HomeMy WebLinkAbout012312_ca04
Department of Central Services
o Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To:
Board of Commtssioners .
Phitip MorLey, County Administrator
From:
lor,ing Bemis, Facilities Foreman
Agenda Date:
January 23,2012
ConsuLtant Agreement with BOLA ArchiteCture + Planning
Jefferson County Courthouse Roof Stabili~ation Project
Project No. 301 5941839 - Contract Amendment
Statement of Issue: Procurement of Architecture and Engineering design services with
BOLA Architecture + PLanning for the Courthouse Stabilizatioh Project was obtained in
2010. To finaLize the project, Jefferson County desires BOLA Architecture El: PLanning to
continue providing services under the same contract terms with an extended completion
date of December 31,2012. .
SliIbject:
AnaLysis/Strategic Goals/Pro's El: Con's: This project is part of the ongoing program for
the rehabilitation of the Jefferson County Courthouse, a NationaL Historic landmark.
FiscallmpactlCost Benefit Analysis: The contract maximum amount is $170,000.
Funding is provided by LocaL funds. Reimbursement grant funds will appLy for a portion
of costs aj: the compLetion of the construction phase.
Recomn'lendation: The Board is asked to signthe attached three originaLs of the
Contract Amendment #1 and return to CentraL Services. This will permit the design/bid
phase to be finalized for this project.
Reviewed By:
Phil
I /;9;/ ~
Date
CONTRACT AMENDMENT #1
WHEREAS, Jefferson County, a political subdivision of the State of Washington, hereinafter
"the County" and BOLA Architecture & Planning, hereinafter "the Consultant," entered into
Standard Consultant Agreement (for Courthouse Roof Stabilization) on November 8, 2010; and
WHEREAS, the completion date in that Standard Consultant Agreement (or "the Agreement")
was December 31, 2011 a date now in the past; and
WHEREAS, the parties to the Agreement are desirous of continuing to perform pursuant to the
Agreement into 2012 under the same terms and obligations laid out in that Agreement except as
stated below, and
WHEREAS, good and valuable consideration has been exchanged for this Contract
At:q.endment,
NOW, THEREFORE the Agreement is modified as follows:
1. The completion date 1isted in the Agreement is repealed and a new completion date of
December 31, 2012 is inserted into the Agreement.
AND THE PARTIES FURTHER AGREE:
That all other terms ll.1;1d obligations expressed in the Agreement shall remain in full force and
effect including, but not limited to, any scope of work made part of the original Agreement
By
Dated {//ht.. /~ ,2012
ii'
By
John Austin, Chair, Board of Commissioners
Dated
,2012
A
"}/7 ]/2.;
David Alvarez, Deputy Pr
. g Attorney
CONTRACT AMENDMENT #1
WHEREAS, Jefferson County, a political subdivision of the State ofWasbington, hereinafter
"the County" and BOLA Architecture & Planning, hereinafter "the Consultant," entered into
Standard Consultant Agreement (for Courthouse Roof Stabilization) on November 8, 2010; and
WHEREAS, the completion date in that Standard Consultant Agreement (or "the Agreemenf')
was December 31, 2011 a date now in the past; and
WHEREAS, the parties to the Agreement are desirous of continuing to perform pursuant to the
Agreement into 2012 under the same terms and obligations laid out in that Agreement except as
stated below, and
WHEREAS, good and valuable consideration has been exchanged for this Contract
Amendment,
NOW, THEREFORE the Agreement is modified as follows:
1. The completion date listed in the Agreement is repealed and a new completion date of
December 31, 2012 is inserted into the Agreement
AND THE PARTIES FURTHER AGREE:
That all other terms and obligations expressed in the Agreement shall remain in full force and
effect including, but not limited to, any scope of work made part of the original Agreement
By
Dated rJ~
/1.
.2012
By
John Austin, Chair, Board of Commissioners
Dated
.2012
Approved as to Form:
rD
I JI7 } f2-
Attorney
CONTRACTAMffiNDMffiNT#l
WHEREAS, Jefferson County, a political subdivision of the State of Washington, hereinafter
"the County" and BOLA Architecture & Planning, hereinafter "the Consultant," entered into
Standard Consultant Agreement (for Courthouse Roof Stabilization) on November 8, 2010; and
WHEREAS, the completion date in that Standard Consultant Agreement (or "the Agreemenf')
was December 31, 2011 a date now in the past; and
WHEREAS, the parties to the Agreement are desirous of continuing to perform pursuant to the
Agreement into 2012 under the same terms and obligations laid out in that Agreement except as
stated below, and
WHEREAS, good and valuable consideration has been exchanged for this Contract
Amendment,
NOW, THEREFORE the Agreement is modified as follows:
1. The completion date listed in the Agreement is repealed and a new completion date of
December 31, 2012 is inserted into the Agreement.
AND THE PARTIES FURTHER AGREE:
That all other terms and obligations expressed in the Agreement shall remain in full force and
effect including, but not limited to, any scope of work made part of the original Agreement.
By
Dated {/tta. /1, ,2012
Title:
For Cons
By
John Austin, Chair, Board of Commissioners
Dated
,2012
T~"FO. '}I7]IL
David Alvarez, Deputy Pro uting Attorney
CO\?1
Jefferson County
Board of Commissioners
Agenda Request
Department of Public Works
o Regular Agenda
Page 1 of 1
~re(GlEUW[E~
~ I "~. 'I
!'JC\ ~'!.~.:ji..i
"
.-
<
From:
Board of Commissioners
Philip Morley, County Administrator
Frank Gifford, Public Works Director ..:lid
November 8, 2010
JEfFERSON COUNTY
PUBLIC WORKS DEPT
To:
Agenda Date:
Subject:
Design Services Contract with BOLA Architecture + Planning
Jefferson County Courthouse Roof Stabilization Project
Project No. 301 5941839
Statement of Issue: Procurement of Architecture and Engineering design services with
BOLA Architecture + Planning for the Courthouse Stabilization Project. This contract
includes services from Design through Contract Closeout. Written direction from Public
Works (JCPW) is required to advance from one phase of the design services to the next.
Analysis/Strategic GoalslPro's 8: Con's: This project is part of the ongoing program for
the rehabilitation of the Jefferson County Courthouse, a National Historic landmark.
This retrofit work will mitigate hazard to the structure In the event of a seismic event
and/or severe wind. The need for this project is the result of deterioration of historic
materials, as well as the design and construction methods used at the time of original
construction. Structural and water Intrusion issues will be addressed.
Fiscal Impact/Cost Benefit Analysis: The contract maximum amount is $170,000.
Funding is provided by local funds. Reimbursement grant funds will apply for a portion
of costs at the completion of the construction phase.
Recommendation: The Board is asked to sign the attached three originals of the
Standard COA5ultantAgreement and return to thePubl.ic Works Department. This will
permit the design phase to begin for this project.
Department Contact: Gordon Ramstrom, 385-9380
ator
Ilhlo
Date
CONTRACT REVIEW FORM
CONTRACT WITH: BOLA Architecture + P!annin
(Contractor/Consultant)
CONTRACT FOR: Design Services Contract for the:
Courthouse Roof Stabilization Project
Project No. 301 594 1839
RETUllN TO:
RETURN BY:
October 14, 20W
.
IE
...00000~~n:.
'bnll\V'orkS .
For More lldonna1ionContaet:
Contoet PhQ1lll fl.:
Gortl9D lbmstrom
385--9380
AMOUNT: $170,000.00
Fund:
Revenue:
Expenditure:
PROCESS:
~ Exempt from Bid Process
X Consultant Selection Pro s
Cooperative Purchase
Competitive Sealed Bid
~ Small Works Roster
Vendor List Bid
RFP or RFQ
Other
Matching Funds Required:
Sources(s) of Matching Funds
301 000010
Fund Balance
301 000 010
59410.41.000
No
Step 1:
REVIEW BY RISK,
ed for revision (See'Comments)
Review by:
Date Reviewed:
J8[' APPROVED FORM
Comments
f
Step 2:
Step 3: (Ifrequired) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
, ORIGINALS
Step 5: SUBMIT TO DOCC FOR APPROVAL
Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place <<Sign Here" markers on all places the Boee needs to sigo.
MUST be in BOCC Office by 5 p,m, TUESDAY for the following Monday's agenda.
('iIIhis form is to stay with contract throughout the contract review process.)
Local Agency ConsultantJAddresslTelephone:
Standard Consultant BOLA Architecture + Planning
Agreement 159 Western Ave. West Suite 486
l8:IArchileclurallEnglneerlng Agreement Seattle, WA98119
TeI2lJ6..447-4749
o Personal Services Agreement
Agreement Number Project TItle And Work Descrlption: -
Federal Aid Number Jefferson County Courthouse
Roof Stabilization Project
Port Townsend, WA 98268
Agreement Type (Choose one) County Project No. 301 594 1939
o ,"ump Sum DBE Participation ~
Lump Sum Amount $
o Cost Plus Fixed Fee o Yes l8:INo %
FederallD Number or Social Security Number ~
OVerhead Progress Payment Rate _%
OVerhead Cost Method
. 0 Actual Cost Do you require a 1099 for IRS Completion Date
o Actual Cost Not to Exceed _%
o FIXed Rate o Yes l8:INo December 31, 2011
FIXed Fee $ .
l8:I Specific Rates Of Pay Total Amount Authorized $164.109.00
l8:I Negotiated Hourly Rate
o Provisional Hourly Rate Management Reserve Fund $5.891.00
o Cost Per Unit
Maximum Amount Pavable $170.000.00
Index of Exhibits (Check all tbat apply):
Exhibit G-2 Fee-Sub S ifie Rates
Exhibit G-3 Sub Overhead Cost
. ExIn"bit H Title VI Assurances
ExIn"bit I Pa ent U n Termination of A ment
ExIn"bit JAIl ed Consu1tantDesi Error Procedures
l8:I'Exhibit K Consultant Claim Procedures
ExIn"bit L Liability Insuraoce Increase
ExIn"bit M-ta Consultant Certification
ExIn"bit M-Ib A en Offieial Certification
l8:IExhibit M-2 Certification
ExlnDit M..3 Lobb' Certification
ExIn"bit M-4 Priem Data Certification
A . 31.910 S lemental Si P e
THIS AGREEMENT, made and entered into this day of ,
between tb,e Local Agency of Jefferson County, Washington, hereinafter called the <<AGENCY", and
the abOve organization hereinafter called the "CONSULTANT"
,
DOT Form 140-089 EF
Rovised3l2OO8
I
Revised 10106109
Pw JonnslconlalCllconsultdoc
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 COIIIIIljtment and therefore
deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessmy
services for the PROJECT; and
WHEREAS, tile CONSULTANT represents that helshe 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 incorpomted and made a part hereof, the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined
and neCessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all
services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in
this AGREEMENT.
n Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit" A-I"
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 individua1s
shall receive advance approval by the AGENCY. Necessmy contacts and meetings with agencies, groups,
and/or individuals shall be coordinRted through the AGENCY. The CONSULTANT shall attend coordination,
progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County
officisls, groups or individua1s as may be requested by the AGENCY. The AGENCY will provide the
CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimmn
required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in
Exhibit "A-I."
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 SUBCONSUL T ANT, shall not discriminate on the basis ofmee, color,
national origin, or sex in the performance of this contract The CONSULTANT, and each
SUBCONSULTANT, shall carry out applicable requirements of 49 CPR Part 26 in the award and
administration of US DOT-assisted contmcts. 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 Enterprises (WBE), shall besliown on the .
heading of this AGREEMENT.lfDlM!WBE firms are utilized, the amounts authorized to each firm and their
certification munber will be shown on Exhibit (not applicable) attiIChed hereto and by.thisreference made a
part of this A6REEMENT.lfthe 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.
2
Revised 10106/09
Pw Jonnslcontmcticonsu1ldoc
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be
returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in
Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files,
prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of
service for this PROJECT, and are the property of the AGENCY. Rense 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 sha\l not begin any work under the terms oftbis AGREEMENT until
authorized in ~ting by the AGENCY. This is to include written authorization from the AGENCY
to progress from {)ne phase to the next phase.
All work under this AGREEMENT shall be completed by the date shown in the heading of this .
AGREEMENT under completion date. Work progress to be in conformance with the Project Schedule in
Exhibit A-I.
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 govermnental actions or other conditions
beyond the control of the CONSULTANT. A prio'r 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 "0-3" attached hereto, and by reference made part of this
AGREEMENT. Such ~yment shall be full compensation for work perfotmed or services rendered and for all
labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT
shall conform to.aIl applicable portions of 48 CFRPart 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the
State Auditor, and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub-Contracting
The AGENCY permits sub-contracts for those items of work as shown in Exhibit "0" 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 "0-3."
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, overhe8d, direct non-salary costs and fixed fee costs for the sub-consultant shall
be substantiated in the same manner lis outlined in Section V. All sub-contrscts 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.
3 Revised 10/06/09
Pw jormslcontractlconsuIt.doc
vn 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 diseretion. to deduct from
the AGREEMENT price or consideration or otlHlrwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift, or coutingent fee.
Any and ail employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required, of the CONSULTANT under this AGREEMENT, shaII be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may ~ 1Il1d!3r any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged.,l1nd 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,
sha1l be the sole obligation and ~nsibility of the CONSULTANT.
vnr 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 100-759)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49CFRPart21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of1964, the CONSULTANT is bound by'theprovislobsof
Exhibit"H" attached hereto and by this reference made part of this AGREEMENT, and shall include 'the .
attached Exhibit "H" in every sulH:ontract, inclJ!ding procurement of materia1s 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.
4
Revised 10/06/09
PwJonmlcontractlconsult.doc
, ,
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a fina1 payment shall be made to the CONSULTANT as shown in Exhibit "I" for the ~ 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 abov~
then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for ~
excess paid.
If the services of the CONSULTANT are terminAtM 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 1:I\e
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 ofterminlltion, the cnst to the AGENCY of
employing another firm to complete the work required and the time which may be required to do so, and otlter
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 b~eJl
made using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S
failure to perform is without the CONSULTANT'S or 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, partner or officer of the CONSULTANT or any of its supervisOI)'
persounel assigned to the PROJECT, or dissolution of the partnership', termination of the corporation, or
disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby
agree to complete the work under the terms of this AGREEMENT, ifrequeSted 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 memben of
the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment s1uill
be made as set forth in the second paragraph of this section.
Payment for any part of the work by the AGENcY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as
necessary to correct errors appearing therein, when required to do so by the AGENCY,without additional
compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously
satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such
revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as
herein provided under Section XIV.
5
Revised 10/06109
Pw Jormsfcontructlconsuitdoc
XI Disputes .
Any dispute concerning questions offact in connection with the work not disposed of by AGREEMENT
between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public
Works or AGENCY Engineer, whose decision in the matter shaJI be final and binding on the parties of this
AGREEMENT; provided, however, that if an action is brought cbaJIenging 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 nuder the procedures found
in Exhibit "K".
XII Venne, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to inatitute legal action or pfoceedings 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.
XIII Legal Relations
The CONSULTANT sbaJI comply with all Federsl, State, and local laws and ordinances applicable to the
work to be done under this AGREEMENT. This contract sbaJI be interpreted and construed in accordance with
the laws of the State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and its officers and employees harmless from
and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole
or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;
provided tltat nothing herein shall require a CONSULTANT to indeumify the AGENCY against and hold
harmless the AGENCY from claims, demands or suits based solely upon the conduct of the AGENCY, their
agents, officers and employees; and provided ftnther 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, 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 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 sbaJI be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW
42.23, which is the Code.ofEtbics for regulating contract interest by municipal officers. The CONSULTANT
specifically assumes potential liability for actions brought by,the CONSULTANT'S own employees against
the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically
waives any immunity under the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT (see EXIllBIT A-l).the AGENCY sbaJI be responsible for
administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole
source, or an acceptable supplemental agreement, the CONSULTANT sbaJI provide Oh-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 CONSULTANTsball 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
6 Revised 10106109
Pw JOnnstcontiactJconsultdoc
,
Commissioner pursuant to Title 48 RCW,
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance 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) insurance in the amount of not less than one million
dollars ($1,000,000) combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT
slia11 furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT.
The AGENCY reserves the right torequil'll complete, certified copies of all required insurance policies at any
time,
All insurance shall be obtained from an insurance company authorized to do bnsiness 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 STATE may take such other action
lis 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. . .
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for,
performance of any part of the work under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make
an equitable adjustment in the (I) maximum amount payable: (2) delivery or completion schedule, or
both: and (3) other affected terms and shall modify the AGREEMENT accordingly. .
C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as
"CLAIM", under this clause within thirty (30) days from the date of receipt of the written order.
However, if the AGENCY decides that the factsjusti:fY it, the AGENCY may receive and act upon a
CLAIM submitted before fmal payment of the AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in
this clause shall excuse the CONSULTANt from proceeding with the AGREEMENT as changed.
7
Revised 10106109
Pw JOrlllSlcontract/cpnsuItdoc
E. NotwithstandinS the terms and conditions of p8I'llf!l'aphs (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 applicllble, the CONSULTANT shall place their endorsement on all plans, estimates, or any other
ensineering data furnished by them.
XVI (NOT USED)
XVII Certification of the ConsnItant and the Agency
Attached hetetoas Exhibit"M-I (a and b)" are the Certifications oftl)eCONSULTANT 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 "M4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in
AGREEMENTS over $100,000 and Exhibit "M4" is required only in AGREEMENTS over $500,000.
xvm Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by
the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound
by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes,
a/nendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the
parties as an amendment to this AGREEMENT.
XIX Execution and Acceptance
This AGlmEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identica1legal effect. The CONSULTANT does hereby ratiiY and adopt all statements,
representations, warranties, covenants, and agreements contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms
and conditions thereof.
8
Revised 10106109
Pw _formslcontractlconsultdoc
In witness whereot: the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
EPt-A ~Y~~-r
Consultant C/~'7' u~aif
COUNTY OF JEFFERSON
1>Md~~. 'tlbl'O
c9,p/~
Approved as to fonn ol}ly this Zb .b
~~~(~~-1L
my Prosecuting Attorney 0
9
Revised 10106109
Pw jormslcontmct!consuitdoc
EXHIBIT A-1
SeopeofWork
Project No. 301 594 1839
Project Description: .
Subject to verification of existing conditions and systems, the Consultant understands that the project scope ..
entails implementation of the first phase of the Courthouse Main Bui]ding Roof Leve] Seismic Upgrade. This
is descn"bed in one paragraph in the Final Draft of the Pre-Design Report by Degenkolb Engineers for the
Rehabilitation of the Jefferson County Clock Tower Rehabilitation, dated Februaly ]8, 2004. The report states
that "in the first phase, the existing attic flooring will be removed and replace (sic) with plywood sheathing to
create a. diaphragm supporting the existingmasoniy walls in out-of-pIane bending. The attic floor will be
anchored to the exterior walls. Plywood shear walls will be constructed from the interior masonry wal]s to the
underside of the roof."
As noted at the building walk-through on August 5, 20] 0, the insta1lation of the new plywood impacts not only
the attic floor itself; but also the mechanical and electrical systems located in the attic. It also seems prudent to
address the deteriorated structural and roof drainage elements within the current project scope if financially
feasible. The final construction design scope will be subject to the development of the SD and DD documents
and related cost estimates. .
The Jefferson County Courthouse was designed by Willis A. Ritchie ofSeatt1e in the Romanesque Revival
stYle. It was completed in 1892, and is listed on the National Register of Historic Places and is a National
Landmark. All work performed on the building should be guided by the Secretary of the Interior's Standards
for the Treatment of Historic Properties, and will reviewed and approved by the Port Townsend Historic
Preservation Committee. Partial funding for the project is provided through the Historic Courthouse Grant
Program which subjects the project to review and approval by the State of Washington Department of
Archeo]ogy and Historic Preservation and Washington Trost for Historic Preservation.
Design scope assumptions:
· remove existing attic flooring if necessary and replace with plywood sheathing to create a diaphragm and
connect the attic floor to the exterior masonry walls.
· install plywood shear walls from the top of the interior masonry bearing walls to the underside of the roof
framing
· repair deteriorated roof framing at deteriorated downspouts and gntters
· repair copper gntter and collector system in conjunction with downspout repair item below.
· repair deteriorated internal downspout connections
· modifY existing mechanical piping and exhaust ducts as necessary for the removal of the existing wood
attic flooring and installation of new plywood sheathing
· relocate/modifY existing electrical conduit/wires/equipment as necessmy for the removal of the existing
wood attic flooring and insta1]ation of new plywood sheathing
· remove existing insulation and replace with new
· repair interior pIaster and wall surfaces at repaired downspout connections and new seismic roof to wall
ties
The scope of work for Schematic Design (Scaping) will ine]ude: ]) site visit and meeting with project team (in
Port Townsend) to discuss scope; 2) one additional site visit for field verification; J) review of existing
documentation; 4) evaluation of proposed structural solutions; 5) development oflnvestigation scope; 6) as-
built base plans for mechanical, plumbing, electrical, structural and architectural; 7) and written narrative of
proposed concepts with cost estimates for the scopes of work.
Revised 10//05/09
Pw Jonnslcontractlconsult.doc
,. ...
.
The scope of work for Design Development will include: I) development of phasing strategies and cost
estimates; 2) review investigative demQlition review; 3) develop acoustic testing strategies; 4) review
concepts with local and state review agencies; 5) one (1) group meeting with stakeholders to review
construction impacts; 6) one (I) evening meeting with community; 7) one (I) progress meeting; 8) pre-design
meeting with Port Townsend Development Services Division (DSD); and 9) drawings, written narr.atives and
outline specifications.
The scope of work for Construction Documents will include: I) one (I) public meeting with Courthouse
stakeholders; 2) review of concept with the Department of Archaoo1ogy and Historic Perseveration (DAHl');
3) Intake meeting with Port Townsend oDSD; 4) Presentation to Port TOWRSllIld Historic Preservation
Committee HPC; 5) assistance with qualifying contractors; 6) up to eleven (II) Division I specification
sections by BOLA; 7) cost estimate and proposed construction schedule; an<l 8) drawings (plans, elevations,
sections and details) and specifications for biddblg.
The scope of work for Bidding will include: I) attendance at one (I) bidder's walk-through; 2) clarification of
questions during bidding and preparation of one (I) addendum; and 3) review of contractor's qualification and
evaluation of bidder's responses.
For Construction Administration our scope ofwill include: I) attendan\Xl at one (1) pre-Constructioa Meeting;
2) Thirteen weekly site inspection and construction meetings with notes (split between BOLA, Heckscher
Consulting and Degenkolb; 3) evaluation of three (3) pay requests; 4) discuss scope issues with contractor; 5)
prepare change orders; 6) review RFI's and submittals; 7) prepare punch-list and "back-punch"; and 8)
construction contract closeout items.
The following tasks are excluded from this Scope of Work:
a) Additional scope of work tasks, except as extra services negotiated between Jefferson County Public
Works and the Consultant
b) Additional meetings, site visits, and/or presentations to other agencies or the public not listed above
c) Printing and/or distribution of review and final documents in excess of 1 set each
Revised IOI/(JS/09
Pw JormsIcontmctlconsultdoc
I-
,0
w
a
0:
1).;.
Z
o
,~
,~
I-'
:0
u... 10
8 g
'0:
W
o
':::l
o
~
:J
o
t~
z"i
:Ji
~ll
~ll!
0: ' q
W"'_
I:l:~-
!!j8~
EXHIBIT A-1 OUTLINE PROJECT SCHEDULE
Jefferson County Courthouse Roof stabillzallon Project
",~'ll
ii~~
',i'{,
YJ;n
I,I
,& t'ilI.
~ h~
,{gl;
>;~~
~;:f
~i*
f- .
'~:;;J
,..
!f;!l'
~[ik
';,:
.-.,"'.
f. +.+
I
~~,:
~~
~fl
'.~!1
~~~'
'/f'~'
$,1./:"
>l~1!' 'I I
:~?! 1- -i" _.~..
I "
i,'
e.'
-
r
';1 .
l- e,
, {4
.t~l
f-J
H
if- f-'
'L'l
t, f- I
jl
i i
I
+.
, I
-4-, --(
-
g
" I
I
I ,
I
I
l
j7~ )
g:'t' I
Ol1:~-" I
:l;i'i"
l-
I-
(,
8~t.
.-1
Ii:~~f
m~
4%
;
I I
I I
, '
~- ...
I- ;
I- .
rll'
."
--I~
;~
1;."0-
~
--~,"
iJ1
{"
ti%
t..-
1'10:"
"W
I ' t ~ I
;.l.
.~
i ldll~ II; IW II~oll hi' I" r
,
, .
,
EXHIBIT C
EIeetronlc Exchange of ArehltecturelEngineeriog and Other Data
Files to be provided to the AGENCY on CD or DVD, in the format as follows:
I. Drawing files in AutoCAD 2609,
II. Specifications in 2007 MS Work.doc format
ill. Photos in (Jpg) format
Revised 101105/09
PwJorms/contractfconsultdoc.
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 co~pensation for work performed or
services rendered and for all labor, materials, supplies, equipment, and incidentals necessmy to complete the
work. The CONSULTANT shall conform to all applicable portions of 48 CPR 31.
1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "B-2" and "G-2" 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 previOIlS period, the rates
listed in this AGREEMENT, or subsequent written aut\lorization(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-Sa1my Costs: Direct Non-SaJmyCosts will be reimbursed at the Actoal Cost to the
CONSULTANT. These charges may include, but are not limited to the following items: travel, printing,
long distance telephone, supplies, computer charges, and sub-consultant costs.
a. Air or train travel will be reimbursed only to economy claSs levels unless otherwise approved by the
AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs
(excluding air, train. and rental car costs) in accordance with the AGENCY'S Travel Rules and
Procedures. However, air, train, and reuta1 car costs shall be reimbursed in accordance with 48CFR
Part 31205-46 "Tmvel Costs."
b. The billing for Direct Non-Salmy Costs shall include an itemized listing of the charges directly
identifiable with the PROJECT.
c. The CONSUL TANTshall maintain the original supporting documents in their office. Copies of the
original supporting documents shall be supplied to the AGENCY upon request
d. All above charges must be necessary fur 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 anthorize additional funds to the
AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional \york
beyond that already defined in this AGREEMENT. Such anthorization(s) shall be in writing and shall
not exceed the lesser of$1 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 fond may not be replenished. Any changes requiring additional costs in
excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra WOIk."
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 MaiJagement Reserve Fund. The Maximum Total Amount Payable does not include payment
Revised 10/105109
Pw JormslcontracllconsuJtdoc
, ..
for Extra Work as stipuIated in Section XIV, "Extra Work." No minimum amount payable is guaranteed
under this AGREEMENT.
s. Montbly Progress Payments: Progress payments may be claimed on a monthly basis for all costs
authorized in I and 2 above. The montbly billings shall be supported by detailed statements for hours
expended at the rates established in Exhibit "E", including names and classifications of all employees,
and billings for all direct non-salary expenses. To provide a means of verifYing the billed salary costs for
the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews
may consist of recording the names, titles, salary rates, and present duties of those employees performing
work on the 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 C<lIJstitute a release of all claims for payment, which
the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in
writing and transmitted to the AGENCY by the CONSULTANT prinr to its acceptance. Said Final
pityment shall not, however, be a bar to any claims that the AGENCY may have against the
CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the
time of final audit, all required adjustments will be made and reflected in a final payment. In the event
that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund
such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund
shall not constitute a waiver by the CONSULTANT for any claims reIating to the validity of a finding by
the AGENCY of overpayment. The CONSULTANT bas 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-consultants shall}{eep available for
inspection by representatiVes of the AGENCY, STATE of Washington and the United States, for a
period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following exception: if
any litigation, claim or audit arising out ot; in connection with, .or related to this contract is initiated
before the expiration of the three (3) year period, the cost records and accounts shall be retained until
such litigation, claim, or audit involving the records is completed.
RevIsed 101105/09
Pw jormslcontractlconsultdoc
lJJ
.~
I
Q. "
i
I
J
II
8{
nn
~ m~1
~
"
..
W;_
.-p
_0lIS
-i
JOJll1I()O
I;
-
1m ~~
-~
0;
_0lIS
"""""'i
i - -
<>
_\1
. 0;
_0lIS
-~
fi
-~
...'""-
1)1-
_0lIS
ili ~
-i
JOJll1I()
l j\lJaJU)
+,,:: .. .
I~_-= <0."" .. !:l ..
I =~
a _! fi ~ " 0 0 0...." <0. ,,~
"",,^0lIS t . - - "- - - - - ..
is! f f f i ~ . hi I I i f Ii
ttli!~ ) fin h Uit I !tj ! i ii1i
E~~ ~lli I i ~I II "I ~ ill" f .. ii
~ljlfl ,llll! Ii .jl liillln i i if!
jih ili hI '.'IIIi!iI ; dJim inl!tlt
~ d
if. .,
f II
"l.
I
0
0
0 -
"
"
II
l! l!-
"
"~I=I
C":
I
C
,
X
IJJ
tl;) il'4f02;l
... .... 0 tot
o
l'!_
Q2 (DC .....
.. ~
(Do. C"tCU
--
.
"
o "
"
"
- - "
l! .. l!!
fi
l! " - 12
.. - " - " .. :t "
- - "
II .. l!!
-
~ "0 .. - ~ .. !:ll; "
~" " - " " .. :t "
- - ..
.. " " "j -
.
" 0 "
. Isl
<0 !l II
o
..
g
C'O 1'q)'"
" ....
~~
~ ... ~ II
..
1l
-
l! .
I
"
W N N~&
" "..
~-~
..
....
,.. to ~~
1
I-
i
~
II
!I
IIi!
,
III He i~~ .- II Ii i~
..
~ i
Ii ~ Ii! .... ::
;; og 8
0 o~
-- .. :;
J . --
0 0 0
"'-fl
"""" 0 - - - - U i
0 0 0
....... oJ Isl
iiiill o 0
-.,0
N gU; 0 ~ .. 0 ;!:""O""~$:CN:&
-1"'1 'ml
._. 0 ..... 0 0
~ii
.... 0 0
-~ .-
"""''''''' 0 0 0 0 .. .. ..
!'ll'! .. "0 o 0
~
i!! :;
-.. ... S!:: .. .. c~~Q)o ti!
1M "'""'" J!\JI
.. - -.. ~ ..~ .. 0_" -Ii!
~
.. . ~! !
""'^""" 0 - - - - ..
6ulueIo ~ _l'!
III ;!
I-Ill N !iP~... '" ",,,, N~ ~I""O 1ii
.. :; "
-
II .. 0 ..~ .. 0" .... ~ ~ ~ ON18
-B
8~ i! i!
"""''''''' - - - ~ - .. - ..
...;;;;- ;;
... B .. N "'I N ~~iN~ to ('If;!,
5 Ii! ~
If
. -a :: ..l!!
l! i i!!
:::1 III 18
j~
+ 00 0 .. ~ :::IQNS!COC:O -
i ..
",""",~I
=~ .. "';:: .. ~r;; .... ::'" o ~
a "N .. Nl! - - ON"
_18
- - N 0 .II - '" . li ~ i1
""'^""" o 1_ C'l -1--
.. ....
I j Is I~~ g .. h l'!
if f i I I! f jj I!i f I ~ la .
h j! Ii i II: I .jlli I III II II -lJ
JIll-hnl" .ljfll'iJhllfl
iij
Ii
If f jr~s ii .1 u I ~glll~ 151 hi
U hI ci !~!i) IUI!h tJ~!!!HL
51 i
N
'll
...
W'
..
U;,
nH~
fflU
'I'I
('I)
c:i
.....
,
~
EXHIBIT E-2
. .
P.ROFESSlONALSEronCESCONTRACT
CONSULTANT RATES OF PAY
BOLA ARCHITECTURE + PLANNING . .
Jefferson COiJnty Courthouse Roof Stablllation
OCFOBER 2010
"
~
OVerhead Rate 161%
pfOflt Fee on Dl + OM 15%
IllClllsIve
DIrect OH Fee Rsle
~caIlon Rsle (lYOH%) D+OH (D+OIf)"Fee%
Rhoda :PIlncIpaIIP .Mgr. $ 55.00 $ 8U5 $ 143.55 $ 21.& $ t66.08
.~ ,>. An:hJtect $ 41.50 $ 66.82 $ 108.32 $ 16.26 $ 124.66
Su$lJl\ F. $ 115BO $ 66.55 $ 143.llll $ 21.53 $ 185.08
Archjlect $ 41. $ 66.82 $ 108~ $ 16.25 $ 1~.66
~ArcIlIlecl $ 30.00 $ . 48.30 $ 78.30 $ 1 t.15 $ 90.0&
htIemIDrafter $ 21.liO $ 34.82 $ 56.12' $ a42 $ 64.53
Tanya Hayes AdmIn!sbllIIve $ 20.00 $ 32.20 $ 52.2G $ 7.&3 $ 6M3
. .
EXHIBIT F
.
PROFESSIONAL SeRVICES CONTRACT
ALLOWABLE OVERHEAD RATE CALCULATION
BOLA ArchItecture + Planning .
Jefferson County Courlhouse Roof stabilization .
September a010 using 2009 pal
.
DIRECT LABOR Perlod.2009 % .If Direct Labor
EXECUTIVE SALARIES $166,074 45.9%
STAFF SALARIES $1115,718 54.1%
A. TOTAL DIRECT LABOR $381.792 100%
OVERHEAD ON LABOR (PayroU Expense)
PAYROLL TAX EXPENSE $33,311 9%
HOUDAYNACATlONlSICK LEAVE $43.105 12%
BONUSES I $11,273 3%
SIMPLE PlAN $8.880 2%
HEALTH INSURANCE $15,292 4%
II. TOTAL PAYROLL EXPENSE $111,841 31%
~ENERAL AND ADMINISTRATIVE
INSURANCE $12.829 3.5%
PRINTING/GRAPHICS $1,238 0.3%
UNASSIGNABLE ADMIN TIME $77.092 21.3%
INDIREct HOURS $242.401 87.0%
EQUIPMENT MAlNTAlNENCE & REPAIR $2.992 0.8%
RENT & UTlUTlES $50.731 14.0%
OffiCE EXPENSE $9,280 2.8%
SOFlWARE AND COMPUTER EXPENSE $17,438 4.8%
TElEPHONE & INTERNET $4,311 1.2%
POSTAGE & FREIGHT $121 0.0%
DUES & SUBSCRIPTIONS $4,992 1.4%
ADVERTISING & PUBUC RELATIONS $4,816 1.3%
USCENSE AND REGISTRATION $477 0.1%
ENTERTAINMENT $1.522 0.4%
OONATlONS $1,484 0.4%
VEHICLE EXPENSE $2,647 0.8%
DEPRECIATION- FURNITURE & EQUIPMENT $2,018 . 0.6%
LEGAL & ACCOUNTING $2,844 0.8%
MANAGEMENT CONSULTANTS $5,000 . 1.4%
EDUCATION & SEMINARS $3.440 1.0%
BANK CHARGES $188 0.0%
LOCAL FEES & TAXES (MISCEllANEOUS) $21,066 5.8%
C. TOTAL GENERALAND.ADMIN $469.121 130%
D. TOTAL OVERHEAD AND ADMIN (B + C)
$660.962
E. OVERHEAD RATE (Tola1 OYerbeadIDlrect Labor)
181%1
Pege10f1
. .
EXHIBIT G
Subcontracted Work
The AGENCY permits subconfracts for the following portions of the work of this AGREEMENT:
STRUCTURAL ENGINEER: Degenkolb
ELECTRICAL ENGINEER: Cierra Electrical Group
MECHANICAL ENGINEER: Greenbush Group
ACOUSTICAL ENGINEER: Greenbush Group
INVESTIGATIVE lESTING: Golder Associates
CONSTRUCTION STRATEGY CONSULTING: Costigan Inc.
Revised 101105/09
Pw Jormslcontractlconsu1tdoc -
, .
EXHIBIT G-2
Subconsultant Fee Determination
Specific Rates of Pay
Fee Schedule
.
~
A
,
DEGENKOLB ENGINEERS
Job TItle
Job Cost @ profit @
Rate 199.54% 15%
68.33 136.35 30.70
59.93 119.58 26.93
40.40 80.61 18.15
36.25 72.33 16.29
32.01 63.87 14.38
Rate Per
Hour
Senior Principal
Principal
Project Engineer
Design Engineer
Sr. Project CAD
235.38
206.44
139.17
124.87
:\.10.27
.
.
EXHIBIT G-2
PRoFESSIONAL SERVICES CONTRACT
SUBCONSUlTANT RATES OF PAY
THE GREEN BUSCH GROUP. tNe.
Jefferson County Ceurthouse Roof StabRlzatlon
SEPTEMBER 2010
Overhead Rate 153%
Profit Fee 10%
Inclusive
Dlrect OH Fee Rate
Employee icIsssfllcalfon Rate (D"OH%) D+OH to+oH)"fee' .(D+OH)+F~
Adam Jenkfns . $ 31.00 $ 47.43 $ 78.43 $ 7,84 $ 86.27
Anthony Ager ~Igner ,$ 26.00 $ 39.78 $ 65.78 $. 6.58 $ 72.36
Chris Agar !Jeslgnsr $ 24.04 '$ 36.78 $ 6M2 $ 6.08 $ 86.00
OerekOFkney Project Englneer $. 36.00 $ 55.08 $ 91.08 $ 9.il $ 100.19 .
Enzabelh BogomolC Sr. ACOIIstlcIan $ 38.30 $ 58.~ $ 00$ $ 9.69 $. 100.59 .
Jack Burgess Peslgner $ 2ltOO $ 42.84 $ 70.84 $ 7.08. $. 77.92
John W. Greerilaw '....;;; $. 58.00' :$ 84.15 $ 139.15 $ 13.92 $ ,153.07
Julie A. Wiebusch Prlnclpaf/Prej.Ms $ 58.00 $. 84.15 $ 139.15 ,$ 13.92 $. 153.07
l.lndsay SmIIh . Designer $. 33.75 $. 51.54 $. '65.39 '$ 8.54 $. 93.93
.Marlcel MueIIer CAD Tech $ 24.00 $ 36.72 $ 60.72 $. 6.07 $ 66.79
Jesus Ayala-V8lla CAD Tech $ 17.00 $ 26.01 $. 43.\>1 $ 4.30 $ 47.31
.MarkA Rogers Project Englnaer $ 46.95 $. 70.30 $. l1U5 $ 11.63 $. 127.88
.Sam E. MGPhafl Cferlcel $. 22.95 $ 35.11 $ 58.00 $. 5.81 $ 63.87
SaIh TomIlnson ACOUsticIan . $. 26.05 $. 39.86 $ 65.91 $. 6.59 $ 72.50
Sam Bernert ClerIcal $ lD.75 $. 16.45 $. 27.211 $. 2.72 $. 29.92
lsadom Melle . AdmIrt/$ltalIve $ 25.54 $. 39.08 $. 54.&a. $. 6.46 $ . 71.08
,
~
.. '"
.
.
t.
EXHIBIT G-2
Subconsultant Fee Determination
Specific Rates of Pay
Fee Schedule
CfERAA
r
.
.
"
,
'.
.
"
Apparent
er .....
"Reduced" OVerhead'uull/puer..... 1.llS
ProfIt Percentage..... . 0.15
Tol8l eetmrlAtM OH&P """ 3.02'
i
I
I
Slaff Us! septllflor JC CI1hse
i
Page 1 !
;
,
!
,
'.
Exhibit 6-2
Subconsultant Fee Determination - Summary Sheet
(Specific Rates of Pay)
Fee Schedule
Subconsultant- Golder Associates Ine.
Hourly Overhead Profit Rate
DiScipline or Job TItle Rate @ 197.44 % @ 29 % Per Hour
.
Senior Consultant $55.29 $109.16 $16.03 $180.48
\'
StaffTechnidan $21.60 $42.65 $6.26' $70.51
.
,
EXHIBIT G-3
SUB CONSULTANT OveRHEAD COST
OEGENKOLB ENGINEERS
Prepared 7/15109
DIrect Labor Base
F/S Amount Adi
8,361,468
Fringe Benefils
PayloR Taxes
GIlllIJ> IlISUI8I1Ce
Paid Leave
EE Benefit Plans
1,113,051
1,256,800
1,539,649
820,000
4,729,300
39,900
30,207
56,412
128,519
Admln Consultants 208,500 103,000 103,500 1.25%
Auto Expenses 16,800 16,800 0 0.00%
Auto InsuJan<:e 2,300 2,300 0 0.00%
AwardslCommlsslons 5,000 5.000 0.06%
Bad Debt 130,000 , 130,000 0 0.00%
Computer Serv.lSupp. 402,100 402.100 4.86%
Contributions 36,000 36,000 0 0.00%
DepreclaHon 942,000 942,000 11.39%
Employee ActivItIes 124,200 50,000 74.200 0.90%
Enteltalnment 78,000 78,000 0 0.00%
equip. Serv.lSupplles 80,000 80,000 (l.97%
Exec. Comp 1,718,000 36,700 1,681,300 20.32%
Insurance 315,600 315,800 3.81%
Interest 110,000 110,000 0 0.00%
Legal SeJVlces 35,000 35,000 0 O.OO"k
Library 35,700 35,700 0.43%
Lunchroom Supplies 35,500 35,500 0.43%
Malntenance . 16,900 20,900 56,000 0.68%
Mkl Outslde ServIces 131,000 131,000 0 0.00%
0lfIce/Eng. Supplies 123,100 123,100 1.4.9%
Outside Services 239,000 11,200 227,800 2.75%
PayroD 4,816.537 608,571 4,207,966 50.66%
PoslagelDellvery 81,000 36,000 45,000 0.54%
Printing 34,000 34,000 0.41%
Prof. Meetings 44,600 44.800 0.94%
Prof. OrglLlcenses 191,300 12,000 179,300 . 2.17%
Promo/Advertising 140,000 140,000 0 O.OO"k
Recruiting 27,900 27,900 0.34%
~ Relocation 33,000 33,000 0.40%
Rent 2,026,493 98,000 1,928,493 23.31%
Taxes 246,073 0 246,073 2.97%
Telaphone 200,400 200,400 2.42%
Internet ServIces 187,700 188,441 2.26%
Temp Labor 7,000 7,000 0.00%
Training 193,800 7,400 186,400 2.25%
I
"
Travel 440,300 30,100 410,200 4.96%
Travel Meals 90,520 2,400 88,120 1.07%
Total GenaraI Ovethead . 13,603,323 1,695,371 11,908,693 143.93%
.
Tolal Overhead 18,332,623 1,823,890 0 16,509,474 199.54%
EXHIBIT G-3
CIERRA
Breakdown of Subconsultants Overhead cost'
CIERRA
OVERHEAD ANALYSIS WORKSHlieT
ACCOUNl1NG PERIOl>: ~2009_ ~QfI6l2OIO
ACCOUNTIIlll Mlffi1OD: Cash
T_,,--
"Dfl?llLaW(IllIIaI>Il> -I
..
I
36:1.400.00 A laIJotflost
inmzaIron RabJ I
llIrecl Fringe_
T8lQl8 & UCenaos
En1>foyee - Prognuns
_1_SharlngIElll.
llIIIabIe"--
TO!allllrecl Fringe_
f8.893.10
32.158.5'/'
1.7ll2.08
j;~OO
62.135.75 B
_ and AlL.lullllu.Ih,,"--
1_-
__""""Fril1fle-.-
T8lQl8&l.Icer1ses
EmpIoyoe - Prognuns
_1_SI1aringIElll.
TO!alAlL.4"""""""Fringe_.1ndIteCt
14l.600.00 C
. 26.335.00
AA~M
3.86B.92
77.4l!2.lll! D"
1=
0IIler_andM.4illL_,,--
CopIes I PrIntIng
- (ouppIIes & equIpmel1I)
AaoounlIllg
Auk> &pense
BankCllll1ges
" ChalIIabIe DonatIons
~-
~I
Dues & &.b...!jAk...
EducaIIon&_
Gllls/MealsI_
Jnsuranco. _
-
LegalF8eo
PosIage & DeiMlly
RenI
T_&Relaled,,--
RepaIra&-
~SllppIIes
ConllrImIcalIon
l.eoo.oo
12.100.00
10.000.00
16.100.00
3.000.00
6.~::
1a.~nn.
1.050.00
791l.00
383.00
21.lliO.00
21.100.00
3.700.00
3.500.00
126.000.00
75.00 "
3.100.00
3._.00
11.600.00
I
TO!aI_ & Adu4""'dII>,1 E>petlS8S
TOIaIAIIowabIe CosIs (IkC+l>+E)
~RaIe(FIA)
Target ProfII %
Base _10 BIlJlng Rate -.,uer ((Base + OIl%)xProlII)
592.411.67 F
16302 %
15.00 %
3.lI2
211.253.00
PREPARED BY: .Jay Cl. Jade.
DATE: ~
PHONE:.(:mm~12Bllt 100
PO$I11ON: .eDIIIIIllOl
r....&l.Icer1ses
. I!rnpIojw.-Prognuns
_1_SI1aringIElll.
E
I
... ~
.
"
$5451000.00
.-
$25,335.00.
$48,229.00
511..581.00
4.6%
'6.8%
2.1%
1.6%
11.1%
50.0%
1.0% .
13.3%
1.1%
21.3%
0.4%
3.3%
l!.8%
4.8%
0.8%
G.1%
1.8%
5a
0.3%
oa
G.1%
5.8%
8.0%
1.0%
1.0%
34.1%
0Jl%
0.9'4
1.0%
4.8%
. .
EXHIBIT H
Title VI Assurances
During the performance ofthi!; AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regnlations relative to non-
disCrimination in federally assisted programs of the AGENCY, Title 49, Code ofFedeml Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT:
2. Non-discrimination: The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the
selection and retention of sub-consultants, including procurement of materials and leases of
equipment. The CONSULT ANT shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 ofth.e 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 th.e CONSULTANT for work to be
performed under a sub-contract, including procurement of materials or leases of equipment, each
potential sub-consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S
obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on th.e
grounds of race, color, sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by
the REGULATIONS or directives issued pursuant th.ereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by AGENCY,
STATE to be pertinent to ascertain compliance with such REGULA nONS, orders and instructions.
Where any information required of a CONSULTANT is in the exclusive possession of another who
fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, and
shall set forth what efforts it has made to obtain th.e information.
5. Sanctions for Non-compliance: In th.e event of the CONSULTANT'S non-compliance with th.e non-
discrimination provisions of this AGREEMENT, th.e AGENCY shall impose such AGREEMENT
sanctions as it, the STATE of Washington may determine to be appropriate, including, but not limited
to:
. Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and/or;
. Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1)
th.rough (5) in every sub-contract, including procurement of materials and leases of equipment, unless
exempt by the REGULA nONS, or directives issued pursuant thereto. The CONSULTANT shall take
such action with respect to any sub.,consultant or procurement as th.e AGENCY, may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in th.e event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction, th.e CONSULTANT may
request th.e AGENCY enter into such litigation to protect the interests ofth.e AGENCY, in addition,
the CONSULTANT may request the United States enter into such litigation to protect the interests of
. th.e United States.
Revised 10//05/09
Pw _furmslcontractlconsult.doc
.
EXHIBIT I
Payntent Upon TerminatloRof Agreement
By the Agency Other Than for
Fawt oftheConswtaat
.
(Refer to Agreement, Seetlon IX)
.
Lamp Sum Contracts
A final payment shaD be made to the CONSULTANT which when added to any paymen1S.
, previously made shall tota1 the same percelltage of the Lump Sum.Amount as the wOik Completed at
the time of termination is to the total work required for the PROJECT. In addition, the
CONSULTANT shidl be paid for IIiIy authorized extra wOik completed.
Cost Plus Fixed Fee Contraets
A final payment shall be made to the CONSULTANT which when added to lll1Y payments
previously ~ shall total the actuid costs plus the same percentage of the fixed fee as the work
completed at the time of termination is to the total work required for the Project.ln addition, the
CONSULTANT shall be paid for any.llllthorized extra work comp1eted.
Speeifie Rates of Pay Contraefs
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.
Cost Per Unit orWork Connets
A final payment shall be made to the CONSULTANT for actual units of work completed at the time
of termination of this AGREEMENT. I
.~
Revised 101105109
PwJormslcontractlcoosuIt.doc
.
EXHIBIT J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design
error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform
method for the resolution and/or cost recoveiy procedures in those instances where the agency .
believes it has suffered sOlne material damage due to the alleged error by the consultant.
Step I - Poteutial Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error( s), the flJ'st 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). (Note: The Director of Public Works or
Agency Engineer may appoint an agency staffperson 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 erroi(s),
and with the Director of Public Works or Agency Engineer's concurrence, the project
manager obtains more detailed documentation than is normally required on the project.
Examples include: all decisions and descriptions of work; photographs, records of labor,
materials and equipment.
Step 3 - Contact the Consultant Regarding the Alleged Design Error( s)
If it is determined that there is a need to proceed further, the next step in the process is for
the project manager to contact the consultant regarding the alleged design error(s) and the
magnitude of the alleged error(s). The project manager and other appropriate agency staff
should represent the agency and the consultant should be represented by their project .
manger and any personnel (including sub-consl,l\tants) 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 tools: place.
Revised 101105109
Pw _furmslcontnu:tlconsuItdoc
,
. There is not a mutual agreement regarding the alleged consultant design error(s).
The consultant may request that the alleged design error(s) issue be forwarded to
the Director ofPubIlc 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 consaltant, proceed to Step 5.
Revised 101105/09
Pw Jorms/contmctlconsultdoc
EXHIBIT K
Consultant Claim Procedures
The purpose of this exhibit is to descn"be a procedure regarding claim(s) on a consultant agreement.
The following procedures sbould only be utilized on consultant claims greater than $1,000. If the
consultant's claim(s) are a total of$I,OOO or less, it would not be cost effective to proceed through
the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a
fair and reasonable price for the consultant's claim(s) that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider
a potential claim by the consultant.
Step 1 - Consultant Files a Claim with the Agency Project Manager
If the conSultant detennines that they were requested to perfonn additional services that
were outside of the agreemeut'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 fur each fino that is included in the claim;
. Any correspondence that directed the consultant to perfonn the additional work;
. Timeframe of the additional work that was outside of the project scope;
. SUIIlIIllUy 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
agreemeut 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 detennine if
the Agency agrees with the claim. .
If the Agency project manager, Director of Public Works or Agency Engineer, agree with
the consultant's claim, send a request memo, including backup documentation to the
consultant to either supplement the agreement, or c~ 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. Infann the consultant that the
final payment for the agreement is subject to audit. No further action in needed regarding
the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the
procedures.
Revised 10/105/09
Pw jonnslcontrnctJcoosu1t.doc
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 smnmary for the Director of Public Works or Agency Engineer that inclurled the
following:
. Copy of information supplied by the consultant regarding the claim;
. Agency's summation of hours by classification for each (l1'1li that should be included in
the claim;
. Any correspondence that directed the consultant to perform the additional work;
. Agency's smmnary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
. ExpIanation ~gai'ding 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 cIaim(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 thereot; which may include getting Agency
Commission approval (as appropriate to agency dispute resolution procedures). 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 (m writing) the consultant
of their fInal decision regarding the consultant's claim(s). Include the fInal dollar amount
of the accepted claim(s) and rationale utilized for the decision.
Step 6 - Preparation of Supplement or New Agreement for the Consultant's CIaim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the
amount of the claim. Inform the consultant that the fInal payment for the agreement is
subject to audit
Revised 101/05/09
Pw Jonnsicontractlconsu1t.doc
.
.
EXHIBIT M-1(a)
Certification Of Consultant
ProjectNo.3015941839
Local Agency
I hereby e,ertify that I am
ftJhd,q. LAWr.ut('~
and
duly authorized representl$e of the firm of BOLA Arohitectw:e + PIAnni"" whose address
is. 159 Western Avenue West, Suite 486, Seattle, WA 98119 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 comteCtion with carrying out this
AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for me or the above CONSUL TANT)any fee, contribution,
donation, or consideration of any kind for, or in connection with, procuring or
canying out this AGREEMENT; except as hereby expressly stated (If any);
~ tfl'?, ;W/~
Date
Revised 100tOSlO9
Pw _furmstcontmctlconsult.doc
.
EXHIBIT M-1(b)
Certifieaf!lon or Agency Offieial
I hereby certifY that I am the AGENCY Official of the Loca1 Agency of Jetf~j"SOD County.
Washington, 81Id that the consulting firm or its representative has not been required, directly or
indirectly as 811 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 fum or person; or
(b)
Pay, or agree to pay, to any firm, person, or organization, lIIlY fee, contribution,
donation, or consideration of any kind; except as hereby expressly stated (if any):
H~[IO
Date
,..
Revised 101105/09
Pw Jormsfcontractlconsu1tdoc
~ .
.
EXHBIT M~2
Certification Regarding Debarment, Suspension, and Other Respoll5ibllity
Matters-Primary Covered Trausactions
L 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, deelared ineligible, or
voluntarily excluded from covered tmnsactions 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 performing a public (federal, state, or
local) tmnsaction or contract under a public transaction; violation of federal or state
antitrust statues or commission of embezzlement, theft, forgery, bnbery, 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): BOLA Architecture + Plannine:
~ ?-1~ ~/O
(Date) (
Revised 101105169
Pw Jonnsicontractlconsultdoc
.
.
EXHIBIT M-3
.
Certification Regarding The Restrictions
. of The nse of Federal Fnnds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his
or her knowledge and belief, that:
1. No federal appropriated funds have been paid orwiIl 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 ci!opemtive agreement, and the extension, continuation, renewal,
amendment, or modifiClltion 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 Congtess in connection with this Federal contract, grant, loan, or cooperative
agreement, the nndersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when
this 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 shalI require that the language of this certification be included in all lower tier
subcontracts which exceed $100,000 and that all such sub-recipients shall certifY and
disclose accordingly. .
Consultant (Firm): BOLA Architecture + Planning
.~ #~ ,,;JP/p
(Date) (Si
Revised 101105109
Pw jonnslcontract/consultdoc
"II _..
^
~
EXHiBIT M-4
Certificate Of curreni Cost or Primg Data
This is to certilY that. to the best of my knowledge and belief; the cost or pricing data (as defined in
sectiop. 15.401 of the Federal AcqUisitioll ReguIatiori (F AR)and required under FAR subsection
15.403-4) submhted, either aetually or by specific identifIcation in writing, to the contmcting officer
or to the contracting officer's representative in support of the -"'ff~ Countv Ceurlihouse 1\oof
St;\bill_tlon Prqiect * lIN acelU'lite. eotnp1ete, ~cummtas of ~~ .,. P4lID **.
This certifieation includes the cost or pricing data stIPJlOI'ling any advance'agreements and forward
pricing rate agreements betwelmthe 01fer orand the Oovemment that m:e part of the proposal.
Name:
Fiim: BOLA AmhitA.wtulC + plmminll
~~~ kU/~e.<J
/ln~i?~
,
~~~ ~,,?, ~/()
Title:
Date of Exeeution***
* Identify the proposal, quotation, request for price adjuslment, or Qther submission involved,
giving the appropriate identifying nwnher (e.g., RFP No.).
**Insert the day, month, and year when price negotiations were concluded and price agreement was
reacl1ed. . . .
*** Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the con1rllet price was agreed to. .
ReVIsed 101105/09
Pw _furmslcontractlc:onsn1t.doc