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HomeMy WebLinkAbout010912_ca02 Department of Public Works o Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request From: Board of Commissioners Philip Morley, County Administrator Frank Gifford, Public Works Director ;J)J To: Agenda Date: Subject: January 9, 2012 Standard Consultant Agreement with Nakano Associates LLC Rick Tollefson Memorial Trail Statement of Issue: Standard Consultant Agreement with Nakano Associates, LLC, of Seattle, to provide complete design and engineering services for Phase One of the Rick Tollefson Memorial Trail Project. Analysis/Strategic Goals/Pro's 8: Con's: This project is number seven on the 2012-2017 Six Year Transportation Improvement Program and is included in the 2012 Annual Construction Program. The purpose of Phase One of the project is to create a new multi-use non-motorized trail crossing Chimacum Valley between HJ Carroll Park and the Bob Bates Ball Fields. FiscallmpactlCost Benefit Analysis: The contract amount is $197,128.32. Funding is provided by the Federal Highway Administration and the State Pedestrian and Bicycle Safety Program. Recommendation: The Board is asked to sign the three contract originals, and return two to Public Works (attn Valerie Greene). Department Contact: Monte Reinders P.E., County Engineer 385-9242 Reviewed By: Ih~~ Date I~i; I. r/~j ,,*. Local Agency ConsultantlAddressIT elephone Standard Consultant NAKANO ASSOCIATES LLC Agreement 3609 S. MOUNT BAKER BLVD. " ArchltecturaVEngineering Agreement SEATTLE WA 98144 206-292-9392 D Personal Services Agreement Agreement Number Project TJtle And Work Description RICK TOLLEFSON MEMORIAL TRAIL PHASE ONE Federal Aid Number COUNTY PROJECT NO. 18018160 Design and EngineerIng Services Agreement Type (Choose one) Schematic Design Phase - Construction Phase D Lump Sum DBE Participation Lump Sum Amount $ D Cost Plus Fixed Fee DYes " No % Overhead Progress Payment Rate _% Federal ID Number or Social Security Number OVerhead Cost Method D Actual Cost Do you require a 1099 for IRS Completion Date D Actual Cost Not to Exceed _% D Fixed Rate DYes "No December 31, 2013 Fixed Fee $ Total Amount Authorized $_179,208.32_ " Specific Rates Of Pay " Negotiated Hourly Rate Management Reserve Fund $_17,920.00_ D Provisional Hourly Rate D Cost Per Unit Maximum Amount Payable $_197,128.32_ Index of Exhibits (Check aU that apply): Exhibit G-2 Fee-Sub S ific Rates Exhibit G-3 Sub Overhead Cost Exhibit H Title VI Assurances Exhibit 1 Pa ent U on Termination of A eement Exhibit J All ed Consultant Desi Error Procedures Exhibit K Consultant Claim Procedures Exhibit L Liabili Insurance Increase Exhibit M-l a Consultant Certification Exhibit M-l b A enc Official Certification Exhibit M-2 Certification - Prim Exhibit M-3 Lobb in Certification Exhibit M-4 Pricin Data Certification A .31.910 Su lemental Si ature P e TIllS AGREEMENT, made and entered into this day of " between the Local Agency of Jefferson County, Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT" DOT Fonn 140.089 EF Revised 312008 Page 1 I.~ I .,. .-i WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deemS it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY. NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof. the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defmed and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. IT Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibits "A" and "G" attached hereto and by this reference made a part of this AGREEMENT. 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 andfor such Federal. State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhihit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT. shall not discriminate on the basis of race. color, national origin, or sex in the performance of this contract. The CONSULTANT. and each SUBCONSULT ANT, shall carry out applicable requirements of 49 CPR Part 26 in the award and arlmini.tration of USDOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CPR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Entetprises (WBE), shall be shown on the heading of this AGREEMENT. If DIM/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhtbit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUP) regulation outlined in the AGENCY'S "DBE Program Participation Plan", The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. Page 2 / j. - f; , . All Reports, PS&;E materials, a:nd other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is . required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payJ!lent shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office andlor at the request of the AGENCY'S PROJECT Manager. VI Sub-Contraeting The AGENCY permits sub-contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub-contractor, any contract or any other relationship. A DBE certified sub-consultant. is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. Page 3 .. ' '. . VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage tee, 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 the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. . VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CPR Part 21 23 CPR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the Page 4 / .. ~ .~ . attached Exhibit "H" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a fmal payment shall be made to the CONSULTANT as shown in Exhibit "1" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination, Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or tbat the CONSULTANT'S failure to perform is without the CONSULTANT'S or its employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, parlner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the parlnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANt, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. . Page 5 . .- > X Changes of Work . The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessmy to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for Its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions offact in connection with the work not disposed ofby AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Veuue, Applicable Law, aud Persoual Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. xm Legal Relations The CONSULTANT shall comply with aD Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and constroed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnifY and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at Its own expense all claims, demands, or su1ts at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of Its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnifY the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independeutcontractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating coutract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any innnunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of constroction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an Page 6 rCT i ,< ! . ~ acceptable supplementaIagreement, theCONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STAlE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for-any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability (Errors and Omissions) policy in an amount of not less than one million dollars ($1,000,000.00) combined single limit if any employee, agent or representative of the CONSULTANT undertaking work in furtherance of or pursuant to this Agreement holds or is required to hold a professional license issued by the State of Washington or any other state. Excepting the W.erker' s Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT'S insurance required by this Section shall be in all circumstances primm)' to any insurance available to the AGENCY. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insur1mce policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STAlE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. Page 7 ~. .i " B. If any such. change causes an increase or decrease in the estimated cost of, or the time required for, perfonnance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other tenns and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (I) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected tenns and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this c1anse shalI excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the tenns and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. xv Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. . XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consnltant and the Agency Attached hereto as Exhibit "M- I (a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit ''M-2'' Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit ''M-3'' is required only in AGREEMENTS over $100,000 and Exhibit ''M-4'' is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shalI not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, iunendments, or modifications of the tenDs hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptanee This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting matllrial submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all ofthetenns and conditions thereof. Page 8 . ! " , 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 (I) of this AGREEMENT. NAfCAWO trS5dC/lI'/ci L--L-C Consultant (please prtnt) (~/CH1 N7>r1c~ consultants~ ~ Consultant's Sigoature Date ~ pee ""2-o!J Page 9 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member Approved as to form only this 2l J:b dr5:;mQtZOI) David Alvarez ~ Deputy lW~r1'.. Attorney -jf ~~ 111)Z- Frank Gifford/, . Date Public Works Director . , ~ . EXHIBIT A.1 SCOPE OF WORK NAKANO ASSOCIATES SCHEMATIC DESIGN TO 30% COMPLETION 1. Project Management This task Includes time for regular communication with County project manager and sub consultants. Dellverables: Monthly prograss raport (submitted with monthly Invoice) 2. Public outreach: Info buDetln re project and progress Nakano associates will provide County with content for Info bulletin and website. Deliverables: Text and graphics for Info bulletin and webslta 3. Public outreach: begin pertnarlng for Interpretive elements Nakano Associates in consultation with County project manager will contacllocal organizations that can provide Input and content on Interpretive elements. This task also includes selection of artlst/lnterprative designer. 4. Preliminary review with all permIttIng agencies Nakano Associates project manager will attand meetings as necessary. 6. Preliminary detailed cost estimate Update cost estimate to reflect most recent alignment Dellverabies: Cost estimate In POF format 6. Schematic Mitigation Plan Dellverables: Schemetlc Mitigation pian In required fl?rmat DESIGN DEVELOPMENT TO 60% COMPLETION 7. Project Management This task Includes time for reguiar communication with County project manager and sub consultants. Dellverables: Monthly prograss report( submitted with monthly invoice) 8. InterpretIve elements Nakano Associates will work with artist/Interpretive designer on preferred Interpretive elements such as slgnage designs, traillago and Interpretive content 9. 60 % Review Documents Nakano Associatas and sub consultants will produce 60% construction documents for review by County. Oellverables: 60% Construction Documents Including: Trail plan sheets, sections, and details Retaining wall sections and details Planting plan and details Fence details KIosk and furnishings details Slgnage (Interpretive and other) plan and details Outline specifications 10. Environmental documents and permit applications Nakano Associates will provlda ESA wlth any graphics and writing necessary to complete environmental permitting. 11. Public outreach: Info bulletin re project and progress this task includes providing County wlth content for Info bulletin and webslte. Oellverables: Text and graphics for info bulletin and webslte 12. Preliminary engIneering estimate Update cost estimate to reflect current level of design. Dellverables: Cost estimate in PDF format 13. Mitigation plan final Nakano Associates will receive direction from ESA on Mitigation requirements and thereafter prepere mitigation planting plan Dellverables: Mltlgatlon planting plan in required format CONSTRUCTION DOCUMENTS TO 100% COMPLETION 14. Project management This task includes time for regular communication wlth County project manager and sub consultanta. Deliverables: Monthly progress report( submmed wlth monthly invoice) 16. 90% Review Documents Nakano Aesociates and sub consultants will produce 90% construction documents for review by County. Dellverables: 90 % Bid Set Including: Trail plan sheats, sections, and all necessary details Speclal Provisions to WSDOT Stsndard Specs 16. Bid documents Nakano Associates and sub consultants will produce filial Bid Set Deliverables: 100 % Bid Set Including: Trail plan sheats, sections, and all necessary details Special Provisions to WSDOT Stsndard Specs 17. "Engineer's" estimate for construction cost Update cost estimate to reflect current levet of design. Deliverebles: Cost estimate In PDF format . BID PHASE 18. Assist county with bidder questions/pre-bid site visit/addenda preparation Dellverables: Communication! Addenda preparation as needed. CONSTRUCTION PHASE 19. Assist county with pre-constructlon meeting/contractor submittals/construction Inspections/other admln Dellverables: (6) site reporls and (1) punch list > " " ~ al"11 . ~ . 0' . ! Jill -, I" iil. ~! .. o. ill u ~ N ~ o ~ ~~I !I. w o ~ ~ ~il N ~ ~ N :; ~ @ :l wi ~q g,". ~ I ~ I ~ ~ ~ ~ o ~ ~ . ~. i:l ! Oi' z ; ~il ~ I N ~ ri " ~ ~ ~ ~ " . . , ~ ! o N 01> N Z Ew ~~ zo .. <!z ~~ 0... E" ~.. "z '"!o <0 I 0 ~t j : : ji ; ! ;.t! ~ ~ E i 'tI ..!!! 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Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the fonnat and standards the consultant is to use in prepariog electronic files for transmission to the agency. The fonnat and standards to be provided may inclnde, but are not limited to, the following: a. Provide all Computer Aided Drafting Files in AutoCAD Version 2009 (or newer). b. Provide Contract Special Provisions in Microsoft Office Word or Excel. c. Provide draft versions, for County review, of any and all documents prior to distribution to all other agencies or other third parties. d. Transmit Draft versions of the above documents as attachments to emails. e. Transmit all Final electronic files on a CD. -~- ~ "'-. " " Exhibit D-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work perfonned or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall confonn to all applicable portions of 48 CFR 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "E" and "G" attached hereto and by this reference made part of. this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges mayJnclude, but are not Iimited to the following items: travel, printing, long distance telephone, supplies, computer charges, and sub-consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. -The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rentaI car costs shall be reimbursed in accordance with 48CFR Part 31.205-46 "Travel Costs." b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessaJY for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $ I 00,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XN, "Extra Work." 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, ''Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. . ,<t. ~ . 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in I and 2 above. The monthly billings shall be supported by detailed statements for hours expended at the mtes established in Exhibit "En ad "G", including names and classifications of all employees, and biJIings for all direct non-salary expenses. To provide a means of verifying the biJIed 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 PROJECT at the time of the interview. 6 Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and tmnsmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any biJIing will not constitute agreement as to the appropriateness of any item and at the tiItle offinal audit, all required adjnstmentswill be made and reflected in a final payment In the event that such final audit reveals an overpayment to the CONSUL TANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal Process to the AGENCY for audit findings. . 7. Inspection of Cost Records: The CONSULTANT and their sub-consu1tants shall keep available for inspection by representatives of the AGENCY, STATE, and the United States, for a period of three (3) years after receipt offinal 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 ansing out of, in connection with, or related to this contmct is initiated before the expiration of the three (3) year period, the cost records and accounts sha1l be retained until such litigation, claim, or audit involving the records is cOmpleted. ~ ;!- :!o EXHIBIT D-3 PAYMENT NAKANOASSOCIATES LLC November 29, 2011 Rick Tollefson Memorial Trail Prime Consnltant Nakano Associates Landscape Architects Principal Sr. Associate Associate Scope of Work $138 $96 $83 SCHEMA TIC DESIGN TO 30% COMPLETION 1. Suh-consultant meeting and site visit 12 2. Pul>lic ou1reach: info hulletin re project and progress 2 5 3. Puhlic outreach: begin partoering for interpretive element 16 4. Preliminary detailed cost estimate 8 5. Project management and consultant coordinatlon 8 6. Schematic Mitigation Plan 8 2 57 0 Subtotal $276 $5,472 $0 $5,748.00 DESIGN DEVELOPMENT TO 60% COMPLETION 1. Trail plan sheets, sections, and details 4 30 24 2. Retaining wall sections and details 24 3. Planting plan and details 24 4. Artist involvement 16 5. Signage (interpretive and other) plan and details 36 6. Interpretive signs content coordination 8 7. Fence details 12 8. Kiosk and furnishings details 24 9. Outline specifications 16 10. Public outreach: info bulletin re project and progress 5 11. Preliminary Engineering estimate 8 12. Project management and consultant coordination 12 4 155 84 Subtotal $552 $14,880 $6,972 $22,404.00 CONSTRUCTION DOCUMENTS TO 100% COMPLETION I. Plans, sections, details, notes 24 8 2. Special Provisions to WSDOT Standard Specs 16 3. "Engineer's" estimate for constroction cost 8 4. Project management and consultant coordinatlon 4 0 52 8 Subtotal $0 $4,992 $664 $5,656.00 Page 1 of2 .' ,. " BID PHASE I. Assist County with bidder questions! addenda preparation 2. Pre-bid site visit Subtotal CONSTRUcrION PHASE 1. Pre-construction meeting 2. Submittal review! other admin 3. (6) Construction site visits and site report 4. Final punch list Subtotal Reimbursable expenses ( 13 trips. $75) Subtotal Prime consultant 10% subconsultant admin fee attachment A) (refer to NAKANO ASSOCIATES TOTAL Sub consultants Civil Engineering- Sprlngline Design Structnral Engineering - Smith & Huston Environmenta1 Services - ESA Geotechnical Engineer - Geoenglneers Surveying. Clark Land Artist involvement! Interpretive design Subtotal GRAND TOTAL Page20f2 o $0 o $0 4 6 10 $960 6 12 48 8 74 $7,104 o $0 $960.00 o $0 $7,104.00 $975.00 $42,847.00 $12,396.48 $55,243.48 30,800.00 10,000.00 68,626.84 5,250.00 4,288.00 $5,000.00 $123,964.84 $179,208.32 .'C:> EXHIBIT E-2 Consultant Fee Detennlnatlon - Summary Sheet (Specific Rates of Pay) Fee Schedule Hourly Overhead profit Rate Discipline or Job Title Rate @ 1.51 % @ 25% Per Hour PRINCIPAL $50.00 $75.50 $12.50 $138.00 SR. ASSOCIATE $35.00 $52.85 $8.75 $96.60 ASSOCIATE $30.00 $45.30 $7.50 $82.80 r-. -- --- E.xF Cb'sfPRICEj9'iaL"YSIS~SERV:lt~ NAKANO ASSOCIATES LLC 01/01/08 TO 12/31/08 Overhead Review Accmal Basis percent of direct labor 5000, 3562 Direct Labor 100% 308,637.04 OVERHEAD EXPENSES PAYROLL BURDEN 6170,6150 Taxes - Payroll / Employee Benefits 24.7'% 76,372.36 2 6130,6140 Personal time / Annual Leave 10.7'% 32,980.55 3 6160 401 K Contribution 3.8% 11,868.12 4 6240 Incentive Compensation 0.0% 0.00 5 0 Employee Mise Expense 0.0% 0.00 6 SUBTOTAL - Payroll Burden 39.3% 121,221.03 3562.&000,6100.611 0 Indirect Labor - Administrative 47.0% 145,068.67 7 GENERAL OFFICE EXPENSE From George Depredation 0.0% 0.00 8 6010,6020,6030 Bid & Proposal/Business Dev. 0.1% 408.32 11 6230, 6270 Staff Development, Employl..'C Welfare 0.2% 563.44 19 6280 Computer Expense 4.6% 14,278.82 21 6320 Consultants 8.2% 25,314.01 20 6340 Insurance (auto, gen, prof) 4.5"/0 13,762.31 12 6360 Legal- Accounting / Advisors 1.0% 3,145.50 14 6370, 6300 Licenses -Fees / bank charges 0.5% 1,564.85 10 6440 Rent/Repairs & Maint 25.2% 77,921.40 17 6470 Tax Expense - Business 5.2% 16,143.14 18 6480 Telephone 3.5% 10,842.56 16 6500,6550 Travel-Mileage/Meals/ Auto 0.1% 320.06 9 6155,6250,6310 ,6390,6410,642 Office Supplies/Repo/Equip Rental 12.4% 38,381.57 15 0,6430 6699 Bad Debt 0.0% 0.00 0 Cost of Money 0.0% 0.00 13 0 Misc. 0.0% 0.00 22 SUBTOTAL - General Office 65.n:, 202,645.98 TOTAL - General & Admin 112.7% 347,714.65 TOTAL OVERHEAD EXPENSE 151.9"'/., 468,935.68 other FAR unallowable 0.0% 0.00 23 151.9% 468,935.68 ALWWABLE OVERHEAD 151.94% REVISION EXPLANATIONS 1 48 CFR Ch 1 Part 31.202 2 48 CFRCh 1 Part 31.205-6 3 48 CFR Ch 1 Part 31.205-6 4 48 CFR Ch 1 Part 31.205-60) 5 48 CFR Ch 1 Part 31.205-6 (f), -13 6 48 CFR Ch 1 Part 31.205-6, -21,-34 7 48CFRCh 1 Part 31.203 8 48CFROtlPart31.205-11,-16,-52 9 48 CFR Ot 1 Part 31.205-43 lO 48 CFR Ch 1 Part 31.205-44, -4S,-46 11 48 CFR Ch 1 Part 31.20S-12, -18, -25, -26, -32, -48 12 48CFRCh 1 Part 31.205-19,-4 13 48 CFRCh 1 Part 31.205-lO,-20 14 48 CFR Ch 1 Part 31.205-19, -33,47 15 48 CFR Ch 1 Part 31.205-2, -24, -45 16 48 CFR Ch 1 Part 31.203 17 48 CFR Ch 1 Part 31.205-17, -24, -29, -36, -40 18 48 CFR Ch 1 Part 31.205-41 19 48 CFR Ch 1 Part 31.205-44 20 48CFRCh1Part31.205-1,-44 21 48CFRCh 1 Part31.205-11,-36 22 48 CFR Ch 1 Part 31.205-6, -7, -30, -37, -38, -39, -42, -47 23 48 CPR Ch 1 Part 31.205-1, -4, -5, -8, -14, -15, -22, -23, -27,-31, -49, -50, -51 Calculation of Max Bonus DL Base OH pool, including Bonus Actual bonus paid, not in OH pool amt allowable bonus amount = +.15(+OH pool+B) = 468,935.68 70,340.35 82,753.36 Actual Bonus paid Allowable Max Bonus Allowable Bonus Unallowed - could have aid this amt. Depredation included in "Rent" ---J - - 308,637.04 468,935.68 0.00 B B =8-(8(0.15)) =(.85)B =B 0.00 82,753.36 0.00 (82,753.36) . > . Exhibit G Subcontracted Work The AGENCY pennits subcontracts for the following portions of the work of this AGREEMENT: CIVIL ENGINEER - Springline Design LLC STRUCTURAL ENGINEER - Smith & Huston Inc. GEOTECHNICAL ENGINEER - GeoEngineers Inc. ENVIRONMENTAL CONSULTANT - ESA PROFESSIONAL LAND SURVEYOR - Clark Land Office FLOODW A Y ANALYSIS - Rich Geiger, P.E., Mason Conservation District/Jefferson Conservation District CONSULTING ARTIST - for interpretive elements; this consUltant will be selected at a later date ~o'" ilem' SPRJNGLlNE Exhibit G.1 HOURS SPRINGLlNE SUITOTALPER SU8TOT..LPER PRINCIPAL -, HOURSDE810N -, '......1'OlIl5UB """"'EFCJRSUB SUB CONSULTANT SCOPE ( civil engineering) ENGINEER M~ ENGINEER M~ (:OI;$......T.....r <;O~SUl.T...~ SCHEMATIC DESIGN to 30% COMPLETION omfemKi tnJiI.llanmflnt and schematic onld/no oIan tralllntMnreUve themes IInd elements trail des/"n elements materiels and chafllCter budoet level cost est/mate ROW field stsk;na and DSrc&lscou/sftlon ollm Beau/sftlon oftrafl H1sement ublic outreach: info bulletin re oroiect and orooress . wetland assessment and delineation . eotechnical evaluation and report for briooe . tODooraohic maooina with wetland boundaries, soli lest holes, exislina structures, utilities . stormwater schematic desion " $140 27 ." . 4.886 environmental miliootion reQuirements identified and mitiaation olan schematic Preoared . bridoe desion tvoe, sdlemalic lavout and details . ublic outreach: benin nartnerinn for intemretive elements . preliminary review whh all permitlinn anencies . cultural resources assessmeol . preliminarvdelailedcostestimate . subtotals each ohase . 4,886 DESIGN DEVELOPMENT to 60% COMPLETION trail Ian sheets, sections, and details . bridae plan and details . stormwater olan and detaHs 15 $140 '" ." . 5,621:1 retajnil'l(] wall sections and details . antina plan anddeiails . sianaae (interpretive and other) plan and details . fence details . kiosk and fumishinos details . oullinesnecificalions . environmental documents and pennit applications completed . ublic outreach: info bulletin re oroiect and proaress . aoouisition of additional trail easement or mitioation sites JEFFERSON COUNTY . reliminarvenoineennoestimate 3 $1<C0 10 "8 . 1,400 mitination nlanfinal subtotals each nhase . 7,028 CONSTRUCTlQN DOCUMENTS to 90% CQMPLETlON lans, sections, details notes 33 $140 50 '98 . 10500 Soecial Provisions to WSOOT Standard Snecs 15 $140 '98 . 2,240 "ennineet's" estimate for construction cost 3 $140 10 ." . 1,400 ermits aoproved/received . subtotals each Dhase . . 14,140 BIO DOCUMENTS to 100% COMPLETlON . bid documents arm roved and Dublished . subtotals each Mase . 8 BID PHASE . assist county with bidder Questionslore-bid site visit/addenda preparation , $140 10 ." . 1 ,<COO subtotals each ohase . $ 1,400 CONSTRUCTlON PHASE . assist county with pre-construction meeting/cootractor submittals/construction inspections/othe admin indudino 1 site visit gg "40 20 ." . 3346 subtotals each ohase . . 3,346 TOTAL ESTlMATE HOURS 98.S '" TOTAL ESTlMATE COSTS $13,646 $16,954 TOTAL SUB CONSULTANT COSTS $30,800 PAGE 10F1 '" " " " " " " " " " " " " -~ '~ '" .' Exhibit 0-2 SubcoDSDltant Fee Detw.whattlon - SUIIlIIIlIl"Y Sheet (Specific Rates of Pay) . Fee Schedule SUbconsuItant . SPRINGUNE DESIGN Hourly Overhead Profit Rate DisciDIine or Job Title Rate @ 1.55 % @ 25 % Per Hour PRINCIPAL ENGINEER 50 77.60 12.50 140 DESIGN ENGINEER 35 54.25 8.75 98 . . . . scope item # J I' i I ~~7.. I~: :;:0::2.1. 1_ ' PAGEIOFl Exhibit G-1 SUB CONSULTANT SCOPE structural en SUBTOTAL PER TASKfORsUB CONSULTANT SU8TOTAlPER PHAsE fOR SUB CONSULTANT SCHEMATIC DESIGN to 30% COMPLETION referred trail aU nment and schematic rad;n Ian trail inter. elive themes and elements trail des; n elements materials and character .. bud et level cost estimate ROW field stakln and areel ac u;s;tion Ian ac ulsltlon of trail easement ublie outreach: info bulletin re ro.ect and ro ress a wetland assessment and delineation 9 eotechnical evaluation and re rt for brid e 10 to ra hie ma in with wetland boundaries, soil test holes existin structures, utilities 11 stormwater schematic desi n $ $ $ $ $ $ 20 $150 $ 3,000 $ $ $ $ $ 3,000 $ 20 $150 $ 3000 $ S S S S S S S $ $ $ $ 3,000 20 $150 $ 3,000 4 $150 $ 600 2.669 $150 $ 400 $ $ $ 4,000 $ $ $ $ $ $ $ $ $ $ $ $ 66.669 $ 10,000 12 13 14 ublic outreach: be in rtnerin for inte retive elements 15 relimina review with all rmittin a encies 16 cultural resources assessment 17 relimina detailed cost estimate subtotals each ase DESIGN DEVELOPMENT to 60% COMPLETION stormwater Ian and details retainin wall sections and details lantin Ian and details 6 si na e inter retive and other Ian and details 7 fence details a kiosk and furnishin s details 9 outline s ecifications 10 environmental documents and rmit a lications com leted 11 ublic outreach: info bulletin re ro.ect and fa ress 12 a uisition of additional trail easement or miti ation sites JEFFERSON COUNTY 13 relimina en ineerin estimate 14 miti ation Ian final subtotals each hase CONSTRUCTION DOCUMENTS to 90% COMPLETION - . . , ~.~...f::.c':)z: '" -_."C~~,+._._"",,_,.~_.k,-- '-~C'7'~" I ~:""':_.:J.:.I:l..i.:.......~....'.:.&.IJ,.--:""':.4:_~.:"""'':...I.-.._............ .. ___~ ~~'o~':::lc:il ... ....~ 4 ermits a rovedlreceived subtotals each hase BID DOCUMENTS to 100% COMPLETION bid documents a roved and ublished subtotals each hase BID PHASE assist coun with bidder uestionsl re-bid site visit/addenda re aration subtotals each ase CONSTRUCTION PHASE assist county with pre-construction meeting/contractor submittals/construction inspections/other admin includin 1 site visit subtotals each hase TOTAL ESTIMATE HOURS TOTAL ESTIMATE COSTS ~ . . Exbiblt G-2 - S w.: ,+ "" 4" t-I U s1-C\II , .1101.~. Subcomultant Fee Detwwhadion - Summary Sheet (SpecIflc Rates of Pay) Fee Sdledule SubconsWtant Hourly Overhead . Profit Rate DiscIpline or Job Title Rate @-1~-8 % @J:L% Per Hour p..,~u:'..( 0;) -l-y....~ +: 15... ~ it'S~ tt~4-- 0 f'1....Q , - . " o~ ~::::l .. ~ 0 .8 ~OE w 0 ~ wO:li zf= 8~.3 z~", w'", '"':~~..1Il: "of:: :go:::!:.... :Eo.!!~ "... - wwo,t! ... E ~ <( ~ 0 :li:liu i=g'O ffl.t!s ...!!l~ wo.. "...~ O.><W ::>.!,! mo: ,,~ ~8 ~~ ~j f , o ~ .. 1; . ~ ~ r < ~ ~ ON ~ < ~ . ~ . . ~ N Q < W ~ ~ '" u~ . . o..!: . Q . < W .. o <; < " .. < :8 ~ < 2 i .5 .< u . .!i ~ . ~ o - ~ .., - .., d . u 'c ~ u . 1; ~ ~ < . . ~g g ; '0 ~ ~ e .!! = ~ ~ g <'II .,::; I.;:: :a ! .~ ~ ~ ~ "'> E .!!! . 0 ~ '" U <lI 0 0 <l) 0 N Z; ti ~ ~ ~ ~ d lO .... ~ .... ~ :< ~ o N a)<lI<Olfl.... ~~g;:~: ~~...~~ 8:!oo(')coUJ .... .... 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"l:l 0 ~ e ~~j~~ a J; , '" ;, .~ :t ~ Exhibit G-2 Rick Tollefson Memorial Trail - Jefferson County Subconsultant Fee I - GeoEnglneers, Inc. Classification Hourlv Rate Overl1ead 223 64% Proflt 30% Rm Per Hour PrlnclDS/ $60 $134.18 $18 $212.18 Prolect Ene/neer 2 $40 $69.46 $12 $141.46 Staff Eno2 $35 $7827 $11 $123.77 Lead Tech $30 $67.09 $9 $106.09 Admnstrtr 2 $25 $55.91 $8 $88.41 Admnstrtr 1 $22 $49.20 $7 $77.80 . .'" . GeoEngineers,Ine. Overhead Sclledule For the Year Ended December 31, 2010 Financial Statement WSDOT Accepted Description Amount Geo Adj. Adj. Ref. Amount % Dlred Labor $10,264,446 SI0,264,446 100.00".4 Fringe Benefits: Paymn Taxes $1,753,277 ($287,289) A.B $1,465,988 14.28% Group Insulll1lce $2,333,218 $2,333,218 22.73% Worker's Comp. $117,379 $117,379 1.14% Vacation, Hol., Sick $2,625,060 $2,625,060 25.5'7% ProfitSbnring and 40 1 (k) $469,587 $469,587 4.57% Bonuses and Sevemnce $745,182 . (s490,563) C $254,619 2.48% Total Fringe Benefits $8,043,703 ($777,852) $0 $7,265,851 70.79% General Overhead: Non-billable Labor $4,439,820 ($682,622) A.B,P $3,757,198 36.60% B&P Labor' $1,081,030 $1,081.030 10.53% . Marketing Labor , $2,921,825 ($300,953) $2,620,872 25.53% Office Rantlll1d MainL $2,742,358 ($101,400) $66.000 0,1 $2,706.958 26.37% Telecommunications $414,208 ($97) B $414,11 1 4.03% Bus. Taxes & Other titan Fed. $595,373 $9.973 E $605,346 5.90% SlaIionBJy and Supplies $253,089 ($34,241 ) $32,152 B,F,Z $251,000 2.45% Administrative Travel $469.740 $8,725 ($138,357) B,a,S,V $340,108 3.31% Prof. Dues,Meetings & Proposals $362,172 ($47,237) ($31,554) B,T $283,381 2.76% Depredation $777,586 $2,919 H $780,505 7.60",1, Equipment rental & MainL $489,318 $489,318 4.77% Bad Debt $38,827 ($38,827) I $0 0.00% Professional Consultants $364,850 ($46,913) $7,474 J,P,U,X $325,411 3.17% Bus. Dev JMktWProposal $456,087 ($355,516) B $100,571 0.98% Field & Lab supplies $102,409 $102,409 1.00% Insutance $694,953 ($42,897) K $652,056 6.35% Computer Maintenance & Soft. $968,253 $968,253 9.43% Recruiting & Relocation $252,035 ($127,605) $13,734 F,R,W,Y $138,164 1.35% Amorti2lllion ofGoodwill $255,121 ($255,127) L $0 0.00% Contributions $21,513 ($21,513) M $0 0.00"10 FinesIPenalties/Unallowable $6,022 ($6,022) N $0 0.00% Computer tecb. offsei ($1,100,890) $.1,100,890 0 $0 0.00% Total General Overbead $16,605,705 ($938,463) ($50,551 ) $15.616,691 152.14% Total Overhead Costs $24,649,408 ($1,716,315) ($50,551) $22,882,542 222.93% Overbead Rale (Less FCC) 240.14% 223.42% 222.93% Facilities Cost of Capital $72,527 Q $72,527 0.71% $22,955,069 Overhead Rate (Inclndes FCC) . 223,64% Note: ATlUJII1t/$for Ailjustments S. T, V, w,.A:; Yo Z and I provided by DavidJam~ of Clark NIIM' due to add/tlonai testing ofspecfjlc accts.ln the GeoEngineers 2IJIIJ OverheadSclledule. Pliij81 < ~, Exhibit ESA G1 SCOPE OF WORK Environmental Services for the Rick Tollefson Memorial Trail Prepared By: ESA Prepared For: Nakano Associates LLC 3rd Revision - November 9, 2011 Jefferson County Public Works (County) has requested that Nakano Associates LLC (Nakano) prepare a scope and fee estimate for furthering the design of the Rick Tollefson Memorial Trail extension from m Carroll Park to Old Hadlock Road. Nakano has already submitted the Drqft Schematic Design Report for the Rick Tollefson Memorial Trail, Phase 1 - HJ Carroll Park to Old Hadlock Road to the County (Nakano, 20 II). Nakano requested that Environmental Science Associates (ESA) prepare a soope and fee estimate for performing wetland delineations, flagging the ordinary high water mark of Chimacum Creek, and preparing necessary environmental permits and documentation to support further design and implementation of the Rick Tollefson Memorial Trail extension from m Carroll Park to Old Hadlock Road. A fee estimate is attached to this scope of work. In its entirety, the Rick Tollefson Memorial Trail will extend from the Chimicum School Campus at State Route 19 (SR-19) and West Valley Road northerly to m Carioll Park, then north easterly across Spring Rain Farm and Chimacum Creek to Old Hadlock Road and the Bob Bates Ball Fields. From this point, the trail will extend north to the Port Hadlock Commercial crossroads at the intersection of Chima cum Road and SR-I6. The proposed action will cover the first phase ofthe Rick Tollefson Trail connecting m Carroll Park to Old Hadlock Road across two private properties, Spring Rain Farm and the Joyce property. The Rick Tollefson Memorial Trail is meant to improve pedestrian and bicycle connections between Chimacum and Port Hadlock, Washington and be used . by both residents and visitors as a transportation and recreation corridor. The facility will technically be a shared use path, which includes non-motorized uses by bicyclists, wheelchair nsers (motorized and non-motorized), and pedestrians including: walkers, runners, people with baby strollers, and people walking dogs. ESA's primary role will be to aSsist Nakano by identifYing critical areas such as wetlands, streams and fish and wildlife habitat conservation areas in the project vicinity and determining the extent of impacts to these resources. In addition ESA will provide the necessary cultural and archaeological review of the proposed alignment with supporting documentation. ESA will also use the information gained during the site assessments for the abovementioned features to prepare and submit necessary local, state, and federal permit applications in support of meeting regulatory requirements for the proposed action. It is ESA's understanding at this time and based upon conversations and information provided by Nakano prior to scoping that the project will likely require both federal permits and funding, which will drive the permit timeline and requirements for the proposed project. Page 1 oflO , It is anticipated that ESA will be responsible for preparing and obtaining the following pennitsJapprovals from regulatory agencies for the proposed project: . Section 404 Permit (Corps ofEnglneers); . Hydraulic Project Approval (Washington Department ofFish and Wildlife); . 401 Water Quality Certification and Coastal Zone Management Consistency determination (Washington Department of Ecology); . Shoreline Permit (Jefferson County); . Environmentally Critical Areas Review (Jefferson County); . State Environmental Policy Act (SEP A) review (Jefferson County); . Endangered Species Act - Biological Assessment (Federal Highways Administration (FHW A) - federal lead agency; approval by National Marine Fisheries Service (NMFS) and the United States Fish and Wildlife Service (USFWS)) . Section 106 Review (Department of Archaeological and Historical Preservation); . National Environmental Policy Act (NEPA) review (Federal Highways Administration/Washington State Department of Transportation) The following is a Scope of Work (SOW) and list of specific tasks that ESA will perform in order to assist Nakano with moving the project through the final design and constroction phases. ESA has also included a list of assumptions for each task based upon our understanding of the project at this time. A complete cost proposal is included as an attachment to this document. SCOPE OF WORK Based on the information outlined above, ESA's scope of work in support of the Rick Tollefson Memorial Trail, Phase 1 - HJ Carroll Park to Old Hadlock Road includes the following tasks: Task 1 - Project Management This task includes time for regular communication with the County project manager, project engineers and technical s1:aff; work authorization set-up and monitoring; preparing progress reports and invoices, managing budget and schedule, and quality control and assurance. This task also includes attendance by the ESA project manager at one meetings either on-site or at Jefferson County offices. The meeting is assumed to last 6 hours, including travel time. Deliverable: Monthly progress report (submitted with monthly invoice). Page 2 ono . . < Task 2 - Field Investigation ESA staff will identify and flag the wetland boundiuies and the ordinary high water mark (OHWM) of any streams within the study area. Upland and wetland data plots will be established to collect hydrology, vegetation, and soils information, as needed. Staffwill mark all wetland boundaries, data plot locations, and stream OHWM with survey flagging and wood lathing. ESA stafi"will make visual observations of potential wetland areas or drainages outside of the study for the purposes of wetland and stream classification, and to assess ifbuffers of off-site sensitive areas extend into the ROW study area. ESA will also verify critical area boundaries with Jefferson County DCD staff and make any necessary adjustments, if required. Assumptions: o The County will obtain right-of-entry for all parcels requiring wetland and/or stream delineations prior to ESA conducting field work. o ESA will provide a sketch map of the wetland and stream flags to Nakano. Nakano will be responsible for having the wetland/stream boundaries professionally surveyed. If necessary, ESA may take GPS readings for each flag using a Trimble hand-held GPS, but only at the request of Nakano. o We anticipate it will take two staff approximately two full days to delineate the wetland and streams in the project area, and an additional day for one staff to meet with the County to review wetland boundaries and make any necessary adjustments. o Wetland or stream buffers will not be flagged in the field. Buffers will be identified using surveyed critical area boundaries and mapped in CAD or GIS. o A Critical Area Report meeting requirements of Article VI and VII of the Jefferson County Code (ICC) will be prepared under a separate task. The Critical Area Report will evaluate both wetlands and fish and wildlife habitat conservation areas (FWHCAs) per JCC 18.22.440 andI8.22.450. o Survey results are to be provided to ESA in ACAD format in addition to base drawings. o The evaluation of critical areas does not include an analysis of floodplains or other critical areas identified in JCC, with the exception of wetlands and FWHCAs. Floodplain regulations will likely require specific engineering requirements (zero-rise) for stream crossing structores, which will be accounted for in the design process to be completed by others. Task 4 below also contains assumptions related to floodplains. Deliverables: Sketch maps showing critical area boundaries, which will include start and end points for each critical area, will be provided to Nakano within two days of verification of critical area boundaries with the County. A key will also be provided which will indicate which type of flagging is associated with each respective critical area. Nakano will provide this information to the professional surveyor prior to site survey Page30flO Task 3 -Joint Aquatic Resource Permit Application (JARP A) ESA will prepare a JARP A fonn in support of a Jefferson County Shoreline Pennit, Corps of Engineers Section 404 Permit, Ecology 401 Water Quality Certification, Coastal Zone Consistency detennination, and a Washington Department ofFish and Wildlife (WDFW) Hydraulic Project Approval (HP A). ESA Adolfson will assemble JARP A materials for submittal to the Corps of Engineers, Jefferson County, Ecology, and WDFW. ESA Adolfsonwill prepare Corps of Engineers JARPA figures based on design infonnation provided by Nakano. JARPA submittals shall also include design drawings and narrative descriptions of the proposed work provided by Nakano and others. Assumntions: . Final JARP A packages will be submitted by ESA on behalf of Nakano and the County Deliverables: ESA will provide one draft copy of the JARPA (electronic) to Nakano and the County for comment. Upon receipt of one set of consolidated comments from each reviewer, ESA will incorporate the necessary revisions into a final JARP A for submittal to the County, Corps of Engineers, Ecology, and WDFW; ESA will provide five hard. copy applications and an electronic version. Task 4 - (Draft) Biological Assessment The County is required to provide a Biological Assessment (BA) to filciIitate review of the proposed action as required by section 7(c) of the Endangered Species Act (ESA). The BA is prepared to facilitate coordination between the federal action agency and the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS), jointly referred to as the Services. Section 7 of the ESA requires that, through consultation (or conferencing for proposed species) with the Services, federal actions do not jeopardize the continued existence of any threatened, endangered, or proposed species or result in the destruction or adverse modification of critical habitat. The preparation of a Biological Assessment for the proposed action is triggered by both the need for a federal pennit (Section 404 permit from the United States Anny Corps of Engineers) and the fact that the project will be receiving federal funding from the Federal Highways Administration (FHW A) as administered through the Washington State Department of Transportation's (WSDOT) Highways and Local Programs. It is assumed that FHW A will act as the federal lead agency for the project; therefore, review of the Biological Assessment will be through FHW A and its designee (WSDOT). Task 4 includes the preparation of a Draft BA addressing listed and proposed species and critical habitat, identified by the Services as potentially occurring within the project area. ESA will prepare the BA following WSDOT gnidance for BA preparation in effect at the time of issuance of a notice to proceed. A draft BA will be posted to the FHW A On-line File Cabinet for review by the County and WSDOTIFHW A. Page40fl0 . > , ~ _I. . I - Assumntions: . ESA will base its BA on the information, plans, and technical reports provided by the Nakano and the County upon issuing a notice to proceed. To minimize added expenditures resulting from plan changes, ESA recommends that the Nakano and the County provide ESA with project information containing as much detail as possible. Changes to project design during preparation of the BA may require substantial revisions to the document and would require an amendment to this SOW. At a minimum, ESA will require 30 percent design level information and drawings to complete the Draft BA. . Based on the information provided to ESA during seeping, it is assumed that the project will require informal consultation with the Services and that attendance at a Pre-BA meeting will not be required. Attendance at a Pre-BA meeting would require an amendment to this seepe of work. . ESA will utilize the Port Hadlock/IrondaIe WWTP BA, prepared by ESA on behalf of the County, to minimize the level of effort required to prepare a BA for the Rick Tollefson Memorial Trail project. The WWTP project is located immediately north of the proposed project and adjacent to Chimacum Creek. . This task does not include additional studies beyond a site visit and documentation ofbaseline conditions. . In September 2008, a National Marine Fisheries Service (NMFS) Biological Opinion determined that FEMA's implementation of the National Flood Insurance Program (NFIP) jeopardizes species in the Puget Sound region listed under the Endangered Species Act (ESA). The NFIP Biological Opinion requires FEMA to make changes to implementation of the NFIP in the Puget Sound watershed in order to meet the requirements of the ESA. Current guidance from FEMA indicates that jurisdictions can choose one of three paths to ensure compliance with the Biological Opinion: 1) Adopt FEMA's Draft Floodplain Management and the Endangered Species Act Model Ordinance, 2) Complete a Checklist for Programmatic Compliance showing that that current regulations meet the requirements of the Biological Opinion, or 3) Show compliance through permit by permit consultation. In this instance, the preparation of the BA discussed above would indicate compliance with requirements of the NFIP Biological Opinion. Deliverables: ESA will provide on-going coordination for the duration of the project within the budget provided for this task. ESA will post a draft electronic copy of the BA to FHW A's On-Line File Cabinet for review by the County, WSDOT, and FHW A. Following a notice to proceed, ESA will coordinate with WSDOT to have the On-Line File Cabinet set up specifically for this project and disseminate access passwords to the pertinent reviewers. Task 5 -Final Biological Assessment Following receipt of comments by the County, WSDOT, and FHW A, ESA will prepare a Final BA. This task includes communications with WSDOT reviewers necessary to revise the BA to meet FHW A standards and to ensure the document accurately portrays Page 5 oflO the direct, indirect, interrelated and interdependent actions of the project upon listed species potentially occurring in the project area.' AssumDtions: . ESA will be pleased to adjust the BA as required within the limitations of the budget. Changes to the project or report requirements, particularly as a result of new species infonnation or changes to listing status after work has been initiated will require added services or additional revisions and may require an amendment to the Scope of Work. . For the purpose of this cost estimate, we have assumed only one revision of the fmal BA after review under Task 4. Additional revisions may require an amendment to the scope of work and cost proposal for this project. Deliverables: After any revisions, ESA will post the final BA to the FHW A On-Line File Cabinet fqr final review. At that time, WSDOT will infonn the Services of the BA's availability for their review and consultation will commence on the proposed action. Task 6 -SEP A Checklist ESA will prepare.a draft SEP A Checklist to address Phase I construction of the Rick Tollefson Memorial Trail between HJ Carroll Park and Old Hadlock Road. For purposes of this SOW, ESA bas assumed that the County will be the SEPA lead agency and that they will issue a SEPA detennination consistent with their SEPA rules. The preparation of an Environmental Checklist (Checklist) is currently assumed as the basis for detennining a scope and cost estimate for this task. The County will be responsible for publishing and circulating the required SEP A notice and posting the sign required on-site. This task includes providing a site plan and project description for the SEP A sign per County standards. At this time it is reasonable to assume that no additional studies would be necessary to complete the Checklist. ESA will prepare one revision to the draft SEP A checklist following County review of the initial draft. AssumDtions: . This task anticipates that the County will be the sole SEP A Lead Agency. Should cooperating agencies be determined to be the SEP A lead agency or co-lead agencies for this project, additional coordination and document preparation may be required and will be negotiated separately. . This subtask does not include support should the SEP A detennination be appealed; an amendment to this scope of work would be necessary. . This task assumes the County will be responsible for any publication fees. . This task assumes one round of review comments from Nakano and one round of review from ~e County on the draft SEPA Checklist. . This task includes only one revision of the Draft document based on reviewer comments. Additional rounds of review may require an amendment to this SOW. Page 60f IO . >. .t. ! ~ Deliverables: ESA will provide the draft SEPA Checklist (electronic) to the County and Nakano for comment. Upon receipt of one set of consolidated comments from each reviewer, ESA will incorporate the necessary revisions into a Final SEPA Checklist for submittal to the County. ESA will provide the County with five hard-copy checklists and an electronic version. Task 7 -Environmental Classification Summary Form ESA Adolfson will prepare a WSDOT Environmental Classification Summary (BCS) Form for the Phase 1 construction of the Rick TolIefson Memorial Trail between HJ Carroll Park and Old Hadlock Road. The ECS will be completed per the guidance and requirements in WSDOT Local Agency Guidelines (LAG) Manual in effect at the time a . notice to proceed is received for the project, adjusting for schedule limitations where necessary. ESA Adolfson will complete the ECS information using existing information and information provided by the County and Nakano. Assumntions: . This task anticipates that the WSDOT ECS Form will be sufficient to document compliance with the National Environmental Protection Act (NEPA). o No additional field investigations or data acquisition is included in this scope of work. o This task includes only one revision of the Draft document based on reviewer comments. Additional rounds of review may require an amendment to this SOW. Deliverables: . One Draft ESC Forms for Internal Review by the County and Nakano (electronic submittal) . Three Final ESC Forms for submittal to WSDOT (one camera ready original ESC Form for signature by the City and up to 7 copies of attachments). Task 8 -Critical Areas Reports The proposed action will have impacts to both fish and wildlife habitat conservation areas (FWHCAs) and wetlands. Wetlands and FWHCAs (such as streams) are regulated under Jefferson County Code (JCC), Title 18 Unified Development Code, Chapter 18.22- Critical Areas, Articles VI (wetlands) and VII (FWHCAs). If impacts to these environmentalIy critica1 areas are proposed, the project proponent must first identify these areas within theit project area, document the condition of these areas, provide classification and ratings for the critical areas, document impacts to those areas, and provide mitigation commensurate with provisions found in Chapter 18.22. ESA will prepare a combined Wetland Delineation Report and Habitat Management Plan in accordance with the special report requirements in JCC 18.22.440 and 18.22.245. Page 70fIO . AsSwnDtions: . ESA will rely on information obtained during completion of Task 2 (Field Investigations) and any site survey performed by others to identifY, classifY, and determine impacts to critical areas. . ESA will rely on WDPW's Priority Habitats and Species Management Recommendations during development of the lIMP. . ESA will describe existing conditions and impacts to wetlands and FWHCAs in the Habitat Management Plan, along with proposed mitigation measures developed in coordination with Nakano. . The Critical Area Report will not include an analysis of floodplains or discnss mitigation for impacts to floodplain habitats. . Drawings of compensatory mitigation for wetland and/or FHWCA impacts, if necessary, will be developed by Nakano with input from ESA. . This task includes only one revision of the Draft docwnent based on reviewer comments. Additional rounds of review may require an amendment to this SOW. Deliverables: ESA will provide one Draft Critical Area Report, which will combine both the Wetland Delineation Report and Habitat Management Plan, in electronic format to Nakano and the County for review. Upon receipt of one consolidated set of comments from each reviewer, ESA will revise the docwnent and provide three bound copies and one electronic camera-ready document of the Final Critical Area Report in pelf format to the County. Task 9 -Shoreline Substantial Development Permit The proposed action will occur within areas regulated by the Jefferson County Shoreline Management Program. Therefore, the project applicant will be required to obtain approval from the County for the proposed development activities. The permit applicant is required to obtain a Shoreline Substantial Development Permit from the County, which at a minimwn will include a Pre-Application conference with the County and theWDFW area habitat biologist, submittal of.a Master Use Permit (MUP) application and a JARP A (being prepared under Task 3). Additional docwnents may be required, but for the purposes of seeping, ESA has assumed only the attendance at the Pre-Application Conference and the preparation of the MUP application will be required. It is likely that other permit applications/approvals discussed herein may be included within the, permit application such 'as the Critical Area Report, and mitigation plans (prepared by Nakano). AssumDtions: . All permit application fees are the responsibility of the project applicant. . One ESA staffwiIl be present at the Pre-Application Conference. . One staffwill be available for one public meetings or hearings related to the proposed Shoreline Substantial Develop,ment Permit. Page 8 oflO . L ~ . This scope of work does not include the preparation, duplication, or distribution of public notice documents related to the Shoreline Substantial Development Permit. Deliverables: ESA will prepare and submit the Pre-Application Conference Request Form to the County. ESA will prepare a draft MOP application for review by the County (Public Works) and Nakano. Upon receipt of one set of consolidated comments, ESA will finalize the MOP and include any other permit application materials identified as being prepared by ESA under this scope of work, which may include the JARPA, Wetland Delineation Report, Biological Assessment, Habitat Management Plan, and SEPA Checklist, and submit the necessary documents to the County. Task 10 -Cultural Resource Assessment (paragon Research Associates, LLC) This project will likely receive federal funds from Federal Highways Administration which triggers compliance with Section 106 of the National Historic Preservation Act; this process is administered by Washington State Department of Transportation (WSDOT). Other cultural resources or environmental regulations may apply. ESA and Nakano Associates have requested preparation of a scope of services for the project on behalf of Jefferson County. The Scope of Work to be conducted by Paragon Research Associates, LLC (PRA) includes the following: Under this task,PRA will maintain communication with client project managers as well as oversee the project schedule lUld the budget. PRA will prepare draft Section 106 correspondence for Jefferson County's signature; this correspondence will need to be sent to WSDOT to initiate a 30 day comment period. Fieldwork cannot start until this comment period has passed. PAA will contact the cultural resources technical staff at the appropriate tribes to identifY their concerns specific to the proposed project. PRA will conduct archival research with Department of Archaeology and Historic Preservation (DAHP) records to identifY recorded archaeological and historic resources in and around the project area. Additional research will be conducted at the University of Washington and online. PRA will also review available soils and geomorphic information. PRA will conduct an archaeological surface survey (spaced at 20 meter intervals) of the trail alignment (including areas adjacent to road crossings). Up to 40 shovel probes will be excavated spaced at 20 meter intervals along the trail alignment. Approximately 10 shovel probes will be excavated along the existing trail in HJ Carroll Park and 30 will be excavated along the proposed new trail alignment. Shovel probes will be advanced to 2' below surface based on the expected level of disturbance from the trail construction. Any cultural material identified will not be collected. Page 9 of 10 . . , PRA will summarize the findings of their work in a cultural resources technical report. Assumntions: . Client will provide written permission and rights of entry to any private properties; . Client will provide copies of up-to-date design plans, a written project description, and copies or access to any geotechnical reports. . The alignment of the new trail will staked in the field or a project representative will walk the trail alignment with archaeologist prior to fieldwork. . As the location of the wetland mitigation area has not been identified, the survey will not include evaluation of the wetland mitigation area; WSDOT will require this area to be surveyed once the area is identified. . If WSDOT requires additional field work or extensive additional reporting, those efforts will be scoped separately. . Site forms will not be completed under this scope of work. While PRA will gather information necessary to minimally document any sites that are found, preparation of required site forms will be conducted under a separate scope of work. If sites are identified but site forms are not included in the draft report, the report will not meet one of the SHPO standards. . . We will be pleased to adjust our scope of work to accommodate design changes; however, any changes may require a revision to the project scope and budget. Changes made after the signature of the notice to proceed will require a contract addendum. Deliverables: PRA will summarize the findings of our work in a cultural resources technical report. PRA will submit the draft report for review; Jefferson County will be responsible for forwarding the report to WSDOT for review. Following review by WSDOT and acceptance with minimal edits, PRA will finalize the report and submit eight bound copies and two electronic copies (in PDF format) as the finaI deliverable. Page IOofIO. ~ ,(. j;' " :Ex Gt I EXHIBIT A Coll8UIlantFee ~n-SIIII1IllllIYS_ 7-Dec-ll Version lI'5 Rick To_n MeIltOl'llll TraD, ~ I-IIJ CarroU PIIrk to Old Hadlock Road ConlraclNo. ESA DIrect Salary Cost Task Staff O_on Holn8 2011 _ Cost 1. Proj8Cl Management _ CIanoy DIrecl...1I 2 57.21 114.42 ......Krueg'" Managlng_' 18 41.35 681.eo _Noland _III - 26.04 0.00 ScoItOlmst<ld_U - 23.00 0.00 _Ra_ _III - 25.29 0.00 ___I - 22.34 0.00 Shat8.. 'f/Icmp8<<l _III - 27.55 0.00 _ea__1I - 21.01 0.00. JuIit> Bayer S8nIor Graphlca - 26.22 0.00 _ Bjom SenIor!\lJmlnlallllll 4 26.57 118.28 Su_: 884.30 2. F1llId _gallon 0.00 _ CIanoy DIrect..- II - 57.21 _Krueg", ManagIng_I 1 41.35 41;:: _Noland _III 25 26.04 755. ScoItOlmst<ld_1I 18 23.00 414.00 ___III - 25.29 0.00 ___I - 22.34 0.00 Shat8se'f/lcmp8<<l_1II - 27.55 0.00 s___1I - 21.01 0.00 JuIit> Bayer SenIor Graphics - 26.22 0.00 _ Bpm SenIor!\lJmlnlallllll 1 26.57 1~:: SUbtotal: 3. JARPA PrapandIon _Ctanoy DImcIor II 1 57.21 57.21 ..... Krueger ManagIng_' 3 41.35 124.08 _Noland _III 40 26.04 1,181.80 ScoItOlmSted _II 20 23.00 460.00 ___III 4 25.29 101.1E ___I 4 22.34 89.35 Shat8se '/1>omp$On _III - 27.65 0.00 ___II - 21.01 0.00 JuIJo Bayer SenIor Graphics 16 26.22 467.62 _ Bpm SenIor!\lJmlnlallllll 2 26.57 89.14 Su-.: 2,620.04 4. Draft SA _Ctanoy DImcIor II 2 57.21 114.42 _/Weger Mansglng_' eo 41.35 2,057.60 _NoIanfI_1II - 26.04 0.00 _Oll..tad _II 20 23.00 ~:~ ___III 8 25.29 202. ___I 8 22.34 178.'n Shat8seT1loJffpscn_1II - 27.55 0.00 ___II . 21.01 0.00 JulIo Sa"" SenIor Graphlca 8 26.22 233.78 __ SenIorAd...hMuU.. 2 26.57 59.14 su_: 3.316.118 6. FInal SA _ Ctanoy DIrector II 1 57.21 57.21 _Kmoger ManagIng_I 16 41.35 681.60 _Ndanfl_1II - 26.04 0.00 ScoItOlmSted _11 2 23.00 46.00 AanmRa_._1II 4 25.26 101.18 ___I 2 22.34 44.68 smw..'f/Icmp8<<lAaaoclaleIll . 27.68 0.00 ___II . 21.01 0.00 JuIit> Bayer $enlor Graphics 2 26.22 88.44 __ Senior AdI,lI>M_ 1 26.57 26.57 Su-.: 898.68 ~ '. t ~ B.SEPAC_ _"""'" DIrector II 2 6721 _Ktuerior ManagIng_ ( 2 41.35 SanlNDIand _III 29.04 _Olmsted _II 23.00 ~RBymond_1II 8 2529 ~_ AssocIate I 22.34 _7llompson AssocIate III 40 27.55 _es_ /IllSOCIate II 20 21.01 __ 8enIor Grapl1lcs 8 2922 _Bjork 8enIor_ 2 29.67 5_: 7. ECS Fonn _"""'" DIrector II 1 6721 6721 __or ManagIng_I 2 41.38 82.70 Sanl__1II 29:04 0.00 _Olmsted _II 23.00 0.00 Aalwl Raymond _III 8 2529 :zo2. __ Assoclate I 22.34 0.00 _7llompson _III 32 27.58 881 s""""",Esaton_1I 8 21.01 188.08 __ SanIor Graphlcs 8 2922 233.78 _Bjork SanIor_ 2 29.67 88.14 5u_l: 1884.81 B. CrIUcal Areaa Repol1Il _ClIlfIcy DIrector II 2 6721 _I<nn>ger ManagIng_I 4 41.35 Ei/1I8Ndand_1lI 24 29.04 _Olmsted _II 82 23.00 AsmnRBymond_1II 6 2529 __As.-I 6 22.34 _'/1lompsl>fI_1II 27.55 ___II 4 21.01 JofJe _ SanIor GrapI1lcs 12 2922 ...... Bjork SanIor Adl"h...b.dhle 2 29.67 -: 9. ShorelIne SU-..uaJ Development Permit , _"""'" DIrector II 1 6721 __or ManagIng_I 2 41.38 __ Assoclatelll 29.04 _Olmsted Assoclatell 23.00 AeronRBymond_lII 4 2529 ~__I 4 , 22.34 _Thompson _III 18 27.55 _Esaton _II 18 21.01 __ 8enIor Grapl1lcs 4 2922 _Bjork 8enIor_ 2 29.67 SUbtolliJ: 1 TOTAL DSC: 17,127.55 OWrll8!ld (OH cos1-lncIudIng sa!aly addlIIves) OH Rate X DSC of 209% X 17,127.58 35,788.01 _ Fea(FFj: FF Rate X DSC of l!8% X 17,127.58 4,281.89 Rebnburaables 118m BlID Rate Coat CopIes 20 $28.00 499.00 VehIcle 808 0.88 278.40 Camera 2 20.00 40.00 l.odgIng* 2 93.00 188.00 WSOOT 2011 Par Dlenl"" 2 78.00 188.00 Fetly Fees 3 35.00 108.00 Trimble GPS 2 100.09 200. ESA FEES GRAND TOTAL: $ll8,884.84 < . < Subcoll8ull8nt Fees Paragon Research Assoclales 10. CUltural Resource Assessment $9.982.00 Subtotal: 9.962.001 ESA & SUBCONSULTANT FEES GRAND TOTAL: . $98.826.84 . WSOOT 2011 lodging _ for Jeffemon County (September throU<Jh June) = $93.00 .. WSOOT approved par dlem _: braakfasl $15; Lunch $18.00; Dinner $28 = $81/day - Rate as sha.vn = 21nd1v1dusJs hav!nlllurn:h and dlnnar on ona day and braakfasl and lurn:h on the following day (Associated with RaId woll< under Task 2). Prapersd by: Slave Kruaoel 121712011 , . ~ :=JJ: Washington State "/I Department of Transportation Paula .I, Hammond, P.E. Secrelary of Transportallan July 13, 2011 T~an IluIIdIJIg 310 Maple Park Avenue s.E. P.O. 6oJl47300 Olympia, WA 98504-7300 3S()..705-7000 1TY: 1-fIOO-S33.6368 www.wsdotwagov Jean Chen, Controller Environmental ScIence AssocIates 225 Bush Street Suite 1700 San Francisco CA 94104-4248 RE: environmental ScIence Associates Overhead Schedules Ascal Year End December 31, 2010 Dear Ms. Chen: On July 12,2011, as a waOOT representallve, Laura Trainer of our office performed a desk review of your proposed Rscal Year End December 31, 2010, Overhead Schedule. Laura also completed an anaIyllcal review of Information provided to her by your firm and from your web page. The schedule was audited by the Gusman & AssocIates. CPA's for compliance with Part 31 of the Federal AcquIsItIon Regulations. Gusman & AssocIates, CPA's accepted an overhead rate of 208.95% of direct labor. The reviewed data Included. but was not IImJted 10: the ~chedule of the Indirect cost rate, a description of the company and their accounting system, and the basis for EnvIronmental ScIence Assoclate's accounting and Indirect costs. Based on our review. we are Issuing this letter of concurrence establishing environmental ScIence AssocIates overhead rates for the year ended December 31. 2010, at 208.95% of direct labor. Costs bllled 10 actual agreemeni$ wlllstID be subject to audit of actual costs. Please check with the WSOOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Ualson 10 determine when this reviewed rate wlll be applicable to your WSOOT agreement(s). If you, or any rapresantallves of environmental Science AssocIates have any questions, please contact Martha Roach. Jerl Sivertson. or Steve MoKamey at (360)705-7008. SlncereJy..U--...... .. ~A~ - . Ii. . .. ~ ~~ Martha S. Roach Agreement Compllance Audit Manager MR:ds EncJosura co: Steve MoKamey, Oltector of Intemal Audit Jer! SIvertson. AssIstant Dlteotor of Internal Audit Larry Schofield. MS 47323 Ale .~ ..!t. _f- . ENVIRONMENTAL SCIENCE ASSOCIATES STATEMENT OF DIRECT LABOR. FRINGE BENEFITS AND GENERAL OVERHEAD For the Ywr Ended December 31, 2010 Tolal Actual Unallowable Allowable Descripllop Cosls COSls and Cos18 Adjnstmenfll . Raf. Fringe _. $ 9.009.808 S (278.117.8) 1l.C.I..R. V.z. All $ 11.730.930 _I.abat "-"'" 1.s6l.3lW (291.%9) II. R. z. M 1,269.335 Rent 2.3<13.544 2.343.544 Ol/lce Supplios 193.274 (6IW) B 192.610 Comrllder SupplIes /~ 13.484 lI.2l1li B 13.223 0fI0c0 EquipmenI 19.841 19.841 Eotufpmeol- 233.399 2330399 _.....Ilo....... 120.1190 120.11'10 EquipmenI- 31.724 31.724 ToklpIQe 599.616 599.616 Postage I1IMlI (521) B 10ll.ll9U MadleIlngSllllPiiOsa ~ 5lI.m (SO.124) II "'If l,flili.y& F'wtJ..a.._ 7JlllO (7.0lI0) A .....--.u 6<1.731 6<1:1.37 Canfmenc8/ilIIllUlings lrom (62.233) B 41.139 DUn-' &.t""""lI'lV.~ 116.402 116.402 RecndIlogIlo~, 129.274 (86.197) C 43.011 Aitfala 111ll.814 (1U62) B 87.232 Oll1otTrlMllIl"'---' 5S6.816 (296,9.1G) B.\). I!. F.N.Y . 259.901 Etnpfa,ee -- 91.ll83 (9I,oas) B.Q.\) LogaJ 110 IlcGaImIing I'Ea 327.711 (132.320) 1l.Z 19U91 - 312.2U 313,143 ~r-.- It 208.461 (29;49'1 11.1- 1711.966 ~_ald~ 11JllJW2 1911.842 ~~ 2l1.2ll8 (2l1.28li) t1 BIld_~ 2111.923 (2111.923) II I!SOP~ 67.079 67.079 r-: ~ ~1I (24.150 1124.1501 I Cool RecaiveJr (499.0071 (706) B 1499.7131 ~CooIRecqwrJ 1513.462) (lVI) B 1513.6521 0.,. :.all ~"'~1iIalIDo 816.179 (lI1.WI) T 794.118 "-endP~ 102.765 102.165 Otherb~ 1 ..... 3.679 (J.6791 K -- (16.0\22) 16.0\22 K -~ 54.18(, (S4.1lI6l K va~ 153.43S (IS3.43S) AD T....1lxpOMe 14.7'12 (14.172) AD TOlllI $ 23.Ill8,U2 .$ . . /iJI1t~I $ 21.1/6,909 . ENVlRONMl<;NTAL SCIENCE ASSOClA TKS !>'TATEMENT OF DIRECT LABOR, fllUNGl!: BENEFITS AND GENERAL OVERHF.AD Fur the Year Ended December 31. ZOIO References: A .\dmtlslnllwlIlUo,,".hlBpor4ll 01l 3I,205-I(bl II M",~.1/o9umillowublo pet 48l:t'1l 3 I .2lIS-11O L" Ra:rulllng ami Rdoauion umdlln_ per 4ll CI"! 3 1.21JS.3S I) Glib! umd1ownhl. pet 48 Cl'R 31.2\lj.13lb) " 1'......l.udllIuS... perdl<m Il\1lIIkM!bJo p:r 48 01\ 31.205-14. JI.21JS.46& WliOOT ...Iky F Alcultol umdlownhl. per4ll t,.'tJl.2tl5-SI t; C'1Il1ribudllllll umd_ per48 Cl'll J I.20S-8 H u..IDolltSlJll!l-.......4Rt1'R31.21JS.3 I M_I__n__por4IH:FR JI..!O'-~ ) 1:m....lIllIlU""'llI,.. per 48 CPR 31.205-15 It In........ umdlu\\'nblc per 48 U'R 3 1..!OS-:!tJ I. VllIucliahancl:mcnlllltcllllvcunalfownble )lIlt48 CFR 31.206-6(1) ami WSDOT...llcy M Cn:dlllcluolO Fctk.'mIlJcllmldT~ncg_,1lIldIownhIc )lIlt48CFR 31.2IJS.2tI(b) N AIIo_ rorolllalnlumd"""""'"JlllI'....Cf.1\ 31.201-4ondJI.2IJS.I3{b1 (l IJnto:ruiinmo:n unuIlo\tuhl. p..-48 CPR 31.2IJS.14 t' Mmbllnp Iubur umill""'tbl. pet.... Cl'1lJI.2lIS-I(I) Ii li<IlkIay Pnrty fi>.........1n ,"""""arm"", _ UlIIIIIO\WIlloper48 Cl'1l3t..!OS-14 & MDO"Jll~' It Ik....._I'nlmiutn -_)lilt WSllOTJll4ky S I.obbylnllIsIlllldlowubJuper48CFRJI.2tJS..22 1 Amortization 1lIIllI1owIIblcp<r4S Cl"tJl.2lJS.4V t 1'rdcmI ondS_lncOlUl> T", Proponuion... _I. .....48 Cl'1l :<1.205-41 (b) (\~ 4ll CPR JI.2CII-61lt1d WllOOTPoIIcy II hlmnufr"" 1'n.'J'lII11lIon In.......nrS2S0.flll Y i'l:r.J8 CPR JI.20S-J.I uud wsDOl'M IU1 ;r J(""'l\llIlI>.atlnnlllld~Ullllllu_"'I'^R31.2os..J7 .\.-\ Jt,_~I'AR31.2llS-6 ..\I! V.........llcl..ionllk..._YmI , -7- , ENVIRONMENTAL SCIENCE ASSOCIATES INDIRECf COST RATE FRINGE BENEFITS SCHEDULE For the Year Ended December 31, 2GIG LABOR: Direct Labor $ 10,106,286 Indireet Labor 7~~61 ,3{)4 TOTAL LABOR S 17,667,590 FRINGE BENEFITS: PICAlEmpJoycr Portion $ 1,477,133 I'ederal Unemploymenl Ta.'! 33,356 Slale Unemploynuml Tax 118,840 WorkeF's Compensalion IllS\II'llnce 162,755 401(k) Employer Malching 266.208 ESOP ContnDulion 740,936 lrn:cn1ive Compensation Program 1.273.818 MedIOllIIIlSlll1ltlL'e \.475.969 IJcntalln!lUtllllCll 177,416 Group Tenn InSUl'lUlce \12.92\ Bonuses 301,607 Vacllllon Pa)' \.293,536 Sick Leave 486.587 Holiday Pay 764.305 Perllnnal J.oavc 17,720 Visiun insurance \7,355 Berea~t Leave 6.93\ JIIlY DIllY 8.093 Sevemnee 27,461 Commuter Checks 28.0112 Olho:r Employee Benefits 69.420 Stac!< OpliOll \49,366 TOTAL FRINGE BENEFITS S 9.lUI9,B08 FRINGE RATE 5Uo/. ~. I I eAbtl u' Exhibit G.1 CLARK LAND SUBTOTAL PER SUBTOTAL PER SUB CONSULTANT SCOPE (survevinal HOURLY TASK FOR SUB PHA9EFORSUB OFFICE HOURS ~" CONSULTANT CONSULTANT SCHEMATIC DESIGN to 30% COMPLETION toooaraohic maooina with wetland boundaries, soil test holes, existina structures, utilities 24 $94.12 $ 2,259 toooaraohic maooino with wetland boundaries, soil test holes, existina structures, utilities 24 $65.25 $ 1,566 draftina 9.339 $49.59 $ 463 subtotals each nhase $ 4268.00 TOTAL ESTIMATE HOURS 33.339 TOTAL ESTIMATE COSTS $ 4,288.00 < ." , . CLARK LAND OFFICE- EXHIBIT G2 Consulllmt Fee Determination - Summary Sheet (~ific Rates of Pay) Fee Schedule DIRECT SALARY COST: Hourly Overhead Profit Rate Discipline or Job rrtle Rate @126% @35% per Hour P L.S. - Co-Ownerl Advisor $36.06 $45.44 ID&2 $94.12 Prot: Land Survevor. Princil'al ~ $45.44 $12.62 ~ PrQfessional Land Smvevor ~ ~ ~ ~ Field Partv Chief $20.00 ~ mm ~ Senior Auto CAD Technician $19.00 ~ ~ $49.59 Pennit Processinl!' Technician $16.00 ~ ~ ~ Survey ChAlnmA1l $12.00 lliJ2 $4iO $3132 DIRECT NON-SALARY COST: Milea2e "NlA Outside Costs for Countv Fees Varies The Rates per Hour shown are inclusive of actua1 salaries, overltead, profit, tools, and equipment necessmy or incidental for the completion ofwotk specified in the Agreement. . .,. ~. . Exhibit H Title VI Assurances During the perfonnance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shan 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 wnended 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 perfonned during the AGREEMENT, shan 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 shan not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be perfonned under a sub-contract, including procurement of materials or leases of equipment, each potential sub-consultant or supplier shan be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Infonnation and Reports: The CONSULTANT shall provide all infonnation and reports required by the REGULATIONS or directives issued pursuant therato, and shall permit access to its books, records, accounts, other sources ofinfonnation, and its facilities as may be detennined by AGENCY, STATE or the Federal Highway Administration (FHW A) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any infonnation required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this infonnation, the CONSULTANT shan so certifY to the AGENCY, STATE or the FHW A 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 FHW A may detennine to be appropriate, including, but not limited to: . Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; . Cancenation, termination, or suspension of the AGREEMENT, in whole or in part 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHW A may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as. a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. '., ~ Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fanlt of the Consnltant (Refer to Agreement, Section IX) Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct non salary costs incurred at the time of termination of this AGREEMENT. -",. 4.- ... . . Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to detennine if a consultant's alleged design error is of a natore 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 I - 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 the 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 Highways and 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 ofIabar, 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 manger 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 H&LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, ifany. as to how the settlement affects federal reimbursements. No further action is required. -~ 1. ..... . . There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may requestthat.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. Step 5 - Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHW A. H&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 necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&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 reflect the agreed upon resolution. H&LP, in consultation with FHW A, 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. . , . ~ ~ Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total 0[$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested 1hat the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consnltant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 - Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: . Summation of hours by classification for each firm that is included in the claim; . Any correspondence that directed the consultant to perform the additional work; . Timeframe ofthe.additional work that was outside of the project scope; . Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and . Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 - Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will meet with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHW A is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through 1he Region Local Programs Engineer, if the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHW A (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. , (. ... .j. 4 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 - Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: . Copy of information supplied by the consultant regarding the claim; . Agency's summation of hours by classification for each fIrm that should be included in the claim; . Any correspondence that directed the consultant to perform the additional work; . Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; . Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); . Explanation to describe what has been instituted to preclude future consultant claim(s); and . Recommendations to resolve the claim. Step 4 - Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of 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 Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 - Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s).lnclude 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 andlor 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. .f i ;. · Exhibit M-l(a) Certifieation Of Consultant Project No.: 18018150 Loca1 Agency: Jefferson County I hereby certifY that I am /otWICffl NMC/tVO and duly authorized representative of the firm of _Nakano Associates LLC _whose address is_3609 S. Mount Baker Blvd., Seattle W A 98 I 44_and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with earrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely fur me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or earrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. ZP( oee, 'J,Q f I Date {ww~ Signature .f ~_ i. II '" Exhibit M-l(b) Certification Of Agency Official I hereby certifY that I am the AGENCY Official of the Local Agency of _Jefferson County-, Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any fmn or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Name ~~~..;u~c.. (please print) Sign~~~~ _ Date /,?". 1'1 ~,:! f.'" . . Exhibit M-2 CertifieatioD Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Tl'IIDSIletions 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 1ransactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or bad a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfonning a public (federal, state, or local) transaction or contract under a public transaction; violation offederal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph I( B) of this certification; and D. Have not within a three (3) year period preceding this application/proposal bad one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm):_Nakano Associates LLC Name IC6NlaH jA/MCItM:J ~~ Signature: President or Authorized Official of Consultant Z4J I?~c 'kill Date -(- .~ ... - Exhibit M-3 Certification Regarding The Restrictions of The nse of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best ofms or her knowledge and beliet that: I. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation offact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.s. COde. Any person who fails to file. the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language oft;bis certification be included in all lower tier subcontracts which exceed $100,000 and that all such sub-recipients shaUcertifY and disclose accordingly. . Consultant (Firm): Nakano Associates LLC Name I~N (CH{ Iv' 1T7~ (please print) ~ ~ 7.P? Oee '2.0// Signature: President or Authorized Official of Consultant Date