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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
March 12, 2012
To:
Agenda Date:
Subject:
Standard Consultant Agreement with Shearer Design LLC for Snow
Creek Road MP 3.78 Culvert Replacement, Federal Aid No.
DTFH70-11-E-00039, County Project No. X01899
Statement of Issue: Standard Consultant Agreement with Shearer Design LLC of
Seattle, Washington for engineering services for Snow Creek Road MP 3.78 Culvert
Replacement.
Analysis/Strategic GoalslPro's & Con's: The culvert at Snow Creek Road Milepost
3.78 is in poor condition and is a fish passage barrier. Public Works has received a
grant from the Federal Highway Administration (FHWA) for 100% funding of design and
construction to replace the existing culvert with a new, fish-passable structure. This
Standard Consultant Agreement is to provide a topographic survey, geotechnical
analysis, hydraulic analysis, and a preliminary design report for the culvert
replacement. Public Works staff used the consultant selection process to hire the
most qualified firm for engineering services.
Fiscal Impact/Cost Benefit Analysis: The maximum amount payable under this
agreement is $59,198. Funding for this project is 100% FHWA.
Recommendation: The Board is requested to sign all three originals of the Standard
Consultant Agreement with Shearer Design LLC, and return two originals to Public
Works.
Department Contact: Mark Thurston, Project Manager, 385-9160.
strator
ubDl/L-
Date
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Local Agency Consultant/Addressrr elephone
Standard Consultant Shearer DesIgn LLC
Agreement 3613 PhInney Ave N. #A
Seattle, WA98103
[8JArchItectural/Englneerlng Agreement (206)781-7830
o Personal Services Agreement Project TItle And Work Description
Agreement Number
SHEARER2012-1 Snow Creek Road MP 3.78 Culvert Replacement
Federal Aid Number County Project No. CR1899
DTFH70-11-E-D0039
Agreement Type (Choose one) .
o Lump Sum DBE ParticIpation
Lump Sum Amount $
o Cost Plus Fixed Fee o Yes [8JNo %
OVerhead Prograss Payment Rate _% FederallD Number or Social Security Number
OVerhead Cost Method 91-2012339
o Actual Cost
o Actual Cost Not to Exceed _% Do you requIre a 1099 for IRS Completion Date
o Fixed Rate [8J Yes ONo December 31. 2012
FIxed Fee $ - Total Amount Authorized $59.198.00
[8J Specific Rates Of Pay Management Reserve Fund $0.00
[8J Negotiated Hourly Rate
o ProvisIonal Hourly Rate Maximum Amount Payable $ 59,198.00
o Cost Per Unit
.
Index ofExhfbits (Check all that apply):
TillS AGREEMENT, made and entered intoctbis" ' - llay of- ,.
between the Local Agency of Jefferson County. Washin~ hereinafter called the "AGENCY", and the
above organization hereinafter called the "CONSULTANT"
DOT Fonn 140-089 EF
Revised 3/2008
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WITNESSETH THAT:
WHEREAS, the AGENCY desires to accotnplish 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 wilHngn"'lS to furnish Consulting services
to the AGENCY,
NOW TlJER1iJ!'ORE, in consideration of the terms, conditions, covenants and performance contained herein,
or attached and incorporated and made a part hereol: the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above descnOed work and services as herein defined
and necessary to accotnplish the eotnpleted work forthis 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 Swpe of Work
The Scope of Work and projeeted level of effort required for this PROJECT is detailed in Exln1lit "A" attached
hereto and by this reference made a part of this AGREEMENT. .
ill General Requirements"
All aspeets of coordination of the work of this AGREEMENT with outside agencies, groups, or individuaIs
shall receive advance approviU by the AGENCY. Necessary contacts and meetings with agencies, groups,
and/or individuaIs shall be coordinated through the AGENCY. The CONSVLTANT 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 partici~on. The minimum
required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in
ExlnDit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical fmm the various phases and the order of perforlllllll.CC 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 ofrace, color,
national ori~ or sex in the performance of this contract. The CONSULTANT, and each
SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 2(j in the award and
administration of US DOT-assisted contracts. Failure by the CONSULTANT to carry out these requiremeuts is
a material breach of this AGREEMENT that may result in the termination of this AGJ,ffiEMENT.
Participation for Disadvantaged Business Enterprises (DBE). ifrequired,per 49 CFRl'art2C5,orparticipation "...
of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the
heading of this AGREEMENT. IfD/MfWBE firms are utilized, the amounts authorized to each firm and their
certification number will be shown on Exhibit "Boo attached hereto and by this reference made a part of this
-AGREEMENT. If the Prime CONSULTANT is aDBE fitm.thll}' must cotnply with the Commercial Useful
Fuiiction (CUFJl:egulation outlined in the AGENCY'S "DBEProgramParticipationPlan". The manils.trn:y
DBE participation goals of the AGREEMENT are those established by the WSDOrS Highway and Local
Programs Projeet Development Engineer in consn1tation with the AGENCY.
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All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shaJl 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 aU 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, shaJl 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 shaJl be completed by the date shown in the heading of this
AGREEMENT under completion date.
The established completion time shaJl not be wflllliPd 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 una voidable 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 tinle.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "0" attached hereto, and by reference made part of this AGREEMENT.
Such payment shaJl be full compensation for work performed or services rendered and for all labor, materials,
supplies, equipment, and iD.cidentals necessary to complete the work. The CONSULTANT shaJl conform to all
applicable portions of 48 CFR Part 31.
A post andit may be performed on this AGREEMENT. The need for a post andit will be determined by the
State Auditor, WSDOT External Andit Office and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub-Contractlng
The AGENCY permits sub-oontracts 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 shaJl be based on the cost factors shown on Exln1>it "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-consu1tant shaJl
be substantisted in the same manner as outlined in SeCtion V. All sub-oontracts shaJl contain all applicable
provisions of this AGREEMENT.
Wrth 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 andRCW 39.76.011.
The-CONSULTANT shall not sub-contract for the.perfonnance Gf any work under this AGREEMENt
without prior wntten permission of the AGENCY. No permission for sub-contracting shaJl create, between the
AGENCY and sub-contractor, any contract or any other relationship. A DBE certified sub-consultant is
required to perform amn,;mhm amount oftheirsifui.oontracted agreement that is established by the WSDOT
Highways and Locsl Programs Project Development Engineer in consultation with the AGENCY.
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VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has
not paid or agreed to pay any company or person, 9ther than a bona fide employee working solely for the
CONSULTANT, any fee, C(lmmi!lllion,percentage, brokerage fee, gift, or any other consideration, eontingent
IIpQn or resolting 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, commi!lllion,
percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any wolk
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 Wotkmen'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 wolk 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 anytime 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
Doring the performance of this contmct, the CONSULTANT, for itse~ its assignees, and successors in
interest agrees to Comply with the following laws amI regulations:
Title VI of the Civil Rights Act of1964
(42 USC Chapter 21 Subchapter V Section 2000d through 20ood-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 Restomtion Act of 1987
(Public Law 100-259)
American with Disabilities Act of1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFRPart21
23 CFR pint 200
RCW49.60.180
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Inre1ation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of
Exlubit "H" littached heieto andby this reference made part oftbisA~REEMENT, and shall include the
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attached ExlnOit "H" in every sub~ntmct, 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 terminAtP.<f by the AGENCY other than for defiwlt on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "l" 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 p""",,,,11~tOO 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 detP.m1ined 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 ofterminatioD, the cost to the AGENCY of
employing another firm to complete the work required and the time which may be required to do so, and other
factors which affect the value to the AGENCY of the work performed at the time ofterm,nmQD,
Under no cireumstances 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
fiIilure to perform is without the CONSULTANT'S or its employee's defiwlt 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
defiwlt 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
d,....ffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby
agree to complete the work under the terms of this AGREEMENT, ifrequested to do so by the AGENCY.
This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the
CONSULTANT and the AGENCY, if the AGENCY so chooses.
In the event of the death of any of the parties listed in the previous pamgraph, 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 ofany
remedies of any type it may have against the CONSULTANT for any ~h of this AGREEMENT by the
CONSULTANT,M for fiIilumofthe CONSULTANT to perform workrequim,tofit bytheAGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver {jf entitlement to exeroisethose
rights with respect to any fotureact 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 find it desirable for its own purposes to have previously
satisfuctorily 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 det"",.,ination to the Director of Public
Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this
AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or
AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this
AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the
procedures found in ExIn'bit "1", and disputes concerning claims will be conducted under the procedures found
in Exhibit "K".
XII Venue, Applicable Law, and Personal JurIsdiction
In the event that either party deems it necessary to institute legal action or pro<","'!ings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the
Superior court of the State of Washington, situated in the county in which the AGENCY is lOcated. The parties
hereto agree that all questions shall be resolved by application of Washington law and that the parties to such
action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of
the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior
court of the State of Washington, situated in the county in whiCh the AGENCY is located.
XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and loca1laws and orrlimmr.es 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
hmmless from and shall process and defend at its own expense all claims, demAnd., 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 llgainst and hold hmmless 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 concorrent 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 oDly 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 contractpr.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW
42.23, whiCh is the Code ofEthies 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 plJIpllBe of this indemnification and defense, the CONSULTANr..specifically
wiifves any imriiiinity under the state industrial insurance law, TitleSI RCW.
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Unless otherwise specified in the AGREEMENT, the AGENCY shaIl be responsible for administration of
constructioncontrscts, if any, on the PROJECT. Subject to the processing of a new 1301e source, or an
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acceptable supplemental agreement, the CONSULTANT shall provide On..can assistimce 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 shan 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 ofWasbington 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 circwnstances 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 onallpolicies 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 ExJrlbit
"L ". In no case shall the CONSULTANT'S professionidliability to third parties be limited in any way.
The AGENCY will pay no progress payments under Section V until the CONSULTANT has folly 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 lU;ly such change causes an increase or decrease in the estim.too 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 adjus1ment 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 adjus1ment", hereafter referred tc 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
CLAIMsubmitted.before final payment of the AGREEMENT.
D. Failure tc agree tc any adjus1ment shall be a dispute under the Disputes clause. However, nothing in
this clause shall excuse the CONSULTANT from proceedingwith the AGREEMENT as changed.
E. Notwithatanding the terms and conditions ofparagrapbs (A) and (B) above, the maximum amount
payable for this AGREEMENT, shall not be increased or considered tc be increased except by specific
written supplement tc this AGREEMENT.
XV Endorsement ofPIans
Ifapplicable, 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 ofTrimsportation shall have the
right tc participate in the review or 6.mination of the work in progress. .
XVII Certification of the Consultant and the Agency
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 Transactions, Exhibit "M.3" Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying and Exlubit "M4" Certificate of Current Cost or Pricing Data. Exlnbit "M-3" is required only in
AGREEMENTS over $100,000 and Exlnbit "M4" is required only in AGREEMENTS over $500,000.
xvm Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by
the parties. No agent, or representative of either party has anthority tc make, and the parties shall not be bound
by or be liable for, any statement, representation, promise or agreement not set furth herein. No changes,
amendments, or modifications of the terms hereof shall be valid unless reWlced tc writing and signed by the
parties as an amendment tc this AGREEMENT.
XIX Exeention and Acceptance
This AGREEMENT may be simultaneously executed insevera1 counterparts, each ofwbich shall be deemed
tc be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all stat_enf>1,
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 tc.all of the terms
~.conditions thereof. .
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In witness whereo~ 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.
S~fI,.r'\-,":A. 6J1~l:>I~~
Consultant (pletue print)
:7}~1t::)
ConSultant's Signature
'l- \'I-~\ '-0\"-
Date
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
John Austin, Chair
Phil Johnson, Member '.
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Exhibit A
Scope of Work
Snow Creek Road Culvert Replacement
Andrews Creek, Snow Creek Road Milepost 3.78
The objective of Ibis Agreement is to provide professional services necessary for the preparation of a Type, Sm. and
Loca1ion Report for the replacement of the culvert at Snow Creek Road milepost 3.78. in unincotporated Jefferson
County, Washington. The existing culvert has been identified as a fish passage barrier.
Work will include a topographical sorvey, hydraulic aoalysis, geotecbnical aoalysis, and a preliminary e~ent of the
environmen"'l permitting issues and time1ines. The CONSULTANT will perform all servicesJlllli furnish alf materia1s
necessary to accomplish the following work items: .
TASK 1- PROJECf MANAGEMENT
. This task: includes all necessary work to plan and manage the tasks performed by the consultant and subconsultants and
provide the delivernbles for each task on time and within the budget. Task items include:
1.1 Progress Meetings
Meetings with the AGENCY will he held periodically to make important decisions, coordinate work activities and keep
the AGENCY informed of progress to date. Frequency of meetings will depend on the project requirements at the time.
Meetings may he held via telephone.
1.2 Scheduling, Progress Reports and Billings
The CONSULTANT will coordinate workactivitieS with the AGENCY and the subconsultants and ensure that work
prodocts are de1ivered on time and meet appropriate standards. The AGENCY will prepare and maintain an ovenill
schedule for the project. The CONSULTANT will prepare and keep up to date a schedule identifying all major tasks to
heperformed~~or~~COmocTANTsforthe~~TheCO~~ANTwill~detheschedule
within 2 weeks after the notice to proceed.
The CONSULTANT will include brief monthly progress reports and schedole updates along with mcnthly invoices.
Progress reports will contain information on major activities, anticipated actions, and outstanding issues to he resolved..
De1iverables: .
1. Critical Path Scheduie for consultant tasks (MS EXCEL bar chart or eqoivaIent), updated monthly: Electronic
files. .
2. Mcnthly Progress Reports and invoices.
1.3 Quality Assurance Reviews
The CONSULTANT will provide QnaIity Assurance (QA) review of all documents. All task: memos, reports, and other
s1gJ1ificant work products will he reviewed prior toissmmce.The CONSULTANT will schedule all reviews for timely
delivery ofwom products. This QA review sba1l be Considered incidental to other tasks and will not be budgeted for or
JllIid for independently.
1.4 Managing Snbconsultants
The CONSULTANT wi)! arrange and manage all subconsultant contracts. Ccntnicts will he solely between the
COmocTANT and the subconsultant. The CONSULTANT will be responsible for coordinating all ~tant
activities, and ensuring that the ~ remains on schedole and budget, and provides a quality prodoct.
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TASK 2 - GEOTECHNICAL ANALYSIS
The focus of this task will be site exploration and engineering analysis as required to develop design parameters and loads
for the sfructore foundations at the project site.
2.1 Field Work
. Review of available geotechnical and geological data
. Two borings to 50 ft.
. Laboratory testing
. Summary Report
2.2 EngIneering Analysis.
. Seismic recommendations
. Culvert backfill recommendations
. Abutment load recommendations
. F<!UIIdation type recommendations
. Site work recommendations
DeHverables:
1. Draft Geotecbnical Report
2. Final Geotechnical Report
TASK 3 - HYDRAULIC ANALYSIS
The general focus of this task will be the existing condition, and on the proposed with-project condition hydraulic
analysis of the stream channel and flow characteristics at the project site in order to develop design parametem for the
new stream crossing sfructore. A hydraulic report will be generated that summarizes this information. The hydrau1ic
report can be a stand-alone document or may be incotporated into the TS&L report.
3.1 Data Collection and ReView
CONSULTANT will collect and review existing data at the site. This will include but not be limited to: historical aerials,
ground photographs, topographic and/or LiDAR 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 apleto help find or provide many of these items.
3.2 Field Reconnaissance
CONSULTANT will examine the characteristics of the crossing and its interaction with the stream channel They will
gather data that will help identify the geomorphic and hydraulic processes that are active within the stream and that
influence the performance of the crossiog. They will visually examine the stability of the loogitudinal profile and the
1atera1 stability of the stream channel to determine if grade control and/or erosion protection countermeasures may need to
be included in the design.
3.2.1 Input to Site Survey and ProeessIng of Data
CONSULTANT will communicate with the surveyor to make 8U:(e they have a clear understanding of what to collect
Once the survey data is received, CONSULTANT will review and proceSs the data so thst it can be used efficiently in the
hydraulic and channel stability tasks below.
3.3 Hydrology
It is assumed that the uossing will need to be designed to meet both WDFW requirements fOC fish passage and WSDOT
hydraulic design standards which call for culverts to safely pass the 25-year annual instantanecus peak discharge and to
accommnQAW the 100-year event withoUt ~ sigoificant damage jDtheroad or culvert. CONSPLTANT will
discuss the design requiremeilts with JeffeIson County to make sure the correct standards are used. Flow records likely
. de not exist for Andrews Creek; therefore, tlisc~ will be delel ...!hed!lll4 cross-checked using two different m~
First, estiritates of the 2-yr, 25"yr, anii I OO"yrretomperiod flows will be computed using publisl!ed USGS regional
regression equations via their on-line StreamSTATs software. These will then be checked against estimares computed
using discharge records from neighboring streams that have similar basin chaIacteristics - asonm1ng suitable records are
available. If the two methods produce oigIlifiCAnfly different results, CONSULTANT will recommend I select the final
Page JL
design values. If necessary, CONSULTANT will estimate low flow fish-passage design flows, but this will only be
necessmy if the WDFW "Hydraulic Design Option" needs to be used to design the culvert rather than the "Stream
Simulation Option". CONSULTANT expects that the "Stream Simulation Option" will be the preferred method and thns
low flow fish passage design flows will not be required. ,
3.4 Hydraulics, ChaimeI Stability, and Crossing Concept
3.4.1 HYdraulic AnalVSls
A simple HEC-RAS computer model of the channel, road crossing, and adjacent floodplain will be constructed using the
new survey data to evaluate channel hydraulics and,to detennine the lIppl'OpIiate culvert opening size, CONSULTANT
will use engineering judgment to refine model parameterll, The hydranlic model:resnlts will also be used to help assess
channel stability and evaluate possible countermeasures (see next two tasks).
3.4.2 Culvert Coneent Identification
CONSULTANT will identify the most promising stroctnre replacement option for the crossing. The design will not only
adhere to stste fish passage requirements bnt will also consider other environmentsl regulatory requirements so as to
avoid potential pit fa1Is associated with pennit approvals.
3.4.3 Channel StablJity and Erosion Conntermeasure Concents
CONSULTANT will use the hydraulic data generated in the preceding task plus, review of existing da1a, and observations
made during the site inspection to detexmine if channel stability (scour and erosion) and or sediment deposition willlilrely
be a concern at the crossing. The hope is to design a culvert crossing that will not need significant scour and erosion
protection. However, if countermeasqres are needed, CONSULTANT will prepare hand drawn concept sketches to be
included in the TS&L report.
3.5 Hydraulic Report
CONSULTANT will prepare a concise tOOhmcal report that will document the methods and results of the investigation.
CONSULTANT will submit a draft report to the County for review. Uponreceipt ofeomments. CONSULTANT will
prepare a final report.
Deliverables:
1. ,HydraulicReport
TASK 4 - ENVIRONMENTAL SERVICES
The focns of this task will be to provide a tecbnical memorandnm, as part of the TS&L report, that identifies the required
permits, affected species, pennitting timelincs, and discnsses anticipated permitting issuesIproblems associated with the
mons design alternatives.
DeJiverables:
1. Technical Memorandum
TASK 5 - SITE SURVEY
The focnsof this task will be to prepare a topographic survey of the project site to be used to dclvelop the constructi()n
plans and the hydraulic model This worl< will include necessary data collection and setting of contioI as required for
hydraulic modeling and development of construction plans and future construction layout. Data collected sball be of
sufficient density to create a topographic map and digital terrain model (DTM) showing relevant phYsical reatures of the
site. A licensed surveyor sball perform the survey.
5.lltXiStittii COIIlUtlonsTopogttiiMc BaseMap-- ~____nT__
This wurkconsists of completlng ~and mapping to prepare a base map for the project site depicting existing .
topography, roadway features, the existing culvert, and the strelitIichtmnel Topographic andBase Map worl< sball
inClode: '
1. DeveloptGpegraphic data within the folloWing describectarell..~ topography, above and below ground utilit\ell,
fences, 'toad approaches, signs, culverts, afid other signifi<:ant featureS. ' '
Stremit
AndreIPS Creek Stream Survey
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DetlUled topographic mapping for the strean! shaI1 extend from approximately 400 ft. downstream to 250 feet upstream of
the existing culvert, and shaI1 extend approximately 50 ft. each side of the streanJ. centerline, or a sufficient distance
beyond the ordinary-high-water line to accurately depiet the stream channel cross-section, whichever is greater. Locate
trees and in-channel huge woody debris within the bounds of the detailed topvp..pbic survey. This includes in-channel
large woody debris >12" in diameter and trees larger than 12" in diameter.
The Hydraulic sub-consultant will need to complete the Field Reconnaissance to determine precise channel survey needs
but for budgeting puxposes, it is assumed that the following will be collected:
. ODe channel cross section along both the upstream and downstream sides of the road fill. The cross sections will
be located where the toe of the road fill intersects the natural floodplain.
. Invert and soffit elevations of the inlet and outlet of the existing culverts.
. F01I1' channel cross sections downstrean! from the crossing (assume approximately 75-foot spacing between cross
Sections). The Hydraulic sub consultant willllllllk the cross section locations with orange flagging during thf1ir
site inspection.
. Three channel cross sections upstream from the crossing (assume approximately 75-foot spacing between the
cross sections). The hydraulic sub-consultant will mark the cross section locations with orange flagging during
their site inspection. .
. A longitodinal profile of the 'stream bed and water snrfuce that begins 1lpproximately 400 feet downstream and
extends 200 feet upstream from the culvert. Points Should be taken at roughly 50 foot intervals and at the
location of any significant change or step in the bed elevation. At these looati<ms, elevations should be measured
both at the toe and top of the step in the channel bed. Hydraulic sub-consultant will refine the profile needs
based upon observations during the field inspection. Hydraulic sub-consultant willllllllk the upstream and
downstream extent of the profile survey with orange t1~ggillg during their site inspectiori.
. ffievations of high-water marks or other key points that may be identified during the field inspection. Hydraulic
sub-consultant willllllllk the location with a hub and orange flagging. For budgeting pmposes assume fuur to
five point locations.
The survey data will be provided as an ASCII point file and an AntoCAD file that contains the data points as well as
generated topographic contours.
Locate the wetted-perimeter of the wetIand which is located approximately 75 ft. southwest of the roadIculvert
intersection. Approximately 10 sui:vey points are anticipated for this effort. Wetland delineation, if necessary, will be
completed under a separate task.
Roadwav
Mapping of Snow Creek Road shaI1 extend approximately 500 ft. each side of the culvert, for a total ofl,OOO.ft., or
sufficient distance to allow for the design ofminOr road _HgTlment, and shaI1 extend approximately 20 feci on both sides
of the road from the edge of pavement
Omstl'uctJon Zone
1. Mapping of the construction zone shaI1 encompass an approximate 100 ft. radius around the road-<:Ulvert
intersection, or sufficient radius to encompass anticipated conStruction activities, whichever is greater. Theae
distanoos are approximate and may be long0r or shorter depending on the terrain. Mapping will be at sufficient
densities to generate 2-foot contours on slopes less than 10% and 5-fuot contours-on steeper slopes:
2. Establish location of above ground and underground utilities (as marl<ed by the Utility Locate Service). The
CONSULTANT shaI1 be responsible for coordinating with the utility locate service prior to .the survey.
3. Map the existing culvert and invert elevations. -~-- -. -
4. Locate the physical roadway centerline and edges of gravel surfacing.
5. Establish an assumed horizontal and vertical control within the project area. Four local control points shaI1 be
established in areas where disturbance from road mR;flt"",",,,,, activities will not ~ and w!t~ it can be easily
reoccupied for later work and construction staking as necessary. Provide swing ti" ,.,r",,,m:e points for control
and provide field notes to AGENCY upon completion. It is iulpu,latd. for the AGENCY to be in possession of
information which allows the control to be located at a later date by others.
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6. Prepare hard copies of the existing conditions plan drawing depicting project control, topography (contours), and
other important features Jistedintbis scope. Use an appropriate scale (all features leglDle) for a sheet size of
22"x34" but not less than I inch equsl to 50 feet. Use of a larger scale and more sheets is always preferable,
. particularly when there are numerous features to depict.
7. The Topographic Base Map shall be prepared in general conformance with the drafting conventions of the
WSOOT Plans Preparation Manual. This requirement refers to symbols, line weight, line type, funt size, etc.
AutoCAD layering need not fullow WSOOT convention and will be at the CONSULTANT's discretion
provided layers are logical.and clear.
8. Develop a digital terrain model for use in developing the construction plans and the hydraulic model The digital
terrain model shall be compatible with Civil 3D and Eagle Point design software.
DeIIverables:
A. Hard copy and electronic base map in AutoCAD 2007 or newer version.
B. Hard copy and electronic ASCII point file with all coordinates (x,y,z) and descriptor vaInes.
TASK 6 - TYPE, SIZE, AND LOCATION REPORT
The CONSULTANT will review the site. infurmation, geotechnical information and hydraulics to evaIuate options for
culvert replacement. The CONSULTANT will prepare a repOrt ev8luating the opiions, construction issues and the
OPinions of probable constroction costs.
6.1 )leconnAI"ance and Data Collec:fion
6.1.1 Site VisIt
Key members of the CONSULTANT team will tmvel to and examine the site.
6.1.2 Collection ofExlstlng Data
The CONSULTANT team will collect readily available exi&ting infurmation and data that may be needed.
6.2 Draft Type, SIze, and Location Report
The CONSULTANT will review the existing data, the geotechnical analysis, and the hydraulic analysis. Using this data, .
the CONSVLTANT will generate a report that analyses the available Alieni_fives. including pros and cons, permitting .
issues, schematic drawings, opinions of probable construction costs, and recommendstions. At 1east 2 options, including a
3-sided concrete box culvert, and a metal pipe arch, will be analyzed. '.
DeIlverables:
A. Draft Type, Size, and Location Report (pDF file, no hard copy).
6.3 FlnaI PreliminAry Design Report
DeIlverables:
A. Final Type, Size, and Location Report (pDF file, hard copy).
FUTURE TASKS THAT Tim CONSULTANT MAY BE CONSIDERED FOR:
1. Additional Hydraulic Analysis, Geotechniea1 Analysis, and Topograpbical Surveying
2. Environmental Services - prepamtinn of BA and discipline reportS, wet1and delineation, permit applications
3. Right of Way Plan ..
4. Plans, Specifications, and Estimate
5. Constroction sopport services
6. Loadrating
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Exhibit c
Electronic Exchange ofEnglneering and Other Data
In this ExlnDit 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:
L Surveying, Roadway Design & Plans Preparation Section
A. Survey Data: cadastral, topographic, and construction surveying: ASCn format or
Land XML COJ1t,,;nhlg 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 formal in the Agency's current version
or older.
D. Specify 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. Specify the Electronic Deliverables to be provided to the Agency: All surveying data,
maps, and plans; pl'l'H.mnmy engineering studies, calculations, computer program
results, analyses, reports, correspondence, reviews, and photos; pl'l'l;",;n"~,
intermediate and final permits, cross-secti~ profiles, Plans, Specifications, and
Esnm"tes, schedules, contract documents; and construction engineering and
management documents.
F. Specify 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.
IT. Any Other Electronic Files to Be Provided: As needed.
llL Methods to Electronically Exchange Data
A. Agency Software Suite: Microsoft Office (2007 or older) programs, Autodesk:
Antocad 2012 and/or Civil 2010 programs, Eagle Point design programs.
B. Electronic MesSAging System: Microsoft Outlook
C. File Transfers Format: ASCll, Microsoft Office programs formats, Autodesk program
formats, Eagle Point program. formats.
Pa'ge D
D. Physical media: Transfer all data to the Agem:.y on optical media: CD or DVD format.
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. Exhibit 0-3
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 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 CPR 31.
1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "E" and "F" attacbed hereto and by this reference made
part of this AGREEMENT. The rates 1isted shall be applicable for the first twelve (12) month period
and shall be subject to negotiation for the following twelve (12) month period upon request of the
CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent
twelve (12) month periods within ninety (90) days after completion of the previous period, the rates
listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be
l1fili7.ed. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The
CONSULTANT shall m~intJlin support data to verify the hours billed on the AGREEMENT.
2. Direct Non-saIary Costs: Direct Non-saIary 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, IOI!g 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 ru1es and regn1ations 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-Sa1ary Costs shall include an nemized listiI!g of the charges directly
identifiable with the PROJECT.
c. The CONSULTANT shall m~inmin the original supportiI!g documents in their office. Copies of
the original supporting documents shall be supplied to the AGENCY upon request.
d. All above charges must be nece....'Y 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 fonds to the
AGREEMENT for allowable .unforeseen costs, or reimbursing the CONSULTANT for additional
work beyOnd that already defined in tbis AGREEMENT. Such authorization(s) shall be in writiI!g and
shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the
"-'ing 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
XIV, "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 ~tfing of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized,
and the Management Reserve Fund. The Muhuwu Total Amount Payable does not include payment
for Extra Work as stipulated in Section XIV, "Extra Work." No mininnlm amount payable is
guamnteed under this AGREEMENT.
5. Montb!y Progress Paym.tl!l1:ll: Progress.payments may be claimed on a monthly basis for all costs _. .
authorized in 1 and 2 above. The monthly billings shall be supported by detailed statements for hours
expended at the rates established in Exhibit "E", including names and classifications of all employees,
and billings for all direct non-sa1ary expenses. To provide a means of verifying the billed sa1ary costs
for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These
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interviews may consist of recording the names, titles, salary rates, and present duties of those
employees performing work on the PROJECT at the time of the interview.
6 Fmal Payment: Final Payment of any balance due the CONSULTANT of the ~ 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 documentswbich are required to be fnmi~hp.d under this AGREEMENT.
Acceptance of such Fmal Payment by the CONSULTANT shall constitute a relesse of all claims for
payment, which the CONSULTANT may have against the AGENCY unless such claims are
specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its
acceptance. Said Final Payment shall not, Iwwever, 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 a.udit, all required adjustments will be made and reflected in a final payment. In the
event that such final a.udit reveals an overpayment to the CONSULTANT, the CONSULTANT will
refund such overpayment to the AGENCY within thirty (30) days !>f 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 a.udit findings.
7. Inspection of COst Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the .(\GENCY, 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 all items related to or bearing upon ~ records with the following exception: if
any litigation, claim or a.udit arising out of, in connection with, or related to this contract is initiated
before the expiration of the three (3) year period, the cost records and accounts shall be retained until
such litigatinn, claim, or a.udit involving the records is completed.
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Exhibit E-2
Consultant Fee Determination - Summary Sheet
(Specific Rates of Pay)
Fee Schedule
DIscIpline or Job TItle Hourly Overhead Profit Rate
Rate @ 110 % @ 30 % Per Hour
Principal $51.00 $56.10 $15.30 $122.40
Project Engineer $35.50 $39.05 $10.65 $85.20
Staff Engineer $30.00 $33.30 $9.00 $72.00
.
DOT Form I_a' ExhIbIt E-2
Revised 8105
'Rii,c:n
1_. II
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SHEARER DESIGN LLC.
~rldqe tle5lqn, C0n5trudlcm !;l'r;\lneerlf1t;l. ~e f\e5t.hetJc5
3613 PhInney Ave N itA.
Seallle. WA 98103
(206) 781-7630
February 6, 2012
Jefferson Co. Public Works
P.O. Box 2070
1322 Washington Street
Port Townsend, WA 98368-1927
Attn: Mark Thurston, P.E.
RE: Andrews Creek Snow Creek Road M.P. 3.78 Culvert Replacement.
Dear Mr. Thurston:
Please consider this letter to be a statement of rates for Shearer Design LLC. It covers
consulting work for;
Jefferson County Public Works On-Can BrIdge Load Rating, Bridge Inspection, and
Miscellaneous Structural Design Services contract for
"Andrews Creek Culveri, Snow Creek Road M.P. 3.78"
Shearer Design LLC is a three-person firm with no calculated overhead rate. . We charge a
flat hourly fee for services that Is ail-Inclusive of direct salary, overhead and fee. The hourly
fees offered for this contract are the lowest fees we offer for preferred clients. I also confirm
that all direct nonsalary costs will be Invoiced without mark-up.
. David R Shearer, Princlpa/-
. Brien Undstrom, Project Engineer-
. Joshua Pruitt, Staff Englneer-
$122.40
$85.20
$72.00
Shearer Design LLC will comply with the rules and regulations regarding travel costs In
accordance with Washington State Department of Transportation Accounting Manual M13-
82, Chapter 10 Travel Rules and Procedures, and revisions thereto.
Please call David Shearer (206) 781-7830 if you have any questions.
Sincerely,
David Shearer
Shearer Design LLC
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ExhibitG
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
. 1. Topographic Survey
2. Geotechnical Investigation
3. Hydraulic I Hydrology Analysis
4. Environmental Process I Permitting
Page f."
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SUIicOII.,nlt<lJlt Fee DetenufxJation~ s..~'Sl1eet
(M.iuuIanIry when Subc:oPsultants'are ntlJb-td)
frojeet:~now~eekaoa~ M.P~3.78 CulvettgeDIAMm~nt
. -" '-, " - - ,,'- -' ". ." -
'SIIb~
WIDENSRAND ASS9CIA~
'i' ,,' Dm:tct SM:u\B.y(X)$'J.' (DSc):
, - , ' -. ,',~. - ,
M.~n
, ,
M~n~
_. '=,
x , " 50.00
Proiect~~"""
12 '
33
x 31.00 '
Pwiec:tBiol~
x
x
,
x
x
x
x
, TOTALDSc
,OVER:QEAD (OR cost ~ itlClnd;"g SaJaryAdditives): ,';
OR Rate x DSC of
.1&% x , '$U;23.00 =
,J!:uuwFEE (FF):
FF Rate x DSC of ,
$. f.434.50
~,
,
$ 6OlJ.00
, $1,023.00
$0,000.00
$0,000.00
$0,000.00
$O,OOO.()()
$0;000.00
$0,000.00 "
= $1623.00,
,-3.Q..% J; $ 1.6~.00 = $. 486.90
amMBtmSABLES:
JtP.tni""'"
SUB(:ONSULTANT TOTAL,
PdiI:te~ '
GRAND TOTAL
, .~,
'~% x '$00.000.00 =
-~
PREPAREnBY:_" DATE:
0210812012
, .;:.JI~d'Corlsll1_Ag1aiIl!ehtwilbllxldblfsRevised l/f1111
'=
$ 9.000:00',
$ 0.000.00
=
$ 0.000.00
= $ 4.544.40
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Exhibit 0..2
SubeoJlSlllf:ant Fee Determination - Smnm..~ Sheet
.(Speclfidutes of Pay)
Fee Sc:hedule
Subconsultant WIDENER AND ASSOCIAtEs
Hourly Overhead Profit Rate
. line or Job Trtle Rate liD. %. liD. % Per Hour
Project Manager $50.00 150% 30% $140.00
.
Project Biologist $31.00 150% 30% . $ 86.80
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jlW _FmmslStandardConsall9'll Aplemeotwith ,P-Ihlhl\1< RDrised 1117/11
'Pagtl,WPC
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Exhibit G-3
Breakdown ofSubeonsultants Overhead Cost
exhibit G-3
Breakdown of Subconsultant Overhead Costa
Account TItle I I $ BegInnIng Total % of DIJ'ect Labor
D!recl Labor 274,899
Overhead Expenses:
RCA 21,305 7.75%
Unemployment 6,013 2.19%
HeallhIAccldent Insurance 17,752 6.46%
Medical AId & Indus1rlaJ Insurance 20,554 7.48%
HoUdeyNecallonlSlck Leave 12,665 4.61%
Commfsslon/BonuslPensIon 46,914 17.07%
. Total Fringe Benefl1s 125,203 45.55"1..
General Overheed:
Slate 8&0 Taxes 27,035 9.63%
IllSlIl8m:e 20,664 7.52%
AdmInIstration & TIme NotAsslgnable 70,363 25.60%
PrlnlIng, Sfatlonary & Supplies 9,644 3,51%
Professlonel Servlces 33,211 12.08%
Tmvel NotAsslgnable 24,808 9.02%
Telephone & Telegmph Not AssIgnable 10.350 3.77%
...
Fees. Dues & ProfessIonel Meetings 1,175 0.43%
UliDlles & Mah.h....."'" 14,952 6.44%
Professlonel Development 8,581 3.12%
Rent 24,425 8.89%
. Equipment Support 34,968 12.12%
Offlce, MIsceUaneous & Postage . 7,446 2.71%
Total General Overheed 257,642 104.64%
Total Overhead (General + Fringe) 412,645
Owrheed Rate (Tote! OVerhead I Djrect Lebor) 150.18%
DOT form 140-069
EF ExhIbit B-2
audited 2009
]lW ]onnsIStandard ConsuIIaill Agteement with ExlnDits Revised I IntI I
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Exbibit G-!
SubcoDsultant Fee Determination - Summary Sheet
(Mandatory when SubeoDSUltants are utilized)
Project: Snow Creek Road . M.P. 3.78 Culvert Renlacement
Sub Consultant: Jobullfnn T ..ndSurvlWim!:
DIRECT SALARY COST (DSC):
C1"uifl""t1on )'f"uHours R!!!!l ==
PLS 10 x $55.00
Survey Crew 4!L- x $49.59
Survev Tech 20 x $27.77
x
x
x
~
$550.00
$1,983.60
$555.40
$0,000.00
'$0,000.00
$0,000.00
$0,000.00
$0,000.00
= $ 3.089.00
x
x
TOTALDSC
OVERHEAD (OH cost~. including Sabny Additives):
OHRatexDSCof
FWD FEE (FF):
WRatexDSCof
1.5258 % x $3089.00 =
$ 4.713.20
030
x $4.713.20 = $ 1.413.96
~URSABLES:
I1mnized
;::: $ 0.000.00
= $ 0..000.00
== .$ 0.000.00
= S. 0.000.00
$0.000.00
Sl,)BCONsuiTANT TOTAL
Prime Mark-up
GRAND TOTAL---
% x $ 00.000.00 =$ 0.000.00
=
$6.127.16
PREPARED BY: RobJobnRfon
DATE: 2/9112
, .
~;..FormsIStIlndard CQlumlfmlt~ with Exh!blIs hvlsod 1117/11
~f_
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Subconsultant Fee Detenniuation - Summary' Sheet
(Specific Rates of Pay)
Fee Schedule
Subconsultant Johnston Laud Surveying
Hourly Overhead Profit Rate
DiscinIine or Job Title Rate (jjJ. 1.52 % (ii1 . 0.30% Per Hour
Principal $55.00 $83.92 $25.17 $10lJ.I0
Survey Crew Member $14.00 $21.36 $6.41 $27.77
Survey Crew Member $11.00 $16.78 $5.04 $21.82
Survey Teebul..jan $14.00 $21.36 $6.41 $27.77
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P;w ]onnsIStandard Consultant Agreement with ExhIbitll Revised 11mB
Pagelfof _
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E 11\,,\:1,-1- (,,-3
JOHNSTON LAND SURVEYING
OVERHEAD COST 2011
Overhead Expenses
Percent of DSC
Overhead Cost
Vacation, Sick leave
Payroll Taxes
Bonuses
Total Fringe Benefits
GENERAL OVERHEAD
Taxes (Excise Per Prop, ect)
Insurance
Loan Payments
Utilities & Maintenance
Office & Field Supplies
Professional Services
Travel, Ent, & Meals,
Fees, Dues, Prof Meetings
Professional Development
Equipment Support! Repair
Professional License
Vehicle
Office Postage & Printing
Total General overhead
Totllls
Negotiated Overhead Rate
2.5%
10.08%
4.71%
$ 2,561.81
$10,964.11
$ 5,125.00
17.29%
$18,651.22
7.82%
13A3%
55.91%
16.01%
8.23%
1.81%
7.60%
7.18%
OAO%
4.40%
0.58%
11A6%
OA6%
$ 8,503.00
$ 14,613.34
$ 60,828.00
$ 17,422.67
$ 8,953.07
$ 1,964.90
$ 8,267.60
$ 7,813.22
$ 435.00
$ 4,786.54
$ 630.00
$ 12,465.85
$ 503.69
135.29%
152.58%
152.58%
$ 147,186.88
$ 165,838.10
DlrectSaJary Cost (DSC) 108,793.29
EW]orms/StaDdard ConsWtmrt Agreement with Bxln1lits Re\'lsed 11m11
Page~f_
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ExhfbitG4
SubeonsultantFee Deten'Dinat!on- ~n'I,,~ Sheet
(Mandatorywh.~ are utIIfzed)
Project: Snow Creek Ro.ad M;,P. 3.78 Culvert Replacement
} .
Sub Consulbl.nt: ~('~'1I11finV LLC
DumCI' SALARY COST<PScr. .
n....nfIeation V..n Rnnn. I!l1!l = Qm
. Senior ,4.-.ciJltA 6 x $48.62 $ 291.72
~-.ciJltA 1 x $46.52 $ 46.52
~~Staff 3cA x ~JU3 $ 900.16
CAD ~'!list 1 x $24.83 $ 24.83
PrOi~ Assistant LO x ~4.99 $ 249.90
,.-
TOTAL DSC = $1,513.13
OvERlmA>>(OR cost - including Salm:y Additives):
OR Rate x DSCof
193.76% % x $1.513.13 =
$2,931.84
.l!1XEJ} F.EE (Ef):
FF Rate x DSC of.
. 30
% x $1.513.13 =
$ 453.94
RElMBURSABLES:
Mifa'.enll11cous
= $ 50.00
SUBCONSUL'J'ANT TOTAL
DriUlDg subcontractor
~TO'.fAL
= ~.S30.00
== f7.47tt9t.
. PREPAltED BY:
(#;fiJAc;;
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Exhibit G-2
Subcot1Sllltant Fee Determination - Snnim..-ry Sheet
(Specific Rates ofPay)
Fee Sl:hedule
Subconsultant - Aspect Consulting, lLC
-. Itourly Overhead Profit Rate
. line or Job Title Rate tiiJ. 193.76% liU 30% I?~ Hour
Senior Assoclate $48.62 1113.76"A> 30% $157.42
Associate $46.52 188.92% 30% $150.61
Senior Staff engineer $28.13 193.76"A> 30% $91.07
. ,
Staff $20.75 193:76"A> 30% $67.18
. CAD/GIS $24.83 193.76"A> 30% $80.39
Project Assistant $24.99 193.76% 30% $80.91
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PW:..FarnlsISIandatd Cnmm1lm>t AgreeIIlenl wl!h~Remedi 111/11.
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Exhibit G-3
Breakdown for Aspect Consulting, LLC OVerhead Cost
Aspect Consulting LLC
Overhead Schedule
For the Year Ended December 31, 2010
FInancial
Statement Aspect Adjusted
Description Amount ConsuItlng Adj. Ref. Amount %
Direct Labor $1,661,878 $1,661,878 100.00%
Fringe &n~:
Vacation, Sick, & Holiday $362,643 $362,643 21.82%
Payroll Taxes 261,437 $261,431 15.73%
Health Insurance & HSA Match 205,664 $205,664 12.38"/0
Commuting Benefit 7,719 $7,719 0.46%
WorkerS Comp. Insurance 12,549 12,549 0.76%
Profit Sharing (401-k) Match 100,948 100,948 6;07%
Total Fringe Benefitli $950,960 . $0 $950,960 57.22%
General Overhead:
Indirect Labor $ 985,210 $ (96,544) A,B $ 888,666 53.47%
Sigoing Bonus 5,000 (5,000) A,B 0.00%
Incentive Bonus 425,750 425,750 25.62%
Guaranteed Payments! Return on Investment 898,518 (898,518) C 0.00%
Rent 306,703 306,703 18.46%
Maintenence & Repairs 12,S45 12,S45 0.75%
Travel 21,320 21,320 1.28%
Business Insurance 45,268 45,268 2.72%
Telephone 49,657 49,657 2.99%
Utilities 8,768 8,768 0.53%
Employee Relations 30,774 (30,774) D 0.00%
Taxes & Licenses 139,774 139,774 8.41%
Depreciation & Amorti2ation 88,356 (3,039) E 85,317 5.13%
Marketing Dues & Subscriptions 13,684 13,684 0.82%
Marketing Labor 12,291 (12,291) F 0.00%
Employee Recruitiog & TrIlining 58,763 58,763 3.54%
Professional Fees 43,902 (7,730) G 36,172 2.18%
Information Systems Services & Supplies 27,230 27,230 1.64%
Field Vehicles, Equip, Supplies & Main 50,746 50,746 3.05%
Supplies & Miscellaneous 98,653 98,653 5.94%
Donations 13,884 . (13,884) H 0.00%
Total General Overhead $ 3,336,797 $ (1,067,780) $ 2,269,017 136.53%
Total Overhead Costs $ 4,287,757 $ (1,067,780) $ 3,219,m 193.76%
OverhealfRate 258.01%- 193.76%
Preptued by Patr1cia L. Klimek
~{ PW_FormslStandard Consultant Agreement with ExhIbits Revised 11n /11
Page 37
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Aspect Consulting LLC
Overhead Schedule
For the Year Ended December 31, 2010
Dese:rip1ion
Fin_oMAl
Statement
Amount
Aspeet
ConmIting Adj. Ref.
Adjusted
Amount
0/0
Aspeet Adjustments
A OtrPremium unallowable per 48 CFR.22.103-1 & l03-4-g.
B Uncompensateii Overtime unallowable per FAR 52.237-10
C Excess executive compensation unallowable per 48 CFR. 31.205-6(p).
D Employee gifts and =realion unaIIowableper 31.205-13(b)
E Amortization of goodwill unallowable per 48 CFR.31.205-49.
F Public relations and advertising unallowable per 48 CFR. 31.205-1.
G Prqnu.aion fees for tax returns over $250 unallowable per 48 CFR.31.205-41(b)
H Contrib!llions unallowable per 48 CFR.31.205-81.
PWJonno/Standard Consultant A~Jrirt with exhibits Revised lln/11 Page ,40
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exhibit G-1
Subconsultant Fee Determination - Summary Sheet
Project: Snow Creek Road Culvert Reolacement - Jefferson County
Labor Cost (LC):
NOTE - WSE began operation January 1, 2011 and therefore, has yet to establish an
overhead rate. Therefore, we propose to use the fully loaded rates shown in the table
below.
Classification Man Hours Rate Oost
Prln.lSr. Professional 51 X $185.00 $9,435.00
Sr. Engineer 3 X $155.00 $465.00
Jr. Engineer 80 X $9tl'.00 $7,2000.00
GIS TechnICian 6 X $75.00 $450.00
Clerical 2 X . $55.00 . $110.00
Total = $17.660.00
Overhead (OH Cost -Including Salary Additives):
OHRatexDSCof %x $
=
NIA
Fixed Fee (FF):*
FFRatexDSCof %x $
* Note: Actually 1 (lOA, of DSC + OH
=
N1A
.'j
Relmbursables:
Mileage
A.eld Equipment
Reprodudlon & Communication
.',' .
2qOx .0555 = $13Q.OQ
= $120.00
= $50.00
= $309.00
= $17.989.00 .
Grand Total
Prepared By:
Date: 21412012
P<<st;i,.41
February 3, 2012
Mr. David Shearer, President
Shearer Design LLC
3613 Phinney Ave N #A
Seattle, WAge103
WATERSHED
Science & Engineering
110 Prefonfaine Place South, Suite 508
SeaIfIe, WA 98104
206-521-3000
Re: Certified Rates for Jefferson County Department of Publlc Works
Please consider this letter to be a statement of r\iltes 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 reIa1iVely new firm with six full time and two part time .
employees. The firm does not yet have a calculated overhead rate. 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 following is a list of our flat hourly fee for
each staff category:
Staff Cateaorles
. Principal Engineer
. Senior Engineer I
. Senior Engineer II
. Engineer
. Jr. Engineer
.. GIS Specialist
. Technician
. Jr. Technician
. Clerical! Admin.
Bllllna Rate
$185
$155
$125
$165
$90
$75
$70
$50
$55
Emolovees Names
Jeff Johnson, Larry Karpack
Bob Elliot
Chris Frei
Erika Ottenbreit, Shaina Sabatine
Bonnie Cassarino (part time)
Karen Karpack (part time)
WSE will comply with the rules and regulations regarding travel costs in accordance with
Washington State Department of Transportation Accounting Manual.M13-82, Chapter 10 Travel
Rules and Procedures, and revisions thereto.
Please call me at any time should you have any questions.
Very truly yours,
WATERSHED Science & Engineering, Inc.
Jeff P. Johnson, P.E.
President
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Exhibit G-2*
Subconsnltant Fee Determination - SnmmH1'f Sheet
(Speclfic Rates of Pay)
Fee Schedule
Subconsu1tant: WATERSHED Science & Engineering Inc.
Hourly Overhead Profit Rate
DisclnIine or Job Title Rate @165% la>.28% Per Hour
PrinciDal Enalneer $63.14 $104.18 $17.68 $185.00
Senior Enaineer I $52.90 $87.29 $14.81 $155.00
Senior Enalneer (( $42.66 $70.39 $11.95 $125.00
Enaineer $35~84 $59.13 $10:03 $105.00
Jr. Enaineer $30.72 $50.68 $8.60 I. $90.00
GIS Soecialist . $25.60 $42.24 $7.17 $75.00
Technician $23.69 $39.42 . $6.69 $70.00
Jr. Technician $17.06 $28.16 $4.78 $50.00
. .
Clerical! Admin. $18.77 $30.97 $526 $55.00
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*WSE is .aSil:llillnew fitm tbJif dOeS'riOt yenmve.aJi ci:liiCiiUCiileuIatOO oVerhead rate; .tIilirefOte; Uie overIieiiQ .
rate listed iIbove.ill provisional The direct salaries listed are for general staff classifications. Actual direct
labor rates will vary by employee.
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PW _FormsIS1andard ~lfAnt Agreement with Exhibits Revised 1117/11
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. Exhibit H
Title VI Assurances
During the performance of this AGREEME1tr, the CONSULTANT, for itself: its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shlJil comply with the Regu1ationsrelative to non-
discriinination in fedemlly assisted programs of the AGENCY, Title 49, Code ofFederaI Regulations,
Part 21, as they may be amended from time to time (1wreinafter 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, shlJil not discriminate on the grounds ofmce, color, sex, or national origin in the
. selection and retention of su1K:onsu1tants, including procurement of materiaIs and leases of
equipment The CONSULTANT shlJil not participate either directly or indirectly in the discrimination
prolnbited 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-consu1tants, Including Procurement of Materials and Equipment: In all
solicitations either by competitive hidding 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 su1K:onsu1tant or supplier shlJil be notified by the CONSULTANT of the CONSULTANT'S
obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the
grounds of mce, color, sex, or national origin,
4, Information and Reports: The CONSULTANT shlJil provide all information and reports required by
the REGULATIONS or directives issued pursuant thereto, and shlJil 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 exclnsive posSession of another who faiIs or refuses to furnish this information, the
CONSULTANT shlJil so certifY to the AGENCY, STATE or the FHWA as appropriate, and shlJil 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-
discriminQlion provisions of this AGREEMENT, the AGENCY shlJil impose such AGREEMENT
sanctions as it, the STATE or the FHW A may detennine to be appropriate, including, but not limited
to:
. Wrtbholding 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. Jncorpomtion of Provisions: The CONSULTANT shlJil include the provisions of paragraphs (I)
through (5) in every sub-contract, including procurement of materiaIs and leases of equipment,:unless
exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shlJil take
such action with respect to any sub-consu1tant 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 sulHionsu1tant 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
page ~
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.
PQge +&
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Exhibit I
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lwnp Swn Contracts
A final payment shall~ ~ to the CONSULTANT which when added to any payments
previously made sha1ltotal the same percentage of the Lump Sum Amount as the work completed at
_ the time of termination is to the tota1 work required fGr the PROJECT. In addition, the
CONSULTANT shall be paid for any IIUthorized 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' actua1 costs plus the same percentage of the fixed fee as the work
completed at the time of tennin.mon is to the tQtal work required for th~ Project. In addition, the
COlllSULTANT shall be paid for any authorized exf.tawork completed. .
Specific nates 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 sahu:y costs incutJ:ed at the time of
termination of this AGREEMENT.
Cost PerUoit of Work Contracts
A final payment shall be made to the CONSULTANT foractua1 units of work completed at the time
of termination of this AGREEMENT.
Pagj!.i7
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exlnoit is to establish a procedure to determine if a consultant's alleged design
error is of a Illtture that exceeds the accepted standard of care. In addition, it will establish a uniform
method for the resolution and/or cost recovery procedures in those instances where the agency
believes it has suffered some material damage due to the alleged error by the consultant.
Step I - Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first Indication of potential consultant design error(s), the first step in the process is
for the Agency's project manager to notify the Director of Public Worlcs or Agency
Engineer regarding the potential design error(s). For federally funded projects, the Region
Highways arid Local Programs Engineer should be informed atid 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 lIS. directly involved
in the project, to be respOllS1ole for the remRm'l1g steps in these proCedures.)
Step 2 - Project Manager Docwnents the Alleged Consultant Design Error(s)
After discussion of the alleged desigD. 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 docl1T11et1tRtion than is nonn:ally required on the project.
Examples include: all decisions and descriptions of work; photogmphs, 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 poSSlole 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, ortheir
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 theAesign
error took place. The agency is to provide H&LP, through the Region Local
Programs Engineer, astlllllllll1'Y of the settlement for review and to make -
adjustments, if any, as to how the settlement affects federal reimbursements. No
further action is required.
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. There is not a mutual agrM1 nent regan:ijng the alleged consultant design error(s).
The consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agf::rwy Rngjneer, after review with their legal counsel, is not
able to reach mutI,lal agreement with the consultant, proceed to Step 5.
Step 5 - Forward Documents to Highways and Local Programs
For federally fimiled projects all available information, including costs, should be .
forwarded through the Region Highways and Local Programs Engineer to H&LP for their
review and consu1tati.on with the FHW A. H&LP will meet with repre8ClIltatives 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 wi1J request assistance from the Attorney
General's Office for legal inte1Pletation. H&LP will also identify how the alleged error(s)
an'ects.eligibility of project costs for federal ~.
. If mutualagreeroent is Ie8("J1c:d, the ~and consu1tant 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.
. Ifmutllalagreementis not reached, the agency and consultant may seek
settlement by arbitration or by litigation.
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Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to descnbe a procedure regarding claim(s) on a consultant agreement.
The following procedures should only be lltiH7.oo on consultant claims greater than $1,000. If the
consultant's claim(s) are atotal of$l,ooO or less, it would not be cost effective to proceed through
the out1ined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a
firir and reasonable price for the consultant's claim(s) that total $1,000 or less.
This exlnDit will outline the pi:ocedures to be followed by the consultant andthe 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 tbat must be completed is the request for consideration of the claim to the Agency's
project manager.
The consultant's claim must out1ine 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;
. Tn:neframe 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 1, the next step in the process is to forward the
request to the Agency's project manager. The project mmi.agerwill 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, WSDOT
Highways and Local Programs (if applicable), and FHW A (if applicable) agree with the
consultant's claim, send a request memo, including backup documentation to the
consultant to either supplement the agreement, or create a new agreement for the claim.
~... After thcrel:J.Uest has been approved, the Agency sball writecthe 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 clilim procedures.
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If the Agency does not agree with the consultant's claim, proceed to step 3 of the
procedmes.
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 sball prepare
a SUIIl1IIllIY 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 snmm~tion 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 SUIIl1IIllIY of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
. Explanation regarding those areas in wbich 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 Clai1i1 and Agency
DOClJ11lflJ'tation
The Director of Public Works or Agency Engineer sball review and administratively
approve or disapprove the claim, or portions thereof: wbich may include getting Agency
Council or Commission approval (as applOpIiate to agency dispute resolution procedmes).
If the project involves federal participation, obtain concurrence from WSDOT Highways
and Local Programs and,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 ofPublio Works or Agency Engineer shall notify (in writing) the consultant
of their final decision regarding the consultant's claim(s). Include the final dollar amount
of the accepted claim(s) and rationale utilized for the decision.
Step 6 -Preparation of Supplement or New Agreement ibrtheConsultant's Claim(s)
The agency sball 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. .
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Exhibit M-l(a)
Certification Of Consultant
Project No. CR1899
Local Agency
I hereby certify that lam O\..,)U~
and
duly authorized representative of the firm of Shearer D.".;"" LLC whose address
is 3613 Phinney Ave N. #A. Seattle. W A 98103 and that neither I nor the above
firm I here represent has: .
(a) Employed or retained for a commi",don, per~ brokerage, contingent fee, or
other consideration, any firm or person (other than a bona fide employee working
se~w~or~aboverom~rMmro~~or~~~~;
(b) Agreed, as an express or implied condition w obtaining this contract, ro employ or
retain the services of any firm or person in connection with canying out this
AG~;or
(c) Paid, or agreed ro pay, to any firm, orgsmi:mtion or person (other than a bona fide
employee working selely for ~ or~ above roNS~TANr) any fee, contnDution,
donation, or consideiation of any kind for, or in connection with, procuring or
carrying out this A~REEMENT; except as hereby e...p.e&Sly stated (if any);
I acknowledge that this certificate is ro be available to the Washingron State Department of
Transportation and the Federal IDghway Administration, U.S. Departmentofrransportation in
connection with this AGREEMENT involving participation of Federal -aid highway fonds, and is
subject to applicable State and Federal laws, both criminal and civil.
SJjL
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Signature
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Exluoit M-l(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of Jefferson County,
Wasbington, and that the consulting firm or its representstive has not been required, directly or
indirectly as an express or implied condition in connection with obtaining or carrying out this
AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; 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 ofFedera1-aid highway funds, and is
subject to applicable State and Federal laws, both criminaI and civil.
Name Monte Reinders. P.R.. County En<>ineer
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L. .
Date '"). /~ "2.-
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Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Respol1Sloility
Matters-Primary Covered Transaetions
L The prospective primary participant certifies to the best of its knowledge and belief; that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, 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
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or contract under a public transaction; violation of federal or state
antitrust ststues or commission of embezz1emem, theft, forgery, bribe1y, falsification or
destruction of records, making false ststements, or receiving stolen property;
C. Are not presently indicted for or otherwise crim;na lly 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, stste, or local) terminated for cause or default
II. Where the prospective primary participant is unable to certify to any of the ststements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultsnt (Firm): Shearer Desil!D. LLC
NrJ~I,,,,,,,,,-
Signature: President or Authorized Official of Consultant
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Exhibit M-3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposaI, to the best of his
or her knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordsnce with its instructions.
This certification is a mater.ial 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): Shearer Desien LLC
Nrd~t-
Signatore: President or Authorized Official of Consultant
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Date
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Exhibit M-4
Certificate of Current Cost or Pricing Data
This is to certifY that, to the best of my knowledge and beIi~ the cost or pricing data (as defined in
section 15.401 of the Federal Acquisition Regulation (FAR)'andrequired under FAR subsection
15.403-4) submitted, either actaaIly or by specific identification in writing, to the contracting officer
or to the contracting officer's representati~ of *
are accurate, complete, and current as of .n\"- . **. This
certification includes the cost or priclD.g data . g any advance agreements and forward
pricing rate agreementa between the offer or and the Government that are part of the proposaL
Firm
Name _(}~,,\ 0
(plMSe print)
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DateofExecution*** -:Ll 'l.-\1A~\'\,
1 1
* Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the applopriate identifying number (e.g., RFP No.).
** Insert the day, month, and year when price negotiations were condl)nm and price agreement was
r<:ached.
*** Insert the day, month, and year ofsigoing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
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