Loading...
HomeMy WebLinkAbout031212_ca04 Department of Public Works o Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request From: Board of Commissioners Philip Morley, County Administrator Frank Gifford, Public Works Director ;j,b To: Agenda Date: March 12, 2012 Subject: Standard Consultant Agreement with Van Aller Surveying Paradise Bay Road, Phase II Co. Rd. No. 503608, CR1873 M.P. 0.37 to M.P. 1.53 Statement of Issue: Standard Consultant Agreement with Van Aller Surveying of Carlsborg, WA. for providing surveying services for the Paradise Bay Road, Phase II, CR1873 project. Analysis/Strategic GoalslPro's It Con's: This project is included in the offidally adopted 2012-2017 Transportation Improvement Program as Item No.5. This project is also included in the adopted 2012 Annual Construction Program as item No.5. The purpose of this project is to construct 11 foot lanes, 4 foot wide paved shoulders, drainage , improvements, asphalt paving, signing, striping and other work, for this segment of Paradise Bay Road. This agreement will proVide surveying services by Van Aller Surveying, for the Preliminary Engineering phase. The required surveying services for this project consist of: topographic mapping, right of way ft centerline verification, and right of way a centerline staking. The topographic mapping and right of way establishment will be used in designing this project. Public Works staff used a consultant selection process to select this consultant from the 2011 Professional Services Roster as the most highly qualified consultant. Fiscal Impact/Cost Benefit Analysis: The maximum amount payable for consultant services under this Consultant Agreement is 531,176.26. This project has grant funding from the Rural Arterial Program (R.A. P.) administered via the State of Washington County Road Administration Board. . These consultant services will be eligible for reimbursement from the R.A.P. funding at the rate of 90%. Recommendation: The Board is asked to execute the three (3) originals of the Professional Services Consultant Agreement with Van Aller Surveying, and return two (2) signed originals to Public Works (attn. John Wayand). Department Contact: John Wayand, Project Manager, 385-9377 7~k~ Date , "' ~ Local Agency ConsultantlAddressfrelephone Standard Consultant Van Aller SurveyIng Agreement P.O. Box 757 !8IArchitecturallEngineering Agreement Carlsborg, WA 98362 360-683-3438 phone o Personal Services Agreement 360-683-3241 fax Agreement Number PBR 112011-1 Project Title And Work Description Federal Aid Number Professional Surveying Services for: Agreement Type (Choose one) CR1873 Paradise Bay Road, Phase II M.P. 0.39 to M.P. 1.63 o Lump Sum Co. Rd. No. 603&08 Lump Sum Amount $ o Cost Plus Fixed Fee DBE Participation Overhead Progress Payment Rate _% Overhead Cost Method DYes !8INo % o Actual Cost Federal 10 Number or Social Security Number o Actual Cost Not to Exceed _% o Fixed Rate 602035817 Fixed Fee $ Do you require a 1099 for IRS Completion Date DYes !8INo December 31, 2013 !81 SpecIfIc Rates Of Pay !81 Negotiated Hourly Rate Total Amount Authorized $31.176.26 o Provisional Hourly Rate o Cost Per Unit Management Reserve Fund $0.00 Maximum Amount Pavable $31176.26 Index of Exhibits (Check all that apply): !8IExhibitA-I Soo of Work DExhibit A-2 Task Order Ament DExhibit B-1 DBE Utilization Certification !8IExhibit C Electronic Exehan of Data Exhibit 0-1 Pa ent-Lum Sum DExhibit 0-2 Pa ent - Cost Plus !8IExhibit 0-3 Pa ent- Houri Rate DExhibit D-4 Pa ent- Provisional DExhibit E-I Fee - Lum IFixedlUnit !8IExhibit B-2 Fee - S eeifie Rates !8IExhibit F Overhead Cost Exhibit G Subcontracted Work DExhibit G-I Subconsultant Fee TIllS AGREEMENT, made and entered into this day of ,. between the Local Agency of Jefferson County, Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT" DOT Fonn 14lJ..089 EF Revised 312008 PW]onns/Standard Consultant Agreement with Exhibits Revised Iln/11 Page I of29 ,~'.:a i 'WITNESSETH THAT: .~ :: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessmy 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" 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 CoWlty 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 SUBCONSUL T ANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSUL T ANT, 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. IfDIMIWBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (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. PW]ormsIStandard Consultant Agreement with Exhibits Revised Ilnfll Page 2 of29 ~.,;g , ,&..~ All Reports, PS&E materials, and other data fwnished 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-salary costs and fIXed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub-contractor, any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. PW]ormslStandard Consultant Agreement with Exhibits Revised I In/II Page 3 of29 ~,;; . ..1!' 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. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the PW]ormslStandard Consultant Agreement with Exhibits Revised I Inlll Page 4 of29 ~~ ''Ic~ 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 "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days folJowing 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 tennination, 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 detennined 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 conve\1ience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shaH 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. PW]onnslStandard Consultant Agreement with Exhibits Revised I Inll I Page 5 of29 '. ~~ :;. ~ ....' X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as neceSSllI)' to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions offact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutnally agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". xu Venue, ApplieabIe Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. xrn Legal Relatious The CONSULTANT shall comply with all Fedeml, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contmct 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 iridemnity 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 contmctor. 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 contmct 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 insumnce law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administmtion of construction contmcts, if any, on the PROJECT. Subject to the processing of a new sole source, or an PW]onns/Standard Consultant Agreement with Exhibits Revised llnll J Page 6 of29 !:t~ . .,,-~ 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 geneml scope of the AGREEMENT in the services to be performed. PW]ormslStandard Consultant Agreement with Exhibits Revised Iln/1! Page 7 of29 ,.'i , . ..,~ 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 shaH 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 adjustmenf', hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justifY it, the AGENCY may receive and act upon a CLAIM submitted before fmal payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (8) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplemeut to this AGREEMENT. xv Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification oftbe Consultant and tbe Agency Attacbed hereto as Exhibit "M- I (a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Aceeptance This AGREEMENT may be simultaneously executed in several counterparts, each ofwbich shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratifY and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. PW]onnslStandard Consultant Agreement with Exhibits Revised) 1n/1) Page 8 of29 ~. ,,~ ~ ;; ....!-'- In witness whereot: the parties heretn have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. \lit.w "r.,I.A J vAV/f)'/,,,, r- Consultant (please prtnJ) BA/AN V.,,,,, Al,~ Consultant's Name (please print) !J,;.A.-.. Consultant's Signature a/A.... 'Z.... '2"-1 z.. Date COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member Approved as to form only this 2L-~ day of David lvarez Deputy Prosecul Attorney F~~ ~J-0 P/ Date Public W~irector PW]onnslStandard Consultant Agreement with Exhibits Revised Ilnfll Page 9 of 29 . !.~;: .., EXIllBIT A-I SCOPE OF WORK FOR SURVEYING SERVICES P ARADISE BAY ROAD, PHASE II M.P. 0.39 to M.P, 1.53 County Road Project CRl873 County Road number 503608 OBJECflVES: The objective of the proposed work is to provide surveying services for Jefferson County's Paradise Bay Road, Phase n improvement project. The Paradise Bey Road, Phase II project is located in the Port Ludlow area on Paradise Bay Road, between Ludlow Creek and Teal Lake Road, and in Sections 17 & 16, T28N, RlE, W.M. The existing road is approximately 22 feet wide and the proposed roadway project is approximately 6,125 feet long. This project will preserve & rehabilitate the asphalt roadway surface, widen and pave the shoulders to 4 feet, and improve the drainage, signing, striping, and guardrail facilities. The proposed scope of work for this project includes: administration and coordination, topographic mapping, right of way and centerline verification, and right of way & centerline staking. The Consultant will be responsible for any and all work and materials necessary to provide the required surveying for this project. The Consultant's work effort shall be sufficient to complete the tasks as specified in this scope to the satisfitction of Jefferson County Public Works (Agency). All methods and materials will be in accordance with Washington State Department of Transportation (WSDOT) standards and the WSDOT Highway Surveying Manual except as modified by the Agency. All work shall be relative to Washington State Plane Coordinate System. The Consultant shall provide all data used in performing the work in this scope in both hard copy fonnat and digital fonnat as specified in the Exhibit C of this agreement and as specified later in this scope of work. The Consultant may be considered for additional surveying services during the construction and post-construction phases, depending upon the Consultant's satisfactory performance of the current work scope, upon the Consultant's interest in providing additional surveying services, and upon negotiation of a Supplemental Agreement per Section XIV Extra Work. ADMINISTRATION AND COORDINATION This work includes management of the Consultant's work effort, management of project scope and budget, management of schedule and delivery dates, coordination of the Consultant's activities with the Agency, and submittal of progress reports and invoices. Provide monthly written progress reports submitted with the monthly project invoice, which shall include the following for the Consultant and any SubconsuJtants: a. Progress-to-date for that month. Provide detailed description of the work completed by each employee. b. Progress compared to original schedule and anticipated progress next month. c. Anticipated problems and delays for the Consultant's work. d. Updated schedule of individual work elements. e. Critical path schedule for the Consultant's work. Provide invoices for accomplished work at a frequency not to exceed one per calendar month. The Agency will disallow all or part of any claimed cost, which is not adequately supported by documentation. Consultant invoices shall include the following infonnation: a. Name of each employee that worked on the project in the billing period. b. Each employee's job classification. PW]onnslStandard Consultant Agreement with Exhibits Revised 11nt1l Page 10 of 29 ~. ... . c. Each employee's hours worked. d. Each employee's hourly wage rate. e. The total wages paid each employee. f. Each invoice will also include all direct non-salary costs and copies of supporting invoices or bills. g. All mileage charges will be supported by departure and arrival odometer readings for all vehicles used for the work. Deliverables: Monthly progress reports including updated critical path schedules, and monthly project invoices. ."" TASKS TASK 1: TOPOGRAPIDC MAPPING A. Field mapping of topographic features to be accomplished within the following limits: Paradise Bay Road: Spinnaker Place: Timberton Drive: Edgewood Drive: South Bay Lane: Fairwind Court: Ludlow Bay Road: Mariner Place: Teal Lake Road: Windrose Drive: Sta. 20+75 to Sta. 82+00 (6,125 feet) Sta. 0+00 to Sta. 3+00 (300 feet) Sta. 0+00 to Sta. 3+70 (370 feet) Sta. 0+00 to Sta. 3+70 (300 feet) Sta. 0+00 to Sta. 4+00 (400 feet) Sta. 0+00 to Sta. 2+50 (250 feet) Sta. 0+00 to Sta. 5+50 (550 feet) Sta. 0+00 to Sta. 3+00 (300 feet) Sta. 0+00 to Sta. 5+00 (500 feet) Sta. 0+00 to Sta. 1+50 (150 feet) B. The topographic mapping within the limits 1isted above, shall consist of the following: I. Existing ground topography mapping to a sufficient ground point density to euable the Ageocy to construct an accurate TIN surface model for use in desiguing the proposed roadway improvements. 2. Horizontal and vertical location of the physical roadway centerline, intersecting roadways and their intersections, edge of pavement, shoulders, driveway approaches, ditches, pavement striping, signs, mailboxes, fencing, landscaping, significant trees, adjoining residential and commercial structures, etc. Locate intersecting driveways to a distance of 50 feet from edge of pavement. 3. Locate all utility poles, above ground utilities, and underground utilities (water, sewer"power, telephone, etc.) as marked by One-Call Locator service. 4. Locate all catch basins, culverts (cross culverts and approach culverts), and other storm drainage structures, in the vicinity of the proposed construction area and establish type, diameters, and the inlet and outlet invert elevations. 5. The topographic data shall be collected out to a distance of 40 feet perpendicular from the existing roadway centerlines, on each side of all roadways within the project limi1s. 6. Locate any existing creeks, gu1leys, drainages within or adjacent to the proposed construction area. Locate the apparent ceoterlines, top of bank and surrounding ground at a sufficient point density for constructing an accurate TIN surface model. C. All topographic mapping data shall be processed into a topographical base drawing for use by the Agency to design the proposed roadway improvemeuts. D. All plans will be prepared in accordance with the WSDOT Plans Preparations Manual, except as modified by the Ageocy or to address specific project needs. E. The topographic plan will include, but not be limited to: section ~visional ties, existing right of way boundaries and property lines of all parcels adjoining the project, found property comer monumeots, existing roads, driveways, utilities, culverts, ditches, roadway striping, signs, mallboxes, feocing, landscaping, other existing features, topographic points, TIN sw1hce model, contours at 2 foot intervals, titles, legeod, projecttitle and other project information. PW]onnslStandard Consultant Agreement with Exhibits Revised lInn ( Page II of29 0._ ~~~~ . ..~ F. The topographic plan drawings shall be made at a horizontal scale of 1"=20'and prepared on 22"x34" sheets. The topographic plan is not required to include an Agency border/title block. Submit the topographic plan on paper for the 90"10 preliminary stage of completion for review. Final plans will be submitted on Mylar and in the AutoCAD ReI. 2009 or newer AutoCAD ".dwg" file format on a CDfDVD. G. The Consultant shall provide all data used to produce the topographic base plan in digital format compatible with the Agency's civil engineering program "Aotodesk Civil 3D". All project electronic drawing and auxiliary files shall be provided to the Agency. If the consultant does not use Aotodesk Civil 3D, all survey data files wUl be provided to the agency in "Land XML" format The final topographic plan shall be provided to the Agency in AotoCAD ".dwg" file format containing mapping point numbers, x,y;z. coordinates, and descriptor values. The Consultant shall also provide all point data in a separate digital file in ASCII format on a CDfDVD. TASK 2: IDGHT OF WAY AND CENTERLINE VERIFICATION A. Review and research project related deeds, recorded surveys, existing section subdivisions, and road plans. B. Establish project horizootal and vertical control to be used for topographic mapping, right of way staking, future construction staking, and future as-built mapping. C. Field measurement of subdivision corners and processing of field measurements. D. Analysis ofsubdivisional data and determination ofR/W centerline location & adjoining parcels property line locations. E. Locate, tie, and reference the known existing property corners within the construction area. TASK 3: RIW & CENTERLINE STAKING A. Review and recommend the roadwey segments which need further right of way determination with Agency staft: The segment of right of way from Sta. 65+50 to Sta. 82+00 is known to be neaded; there may be additional segments requiring right of way establishment B. The Consultant shall perform the analysis and calculations to establish coordinates at all required right of way comers, intersections of right of way and property lines, and any easement locations. C. The existing and proposed right of way lines shall be shown on the topographic plan submitted to the Agency. Individnal property lot lines will not be located on the ground, bot will be depicted per existing deeds on the plan. D. The Consultant shall prepare right of way plans showing all existing and proposed right of way for this project E. Set all required right of way comers with hubs and lath only (no rebar, pipes or surveyor caps). The Agency will provide a list of right of way comers to be set and lines to be marked. F. Set construction centerline stations (P.K. nails or spikes) at 50 foot intervals and intermediate stations as needed. PW]ormslStandard Consultant Agreement with Exhibits Revised I InlI I Page 12 of29 - &~ ol::. ..~ ~ ! , III i ..... I I I I - 1 ! , ;:!; T - i i i I l'tl I ..... I N i r =r ..... i ,. ; ..... I ..... I ; , , : i ! 0 ..... I ... 1 I : I I , , '" i , I ~ 1 I 00 I w w 3: 1 " I 1 I I . .0 , i i I ; ! 1 III : i . ..,. W 1 I 1 ~I~ i i ~~ l'tl ~~ ! o::z w _ N w~ I ~> I ~o:: Z ::J , W III ..... ~ Ll. 0 .- ~ ~ ::E ::J ~ ~ .. ~ ~ ~ 0 ~I ~ ~ ~ ~ ~ ~ ::i w .. .. .. .. .. 0 0 o. 0 0 0 ~ .. .. .. .. w :J: I 0 00 0 0 0:: ~ ..,. ~ ..,.' ;:!; ..... ..... ..,.'", 11. N N "'I ..... ..... l'tl ..,.. III ." '0 ,e: '.. ..J ... u l!! u fo :E i ! ... '" ~ ii: Co e: ,'" ." e 0 E I! 0 e: e: ~ ." ." fll 'B ," .. I ... 8 c c .. , .. J c a ti ... ti Co :::l C 0 ... c 8 c ~ 'Ii: .. 0 ." 0 ~ C ~ .. ;;: +:l 5' - 'in 0 IlO c C = ! ~ c '" +:l .. 8 ... .. .. "> '0 c ~ ~ "3 .Q , U .. ti ;;: I :::l OJ '6 e: 1.5 .. , .,,~ .. E '" .,; ... ." , E. '" '" .Q 'E c "E ~ ~ c ... : .sa ,> ~ :::l .2! .. 0 Q. . Ii ~ ." VI ~ ::i g l!! ... ... ~ ~ S '0 .s::: ci IlO C 0 U '" .!!!I ru~c ~Iai' 0 '" E g ::Ec. c l!l ." ~ ... '" ... 0:: '5. .IS u c ." 0 e: .s::: 8 ." U Co c .!!!I ... a: .- .. Co ciS '" .. l!! c 0 e: ::i 0 0. '" .... '" .s::: ::E .. 2 5 '" '" "11. 0 3: . 0:: 3: .. .. ~ U 0. ::E . E 1= c .!!l 1lO! +:l I~ '"'- ~ ::E e I! ~ 'c ..J ... ~ .51 I .. ~ Ill, 1~ 0 :::l oJ 0 1 "3 irQ 0:: U IlO 'U' :E 11. 0 .s::: :J: V) ...... U ro .5 1 _ja ." c., '" '" 5 III .. '" B E.>< i 0 0. ~1lO~ .s::: ." '" ~ .12. ." c.Q 0. .....I~ ~ .!!l c." '" 5!.9 ~ < 11. .IS - :::l I! ~ B .5 1lO' il :c .. ... ::E ~I; '" "'~ I'" '" '" VI ~IVI ." ~Ii~ ." g: '*' [I 3: 8 ~....."Oc. U ~II~ i u 0. U ." ... - 8- ~ Gl ~ .~ .!2 ]! e g:'" g: .. g: Gl e: .. oc!S~ .....'" 8~ ~ ;:;: 0::0:: u..o..u.o.. o lij 0 ::E 0 ;:;: ~!f€ . . .,~~' Exhibit C Eleetronie Exebange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide adescription 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: cadastra1, topographic, and construction surveying: ASCII format or Land XML containing point numbers, coordinates (x,y,z) in Washington Coordinate System Grid, and point descriptions. B. Roadway Design Files: Agency's current Engineering computer program file format or Land XML format. C. Computer Aided Drafting Files: AutoCAD drawing file format in the Agency's current version or an agreed upon older version. D. Agency's right to review the product with the Consultant: The Agency shall have the right to review the submitted files with the Consultant at the Agency's discretion. E. Electronic Deliverables to be provided to the Agency: All surveying data, maps, and plans; Preliminary surveying studies, calculations, computer program results, analyses, reports, correspondence, reviews, and photos; cross-sections, profiles, plans, estimates, and schedules. n. Any Other Electronic Files til Be Provided: As needed. m. Methods to Electronically Exchange Data A. Agency Software Suite: Microsoft Office (2007 or newer) programs, Autodesk AutoCAD 2009 thru 2012, Autodesk Civil 3D 2012 program, Eagle Point design program. B. Electronic Messaging System: Microsoft Outlook C. File Transfers Format: ASCn, Microsoft Office programs formats, Autodesk program formats, and Eagle Point program formats. D. Physical media: Transfer all data to the Agency on optical media: CD or DVD format. PW]onnslStandard Consultant Agreement with Exhibits Revised I Inlll Page 13 of29 ~,.~ .0 c . ..~ Exhibit D-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work perfonned or services rendered and for all labor, materials, supplies, equipment, and incidentals necessmy to complete the work. The CONSULTANT shall confonn 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. If negotiations are not conducted for the second or subsequent twelve (12) mouth 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-Salaty 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 rentaI 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 31.205-46 "Travel Costs." b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessmy for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$IOO,OOO or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XN, "Extra Work." 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XN, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. PW]ormslStandard Consultant AgreemOQt with Exhibits Revised Iln/11 Page 14 of29 , ..!.:;:. it .." 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 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 mtes, and present duties of those employees performing work on the PROJECT at the time of the interview. 6 Final Payment: Final Payment ofany balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and tmnsmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any 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 relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE, and the United States, for a period of three (3) years after receipt offmaI payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this 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. PW]onnslStandard Consultant Agreement with Exhibits Revised Iln III Page 15 of29 .,.!~ , ..~. Exhibit E-2 Van Aller Surveying Consultant Fee Determiuation - Summary Sheet (Specific Rates of Pay) Fee Schedule DIRECT SALARY COST: Hourly Overhead Profit Rate Discipline or Job Title Rate @ 104.3% @ 30% Per Hour Professional Land Surveyor $45.00 $46.94 $13.50 $105.44 Survey Tech. II $21.00 $21.90 $6.30 $49.20 Survey Tech I $15.00 $15.64 $4.50 $35.14 DIRECT NON-SALARY COST: Mileag;e: $0.55/mile Reoroduction costs Actual cost Materials Actual cost PW]onnslStandard Consultant Agreement with Exhibits Revised I In 111 Page 16 of29 "'~' :; i a..o:'!l;. COUNTY ROAD PRO.IECT CR1873 _1I8y__U N.P.o.satolLP.1 lO+7Ilto USfllllt JEPFERSON COUNtY PUBUC WORKS SURVEYtNG FOR PREUMINARY ENGINEERING TASKS P.E. ADMINISTRATION AND COORDINATION MaTINGS WITH N3elC18TAFP PROGRli86 RSPORTa I INVOICe PREPARAilON 1RAVEl.'T1MS:I 1l1.0tnJR.T.II2lllJ. Exhlblt E.2 contln """"""" 8"""((" 1106.44 ""... . SUBoTOTAl. AOMlNl8TRAllONANDCOORDlNA'nON HOURS 7.00 DOUAAS ""'.. , TASK 1 . 'J'OPOGRAPHIC MAPPING NEWFlEl.OTOPOG.8l.IR\IEYING2Ofo78 82t'(O 1 PI.U8 PROC!!SSlNO OP NEWPiELD TOPOG. SURVEYING DRAFTINCI NEW TOPOGRAPHICAL BASa MAP SUBMIT TOPOGRAPHIC BASE MAP TO AGENCY REVlSlONS TO TOFOGRAPHIC BASE PlAN TRAVEL TIME .1.OInJRT.1r$ tn. 8lJS.TOTAl. ~MAPPING HOURS DOUAR1I TASK 2. RIGHT OF WAY AND CE!NTERlJNEVER1fICAllON RaVlEWOFPRO,IECTRElATEOOEl!OS RoO.S. E!XlST ea:T'IONSIJBDlV ANO E8TABUSH PROJa;T HORllONTAl.ANtl VERTICAL CCMROL FIaO MI:ASUREMENT OF 8UBOlVl8IOl'I COR\'I1ER8 AND Pl.ATUOHUM!Nl'$ PROCElS8lHGOFFlElOI.U!A8lIREUENTS ANALY8l8OFSUBOlVISlONAl.lNFO~ DlrreRMINATJOlIlOflRf'NCENTl!Rl.lNS a AOJOIMNG PAACID..a?ROP&RTY IJM! lOCATlON:&. ~ElOlJI'lNBPROPElUY~WlTHlN TAAVELTIME 1l1.0hralR.T,"~ In. SlJ8.TOTAt. 8lS8DlV.NW.:. R.w&ct.E8TAlIl:l&lMENT HOURS TASK 3. RlW a CENTeRLJNe STAJQNG COORDlNATE REQUIRED fWlWrTtl AGaNCY CALCUl.ATtONS OF ccxmDINATE8 FOR lOOST1N3 RIGHT OJ' WAY 00$W!R81 lNCWOll'<Ge&+5tITOll2+OO ADO RlaHT OF WAY L.JNa8 TO TOPO. SMa MAP e&+5ll TO PRl!PARERlOHTOF 'tPLANS lrrJWlEXlSTlNGRNi~INFtEt.O STAKE COl\l81RLICTlOH CENTeRUNE IN FlELD TRAVEL TIME .UInJRT.a2 In. SUBoTOTAl. RM'ANtlCllNTERLlNESTMlHGHCURS 12-00 DOUAAS " TASK SUBTOTAlS "00 ..." " 10 .... ..7.7S 8lJB.TOTAl. ADWNl6'rRA'TlONANDCOClRDlNATION HOURS 7.00 DOUAAS .. TA8l<1: SlJB.TOTAl. TOP03RAPHlCA1.I.IAPPlNO HOURS 19.00 ." TASJ(lfSUB.TOTALRlOHTOPWA'tANDcmNn!RL.lHBVERIflCAnON HOURS 2&.00 DOUAllI ." TASK3:81.JS.TOTAl. RlWANOCl!NTERUIIIl:!STAlONG HOlJR8 12.00 DOU.ARl3 $1 211 ".00 $7064.48 SUBTOTAL NOTIt1 "o.llIhour1round "Uhour1 n'lIltl b. c. MaterIals: Stakes. DIRECT NDN-8AlARY COST: a Mi e VehIcle. 18 ROUND TRIPS x 78 mIIea x. $742.60 assume 37.6 mIles one EIc. Sub-Total """"" TI!l21 ..... ""... WANFlELD l!STlMATEO IlOURlI/DOUAllI 0ata:1J26'2012 o o o ... "00 o . . 1 . " ..00 "...... 10 o , , o o 14.00 " , . . o o "00 8781.00 .00 00 24.00 11llO.80 1400 "00 .20 ...00 $2656.80 "...... PM'" ... "00 "'00 1134.08 41.<<.1 ...... 19.<<.1 830" ... ..00 "'00 $1113408 "00 24 "00 " o '.00 o 1.00 7.00 ""'" ... ..00 .... IlOURlI DOUAAS .00 .00 IlOURlI DOUAR1I '00 .00 .00 . M.OO HOlJR8 $1008lL80 I DOU.ARS ROUlIl7 ""'" '00 0.00 .00 .00 .00 '00 1.00 '00 0.00 1.00 1.00 .00 ... 1.00 .00 .00 .00 .00 1.00 1.00 .... ~oo moo HOURS 1$.00 $20412.48 $30 133.78 00UAR8 $742.60 $0.00 $300.00 $1,042.60 Total n1178.26 o o o "00 24.00 '00 o . 11UlO 14 1a24 o "00 . " ..00 o "00 o o o "00 . . , "'00 ... 700 ""'.. 11&.00 4318.24 ".00 $1Oose.eo "... ..... 1.00 .00 .00 .... '00 '00 IlOURlI DOUAR1I IlOURlI ""'-'- ...... DOUAAS IlOURlI DOUAAS IlOURlI OOUARS ".5; 'l ~. ~'5. Account Title $ Beginning Total % of Direct Labor Direct Labor 79,000 Overhead Expenses: FICA 7,440 9.4% Unemployment 400 0.5% Health! Accident Insurance 3,400 4.3% Medical Aid & Industrial Insurance 1,650 2.1% HolidayNacationlSick Leave 3,500 4.4% CommissionIBonus/Pension 1,200 1.5% Total Fringe Benefits 17,590 22.3% General Overhead: State 8&0 Taxes 2,243 2.8% Insurance 7,096 9.0% Administration & Time Not Assignable 3,500 4.4% Printing, Stationery & Supplies 4,062 5.1% Professional Services 1,892 2.4% Travel Not Assignable (includes fuel) 16,230 20.5% Telephone & Telegraph Not Assignable 2,240 2.8% Fees, Dues & Professional Meetings 1,600 2.0% Utilities & Maintenance 2,536 1.9% Professional Development 1,500 1.9% Rent 7,200 9.1% Equipment Support (Trimble lease) 10,124 12.8% Office, Miscellaneous & Postage 4,580 5.8% Total General OVerhead 64,803 82.0% Total OVerhead (General + Fringe) 82,393 104.3% OVerhead Rate (Total Overhead I Direct Labor) 104.3% Exhibit F (Van Aller Surveying 2010) Breakdown of OVerhead Cost PW]ormslStandard Consultant Agreement with Exhibits Revised lInn I Page 17 of29 ~ ~ .~z,; ;':f: ..-: Exhibit G Subcoutracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: None, unless authorized by the Agency PW]ormslStandard Consultant Agreement with Exhibits Revised 11ntll Page 18 of29 """? ';1 ...<;. Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assiguees, 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 FHW A as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHW A may 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. PW]ormslStandard Consultant Agreement with Exhibits Revised I Inlll Page 19 of29 "-"'i! f " ~':. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A fmal payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage 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 Pins Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shaD 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 fmal 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 of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. PW]onnslStandard Consultant Agreement with Exhibits Revised Ilntll Page 20 of 29 .",,",! ~ .."! Exhibit J Alleged Consultant Design Error Proaldures The purpose of this exhibit is to establish a proaldure 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 forthe resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step I - Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the fIrst indication of potential consultant design error( s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these proaldures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records oflabar, materials and equipment. Step 3 - Contact the Consultant Regarding the Alleged Design Error( s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 - Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: . It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. . It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, 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). PW]ormslStandard Consultant Agreement with Exhibits Revised I Inlll Page 21 of29 ~.. ""1:'- ';:t The consultant may request that the alleged design error( s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. ..& 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 LocaI 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 identitY 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 identitY the amount of fedeml 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. PW]onns/Standard Consultant Agreement with Exhibits Revised Iln /11 Page 22 of29 !~ ,..~ <! .. 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 $1,000. If the consultant's claim(s) are a total of$l,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 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 WSooT 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, WSooT Highways and Local Programs (if applicable), and FHW A (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. PW yonnslStandard Consultant Agreement with Exhibits Revised 1 Inll 1 Page 23 of29 .. ....5' ~ ,4 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures, Step 3 - Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: . Copy of information supplied by the consultant regarding the claim; . Agency's summation of hours by classification for each firm that should be included in the claim; . Any correspondence that directed the consultant to perform the additional work; . Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; . Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); . Explanation to describe what has been instituted to preclude future consultant claim(s); and . Recommendations to resolve the claim. Step 4 - Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures), If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs an,! FHW A regarding final settlement of the claim, If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 - Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notifY (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the fmal 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. PW]ormslStandard Consultant Agreement with Exhibits Revised I InI1 I Page 24 of 29 'l,., '."'~ ~ .,~ Exhibit M-l(a) Certification of Consultant Project No. CRl873 Local Agency I hereby certify that I am Bit I Mil Ihl IV' A J.U4 and duly authorized representative of the fmn of Van Aller Surveving whose address is P.O. Box 757. Carlsborg. WA. 98324 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with 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 certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. 2 - 2J- J 1- Date /k:. 4- ~ Signatore PW]ormsfStandard Consultant Agreemeot with Exhibits Revised 1 Inll 1 Page 25 of 29 ~! ....m. ~ ,. Exhibit M-l(b) Certification of Agency Official ... I hereby certifY that I am the AGENCY Official of the Local Agency of Jefferson Counly. Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any finn or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Name /~~~~~. 9~ Signa~~ -,: ~ ~tr..uno; .!f::;.c)tG/~ Date ~'/&./2- PW]onnslStandard Consultant Agreement with Exhibits Revised 1 In /11 . Page 26 of29 ,~ ~ ~"::t io ,. ExhibitM-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Tl'IUllIaCtions ... I. The prospective primary participant certifies to the best of its knowledge and belief: that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in counection with obtaining, attempting to obtain, or perfonnmg a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph I( B) of this certification; and D. Have not within a three (3) year period preceding this application/proposal had 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):Van Aller Survevinl! Name Sit IA- ,./ V Jt.../ (please pri1ll) A L t.G1\ . &-,,' A.. ""b ~ Signature: President or Authorized Official of Consultant Z~ZJ~/?... Date PW]ormslStandard Consultant Agreement with Exhibits Revised I Inll I Page 27 of 29 ~~ ~ .'"' Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Fonds 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 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 coopemtive agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contmct, grant, loan, or coopemtive 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 coopemtive 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 subcontmcts which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. Consultant (Firm): Van Aller Survevinl! Name 8 I< 11'''1/ y,,~ "'U.GA. (please print) /l".: "- a./.L..- Signature: President or Authorized Official of Consultant 2-~.1-/~ Date PW]onnslStandard Consultant Agreement with Exhibits Revised I 1n/1 I Page 28 of 29 , ~:'!! .; . Exhibit M-4 Certificate of Current Cost or Pricing Datu A f This is to certify that, to the best of my knowledge and belief, the east or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the eantracting officer or to the eantracting officer's representative in support of Paradise Bav Road. Phase II" are accurate, eomplete, and current as of I ~ es. Il. **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offer or and the Government that are part of the proposal. Firm Van Aller Surveying Name /$/VIIN V",-v (please print) o ......'" RA . AHGA . Title Signature &...:. A..- aP/_ Date of Execution... .1- /2-/1- · 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 eancluded 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. PW]onnslStandard Consultant Agreement with Exhibits Revised IInl11 Page 29 of29