field Equip 400.00
Locates and Traffic Controls 850.00
Drilling 4,500.00
Laboratory Testing 1,650.00
Subconsultant Total 19,800.77
Prepared By: Calvin McCaughan Date: 6/10/2018
Exhibit E-2
Subconsultant Fee Determination-Summary Sheet
Specific Rates of Pay)
Fee Schedule
Subconsultant Landau Associates, Inc.
Hourly Rate
Overhead @ Profit @ %32
Rate Per
Discipline or Job Title o212.53 Hour
Principal 77.40 164.21 24.77 266.38
Senior Project Engineer 38.46 81.74 12.31 132.51
Senior Staff EIT 32.00 68.01 10.24 110.25
Project Coordinator 31.25 66.42 10.00 107.67
Support Staff 24.04 51.09 7.69 82.82
CAD/GIS Technician 31.25 66.42 10.00 107.67
DOT 140-089 EF Exhibit E-2 8/07
41116.
Park
111.
W Washington State Transportation Building
310 Ma
I/ Department of Transportation P.O.Boxi4 300
Avenue S.E.
Olympia,WA 98504-7300
360-705-7000
TTY: 1-800-833-6388
www.wsdot.wa.gov
November 13, 2017
Landau Associates, Inc.
130- 2nd Avenue South
Edmonds,WA 98020
Subject: Acceptance FYE 2017 ICR—CPA Report
Dear Mr. Dennis Hobbs:
We have accepted your firms FYE 2017 Indirect Cost Rate (ICR) of 212.53% based on
the "Independent CPA Report," prepared by T. Wayne Owens, CPA. This rate will be
applicable for WSDOT Agreements and Local Agency Contracts in Washington only.
This rate may be subject to additional review if considered necessary by WSDOT.Your
ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.gov.
Regards;
ERIK K. JONSON
Manager, Consultant Services Office
EKJ:kms
Acceptance ICR CPA Report
Exhibit F
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 this 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 this 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 CONSU TANT 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 the AGENCY, the
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, the 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 this AGREEMENT until the CONSULTANT
complies, and/or;
Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
5) in every subcontract, 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 STATE, the AGENCY, 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 enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States. Agreement Number:
Exhibit F-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1
Revised 11/01/2017
Exhibit G
Certification Document
Exhibit G-1(a) Certification of Consultan
Exhibit G-l(b) Certification of
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbyin
Exhibit G-4 Certificate of Current Cost or Pricing Dat
Agreement Number:
Exhibit G-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1
Revised 11/01/2017
Exhibit G-1(a) Certificatio of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
Shea, Carr& Jewell, Inc.
whose address is
8730 Tallon Lane NE, Suite 200,Lacey,WA 98516
and that neither the above firm nor I have
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 CONS TANT)
to solicit or secure this 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, o ganization or person (other than a bona fide employee working solei
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 furnished to the Washington 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.
Shea, Carr&Jewell, Inc.
Consultant(Firm Name)
4C-e3
July 10, 2018
Signature(Authorized Official of Consultant) Date
Agreement Number:
Exhibit G-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1
Revised 11/01/2017
Exhibit G-1(b) Certificatio of Jefferson County
I hereby certify that I am the:
El
Other
of the Jefferson County and
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; o
b) Pay, or agree to pay,to any firm, person, or o ganization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated(if any):
I acknowledge that this certificate is to be furnished to the Washington 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.
Signature Date
Agreement Number:
Exhibit G-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1
Revised 11/01/2017
Exhibit G-2 Certificatio 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 (3)year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of 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 anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receivin
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; an
D. Have not within a three (3) year period preceding this application/proposal had one or more public
transactions (Federal, State and 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.
Shea, Carr& Jewell, Inc.
Consultant(Firm Name)
July 10, 2018
Signature(Authorized Official of Consultant) Date
Agreement Number:
Exhibit G-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1
Revised 11/01/2017
Exhibit G-3 Certificatio Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies,by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or employee of any Federal age , a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connectio
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal age , a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with thi
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transactio
was made or entered into. Submission of this certification is a prerequisite for making or entering int
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than$100,000.00
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub-contracts,which exceed$100,000
and that all such sub-recipients shall certify and disclose accordingly.
Shea, Can&Jewell,Inc.
Consultant(Firm Name)
gL July 10, 2018
Signature(Authorized Official of Consultant) Date
Agreement Number:
Exhibit G-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1
Revised 11/01/2017
Exhibit G-4 Certificat of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data(as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of are accurate, complete, and current
as of
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm:
Signature Title
Date of Execution***:
Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.)
Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached.
Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number:
Exhibit G-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1
Revised 11/01/2017
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $N/A
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of$N/A
Such insurance coverage shall be evidenced by one of the following methods:
Certificate of Insurance
Self-insurance through an irrevocable Letter of Credit from a qualified financial institutio
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
1 million per occurrence or the value of the contract, whichever is greater,then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $N/A
Include all costs, fee increase, premiums.
This cost shall not be billed against an FHWA funded project.
For final contracts, include this exhibit
N/A
Agreement Number:
Exhibit H-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Page 1 of 1
Agreement Revised 11/01/2017
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s)is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for th Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager,who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs,records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel(including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed regarding the consultant's alleged design
error(s),there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number:
Exhibit I-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 2
Revised 11/01/2017
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessar , LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflec the agreed upon resolution. LP, in consultation with FHWA,will identify the amount
of federal participation in the agreed upon resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
Exhibit 1-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 2
Revised 11/01/2017
Exhibit J
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 clai
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 wit
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 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 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.
If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures.
Agreement Number:
Exhibit J-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 2
Revised 11/01/2017
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 clai
Any correspondence that directed the consultant to perform the additional work;
Agency's summary of direct labor dollars, overhead costs,profit and reimbursable costs associate
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 Public 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 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
Agreement Number:
Exhibit J-Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 2
Revised 11/01/2017
Department of Public Works
0 Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: fps Monte Reinders, Public Works Director / County Enginee
Agenda Date: August 13, 2018
Subject: Civil Engineer Professional Services Agreement for Quilcene Complete
Streets Project
Statement of Issue:
Professional Services Agreement with SCJ Alliance of Lacey, WA, for Civil Engineer Professional
Services for the Quilcene Complete Streets Project.
Analysis/Strategic Goals/Pro's Et Con's:
This project is included in both Jefferson County's officially adopted 2018- 2023 Transportation
Improvement Program (TIP) and the 2018 Annual Construction Program as Item No. 3. This
project is funded through the WSDOT Pedestrian Et Bicycle program whose objective is to
improve the transportation system so as to enhance safety and mobility for people who choose
to walk or bike.
This agreement will provide Civil Engineer Professional Services by SCJ Alliance to prepare the
project plans, specifications, estimate and provide bidding support. The required engineering
services for this project consist of: signage, pedestrian crosswalks and refuges, accessible
landings, curbs, sidewalks, bicycle lanes, stormwater design, school frontage improvements, and
WSDOT coordination.
Fiscal Impact/Cost Benefit Analysis:
This Professional Services Agreement, for Civil Engineering services, is for $111,838.
This project is funded by an $884,165 WSDOT Pedestrian Et Bicycle Program grant.
Recommendation:
The Board is asked to execute the three (3) originals of the Professional Services Agreement with
SCJ Alliance, and return (2) signed originals to Public Works (attn. Eric Kuzma).
Department Contact:
Eric Kuzma, Engineering Services Manager/Asst./ Public Works Director, (360) 385-9167
Revie - • r,y:
IIS' S7h/(5Y
P il'• V orley, Co my dminis Date
CONTRACT REVIEW FORM
CONTRACT WITH: Shea, Carr& Jewell, Inc. (dba, SCJ Alliance)
Contractor/Consultant)
CONTRACT FOR: Engineering Services TERM:N/A
COUNTY DEPARTMENT: Public Works 0171., r
For More Information Contact: Eric Kuzma
018ContactPhone #: 360)385.9167 ti
4ii
RETURN TO: Chris RETURN BY: 8/1
Person in Department) t-...
AMOUNT: $111,838 PROCESS:Exempt from Bid Process
x Consultant Selection Process
Revenue: 33403.61 Cooperative Purchase
Expenditure: 180.000.010.59500.41 Competitive Sealed Bid
Matching Funds Required: No Small Works Roster
Sources(s) of Matching Funds N/A Vendor List Bid
RFP or RFQ
Other
Step 1:REVIEW BY RI M T
Review by: s-(e/g Philip Morley
di ate Reviewed:
APPROVED FORT Returnee for revision(See Comments)
Comments ems ,r/
01151211,
Step 2:REVIEW BY PROSECUTING ATTORNEY
Review by: Philip Hunsucker
Date Reviewed:
U
APPROVED AS TO FORM eturned Xorrevision(See Comments)
Comments Pre-Approved Contract
Step 3: (If required)DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 7copies of Contract,Review Form,and Agenda Bill to BOCC Office.
Place"Sign Here"markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda.
This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.)
Client#:116497 SHEACARR
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/VVVV)
7/09/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER COME:NTACT Debbie WinstonNA
Propel Insurance PHONE800 499-0933 FAX
A/C,No,Ext): A/C,No): 866 577-1326
Tacoma Commercial Insurance ADDRIEss: debbie.winston@propelinsurance.com
1201 Pacific Ave,Suite 1000 INSURER(S)AFFORDING COVERAGE NAIC#
Tacoma,WA 98402
INSURER A:Continental Casualty Company 20443
INSURED INSURER B:American Casualty Co of Reading PA 20427
Shea,Carr&Jewell Inc dba SCJ Alliance
INSURER C:
8730 Tallon Lane NE,Suite 200
INSURER D:
Lacey,WA 98516 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/VYY((MM/DD/YYYV) LIMITS
A X,,.COMMERCIAL GENERAL LIABILITY X X 2090667295 06/15/2018 06/15/2019 EACH OCCURRENCE 2,000,000
CLAIMS-MADE X OCCUR
PREMISESO(
Eaoccu once) $300,000
MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
PRO
PRODUCTS-COMP/OPAGG $4,000,000POLICYXJECTLOC
B OTO
IL
X X 4012152794 06/15/2018 06/15/2019 COMBINED SINGLE LIMIT 1 000AUTOMOBILELIABILITY 000Eaaccident)
X' ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY(Per accident) $
HIRED NON-OWNED PROPERTY DAMAGE
X AUTOS ONLY X , AUTOS ONLY Per accident)
A ! x UMBRELLA LIAB X OCCUR X X 4016829451 06/15/2018 06/15/2019 EACH OCCURRENCE 3,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 3,000,000 _-
DED I 1 RETENTION$
A WORKERS COMPENSATION 209066729506/15/2018 06/15/2019 PER X rOTTH-
AND EMPLOYERS'LIABILITY
STATUTE II
ANY PROPRIETOR/PARTNER/
EXECUTIVEiY/
N
WA Stop Gap I E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? 1 N N/A
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
It yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000
A Professional AEH591920345 06/17/2018 06/17/2019 Aggregate:$2,000,000
Liability Occurrence:$2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE:SCJ Project Number 0726.03-Quilcene Complete Streets PS&E.
Additional Insured Status applies per attached form(s). Primary and Non-Contributory coverage applies per
attached form(s). Waiver of Subrogation applies per attached form(s).
CERTIFICATE HOLDER CANCELLATION
Jefferson
CountySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Erik Kuzma,Public Works ACCORDANCE WITH THE POLICY PROVISIONS.
623 Sheridan Street
Port Townsend,WA 98368 AUTHORIZED REPRESENTATIVE
ft 4.—
1988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD
S3275253/M3239914 CLJO2
SB146932F
CNA Ed.6-16)
BLANKET ADDITIONAL INSURED
AND
LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
TABLE OF CONTENTS
I. Blanket Additional Insured Provisions
A. Additional Insured—Blanket Vendors
B. Miscellaneous Additional Insureds
C. Additional Provisions Pertinent to Additional Insured Coverage
1. Primary—Noncontributory provision
2. Definition of"written contract."
II. Liability Extension Coverages
A. Bodily Injury—Expanded Definition
B. Broad Knowledge of Occurrence
C. Estates, Legal Representatives and Spouses
D. Legal Liability—Damage to Premises
E. Personal and Advertising Injury—Discrimination or Humiliation
F. Personal and Advertising Injury Broadened Eviction
G. Waiver of Subrogation-Blanket
I. BLANKET ADDITIONAL INSURED PROVISIONS
A. ADDITIONAL INSURED—BLANKET VENDORS
Who Is An Insured is amended to include as an additional insured any person or organization (referred to below
as vendor)with whom you agreed under a"written contract"to provide insurance, but only with respect to"bodily
injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the
vendor's business, subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a. "Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages
that the vendor would have in the absence of the contract or agreement;
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionally by the vendor;
d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
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e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make
or normally undertakes to make in the usual course of business,in connection with the distribution or sale
of the products;
f. Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product;
g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container,
part or ingredient of any other thing or substance by or for the vendor;or
h. "Bodily injury"or"property damage" arising out of the sole negligence of the vendor for its own acts or
omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not
apply to:
1) The exceptions contained in Subparagraphs d.or f.;or
2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally
undertakes to make in the usual course of business, in connection with the distribution or sale of the
products.
2. This insurance does not apply to any insured person or organization, from whom you have acquired such
products, or any ingredient, part or container,entering into, accompanying or containing such products.
3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and
made a part of this Policy.
4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products-
completed operations hazard"is excluded either by the provisions of the Policy or by endorsement.
B. MISCELLANEOUS ADDITIONAL INSUREDS
1. Who Is An Insured is amended to include as an insured any person or organization (called additional
insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional
insured on this policy under a"written contract.":
2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will
not provide the additional insured with:
a. A higher limit of insurance than required by such"written contract";
b. Coverage broader than required by such"written contract"and in no event greater than that described by
the applicable paragraph a.through k.below; or
c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations
hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by
paragraph 3.j.below.
Any coverage granted by this endorsement shall apply only to the extent permitted by law.
3. Only the following persons or organizations can qualify as additional insureds under this endorsement:
a. Controlling Interest
Any persons or organizations with a controlling interest in you but only with respect to their liability arising
out of:
1) such person or organization's financial control of you; or
2) Premises such person or organization owns, maintains or controls while you lease or occupy these
premises;
provided that the coverage granted to such additional insureds does not apply to structural alterations,
new construction or demolition operations performed by or for such additional insured.
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b. Co-owner of Insured Premises
A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the
co-owners liability for"bodily injury", "property damage" or"personal and advertising injury" as co-owner
of such premises.
c» Grantor of Franchise
Any person or organization that has granted a franchise to you, but only with respect to such person or
organization's liability for "bodily injury", "property damage", or "personal and advertising injury" as
grantor of a franchise to you.
d. Lessor of Equipment
Any person or organization from whom you lease equipment, but only with respect to liability for"bodily
injury", "property damage" or "personal and advertising injury" caused in whole or in part by your
maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such
bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury"
takes place prior to the termination of such lease.
e. Lessor of Land
Any person or organization from whom you lease land, but only with respect to liability for"bodily injury",
property damage"or"personal and advertising injury"arising out of the ownership, maintenance or use
of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily
injury" or "property damage" or the offense giving rise to such "personal and advertising injury", takes
place prior to the termination of such lease. The insurance hereby afforded to the additional insured does
not apply to structural alterations, new construction or demolition operations performed by, on behalf of or
for such additional insured.
f. Lessor of Premises
An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only
with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" arising
out of the ownership, maintenance or use of such part of the premises leased to you, and provided that
the"occurrence"giving rise to such"bodily injury"or"property damage"or the offense giving rise to such
personal and advertising injury",takes place prior to the termination of such lease. The insurance hereby
afforded to the additional insured does not apply to structural alterations, new construction or demolition
operations performed by, on behalf of or for such additional insured.
g. Mortgagee,Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or
receiver's liability for"bodily injury", "property damage"or"personal and advertising injury" arising out of
the ownership, maintenance, or use of a premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations
performed by, on behalf of or for such additional insured.
h. State or Political Subdivisions
A state or government agency or subdivision or political subdivision that has issued a permit or
authorization, but only with respect to such government agency or subdivision or political subdivision's
liability for"bodily injury","property damage"or"personal and advertising injury"arising out of:
1) The following hazards in connection with premises you own, rent, or control and to which this
insurance applies:
a) The existence, maintenance, repair, construction, erection, or removal of advertising signs,
awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway
openings, sidewalk vaults, street banners,or decorations and similar exposures; or
b) The construction, erection,or removal of elevators; or
c) The ownership, maintenance or use of any elevators covered by this insurance; or
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2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted
by this paragraph does not apply to:
a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations
performed for the state or government agency or subdivision or political subdivision;or
b) "Bodily injury"or"property damage"included within the"products-completed operations hazard."
With respect to this provision's requirement that additional insured status must be requested under a
written contract", we will treat as a "written contract" any governmental permit that requires you to
add the governmental entity as an additional insured.
i. Trade Show Event Lessor
With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any
person or organization .whom you are required to include as an additional insured, but only with respect
to such person or organization's liability for "bodily injury', "property damage", or "personal and
advertising injury"cause by:
a. Your acts or omissions; or
b. Acts or omissions of those acting on your behalf;
in the performance of your ongoing operations at the trade show premises during the trade show event.
j. Other Person or Organization
Any person or organization who is not an additional insured under paragraphs a.through i. above. Such
additional insured is an insured solely for"bodily injury", "property damage" or"personal and advertising
injury"for which such additional insured is liable because of your acts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
1) For"bodily injury,""property damage,"or"personal and advertising injury"arising out of the rendering
or failure to render any professional services;
2) For"bodily injury"or"property damage" included in the "products-completed operations hazard." But
this provision(2)does not apply to such"bodily injury"or"property damage"if:
a) It is entirely due to your negligence and specifically results from your work for the additional
insured which is the subject to the"written contract";and
b) The "written contract" requires you to make the person or organization an additional insured for
such"bodily injury"or"property damage";or
3) Who is afforded additional insured coverage under another endorsement attached to this policy.
C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE
With respect only to additional insured coverage provided under paragraphs A. and B. above:
1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the
Condition entitled Other Insurance:
This insurance is excess of all other insurance available to an additional insured whether primary, excess,
contingent or on any other basis. However, if a"written contract"requires that this insurance be either primary
or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to
insurance on which the additional insured is a named insured.
2. Under Liability and Medical Expense Definitions,the following definition is added:
Written contract" means a written contract or agreement that requires you to make a person or organization
an additional insured on this policy,provided the contract or agreement:
a. Is currently in effect or becomes effective during the term of this policy;and
b. Was executed prior to:
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1) The"bodily injury"or"property damage";or
2) The offense that caused the"personal and advertising injury";
for which the additional insured seeks coverage.
II. LIABILITY EXTENSION COVERAGES
It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any
other endorsement attached to this policy amends any provision also amended by this endorsement, then that other
endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do
not apply.
A. Bodily Injury—Expanded Definition
Under Liability and Medical Expenses Definitions,the definition of"Bodily injury"is deleted and replaced by the
following:
Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation,
shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical
injury, sickness or disease.
B. Broad Knowledge of Occurrence
Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense,
Claim or Suit is amended to add the following:
Paragraphs a.and b. above apply to you or to any additional insured only when such"occurrence," offense, claim
or"suit"is known to:
1) You or any additional insured that is an individual;
2) Any partner, if you or an additional insured is a partnership;
3) Any manager, if you or an additional insured is a limited liability company;
4) Any"executive officer"or insurance manager, if you or an additional insured is a corporation;
5) Any trustee, if you or an additional insured is a trust;or
6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity.
This paragraph applies separately to you and any additional insured.
C. Estates, Legal Representatives and Spouses
The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under
this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only
for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks
damages from marital common property, jointly held property, or property transferred from such natural person
insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal
representative or spouse outside the scope of such person's capacity as such, provided however that the spouse
of a natural person Named Insured and the spouses of members or partners of joint venture or partnership
Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named
Insured's business.
D. Legal Liability—Damage To Premises
1. Under B.Exclusions, 1.Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is
replaced by the following:
k. Damage To Property
Property damage"to:
1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other
person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of
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such property for any reason, including prevention of injury to a person or damage to another's
property;
2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those
premises;
3. Property loaned to you;
4. Personal property in the care, custody or control of the insured;
5. That particular part of any real property on which you or any contractors or subcontractors working
directly or indirectly in your behalf are performing operations, if the "property damage" arises out of
those operations; or
6. That particular part of any property that must be restored, repaired or replaced because "your work"
was incorrectly performed on it.
Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied,
rented or held for rental by you.
Paragraphs 1,3,and 4,of this exclusion do not apply to"property damage"(other than damage by fire or
explosion)to premises:
1) rented to you:
2) temporarily occupied by you with the permission of the owner,or
3) to the contents of premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D—
Liability and Medical Expenses Limits of Insurance.
Paragraphs 3;4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-completed
operations hazard."
2. Under B. Exclusions, 1.Applicable to Business Liability Coverage,the following paragraph is added, and
replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and
Advertising injury:
Exclusions c, d,e,f,g, h, i, k, I,m, n,and o, do not apply to damage by fire to premises while rented to you
or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a
period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in
Section D. Liability And Medical Expenses Limits Of Insurance.
3. The first Paragraph under item 5.Damage To Premises Rented To You Limit of the section entitled Liability
And Medical Expenses Limits Of Insurance is replaced by the following:
The most we will pay under Business Liability for damages because of "property damage" to any one
premises, while rented to you or temporarily occupied by you with the permission of the owner, including
contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to
Premises Rented to You limit shown in the Declaration.
E. Personal and Advertising Injury—Discrimination or Humiliation
1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is
amended to add the following:
h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only
if such discrimination or humiliation is:
1) Not done intentionally by or at the direction of:
a) The insured; or
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b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited
liability company)of the insured; and
2) Not directly or indirectly related to the employment, prospective employment, past employment or
termination of employment of any person or person by any insured.
2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and
Advertising injury is amended to add the following additional exclusions:
15)Discrimination Relating to Room, Dwelling or Premises
Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective
sale, rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any insured.
16)Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment,
past employment or termination of employment of any person by any insured.
17)Fines or Penalties
Fines or penalties levied or imposed by a governmental entity because of discrimination.
3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if
Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by
endorsement.
F. Personal and Advertising Injury-Broadened Eviction
Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is
amended to delete Paragraph c.and replace it with the following:
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room
dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord
or lessor.
G. Waiver of Subrogation—Blanket
We waive any right of recovery we may have against:
a. Any person or organization with whom you have a written contract that requires such a waiver.
All other terms and conditions of the Policy remain unchanged.
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SB-146968-A
Ed. 01/06)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL
INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH
C., OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional insured
Businessowners Liability Coverage Form is amended does not apply to "bodily injury," "property
to include as an insured any person or organization damage," "personal and advertising injury" arising
whom you are required to add as an additional insured out of an architect's, engineer's, or surveyor's
on this policy under a written contract or written rendering of or failure to render any professional
agreement; but the written contract or written services including:
agreement must be:
a. The preparing, approving, or failing to prepare
1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions,
term of this policy; and reports, surveys, field orders, change orders
2. Executed prior to the "bodily injury," "property
or drawings and specifications by any
damage,"or"personal and advertising injury." architect, engineer or surveyor performing
services on a project of which you serve as
B. The insurance provided to the additional insured is construction manager; or
limited as follows: b. Inspection, supervision, quality control,
1. That person or organization is an additional engineering or architectural services done by
insured solely for liability due to your negligence you on a project of which you serve as
specifically resulting from "your work" for the construction manager.
additional insured which is the subject of the 5. This insurance does not apply to "bodily injury,"written contract or written agreement. No
property damage," or "personal and advertisingcoverageappliestoliabilityresultingfromthesole
injury"arising out of:negligence of the additional insured.
2. The Limits of Insurance applicable to the
a. The construction or demolition work while you
additional insured are those specified in the are acting as a construction or demolition
written contract or written agreement or in the contractor. This exclusion does not apply to
work done for or by you at your premises.Declarations of this policy, whichever is less.
These Limits of Insurance are inclusive of, and not C. BUSINESSOWNERS GENERAL LIABILITY
in addition to, the Limits of Insurance shown in the CONDITIONS—Duties In The Event of Occurrence,
Declarations. Offense, Claim or Suit (Section E.2.) of the
3. The coverage provided to the additional insured Businessowners Liability Coverage Form is amended
to add the following:within this endorsement and section titled
LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as
DEFINITIONS — "Insured Contract" (Section soon as practicable:
F.9.)within the Businessowners Liability Coverage
1. Give written notice of an occurrence or an offenseForm, does not apply to"bodily injury"or"property
to us which may result in a claim or "suit" underdamage" arising out of the "products-completed
this insurance;
operations hazard" unless required by the written
contract or written agreement.
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Ed. 01/06)
SB-146968-A
Ed. 01/06)
2. Tender the defense and indemnity of any claim or against that "suit" If no other insurer defends, we
suit" to us for a loss we cover under this will undertake to do so, but we will be entitled to
Coverage Part; the additional insured's rights against all those
3. Tender the defense and indemnity of any claim or
other insurers.
suit" to any other insurer which also has When this insurance is excess over other
insurance for a loss we cover under this Coverage insurance, we will pay only our share of the
Part; and amount of the loss, if any, that exceeds the sum
4. Agree to make available any other insurance
of:
which the additional insured has for a loss we a) The total amount that all such other insurance
cover under this Coverage Part. would pay for the loss in the absence of this
We have no duty to defend or indemnify an additional
insurance; and
insured under this endorsement until we receive b) The total of all deductible and self-insured
written notice of a claim or "suit" from the additional amounts under all that other insurance.
insured.
We will share the remaining loss, if any, with any
D. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this
Businessowners Common Policy Conditions are Excess Insurance provision and was not bought
deleted and replaced with the following:specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this
2. This insurance is excess over any other insurance
Coverage Part.
naming the additional insured as an insured
whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST
other basis unless a written contract or written OTHERS TO US (Section K.2.) of the
agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted
be either primary or primary and noncontributing and replaced with the following:
to the additional insured's own coverage. This
2. We waive any right of recovery we may haveinsuranceisexcessoveranyotherinsuranceto
which the additional insured has been added as against any person or organization against whom you
an additional insured by endorsement.have agreed to waive such right of recovery in a
written contract or agreement because of payments
3. When this insurance is excess, we will have no we make for injury or damage arising out of your
duty under Coverages A or B to defend the ongoing operations or "your work" done under a
additional insured against any "suit" if any other contract with that person or organization and included
insurer has a duty to defend the additional insured within the"products-completed operations hazard."
SB-146968-A Page 2 of 2
Ed. 01/06)
CNA CNA63359XX
Ed. 04/12)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS EXTENDED COVERAGE ENDORSEMENT
BUSINESS AUTO PLUS -
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILITY COVERAGE name, with your permission, while performing
duties related to the conduct of your business.
A. Who Is An Insured
Policy," as used in this provision A. Who Is An
The following is added to Section II, Paragraph Insured, includes those policies that were in force
A.1.,Who Is An Insured: on the inception date of this Coverage Form but:
1. a. Any incorporated entity of which the 1. Which are no longer in force; or
Named Insured owns a majority of the
2. Whose limits have been exhausted.voting stock on the date of inception of
this Coverage Form; provided that, B. Bail Bonds and Loss of Earnings
b. The insurance afforded by this provision Section II, Paragraphs A.2. (2) and A.2. (4) are
A.1. does not apply to any such entity revised as follows:
that is an "insured" under any other
liability"policy"providing"auto"coverage. 1. In a.(2), the limit for the cost of bail bonds is
changed from$2,000 to$5,000; and
2. Any organization you newly acquire or form,
other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is
partnership or joint venture, and over which changed from$250 to$500 a day.
you maintain majority ownership interest.
C. Fellow Employee
The insurance afforded by this provision A.2.:
Section II, Paragraph B.5 does not apply.
a. Is effective on the acquisition or formation
Such coverage as is afforded by this provision C.date, and is afforded only until the end of
is excess over any other collectible insurance.the policy period of this Coverage Form,
or the next anniversary of its inception II. PHYSICAL DAMAGE COVERAGE
date,whichever is earlier.
A. Glass Breakage - Hitting A Bird Or Animal -
b. Does not apply to: Falling Objects Or Missiles
1) "Bodily injury" or "property damage" The following is added to Section III, Paragraph
caused by an "accident" that A.3.:
occurred before you acquired or
With respect to any covered "auto," any deductibleformedtheorganization; or
shown in the Declarations will not apply to glass
2) Any such organization that is an breakage if such glass is repaired, in a manner
insured" under any other liability acceptable to us, rather than replaced.
policy"providing"auto"coverage.B. Transportation Expenses
3. Any person or organization that you are
Section III, Paragraph A.4.a. is revised, withrequiredbyawrittencontracttonameasan
respect to transportation expense incurred by you,additional insured is an "insured" but only with
to provide:respect to their legal liability for acts or
omissions of a person, who qualifies as an a. $60 per day, in lieu of$20; subject to
insured" under Section II - Who Is An
b. $1,800 maximum, in lieu of$600.Insured and for whom Liability Coverage is
afforded under this policy. If required by C. Loss of Use Expenses
written contract, this insurance will be primary
and non-contributory to insurance on which Section III, Paragraph A.4.b. is revised, with
the additional insured is a Named Insured. respect to loss of use expenses incurred by you,
to provide:
4. An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a a. $1,000 maximum, in lieu of$600.
contract or agreement in that "employee's"
CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3
Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission.
CNA63359XX
Ed. 04/12)
D. Hired"Autos"d. A $100 per occurrence deductible applies to
The following is added to Section III. Paragraph the coverage provided by this provision.
A.: G. Diminution In Value
5. Hired "Autos" The following is added to Section Ill, Paragraph
If Physical Damage coverage is provided under
B.6.:
this policy, and such coverage does not extend to Subject to the following, the "diminution in value"
Hired Autos, then Physical Damage coverage is exclusion does not apply to:
extended to:
a. Any covered "auto" of the private
a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or
or borrow without a driver; and borrow, without a driver for a period of 30
b. Any covered "auto" hired or rented by days or less, while performing duties
your"employee"without a driver, under a
related to the conduct of your business;
contract in that individual "employee's"
and
name, with your permission, while b. Any covered "auto" of the private
performing duties related to the conduct passenger type hired or rented by your
of your business. employee"without a driver for a period of
30 days or less, under a contract in that
c. The most we will pay for any one individual "employee's" name, with your
accident" or "loss" is the actual cash
value, cost of repair, cost of replacement
permission, while performing duties
or $75,000, whichever is less, minus a
related to the conduct of your business.
500 deductible for each covered auto. c. Such coverage as is provided by this
No deductible applies to "loss" caused by provision is limited to a "diminution in
fire or lightning. value" loss arising directly out of
d. The physical damage coverage as is
accidental damage and not as a result of
provided by this provision is equal to the
the failure to make repairs; faulty or
physical damage coverage(s) provided on
incomplete
on of substandardsubst
andamaintenanceor
parts.
or repairs; or the
installation
your owned "autos."
e. Such physical damage coverage for hired
d. The most we will pay for "loss" to a
autos"will: covered "auto" in any one accident is the
lesser of:
1) Include loss of use, provided it is the
consequence of an "accident" for
1) $5,000; or
which the Named Insured is legally 2) 20% of the "auto's" actual cash value
liable, and as a result of which a ACV).
monetary loss is sustained by the Ill. Drive Other Car Coverage—Executive Officersleasingorrentalconcern.
2) Such coverage as is provided by this The following is added to Sections II and Ill:
provision will be subject to a limit of 1. Any "auto" you don't own, hire or borrow is a
750 per"accident." covered "auto" for Liability Coverage while being
E. Airbag Coverage used by, and for Physical Damage Coverage
while in the care, custody or control of, any of your
The following is added to Section III, Paragraph executive officers,"except:
B.3.:
a. An "auto" owned by that "executive officer" or
The accidental discharge of an airbag shall not be a member of that person's household; or
considered mechanical breakdown.
b. An "auto" used by that "executive officer"
F. Electronic Equipment while working in a business of selling,
Section III, Paragraphs B.4.c and B.4.d. are
servicing, repairing or parking"autos."
deleted and replaced by the following: Such Liability and/or Physical Damage Coverage
c. Physical Damage Coverage on a covered as is afforded by this provision.
auto" also applies to "loss" to any 1) Equal to the greatest of those coverages
permanently installed electronic equipment afforded any covered "auto"; and
including its antennas and other accessories.
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CNA63359XX
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2) Excess over any other collectible damage, against any person or organization for
insurance. whom or which you are required by written
2. For purposes of this provision, "executive officer
contract or agreement to obtain this waiver from
means a person holding any of the officer
us.
positions created by your charter, constitution, by- This injury or damage must arise out of your
laws or any other similar governing document, activities under a contract with that person or
and, while a resident of the same household, organization.
includes that person's spouse.
You must agree to that requirement prior to an
Such "executive officers" are "insureds" while accident"or"loss."
using a covered "auto"described in this provision.
C. Concealment, Misrepresentation or Fraud
IV. BUSINESS AUTO CONDITIONS
The following is added to Section IV, Paragraph
A. Duties In The Event Of Accident, Claim, Suit Or B.2.:
Loss
Your failure to disclose all hazards existing on the date
The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice
A.2.a.: you with respect to the coverage afforded provided
4) Your "employees" may know of an
such failure or omission is not intentional.
accident" or "loss." This will not mean D. Other Insurance
that you have such knowledge, unless
The following is added to Section IV, Paragraphsuch "accident" or "loss" is known to you
or if you are not an individual, to any of
6.5..
your executive officers or partners or your Regardless of the provisions of Paragraphs 5. a.
insurance manager.and 5. d. above, the coverage provided by this
The following is added to Section IV, Paragraph policy shall be on a primary non-contributory
A.2.b.: basis. This provision is applicable only when
required by a written contract. That written
6) Your "employees" may know of contract must have been entered into prior to
documents received concerning a claim Accident"or"Loss."
or"suit."This will not mean that you have
E. Policy Period, Coverage Territorysuchknowledge, unless receipt of such
documents is known to you or if you are Section IV, Paragraph B. 7.(5).(a). is revised to
not an individual, to any of your executive provide:
officers or partners or your insurance
manager. a. 45 days of coverage in lieu of 30 days.
B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS
To Us Section V. Paragraph C. is deleted and replaced by
The following is added to Section IV, Paragraph the following:
A.5. Transfer Of Rights Of Recovery Against Bodily injury"means bodily injury, sickness or diseaseOthersToUs:
sustained by a person, including mental anguish,
We waive any right of recovery we may have, mental injury or death resulting from any of these.
because of payments we make for injury or
CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3
Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission.