HomeMy WebLinkAbout021312_ca04
Department of Public Works
o Consent Agenda
Page 1 of 2
Jefferson County
Board of Commissioners
Agenda Request
From:
Board of Commissioners
Philip Morley, County Administrator
Frank Gifford, Public Works Director ~!:J
February 13, 2012
To:
Agenda Date:
Subject:
Standard Consultant Agreement with Sargent Engineers, Inc.
for a preliminary design analysis for culvert replacement options
at three sites on Upper Hoh Road
. Project No. 1896, Federal Aid No. PLH-A 160(001)
,
1-
Statement of Issue: Standard Consultant Agreement with Sargent Engineers, Inc. of
Olympia, Washington for a preliminary design analysis for culvert replacement options
at three sites on Upper Hoh Road: mileposts 3.338, 4.379 and 6.949.
Analysis I Strategic Goals I Pros & Cons: The sites require an investigation of
alternatives prior to selecting the most appropriate and cost-effective solution. Initial
design analysis includes surveying, hydraulics, structural, and environmental
disciplines, which will be incorporated into the final designs for these sites.
Public Works has secured 100% federal funding from the Federal Highway
Administration (FHWA) for Upper Hoh Road culvert replacement under an "Access
Preservation: Hoh Rainforest, Olympic National Park" application through the Public
Lands Highways Discretionary (PLHD) Program.
Following the development of the preliminary design analysis, the Department shall
proceed with final design for culvert replacement at these three sites on Upper Hoh
Road, according to the results of alternatives analysis and cost estimation.
Fiscal Impact I Cost-Benefit Analysis: The maximum amount payable under this
agreement is $113,852.00. Funding for this project is 100% FHWA.
Department of Public Works
o Consent Agenda
Page 2 of 2
Recommendation: The Board is requested to execute the Standard Consultant
Agreement with Sargent Engineers, Inc. and return two originals to Public Works for
further processing.
Department Contact: Josh Peters, Principal Transportation Planner, 385-9160.
Reviewed By:
2-/c;J~
Date
Local Agency ConsultantlAddresslTelephone
Standard Consultant Sargent Engineers, Inc.
Agreement 320 Ronlee Ln NW
!8JArchitecturalfEngineering Agreement Olympia, WA 98502
Tel: (360) 867-9284
o Personal Services Agreement
Agreement Number Project Title And Work Description
1896-SARGENT-1
Preliminary Design Report:
Federel Aid Number Culvert Replacement on Upper Hoh Road
PLH-A160(001)
AEJeement Type (Choose one)
Lump Sum
Lump Sum Amount $
o Cost Plus Fixed Fee DBE Participation
Overhead Progress Payment Rata _% o Yes !8JNo %
Overhead Cost Method Federal 10 Number or Social Security Number
o Actual Cost
o Actual Cost Not to Exceed _% 91-1273873
o Fixed Rate Do you require a 1099 for IRS Completion Date
Fixed Fee $ !8J Yes ONo August 31. 2012
!8J Specific Rates Of Pay Total Amount Authorized $ 113,852.00
!8J Negotiated Hourly Rate
o Provisional Hourly Rate Management Reserve Fund $ 0.00
o Cost Per Unit
Maximum Amount Pavable $ 113.852.00
Index of Exhibits (Check all that apply):
TIllS AGREEMENT, made and entered into this day of ,2012.
between the Local Agency of Jefferson County, Washington, hereinafter called the "AGENCY," and the
above organization hereinafter called the "CONSULTANT."
DOT Fonn 140-oS9 EF
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",
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 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 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 Exhibit "A" 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 and/or such Federal, State, Community, City or County
officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the
CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum
required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in
Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the work in sufficient
detail so that the progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The CONSULTANT, and each
SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is
a material breach of this AGREEMENT that may result.in the termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation
of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the
heading of this AGREEMENT. IfD!MIWBE firms are utilized, the amounts anthorized to each firm and their
certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this
AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful
Function (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.
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All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be
returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in
Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files,
prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of
service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting
through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this
PROJECT, shall be without liability or legal exposure to the CONSULTANT.
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in
writing by the AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT under completion date.
The established completion time shall not be extended because of any delays attributable to the
CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,
or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions
beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is
required to extend the established completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT.
Such payment shall be full compensation for work performed or services rendered and for all labor, materials,
supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all
applicable portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the
State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY' S PROJECT Manager.
VI Sub-Contracting
The AGENCY permits sub-contracts for those items of work as shown in Exhibit "G" attached hereto and by
this reference made part of this AGREEMENT.
Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval
has been issued by the AGENCY.
All reimbursable direct labor, overhead, direct non-saImy 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 minhnum amount of their sub-contracted agreement that is established by the WSDOT
Highways and Local Programs Project Development Engineer in consultation with the AGENCY.
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vn Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely forthe CONSULTANT, to solicit or secure this contract, and that it has
not paid or agreed to pay any company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warrant, the
AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from
the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all
claims made by a 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.
vm Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in
interest agrees to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a)
Federal-aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 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
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attached Exhibit "R" 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 ftrm to complete the work required and the time which may be required to do so, and other
factors which affect the value to the AGENCY of the work performed at the time of termination,
Under no circumstances shall payment made under this subsection exceed the amount, which would have been
made using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S
failure to perform is without the CONSULTANT'S or 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 supervisol)'
personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or
disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby
agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY.
This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the
CONSULTANT and the AGENCY, if the AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of
the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment
shall be made as set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
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X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as
necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional
compensation thereof. Should the AGENCY fmd it desirable for its own purposes to have previously
satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such
revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as
herein provided under Section XIV.
XI Disputes
Any dispute concerning questions offact in connection with the work not disposed of by AGREEMENT
between the CONSULTANT and the AGENCY shaH 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 shaH be subject to de novo judicial review. If the parties to this
AGREEMENT mutuaHy agree, disputes concerning aHeged 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, ApplleabIe Law, aud Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any sucb 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 ofWasbington law and that the parties to such
action shaH 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.
XIll Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the
work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with
the laws of the State of Washington.
The CONSULTANT shall indemnifY and hold the AGENCY and the STATE and its officers and employees
harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity
arising 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 independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW
42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT
specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against
the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically
waives any immunity under the state industrial insurance law, Title 5 I RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an
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acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY
during contract administration. By providing such assistance, the CONSULTANT shall assume no
responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to
perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
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) 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 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'S
insurance required by this Section shall be in all circumstances primary 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 insurance policies at any
time.
All insurance shall be obtained from an insurance company authorized to do business in the State of
Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen
(14) days of the execution of this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under
this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit
"L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way.
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied
with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action
as is available to it 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.
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B. If any such change causes an increase or decrease in the estimated cost of, or the time required for,
performance of any part of the work under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make
an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or
both; and (3) other affected terms and shall modifY the AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as
"CLAIM", under this clause within thirty (30) days from the date of receipt of the written order.
However, if the AGENCY decides that the facts justifY it, the AGENCY may receive and act upon a
CLAIM submitted before final payment of the AGREEMENT.
D. Failure to agree to any adjustment shall he a dispute under the Disputes clause. However, nothing in
this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount
payable for this AGREEMENT, shall not be increased or considered to be increased except by specific
written supplement to this AGREEMENT.
xv Endonement 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 Fedem! Highway Administmtion and the Washington State Department of Transportation shall have the
right to participate in the review or examination of the work in progress.
xvn Certification of the CODSnltant and the Agen'1'
Attached hereto as Exhibit "M- 1 (a and b)" are the Certifications of the CONSULTANT and the AGENCY,
Exhibit "M-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Tmnsactions, 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.
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 he liable for, any statement, representation, promise or agreement not set forth herein. No changes,
amendments, or modifications of the terms hereof shall he valid unless reduced to writing and signed by the
parties as an amendment to this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to he an original having identicallegal effect. The CONSULTANT does hereby mtifY and adopt all statements,
representations, warmnties, covenants, and agreements contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms
and conditions thereof.
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In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
Executed by the Contractor 2 J I /
.
,2012
Contractor:
Sa~t E~'''\e~, 11I.e:..
(Please print)
By: Jv\ OI\.+I?. s...: 11
(please print)
!1i /J;&-
(Si e;"
If/A-
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
John Austin, Chair
Phil Johnson, Member
David W. Sullivan, Member
,?,,,\ ~
Approved as to form only this ::)oJ
"'~:1AQk;
David Alvarez )
DeP?:J7n ttorney
Frank Gifford
Public Works
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Exhibit A-l
Scope of Work
Upper Hoh Road Culvert Replacement:
Preliminary Design Report
OJECTIVE
The objective of this Agreement Is to provide professional services necessary for the preparation of Preliminary
Design Report with constructablltty analysis for replacement of culverts on Upper Hoh Road In the western portion
of unincorporated Jefferson County, Washington. The potential solutions for culvert replacement depend on site
conditions and range from round pipes to box culverts to multi-span bridges. The Preliminary Design Report will
summarize technical analysis, Identify design constraints, recommend the most appropriate and cost-effective
approach for culvert replacement at each location, and Include an engineer's estimate for the recommended
optlolls,
PROJECT SITES
The Preliminary Design Report Involves three (3) locations on Upper Hoh Road, a major collector with County Road
Number 914207. The sites Involve existing culverts for tributaries to the Hoh River at the foliowlng mileposts (MP)
on upper Hoh Road:
1. MP 3.338
2. MP 4.379
3. MP 6.949 (main) and MP 6.982 (anclllary)
Unless explicitly limited to a specific location, each of the Items that follow In this Agreement are equally
applicable to each of the project locations listed above.
DURATION
The following Tasks are estimated to require three months from Notice to Proceed to complete. Efforts on ali
locations will run In parallel.
SERVICES
The Consultant wlli perform ali services and furnish ali materials necessary on behalf of Jefferson County (the
Agency) to accomplish the follOWing work Items:
TASK 1- PROJECT MANAGEMENT
This task Includes all necessary work to plan and manage the project resulting In a quality product on-time and
within budget. Task Items include:
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exhibit A-1 Scope of Work
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1.1 Project Plan
The Consultant will complete a project plan within 10 days after Notice to Proceed. The plan will detail Individual
work elements of the project scope, budget for each element, responsible Individuals for each work element, and
schedule requirements Incorporating both Internal and external milestones. The schedule will be developed by a
critical path method.
Work Product: Project Plan.
1.2 Startup Meeting
The Consultant will conduct a startup meeting with Agency staff at the project sites. The purpose of the meeting Is
to Introduce all significant members of the project team, concur on goals and milestones for the project, and agree
on the project schedule and work products. The project manager, hydraulic engineer, and constructablllty
consultant will attend this meeting.
Work Products: Agenda and Meeting Minutes.
1.3 Progress Meetings
Progress meetings will be held periodically to coordinate work activities and keep the Agency Informed of progress
to date. Every two weeks the Agency will be Informed of current progress. this will be done by an emall to the
Agency. Approximately three meetings will be held at the Agency's office at key points In the project to discuss the
findings of the hydraulic Investigation, layout options, and final selection of options. The Consultant will prepare
agendas and meeting minutes from all meetings for distribution to the project team.
Work Products: Agendas and Meeting Minutes.
1.4 Progress Reports and Billings
The Consultant will coordinate work activities with the Agency and the Subconsultants and ensure that work
products are delivered on time and meet team quality standards. The Consultant will Include brief monthly
progress reports along with monthly Invoices. Progress reports will contain information on major activities,
anticipated actions, and outstanding Issues to be resolved. The Agency may request updates to the schedule
periodically to reflect major changes In project tlmellnes.
Work Products: Monthly Progress Reports and Invoices. BIl/Jng tasks wJll be the key tasks shown In the fee estimate.
1.5 Quality Assurance Reviews
Quality Assurance (QAl will provide an Independent review of all documents at the preliminary submittal levels. All
task memos, reports, and other slgnlflcant work products will be reviewed prior to final Issuance. All comments will
be Incorporated Into the documents or will be documented as to why comments are not Included. The QA task
leader will schedule all reviews and assIgn reviewers of the project team. The QA task leader will coordinate all of
the review comments for Incorporation.
1/17/2012
exhibit A-1 Scope of Work
Page 2 of 6
1.6 Managing Subconsultants
The Consultant wJlJ arrange and manage all Subconsultant contracts. Contracts wJlJ be solely between the
Consultant and the Subconsultant. The Consultant wJlJ be responsible for coordinating all Subconsultant activities,
and ensuring that the Subconsultant remains on schedule and provides a quality product.
TASK 2 - SITE SURVEY
The focus of this task will be to perform adequate survey of the project sites to be used to develop design
alternatives and recommendations. This work wJlJ Include necessary data collection and setting of control as
required for hydraulic modeling and development of construction plans and future construction layout. Data
collected shall be of sufficient density to create a topographic map and digital terrain model (DTM) showing
relevant physical features of the site. A licensed surveyor shall perform the survey.
The topographic surveys prepared under this task shall provide adequate stream and road Information, Including
proposed bypass road areas. More comprehensive surveying tasks are expected to be undertaken at a later
Juncture In association with the preparation of right-of-way plans. It Is not anticipated that any additional work wJlJ
be required at MP 3.338.
NTI surveyors will establish control (horizontal and vertical) for sites MP 4.379 and MP 6.949. Horizontal datum wJlJ
be NAD83/91 and vertical datum will be NAVD88. There are three sites, on Upper Hoh Road, MP 3.338, MP 4.379,
and MP 6.949. For this estimate, we assume that only MP 4.379 and MP 6.949 wJlJ require control and topographic
survey.
For each of the 2 stream crossings, NT! wJlJ establish control and permanent monuments to be used for mapping
and future construction.
The topographic survey for each wJlJ Include:
. Road and utility features for 500 feet on either side of the stream
. One channel cross section along both the upstream and downstream sides of the road fill
. Invert and soffit elevations of the Inlet and outlet of the existing culvert
. Three to four channel cross sections downstream from the crossing
. Two to three channel cross sections upstream from the crossing
. A longitudinal profile of the stream bed that begins 300 feet downstream and extends 200 feet upstream
from the culvert.
. Elevations of high-water marks or other key points that may be Identified during the field Inspection.
Dellverables wJlJ be AutoCad CMI 3D file with DTM, hardcopy maps, and ASCII point file in the form of {pt. num,
north, east, elevation, descriptor].
We plan to map the painted centerline of the existing road rather than calculate the road centerline based on
deeds. No property ownership Information will be shown.
There may be additional boundary/survey Information required to be shown on the plans which Is not Included in
the above.
Work Products: Topographic Surveys (hard copy and electronic base maps and ASCII point files with 01/ coordinates
(x,y.z) and descriptor values).
1/17/2012
exhibit A-1 Scope of Work
Page 3 of6
TASK 3 - HYDRAUUC ANALYSIS
The general focus of this task will be the existing condition of each project site and with project-condition hydraulic
analysis of the stream channel and flow characteristics at each project site In order to develop design alternatives
for the new stream crossing structures. Scour and stability concerns shall be evaluated. The hydrologic, hydraulic
and geomorphologic information developed In this task shall be adequate to Inform structure selectlon. The
Consultant shall review existing Information for each site In order to refine the level of effort required to develop
sufficient information to prepare design alternatives and recommendations. The analysis shall be presented In a
Technical Memorandum and be Incorporated into the discussion of alternatives In the Preliminary Design Report.
3.1 Data CollectIon and Review
WSE will collect and review existing data for each site. This wllllnclude but not be limited to: historical aerials
Including photographs of the Hoh River, ground photographs, topographic and/or UDAR data, County inspection
and maintenance records Including photographs and Information regarding past flood damage, County stream and
road survey data, relevant County GIS data, and flow data for neighboring streams. It is anticipated that the
County will be able to help find or provide many of these Items.
3.2 Site Inspection
WSE's lead principal and a staff engineer will inspect each crossing and stream. They will examine the
characteristics of each crossing and Its Interaction with the stream channel and as appropriate the Hoh River. They
will gather data that will help Identify the geomorphic and hydraulic processes that are active within each stream
and that Influence the performance of each crossing. They will visually examine the stability of the longitudinal
profile and the lateral stability of each stream channel to determine If grade control and/or erosion protection
countermeasures should be Included In the preliminary design. While In the field, they will also discuss alternative
crossing designs and the need for channel stabilization and/or erosion control features.
3.3 Hydrology
It Is assumed that each crossing will need to be designed to meet WSDOT design standards which call for culverts
to safely pass the 2S-year annual Instantaneous peak discharge and to accommodate the lOO-year event without
sustaining significant damage to the road or culvert. WSE will discuss the design requirements with Jefferson
County to make sure the correct standards are used. Flow records are not available for these creeks; therefore,
discharges will be determined and cross-checked using two different methods. First, estimates will be computed
using published USGS regional regression equations via their on-line StreamSTATs software. These will then be
checked against estimates computed using discharge records from neighboring streams that have similar basin
characteristics - assuming suitable records are available. If the two methods produce significantly different
results, WSE will recommend / select the final design values.
3.4 Hydraulic Analysis
Since hydraulic conditions at site MP 3.338 appear relatively simple, WSE will use the HY8 culvert hydraulic
program prepared by FHWA to check the hydraulic performance of the culvert alternatives. This will be
appropriate for this preliminary Investigation; however, a HEC-RAS model may eventually be needed to support a
future phase to engineer streambed gradation mixtures, grade control weirs, LWD structures, and bank erosion
countermeasures should they be deemed necessary.
At sites MP 4.379 and 6.94, hydraulic conditions are more complex and therefore, a simple HEC-RAS computer
model of the channel and adjacent floodplain will be constructed using the new survey data. WSE will use
engineering judgment to refine model parameters. For both sites, the model will be used to evaluate the
1/17/2012
exhibit A-1 Scope of Work
Page40f 6
performance of up to three different culvert replacement options. Both sites have histories of sediment
deposition problems which have led to plugging of the culvert during major floods. The hydraulic model results
will be used to help determine If measures can be Included In the design to help reduce sediment deposition
potential.
3.S Sedimentation and Influence of the Hoh River
WSE will use the hydraulic data generated In the preceding task plus observations made during the site Inspection
to examine the sediment deposition problem at the two crossings. This Insight will then be used to determine If
measures can be Included that will reduce the likelihood of future sediment deposition and plugging problems. At
Site 4.379, the Hoh River Is very close to the culvert outlet and Is definitely Impacting culvert hydraulics and
sediment deposition. Therefore, WSE will determine what Impact the river is having on the performance of the
crossing. At the other two sites, the Influence of the Hoh River does not appear to be significant at this time,
however, WSE will examine historical aerial photographs of the river to try to determine If It is likely to shift toward
the culverts during the projected life of the crossings. If it Is, WSE will determine If there are logical design
refinements or features that should be Included to reduce the risk that the Hoh River will adversely Impact the
performance of the crossings In the future.
3.6 Alternative Concept Identification and Comparison
WSE will work with Sargent Engineers to Identify three promising culvert alternative crossing concepts to provide
hydraulic conveyance and fish passage. Each design will not only adhere to state fish passage requirements but
will also consider other environmental regulatory requirements so as to avoid potential pit falls associated with
permit approvals.
3.7 Hydraulic Report
WSE will prepare a single concise technical report that will document the methods and results of the hydraulic
stream channel Investigation for all three crossings. WSE will submit a draft report to the County for review. Upon
receipt of comments, WSE will prepare a final report. No hydraulic report will be prepared for the MP 3.338 site.
3.8 Project Meetlngs
During the course of the project, there will be the need for members of the consultant team to meet with County
and agency personnel. The following meetings will likely be required.
Presentation of Conceptual Alternatives: WSE will participate in a meeting to discuss the conceptual alternatives
with the County. It Is assumed that the meeting will be held In Port Townsend.
Work Products: Hydraulic Analysis - Technical Memorandum (hard copy and PDF electronic file).
TASK 4. ENVIRONMENTAL SERVICES
The objective of the environmental services task at this stage of the project Is to review and analyze available
Information in order to Identify and evaluate constraints, issues and requirements, and the likely determination
under NEPA/SEPA. Species of concern shall Include aquatic and terrestrial. The Consultant will collect sufficient
information-Including but not limited to existing habitat data, wetlands, solis surveys, species distribution data,
1/17/2012
exhibit A-1 Scope of Work
Page 5 of 6
and other pertinent biological, cultural and design Information-In order to adequately evaluate the potential
Impacts of environmental concerns to each design alternative and corresponding project activities and schedules.
Work Products: Environmental Issues Report (hard copy and PDF electronic file).
TASK 5 - PREUMINARY DESIGN REPORT
The Consultant will review the site Information, geotechnical Information and hydraulics to evaluate options for
culvert replacement at each of the project sites. The Consultant will prepare a report evaluating the design
alternatives, construction Issues and the estimates of probable construction costs for each site. The Consultant will
utilize as much applicable data and analysis from previously completed maps, reports and studies, and supplement
this Information with Information developed through completion of Tasks 2 through 5.
Three alternatives shall be evaluated at each of the Identified sites for cost, constructablllty and long-term
performance. The Consultant shall make a recommendation for the preferred solution at each site, Including
discussions of pros and cons of each alternative and cost estimates for each alternative evaluated. Traffic issues
shall be .addressed. Adjacent road work needed shall be determined, reviewing opportunities for additional
roadway or culvert work at least 500 feet in either dlrectlon of the target culvert. The recommended alternatives
shall be depicted with a concept level pian/profile drawing.
The Consultant will work closely with the Agency through the meetings Identified In Task 1.3 and Task 3.8 to
Identify likely solutions (project alternatives) and through engineering analysis, cost estimating, IIfe-cycle cost
evaluation, and constructablllty review narrow the alternatives to a single recommended project at each site.
Engineering cost estimates will be developed for the recomme,nded alternative with appropriate contingency so
that the Agency can determine which projects to undertake and/or whether additional projects may be considered
within available funding. The Intent of this "sieve" approach Is that effort Is Increasingly applied to an alternative
that will be carried forward and not applied to alternatives that can be eliminated earlier In the process.
The Preliminary Design Report shall Incorporate summary Information and results from Tasks 2 through 5 above,
as well as include each specific report generated under Tasks 2 through 5 among the Appendices.
5.1 Draft Preliminary Design Report
The Consultant shall provide a draft version of the Preliminary Design Report for Agency review. Additional draft
versions of the Report may be requested at the Agency's discretion pursuant to Agency review. The project
schedule shall accommodate an Agency review period of at least two weeks for draft work products.
Work Products: Draft Preliminary Design Reportfor Agency review (hard copy and PDF electronic file).
5.2 Final Preliminary Design Report
At the conclusion of Agency review of the draft Preliminary Design Report, the Consultant shall furnish a final
Preliminary Design Report to the Agency, addressing comments provided by the Agency and other stakeholders.
Work Products: Final Preliminary Design Report (hard copy and PDF electronicflle).
1/17/2012
Exhibit A-1 Scope of Work
Page6of6
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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 format and standards the Consultant
is to use in preparing electronic files for transmission to the Agency. The format and standards to be provided
may include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data: cadastral, topographic, and construction surveying: ASCII format or Land XML
containing point numbers, coordinates in Washington Coordinate System Grid,
point descriptions.
B. Roadway Design Files: Agency's current Engineering computer program file format
or Land XML format.
C. Computer Aided Drafting Files: Autocad file format in the Agency's current version
or older.
D. Specii)' the Agency's Right to Review Product with the Consultant: The Agency shall
have the right to review the submitted files with the Consultant at the Agency's
discretion.
E. SpeciJy the Electronic Delive~bles to Be Provided to the Agency: All Surveying data,
maps, and plans; Preliminary engineering studies, calculations, computer program
results, analyses, reports, correspondence, reviews, and photos; Preliminary,
intermediate and final Permits, Cross-sections, Profiles, Plans, Specifications,
Estimates, Schedules, Contract Documents; and Construction engineering and
management documents.
F. Specii)' What Agency Furnished Services and Information Is to Be Provided: The
Agency will review all submittals from the Consultant, provide direction on project
issues when required, and provide access to all available Agency resources relating to
the applicable projects.
II. Any Other Electronic Files to Be Provided: As needed.
m. Methods to Electronically Exchange Data
A. Agency Software Suite: Microsoft Office (2007 or older) programs, Autodesk
Autocad 2008 and/or Civil 20 I 0 programs, Eagle Point design programs.
B. Electronic Messaging System: Microsoft Outlook
C. File Transfers Format: ASCII, Microsoft Office programs formats, Autodesk program
formats, Eagle Point program formats.
D. Physical media: Transfer all data to the Agency on optical media: CD or DVD format.
Exhibit D-3
Payment (Negotiated Honrly 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 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 31.
I. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "E" and "F' 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. Ifnegotiations 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 may include, but are not limited to the following items: travel, printing,
long distance telephone, supplies, computer charges, and sub-consultant costs.
a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the
AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs
(excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and
Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48CFR
Part 31.20546 "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 necessary 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 anthorize additional funds to the
AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work
beyond that already defined in this AGREEMENT. Such anthorization(s) shall be in writing and shall
not exceed the lesser of$100,000 or 10% of the Total Amount Anthorized 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 Anthorized,
and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment
for Extra Work as stipulated in Section XN, "Extra Work." No minimum amount payable is guaranteed
under this AGREEMENT.
Revised 10//05/09
Pw Jorms/contractlconsult.doc
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 "E", including names and classifications of an employees,
and billings for all direct non-salary expenses. To provide a means ofveriJying 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 mtes, 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 shan 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 billing win not constitute agreement as to the appropriateness of any item and at the
time of final audit, all required adjustments win be made and reflected in a final payment In the event
that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT win 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 CONSUL TANThas twenty (20) days after receipt of the final
POST AUDIT to begin the appeaI process to the AGENCY for audit findings.
7. Inspection of Cost Records: The CONSULTANT and their sub-consultants shan keep available for
inspection by representatives of the AGENCY, STATE, and the United States, for a period of three (3)
years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and
an items related to or bearing upon these records with the fonowing exception: if any litigation, claim or
audit arising 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 shall be retained until such litigation, claim, or audit
involving the records is completed.
Revised 10//05/09
Pw Jormslcontractlconsultdoc
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exhibit F
sargent Engineers, Inc.
Overhead Schedule
Decernber31,2009
Unadjusted Adjusted % of Direct
Amount Adjusbnent Amount Salary
Direct Labor $614,653 -$1,042 H,C $613,611
Fringe Benefits
Vacation, SIck, and HoBday $99,901 $99,901 16.28%
Payroll Taxes $69,572 $89,572 14.60%
Health Insurance $145,747 $145,747 23.75%
Workers' Compo Insurance $11,229 $11,229 1.83%
Retirement (SEP-IRA) $52,500 $52,500 8.56%
Total Fringe Benefits $398,949 $398,949 65.02%
General Overhead
Indirect Labor $341,454 -$454 P $341,000 55.57%
Bonus $62,567 $62,567 10.20%
Rent $128,670 -$11,918 B $116,752 19.03%
Malntanance and Repairs $6,755 $8,755 1.43%
TraveVAutomoblle $15,649 -$1,789 M,N $13,860 2.26%
Insurance $77,814 -$2,135 D $75,679 12.33%
Telephone and Intarnet $13,934 $13,934 2.27%
Utilities $10,344 $10,344 1;69%
Taxes & Ucenses $34,184 -$2,449 Q $31,735 5.17"10
Depreciation & Amortization $8,260 $8,260 1.35%
Dues & Subscriptions $7,783 -$s50G $8,933 1.13%
Job Procurement $0 $0 0.00%
Employea TrainIRecruitlMovln, $8,777 $6,777 1.10%
Advertisement $1,820 -$1,820C $0 0.00%
Professional Fees $12,602 K $12,602 2.05%
Intarest $0 A $0 0.00%
Software $25,708 $25,708 4.19%
Photo, Repo, Other Services $3,786 $3,786 0.62%
Shipping .. $3,236 $3,236 0.53%
Cleaning $4,717 $4,717 0.77%
Charitable Contributions $3,300 -$3,300 E $0 0.00%
Supplies & Miscellaneous $22,855 -$3,701 F,L $19,154 3.12%
Total General Overhead $794,215 -$28,416 $765,799 124.80%
Total Overhead Costs $1,193,164 -$28,416 $1,164,748 189.82%
Overhead Rate 194.12% 189.82%
Exhibit F
Sargent Engineers, Inc.
Overhead Schedule
December 31, 2009
A. Interest unallowable per 48 CFR 31.205-20.
B. Adjustment for Common Control per 48 CFR 31.205-36(b)(3).
C. Advertising unallowable per 48 CFR 31.205-1 & MSHTO Audit Guide, Ch. 5.
D. Key Person's Life Insurance unallowable per 48 CFR 31.205-19(e)(2)(v).
E. Contributions unallowable per 48 CFR 31.205-8.
F. Holiday gifts unallowable per 48 CFR 31.205-14 and 31.205-13(b).
G. Lobbying unallowable per 48 CFR 31.205-22.
H. Overtime premium unallowable per 48 CFR 22.103-1 (2), 22.1 03-4(g) & WSDOT O/H Policy.
K Consulting on new project accounting system.
L. Flowers unallowable per 48 CFR 31.205-13(b). Gifts.
M. Entertainment unallowable per 48 CFR 31.205-14.
N. Excess per diem for lodging costs unallowable per 48 CFR 31.205-46 & MSHTO Audit Gul<
ExWbit G
Subcontracted Work
The AGENCY penuits subcontracts for the foIlowing portions of the work of this AGREEMENT:
In reference to Exhibit A-I Scope of Work:
TASK2-SITESURVEY.
TASK 3 - HYDRAULIC ANALYSIS.
TASK 4 - ENVIRONMENTAL SERVICES.
The portion ofT ASK 5 - PRELIMINARY DESIGN REPORT that corresponds with Constructability Review,
which shall be supplemented as depicted in Exhibit G-I, Subconsultant Fee Detennination - Summary Sheet
for Bret's Construction Services, LLC.
Revised 101/05/09
Pw Jonns/contract/consultdoc
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Exhibit G-2
Subconsultant Fee Determination
(Specific Rates of Pay)
Northwestern Territories, Inc. Fee Schedule
Discipline or Job Title Hourly Rate Overhead @ Profit @ Rate Per Hou
256% 30%
$24.00 $61.41 $7.20 $92.61
$22.00 $56.29 $6.60 $84.89
$25.00 $63.97 $7.50 $96.47
$40.00 $102.34 $12.00 $154.34
$17.50 $44.78 $5.25 $67.53
exhibit G-3
Northwestern TerrJtorlee, Inc.
OVerhead Schedule
Decernber31,2010
% of Direct
Amount Salary
Direct Labor $355,139
Fringe Benefits
FICA $96,248 27.10%
Unemployment $31,413 8.85%
L&I $6,091 1.72%
Company Insurance and Medical $75,689 21.31%
Long Term Disability $5,388 1.52%
Vacation, Holiday, and Sick Leave $63,434 17.86%
Commsion, Bonuses/Pension Plan $3,470 0.98%
Total Fringe Benefits $281.733 79.33%
General Overhead
Business Taxes $26,288 7.40%
Insurance $34,466 9.70%
Administration and Time Not Assignable $166,936 47.01%
Office Supplies $35,011 9.86%
Professional Services $29,720 8.37%
Facilites M&R $10,636 2.99%
Telephone $18,563 5.23%
Utilities $10,787 3.04%
Computer M&R1Supplies $28,955 8.15%
Equipment Maintenance and Repairs $11,507 3.24%
Lab Testing Expense $10,670 3.00%
Professional Development $16,982 4.78%
Depreciation $22,344 6.29%
Rant $72,700 20.47%
Operating Supplies and Services $47,360 13.34%
Postage $3,324 0.94%
Recruitment and Retention $6,077 1.71%
Vehicle and Mileage Expense $26,465 7.45%
Property Taxes $6,293 1.77%
Officer's Life Insurance $3,176 0.89%
Advertising $17,278 4.87%
Bad Debt Expense $15,800 4.45%
Interest Expense $5,604 1.58%
Total General Overhead $626,942 176.53%
Total Overhead $908,675 255.86%
Overhead Rate 255.86%
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December 30, 2011
WATERSHED
Science & Engineering
110 PrefonlaIne Place South, SUIte 508
Seattle, WA 98104
206-521-3000
Mr. Monte Smith, President
Sargent EngIneers
320 Ronlee Lane fINII
Olympia, WA 98501
Re: Certified Rates for Jeffereon County Department of Public Works
Please consider this letter to be a statement of rates for Watershed Science & Engineering Inc.
(WSE). It covers consulting services to be provided to support Jefferson County Department of
Public Works. WSE Is a small and relatively new firm with six full time and two part time
amployees. The firm does not yet have a celculated overhaad rete. We charge a flat hourly fee
for service that Is ail-Inclusive of direct salary, overhead, and profit. The hourly fees offered for
this contract are the lowest fees we offer clients. The followtng Is a list of our flat hourly fee for
each staff cetegory:
Staff Cateaorles
. Principal EngIneer
. Senior EngIneer I
. Senior EngIneer II
. Engineer
. Jr. EngIneer
. GIS SpecIalist
. Technician
. Jr. TechnIcian
. Clericell AdmIn.
~
Bllllna Rata
$185
$155
$125
$105
$90
$75
$70
$50
$55
EmDlovees Names
Jeff Johnson, Larry Karpack
Bob Elliot
Chris Frel
Erika Ottenbrett, Shalna Sabetlne
Bonnie Cassarino (part time)
Karen Karpack (part time)
WSE will comply with the rules and regulallons regarding travel costs In accordance with
Washington State Department of Transporlatlon Accounting Manual M13-82, Chapter 10 Travel
Rules and Procedures, and revisions thereto.
Please call me at any time should you have any questions.
I
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!
Very truly yours,
Watershed Science & Engineering, Inc.
Jeff P. Johnson, P.E.
President
Exhibit G-l
Subconsultant Fee Determination - Summary Sheet
Widener and Associates
Project: Preliminary Design Report: Culvert Replacement on Upper Hob Road
Salary Cost
Project Project
Task Manager Biologist Task Cost
Rate: $140.15 $86.89
Wetland Identification
Data Collection 6 12 $1,884
Field Work 4 12 $1,603
ESA Habitat Conditions
Data Collection 2 4 $628
Field Work 2 4 $628
Environmental Issues Report
Potential Impact Analysis 16 8 $2,937
Draft Environmental Issues Report 4 16 $1,951
Final Environmental Issues Report 2 4 $628
Total Hours 36 60
Total Salary Costs $10,259
Reimbursables
Tmvel $400
Grand Total $10,659
Date: January 17,2012
.!e
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exhibit G-3
WIdener and Associates
Overhead Schedule
December 31, 2009
Unadjusted Adjusted % of Direct
Amount Adjustment Amount Salary
Direct Labor $411,970 $411,970
Fringe Benefits
Payroll Taxes $50,000 $50,000 12.14%
Holiday pay $4,148 $4,148 1.01%
Vacation $18,832 $18,832 4.57%
Sick pay $0 $0 0.00%
Insurance - Health $12,266 $12,266 2.96%
Pension plan $20,371 $20,371 4.94%
Profit sharing plan $53,711 $53,711 13.04%
Seminars, Education $7,783 $7,783 1.89%
Total Fringe Benefits $167,111 $0 $167,111 40.56%
General OVerhead
Indirect salaries $80,844 $80,844 19.62%
Insurance - Professional Liability $6,424 $6,424 1.56%
Insurance - other $13,000 $13,000 3.16%
Computer expense $3,071 $3,071 0.75%
Professional Services $64,386 $64,386 15.63%
Direct Cost Reimbursement -$51,709 -$51,709 -12.55%
Travel Expense $50,000 $50,000 12.14%
Office Supplies $15,000 $15,000 3.64%
Office rent and utilities $31,503 $31,503 7.65%
Field supplies $32,500 $32,500 7.89%
General office expenses $15,000 $15,000 3.64%
Telephone $15,000 $15,000 3.64%
Vehicle repair and maintenance . $20,000 $20,000 4.85%
Taxes - State B&O $30,000 $30,000 7.28%
Depreciation $120,000 $120,000 29.13%
Cost of Money $7,000 $7,000 1.70%
Total General Overhead $452,019 $0 $452,019 109.72%
Total OVerhead $619,130 $0 $619,130 150.29%
Overhead Rate 150.29% 150.29%
r---
Exhibit G-l
Sulx:onsultant Fee Determination - Summary Sheet
Bret's Construction Services, LLC
Project: Preliminary Design Report: Culvert Replacement on Upper Hoh Road
Salary Cost
Task . Principal Task COSi
Rate: $70.00
.
Mile Post 3.338 $2,240
Constructability Review 32
Site Visits and Meetings 8 $560
Total Hours . .. . 40
Total Salary Costs $2,800
Reimbursables
Mileage at $0.555 per mile 500 $278
Grand Total $3,078
. Date: January 17,2012
BRET'S CONSTRUCTION SERVICES, LLC
1308 E 16TH Circle
La Center, WA 98629
(360) 229-2571
December 29, 2011
Monte SmIth
Sargent Engineers, Inc.
320 Ronlee Lane NW
Olympia, WA 98501
Subject: Hourly Rate Statement
Dear Mr. Smith,
As a newly formulated company, BRET'S CONSTRUCTION SERVICES, LLC has established an
hourly billing rate of $70.00 per hour, plus actual expenses Incurred for direct non-salary costs.
This billing rate has been established for all clients and will be applied to work completed for
Jefferson County.
Sincerely,
8'ld~
Bret Miller
Exhibit H
Title VI Assurauces
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
I. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the
selection and retention of sub-consultants, including procurement of materials and leases of
equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the REGULATIONS, including employment practices when the
AGREEMENT covers a program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment In all
solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be
performed under a sub-contract, including procurement of materials or leases of equipment, each
potential sub-consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S
obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the
grounds of race, color, sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by
the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by AGENCY,
STATE or the Federal Highway Administration (FHW A) to be pertinent to ascertain compliance with
such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT
is in the exclusive possession of another who fails or refuses to furnish this information, the
CONSULTANT shall so certifY to the AGENCY, STATE or the FHWA as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHW A 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 (I)
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.
Revised 10/105109
Pw Jormslcontractlconsultdoc
Exhibit I
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Seetion IX)
Lnmp Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments
previously made shall total the same pereentage of the Lump Sum Amount as the work completed at
the time of termination is to the total work required for the PROJECT. In addition, the
CONSULTANT shall be paid for any authorized extra work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments
previously made, shall total the actual costs plus the same percentage of the fixed fee as the work
completed at the time of termination is to the total work required for the Project In addition, the
CONSULTANT shall be paid for any authorized extra work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actua1 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 of Work Contracts
A fina1 payment shall be made to the CONSULTANT for actua1 units of work completed at the time
of termination of this AGREEMENT.
Revised 101105/09
Pw JormstcontractlconsuJtdoc
Exhibit J
AUeged 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 unifonn
method for the resolution and/or cost recovery procedures in those instances where the agency
believes it has suffered some material damage due to the alleged error by the consultant.
Step 1 - Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is
for 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 infonned 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 nonnally 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-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 detennined 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, if any, as to how the settlement affects federal reimbursements. No
further action is required.
. There is not a mutual agreement regarding the alleged consultant design error(s).
Revised 101105109
Pw Jonnslcontractlconsulldoc
The consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not
able to reach mutual agreement with the consultant, proceed to Step S.
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.
Revised 101/05/09
Pw JollllS!contract/coosultdoc
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement.
The following procedures should only be utilized on consultant claims greater than $1,000. If the
consultant's claim(s) are a total of$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 I - Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that
were outside of the agreement's scope of work, they may be entitled to a claim. The first
step that must be completed is the request for consideration of the claim to the Agency's
project manager.
The consultant's claim must outline the following:
. Summation of hours by classification for each firm that is included in the claim;
. Any correspondence that directed the consultant to perform the additional work;
. Timeframe of the additional work that was outside of the project scope;
. Summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work; and
. Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 - Review by Agency Personnel Regarding the Consultant's Claim for Additional
Compensation
After the consultant has completed step I, 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 the
Region Local Programs Engineer, if the claim is not eligible for federal participation,
payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT
Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the
consultant's claim, send a request memo, including backup documentation to the
consultant to either supplement the agreement, or create a new agreement fur 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.
Revised 10//05/09
Pw Jormslcontract/consult.doc
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 Progrsms 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 nutifY (in writing) the consultant
of their final decision regarding the consultant's claim(s). Include the final dollar amount
of the accepted claim(s) and rationale utilized for the decision.
Step 6 - Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the
amount of the claim. Inform the consultant that the final payment for the agreement is
subject to audit.
Revised 10//05/09
Pw JonnsicontractlconsuJtdoc
Exhibit M-l(a)
Certification Of Consnltant
Project No. I rgq6
Local Agency
I hereby certifY that I am ~1',j ,..-!- and
f
duly authorized representative of the firm of $""1 ~t l.-a tlA a.I!l whose address
is SZi> f.IM/aJ........ MloJ. f!)f..,,-..,'M, /AlA 96st1'2- and that neither I nor the above
firm I here represent has: 'I
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or
other consideration, any firm or person (other than a bona fide employee working
solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or
retain the services of any firm or person in connection with carrying out this
AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely fur me or the above CONSULTANT) any fee, contribution,
donation, or consideration of any kind for, or in connection with, procuring or
carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this eertificate 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
subjectto applicable State and Federal laws, both criminal and civil.
2. /d 201'Z-
Date
~J~
/ - Signature
Revised 101105109
Pw Jormslcontractlconsultdoc
Exhibit M-l(b)
Certification Of Agency Official
I hereby certifY that I am the AGENCY Official of the Local Agency of -1 c.~1\ (!., ..",.tr-,
Washington, and that the consulting finn 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 frrm or person; or
(b) Pay, or agree to pay, to any frrm, 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 ofFedera1-aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
/./~./e.
Date
Signature
Revised 101105109
Pw Jonmlcontract/consult.doc
> ' EXhibit M-Z .
Certifieat10a Regarding DebarIneDt, S1lSpe!lSio1!t llmtOtherRespOnslbility
, . Matters-PrlmaryCoveredTl'aIISlletlons.
. -. '~
- - '- . ":' . ". - , , - ': - ~. .-" . ,~.-' , , " -'. -,' ., . - - -
t . The prospeCtlvepritnary Participant certifies to the best of its knoW1edg0@dbelief,that it lIIId its
princiJl!lis:., .,.. . ' '. ,,"
-,,','
, ' - -- -'. -', - ,- -' .' -
,A. . Are not presently deParred,suspended, proposed fordebllrment, declllred ineligible; or
volimtarily excluded from coveted !ran$lICtions by any federaIdepartment or Ilgency;
~
.,.
. - - -
, ,
B; , Have notwitbh1atlu'ee-yearperlod preceding thlsproposaIbeen convicted of or had a
" civil judgmentrendered agllinsUhClli for coll1lllisslon or mud or a criminal offense. in .'
connectl()nwith ob1aining,attentpting to obtain, orpllIfonninga public (federal, state,OI' ,'..'
local) 1:rllnsactlon or contract under a public 1:rllnsactlon; violation of federal or state
, ,antitrust stat\1es or comniissronofembe2zlement,the1l, forgery, brlbery,falsiflClltionor >
," destructionof' ieCor.ds,makingtillse statetrlents,or receiving stOlen property; ,
C. Are notpresel:rt1y indiQtedfor o~ OtherwisecrlmlnaJly or civilly charged by a gov~enta1
entity (federal, state, ot local) withcommissron of any oftbeoffenses enumerated in
paragraphI(B)ofthlscertifiClltion;and' " , . '
\\l
,'J
- - ,,- ,
'D. Have ~<>twithin a three (3)yearpetiod ~ingthisapplicationlproposal had one or
, more pub1ic1:rllnsactlons(federal. state: orlocaJ)terminAfAit for cause or default ,
. ,
- ,.. - -, . "
II. Where the prospectlVepriniaryparticipant is ullable to certify to any of the statements in this
. ,certlfiClltion, such prospectivepllrtij:lpapt sbliIl attach an explanation to this proposal.
",".
Consultant (Firm):
-:;~e..'f~:Il~.-s, ~
':', ,
1.///1& '
. ' (Date)
'c,-',
(Sl~) ~or AuthorizedOfticial ofColisUltant.,
, ":~.,
;,<.,:'
c'
. . ~
-,e
,'".\ -
.-i.
.7'."
';/c,'-
c~
.,;J~
, .
'. ,ReVisedlOlIOSI09. '
PwJOl'Ill$Iconir!let/cOnsUltdoc'
Exhibit M-3
Certitication Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his
or her knowledge and belief, that:
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 Fedeml 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 Fedeml 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 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 shall require that the language of this certification be included in all lower tier
subcontracts which exceed $100,000 and that all such sub-recipients shall certifY and
disclose accordingly.
Consultant (Firm): "5 a.r~e..+ EII~ i.u.Y$ , 1t\C...
2./'/1"1-
(Date)
President or Authorized Official of Consultant
Revised 10//05/09
Pw jormslcontract!consultdoc
Exhibit M-4
Certificate of Curreut Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection
15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer
or to the contracting officer's representative in support of~III"'+ fl.t>. ct1 UCr:::: II.s. ~itJ.*
are accurate, complete, and current as of JIM ~ 20 IZ. * . This
certification includes the cost or pricing data suppo ng any advance agreements and forward
pricing rate agreements between the offer or and the Government that are part of the proposal.
Firm :s~"'"+ t, :lI.t.e.t"5~ lu..
Name 1W';~
/
Title jlr:..t.lp.I
Date ofExecution*** z/,ltz..
* Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the appropriate identifying number (e.g., RFP No.).
** Insert the day, month, and year when price negotiations were concluded and price agreement was
reached.
*** Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
Revised 10/105/09
Pw Jonnslcontractlconsult.doc