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HomeMy WebLinkAbout031912_ca07 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 ::;;f.h March 19, 2012 To: Agenda Date: Subject: Standard Consultant Agreement with Integrity Structural Engineering Queets Bridge Painting Co. Rd. No. 107508, CR1881 M.P. 0.60 to M.P. 0.76 BHOS-16WA(001) Statement of Issue: Standard Consultant Agreement with Integrity Structural Engineering of Seattle, WA. for providing engineering services for the Queets Bridge Painting, CR1881 project. Analysis/Strategic GoalslPro's It Con's: This project is included in the offidally adopted 2012-2017 Transportation Improvement Program as Item No. 13. This project is also included in the adopted 2012 Annual Construction Program as item No. 13. The purpose of this project is to repaint the steel girders and bradng members of the Queets Bridge. This agreement will provide engineering services by Integrity Structural Engineering, for the Preliminary Engineering phase. The required engineering services for this project consist of: project management, preparation of Preliminary Design Report, Environmental Services and Permitting, and preparation of Plans, Spedfications, and Estimates. The Plans, Spedfications, and Estimates will be used for the bidding process and during construction of this project. Public Works staff used a consultant selection process to select this consultant from the 2011 Professional Services Roster as the most highly qualified consultant. Fiscal Impact/Cost Benefit Analysis: The maximum amount payable for consultant services under this Consultant Agreement is $172,361.22. This project has grant funding in the amount of $2,969,652 from the Federal Highway Administration Bridge Replacement Off System funds, administered via the Washington Department of Transportation. These consultant services will be eligible for reimbursement from the BHOS funding at the rate of 100%. Recommendation: The Board is asked to execute the three (3) originals of the Professional Services Consultant Agreement with Integrity Structural Engineering, and return two (2) signed originals to Public Works (attn. John Wayand). Department Contact: John Wayand, Project Manager, 385-9377 3>~~L- Date "'{..... ~ .~, 1 . Local Agency ConsultantlAddressfTelephone Standard Consultant Integrity Structural Engineering, PLLC Agreement 4124 Interlake Ave. N. . l8!ArchitecturallEngineering Agreement Seattle, WA 98103 o Personal Services Agreement Agreement Number Project Title And Work Description Queets 2011-1 Professional Engineering Services for. Federal Aid Number BHOS-16WAr0011 Queets Bridge PaInting, Bridge No. 8W, CR1881 Clearwater Road, M.P. 0.60 to M.P. 0.76 AgreementType (Choose one) Co. Rd. No. 107508 o Lump Sum Lump Sum Amount $ DBE Participation o Cost Plus FIxed Fee DYes IZINo % Overhead Progress Payment Rate _% FederallD Number or Social Security Number Overhead Cost Method o Actual Cost 69-3807489 o Actual Cost Not to Exceed _% o Fixed Rate Do you require a 1099 for IRS Completion Date IZI Yes ONo December 31, 2013 Fixed Fee $ Total Amount Authorized $172.361.22 IZI Specmc Rates Of Pay IZI Negotiated Hourly Rate Management Reserve Fund $0.00 o Provisional Hourly Rate o Cost Per Unit Maximum Amount Payable $172.361.22 Index of Exhibits (Check all that apply): TInS AGREEMENT, made and entered into this day of . , between the Local Agency of Jefferson County, Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT" DOT Fonn 140-089 EF Revised 312008 IlW]onnslStandard Consultant Agreement wiIh Exhibits Revised (In III Page 1 of 42 . ~. f WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statntes relating to professional registration, if applicable, and bas signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as foIlows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shaIl furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. n Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. m General Requirements AIl aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shaIl receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY wiIl provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSUL T ANT, shaIl not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSUL T ANT, shaIl carry out applicable requirements of 49 CFR Part 26 in the award and administration of USOOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. IfD/MIWBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation PIan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSOOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. PW]ormslStandard Consultant Agreement with Exhibits Revised I In/ll Page 2 of 42 . ~. g All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit ''C.'' All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until anthorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub-consultant shall not exceed its mllKimum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fIXed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub-contractor, any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. PW]onnslStandard Consultant Agreement with Exhibits Revised Iln/11 Page 3 of 42 . f ...; . vn Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely forthe CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shaJI have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VllI Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 2 I Subchapter V Section 2000d through 200Od-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 2 I 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the PW]ormslStanc!llrd Consultant Agreement with Exhibits Revised Iln/11 Page 4 of 42 . , t attached Exhibit "H" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (IO) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination, Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or its employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any ofits supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. PW]ormslStandard Consultant Agreement with Exhibits Revised] ]171] 1 Page 5 of 42 . ; X Changes of Work Tbe CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necesswy to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY fmd it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XN. XI Disputes Any dispute concerning questions offact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". xn Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necesswy to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. xm Legal Relations The CONSULTANT shall comply with all Federal, State, and loca1laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sectipns of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any inununity under the state indnstrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administretion of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an PW]onnslStandard Consultant Agreement with Exhibits Revised lIntll Page 6 of 42 , t acceptable supplemental agreement, 1he CONSULTANT shall provide On-Call assistance to 1he 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 1he State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage inSurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability (Errors and Omissions) policy in an amount of not less than one million dollars ($1,000,000.00) combined single limit if any employee, agent or representative of the CONSULTANT undertaking work in furtherance of or pursuant to this Agreement holds or is required to hold a professional license issued by the State of Washington or any other state. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT'S insurance required by this Section shall be in all circumstances primary to any insurance available to the AGENCY. The CONSULTANT shall furnish the AGENCY with verification ofinsurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall sub\llit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such o1her 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. PW]onns/Standard Consultant Agreement with Exhibits Revised I Inll I Page 7 of 42 f' ; B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (I) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall .excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shalI not be increased or considered to be increased except by specific written supplement to this AGREEMENT. xv Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification ofthe Consnltant and the Agency Attached hereto as Exhibit "M- I (a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit ''M-2'' Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Aceeptance This AGREEMENT may be simultaneously execnted in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in t1ie proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. PW]onnslStandard Consultant Agreement with Exhibits Revised I In/1 I Page 8 of 42 " i. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (I) of this AGREEMENT. Integritv Structural Engineering. PLLC Consultant (please print) KffAJA/?TJI /11. }(J)1-SCJ/fJ C~~p~ Consultant's Signature 3>/7/)2-. Date COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member t\-, Approved as to form only this =:; - day of M'A \t CY\~2012 t0~ ~.r David Alvarez Deputy Pr~~uti ttomey vf )11.,' J tI / Z- Frank Giffor Date Public Works Director PW]ormslStandard Consultant Agreement with Exhibits Revised I In/1 I Page 9 of 42 l ~ EXHIBIT A-I SCOPE OF WORK FOR ENGINEERING SERVICES QUEETS BRIDGE PAINTING Bridge No. 8W Cleanvater Road M.P. 0.60 to M.P. 0.76 County Road Project CRISSl County Road Number 107508 OBJECITVES: The objective of the proposed work is to provide the preliminary engineering, construction documentation, and construction engineering support necessary for the painting of Jefferson County's Queets Bridge. Queets Bridge is located on the Clearwater Road between M.P. 0.60 and M.P. 0.76, approximately 45 miles from Forks, W A. and 65 miles from Aberdeen, W A., in Section 19, Township 24 North, Range 12 West, W.M. The bridge is 844 feet long and 37 feet wide, out-to-out. The superstructure is comprised of ateel plate girders, cross-bracing, and a concrete deck. The girders are made from weathering ateel which were painted when the bridge was constructed in 1988. The painting is planned for 2013. All work is to be performed per the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction, the AASHTO Standard ~pecifications for Highway Bridges, and the Sleel Structores Painting Council (SSPC) Painting Manuals. The proposed scope of WOIK for this project is divided into two phases. Phase I: Preliminary Engineering includes: Project Management, Preparation of Preliminary Design Report, Environmental Services and Permitting, and Preparation of Plans, Specifications, and Estimates. Phase IT: ConstrucIion Engineering includes Construction Engineering Support Services. The Consultant may be considered for negotiation of Phase IT work after successful completion of the Phase I work. The Consultant will be responsible for any and all WOIK and materials necessary to provide the preliminary engineering, construction documentation, and construction engineering support required for this project. The Consultant's work effort shall be to complete the tasks as specified in this scope to the satisfuction of the Jefferson County Public Works (Agency). AGENCY'S RESPONSmILITIES: a Right of Entry and access to the project for all required services. b. Payment for permit fees associated with the project. c. Provide review comments and revisions for all Consultant deliverables. d. Provide all readily available project information to the Consultant, (original bridge plans, bridge inspection report) e. Provide typical formats for plan sheets and sample specifications. f. Provide standard Agency special provisions to be included in the project Special Provisions. g. Provide internal coordination within Jefferson County for reviews, permits, and approvals. h. Provide and manage the construction bidding process. i. Provide a part-time construction inspector during the cons1ruction phase. DESIGN CRITERIA: a Sleel Structores Painting Council (SSPC) Painting Manuals, latest edition b. WSDOT Local Agency Guidelines Manual, latest edition c. WSDOT Standard Specifications for Road, Bridge, and Municipal Construction, latest edition d WSDOT Standard Plans for Road, Bridge, and Municipal Construction, latest edition e. WSDOT Bridge Design Manual, latest edition f. AASHTO Standard Specifications for Highway Bridges, latest edition g. WSOOT Design Manual, latest edition h. WSDOT Plans Preparation Manual, latest edition i. WSDOT Environmental Procedures manual, latest edition j. WSDOT Construction Manual, latest edition PW]ormslStandard Consultant Agreement with Exhibits Revised 11/7/11 Page 10 of 42 ; f PHASE I: PRELIMINARY ENGINEERING TASKS TASK 1: PROJECf MANAGEMENT, ADMIN1STRATION AND COORDINATION, QUALITY ASSURANCE/QUALITY CONTROL This task includes management of the Consu1tant's work effbrt, management of scope and budget, management of schedule and delivery dates, coordination of the Consultant's activities with the Agency and Subconsultants, and submittal of project progress reports and invoices. Subtask 1.1 - Project Management and Administration This work includes monitoring monthly progress and the status of individual work elements, project meetings, and work planned for the following month. The Consultant will document the current project status and provide projections for remaining work and expenditures. This work also includes preparation of project correspondence, submittals, transmittals, and management of Consultant's personnel for this project. The Consultant will be required to coordinate the work effbrt involved in all tasks under this agreement with the Agency. Prior to beginning any work, the Consultant will establish a project manager dedicated to this project, who will be the Consultant contact for the Agency. This work includes the preparation, attendance, follow-up, and documentation of meetings for the duration of the project. These meetings will be used by the Agency to provide input and guidance for the Consultant team, and will be used to discuss submittals, identify project issues, and develop solutions. The Consultant will prepare meeting agenda and distribute to the Agency a minimum of two working days prior to each meeting. The Consultant wlll prepare and distn'bute meeting notes with required actions to all meeting participants within 5 working days of the meeting. The initial project meeting will be held at the Jefferson County Department of Public Works office in Port Townsend. Subsequent meetings may be held at the Agency's Port Townsend office or by phone as directed by the Agency. Provide monthly written progress reports submitted with the monthly project invoice, which shall include the following for the Consultant and any Subconsultants: a. Progress-to-date for that month. Provide detailed description of the work completed by each employee. b. Progress compared to original schedule and anticipated progress next month. c. Anticipated problems and delays for the Consultant's work. d. Quality Assurance/Quality Control review documentation e. Updated schedule of individual work elements. f. Critical path schedule for the Consultant's work. Provide invoices for accomplished work at a frequency not to exceed one per calendar mouth. The Agency wllI disallow all or part of any claimed cost, which is not adequately supported by documentation. Invoices shall include the following for the Consultant and any Subconsultants: a. Name of each employee that worked on the project in the billing period b. Each employee's job classification. c. Each employee's hours worked. d. Each employee's regular and overtime hourly wage rates. e. The total wages paid each employee. f. Each invoice will also include all direct non-salary costs and copies of supporting invoices or bills. g. All mileage charges wlll be supported by departure and arrival odometer readings fur all vehicles used for the work. Mileage charges will be paid at the current IRS standard mileage rate. h. Copies of invoices from any Subconsultants used on this project, with copies of associated invoices fur non-salary costs. i. Perdiem rates will be paid per the current published State of Washington Perdiem Rates, (www.ofm.wa.gov/resourcesltraveVcolormap.pdf). Meetin!!S: One initial project meeting at the Agency's office in Port Townsend. Subsequent progress meetings will be as directed by the Agency. Deliverables: Meeting agendas and meeting notes with required actions, monthly progress reports including updated schedules, critical path schedules, and monthly project invoices. PW]ormslStandard Consultant Agreement with Exhibits Revised I In!l! Page 11 of 42 f . . Subtask 1.2 - Coordluation with Subcousultaut Direction of the Subconsultant and review of their work for the project will be provided by the Consultant. This work includes reviewing the status of individual work elements, review of monthly Subconsultant progress reports and invoices, attending meetiugs, and plauuing of work items fur the fullowing month. The Subconsultant will meet with the Consultant prior to the start of any work. The Subconsultant's work plan, expectatious, report and plans formal, review process, deliverables, and examples of required documentation will be discussed and agreed to at that time. Meetiues: One meeting between the Consultant and the Subconsultant to prepare the subcousultant agreement contract and the invoice and progress report furmat. Deliverables: Monthly Subconsultant progress reports and Subconsultant project invoices. Subtask 1.3 - Quality AssuraueelQuality Control The Cousultant will provide Quality Assmance/Quality Control (QAlQC) for the services provided under this scope of work. The Consultant will include quality assurance review on deliverables by a designated staff member highly qualified in bridge painting engineering. The review will cover documents, reports, plans, and other project information for the duration of the project. The cost of the QAlQC services is to be included individually under each Task. Poteutial changes to the project scope, schedule, and budget identified in the qua1ity control process, will be reported to the Agency immediately. Meetiues: QAlQC work to be discussed in the initial Agency project meetiug and subsequent Agency meetiugs. Deliverables: Documentation of quality assurance/quality control review wiD be included in the monthly progress reports. TASK 2: PRELIMINARY DESIGN REPORT The Consultant will review the reference materiaI provided by the Agency and any other relevant informatiou that is available. The Consultant will visit the bridge site, perform tests and measurements, and prepare a Preliminary Design Report fur the painting of the Queets Bridge. Subtask 2.1: Field Inspection and Data Collection The key member(s) of the Consultant team will travel to the bridge site and perform field inspection, testing. and measurements to evaluate aud establish the existiug paint condition. The field inspection will include: I. A close visual inspection of the existiug bridge structure. 2. Photographs with captions of significant feetures I'\lgarding corrosion, paint, etc. 3. Preparation ofa bridge paint inspection report. The field testing and measurements may include: I. Taking existiug paint thickness measurements. 2. Performing adhesion tests in accordance with applicable ASTM standards. 3. Taking represeutative paint samples for analysis of heavy metals. Testlug will be done by a materials testing firm with the appulpliate accreditations. 4. Take represeutative soil samples prior to performing any work. Soil samples will be held and an analysis performed only in the event there is an environmeuta1 challenge. 5. Paint test patch application and evaluation. Procure the primers that are specified in the WSDOT Standard Specifications and other possible candidate primers. Procure the materials and supplies to perform the paint test application. Prepare the surfilces and apply the various primers to readily accessible locations on the bridge that require no special rigging. Return to the bridge aud evaluate the test patches with adhesion tests, visual examination and photographs. The Consultant win provide an Under Bridge Inspection Truck (UBIT) for bridge paint inspection and evaluation. The Consultant win provide traffic control for bridge paint inspection and evaluation. PW]onnslStandard Consultant Agreement with Exhibits Revised] In III Page 12 of 42 ~ : Deliverables: Bridge paint inspection report, testing and measurements will be included in the Preliminary Design Report. Sobtask 2.2: PreUmioary Design Report The Consultant will review the infonnation collected from the field inspection, testing, and measurements, the reference material provided by the Agency including a completed WSDOT Steel Bridge Paint fonn, Bridgeworks program data, and existing bridge plans. The Consultant will prepare a preliminary design report whicb describes the existing condition of the bridge pain!, presents the testing and measurement data, discusses any construction issues, proposes containment systems and painting options, provides recommendations for painting materials and methods, and provides painting cost estimates. The preliminary design report will also provide a determination of the need for a construction easement I permit for contractor staging areas. Size and locations for the construction easement/permit will also be provided. The Consultant will provide revisions as requested by the Agency, for preparation of the final Preliminary Design Report. The Consultant shall stamp & sign the final Preliminary Design Report. Deliverables: . 80% Preliminary Design Report: MS Word file, PDF file . 100% Preliminary Design Report (stamped and signed): MS Word file, PDF ftle and printed original. TASK 3: ENVIRONMENTAL SERVICES AND PERMl'ITING This task includes preparing and obtaining approval for all required environmental documents for this federally Iimded project The Consultant will be responSIble for satisfYing the requirements for the National Environmental Policy Act (NEPA), Section 7 of the Endangered Species Act, Section 106 of the National Historic Preservation Act, State Environmental Policy Act, and all other required State and Local approvals and permits. Subtask 3.1: Environmental Documentation The Consultant will determine which environmental approvals and permits are required for this project The Consultant will prepare and obtain approvals for all required environmental documents. The following documents are typically required for construction projects: a. ESA Section 7, Biological AssesSlDent b. Section 106, NHP A c. NEP A checklist: Environmental Classification Summary (ECS). WSDOT and FHW A approvals required. d. SEP A checklist: Jeffurson County Department of Community Development (JCDCD) approval required e. JARPA: I. Wetland Delineation Report: 2. JARPA 3. USACE Section 404 review 4. USACE SectionlO review S. HPA, WDF&W review 6. WSDOE401 permit review f. WSDOE Coastal Zone Management Review g. Jefferson County Master Application h. Jefferson County Stormwater Permit Application i. Jeffurson County Shoreline Permit Application j. Additional environmental documents and approvals as determined. Prior to initiating environmental work, the Consultant will participate in a conference caII(s) with the Agency and WSDOT Local Programs Environmental staff to determine the appropriate level of environmental permitting. A preliminary ECS form will be completed and reviewed by the Agency and Local Programs early in the Preliminary Engineering phase and prior to proceeding with additional work. All required project environmental documentation wiI1 be developed following the WSDOT Local Agency Guidelines mannal. The Consultant will attend a pre-application meeting at the Jefferson County Department of Community Development (JCDCD). PW]ormslStandard Consultant Agreement with Exhibits Revised llnlll Page 13 of 42 . " , . The Consultant will prepare the draft applications and permits and provide copies to the Agency for review. The consultant will revise the draft applications and permits per the Agencies review for fina] documents. The Consultant will respond to comments from WSDOT, JCDCD, and the resource agencies. The Consultant will apply for and obtain all required approvals and permits from the appropriate regulatory agencies. The Agency will provide all permitting fees. WSDOT will be the official lead agency for NEP A issues and will be responsible for federal agency coordination and concurrence. JCOCD will be the official lead agency for SEPA issues and will be responsible for state agency coordination and concurrence. Deliverables: Draft and Final applications and permits for all required -environmental documents. TASK 4: PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) This task includes design of the bridge preparation / painting system and Plop",af.ion of the Plans, Specifications and Estimate. The PS&E package shall be prepared to meet all applicable standards as Iisted under Design Criteria The Consultant shall provide a Professional Engineer's stamp and signature on the following documents: Design documents, Plan sheets, Specifications, Special Provisions, Estimates. The Consultant shall assist in coordinating the Bridge Replacement Off System grant fonds for the construction pbase with FHW A/WSDOT. Subtask4.1: Design The Consultant shall provide the design for the following items: a. Abrasive containment system including wind & containment load verification. b. Abrasive blasting to remove existing paint c. Treatment of pack rust d. Repainting with a primer and top coat painting system. e. Other painting operations as needed. f. Traffic control for construction activities (One-lane or two-lane closmes, and detours. Two lane closmes longer than I hour will not be allowed.) Subtask 4.2 Plans The Consultant shall prepare plans for bridge preparation and painting in accordance with the WSDOT Plans Preparation Manual and Jefferson County Public Works standard construction plan sheets. The plans shall include the following sheets, but not be limited to: a Vicinity Map and Drawing Index b. Summary of Quantities c. Bridge LayoutlPainting Plan and General Nutes d. Traffic Control Plans The Agency will review the plans (300/0, 600/0, and 90"10) and the Consultant shall incorporate the Agency's commenls in the plans. Deliverables: . 30% Check Plans: AutoCAD file, PDF file and II "x I T' printed copy . 60% Check Plans: AutoCAD file, PDF file and II "xl T' printed copy . 90% Check Plans: AutoCAD file, PDF file and II "xl7" printed copy . 100% Final Plans (stamped and signed): AutoCAD file, PDF file, II"xIT' printed original, 22"x34" printed original. Snbtask 4.3 Specifications The Consultant sball assemble the specifications for this project This work shall consist of obtaining current WSDOT amendments, general special provisions (GSPs), bridge special provisions (BSPs), and writing project special provisions. The Agency will provide standard Agency special provisions to the Consultant, for incorporation into the project special provisions. The Agency will provide standard contract document sheets to the Consultant to incorporate into the project specification package. The Consultant will be responsible for assembling the final contract documents (plans, contract provisions and bid proposal). The Consultant will provide a copy of the final assembled contract documents to the Agency for review. The Consultant shall provide a final contract document package to the Agency after all revisions have been completed by the Consultant PW]onnslStandard C<msultant Agreement with Exhibits Revised 1 In /11 Page 14 of 42 !- . . Deliverables: . 30% Check Project Special Provisions: MS Word file, PDF file and printed copy . 60% Check Specifications: MS Word file, PDF file and printed copy . 90% Check Specifications: MS Word file, PDF file and printed copy . 100"10 Final Specifications (stamped and signed): MS Word file, PDF file and printed original. Subtask 4.4 EstImate The Consultant shall prepare an Engineer's Estimate to reflect the expected construction costs for this project. The estimate shall include WSDOT standard bid item names, quantities, unit measures, unit costs, item costs, and total cost The Engineer's Estimate shall include a list of assumptions used in the preparation of the estimate. The Consultant shall prepare detailed backup quantity calculations for all bid items. The backup quantity calcnIations for lump sum items will include detailed "breakouf' calculations. The Consultant shall provide the Agency with printed copies of the quantity calcnlations in an organized binder. The consultant shall provide the Agency with updated quantity calculations as stated under Deliverables. Deliverables: . 60% Check Estimate and quantity calculations: MS Excel file, PDF file and printed copy . 90% Check Estimate and quantity calculations: MS Excel fde, PDF file and printed copy . 100% Final Estimate and quantity calculations (stamped and signed): MS Excel file, PDF file and printed original, final quantity calculations to be submitted in an organized binder. Subtask 4.5: Clarification of Design Intent This task includes responding to requests from bidders (via the Agency) for clarification of design intent during the bidding process. The Consultant's responses to requests for clarification of design intent will be used by the Agency for issuing addendums or informational bulletins to bidders. The Consultant shall treat the requests for clarification of design intent as high priority tasks and respond to them as soon as possible and within one day maximum. For estimation purposes, it is assumed that the Consultant wllI review, and provide responses to 5 requests for clarification of design intent. Deliverables: Responses to requests for clarification of design intent (stamped & signed): PDF file. PW]ormslStandard Consultant Agreement with Exhibits Revised I In/1 I Page 15 of 42 u_u_ I ~. Ii Hi -. --- [[ Ii j '-,I >>r->> .~ I"j .~.~ ~ r I "I'. · '..", ~~I ~"'I' ;i~ I j ~~i ~11~~.II~I~ili~i~!~I~ 1~~i~I~~ ~~~~~ ~~~~;~~I . I: :~: r-f 1- f:rl-:u~ i' ,'~ ~in" q~ ~r'II' 'PI"'~'I~' . -;ntl~; ~ i itn ~ ~ ~ ~T' -r~l {n ri II nl ~ ~ I nti r~i ~-~r i! · I II n II jj r. jj p ~ ~ 'I I U I l' n 'I P J j ~ u Ii! f ~ I ~ P ~.z r I n t!! ~~~; !~t~~~t~t !'.~lltt~~D~~ t.it~~t~tj tt! 1- I .! iO "I ~ : · ,0. i . I' 0 I In! U I C+.: iO ,0 iO iaJ~ PI; i r ,0 I".' :, 1 I ~ ,( II! rj-- :1;';I-i!tTil ,-~~--rl ! 1- _n ~-I- -rT ; --, -- \ I fIn ~ ~ 8l~1 'I U!~;i d'rll~, if II , H ~~ II ! 1,1 ,11,111'1 Ilr,'1 'I'" 111,1 i' II ! , >> ./ ____.____n__~___.__~___________ _ __.__"__'_'.__~_________ ____~ _._..n_~_______'__'_'__'______________.M',_______,_,_____. ______ _________ 3 !1!1 . ---- ----t r ~ . i .. j/ . rr ~ S"~ ..Lnt_ r:; . i ~ ~ ~.~ ~ ; & ; I;; ~!r; ;I~ ~ Iii: ~ I ; ~ ' ~ 1~~~~E~j~jl,lj~iE H~!jjllj~n~ n rn nrn~ 1 ~ /nl--nn rrrrn rn -1,.,,1.1 ~ ~.j '.u,' '~,'n ilj .',1 i~. I~,'~ ~ nr It :f! ~ t ~ ~ I ~'Irf nt ra i:t '! II !t 't ~ t f If .~; riel'::l ! as '2 ~Q4; 1..,lsOjQftift :: I. I" I': I I . I I , ,;, I , : I I ' : 1 j -;'- r~n~- I~r rT;r~;T -- ... I I fill ;liJ~I.. .. II : i :: . i , I I i I >> I ! i . n -s.... - ~ I nn_____n_n ~. II Hi [[ nn ! . . . ... .nnnn. ! I ~t.tljF.III~r. I III hi! I n ~ IU · p lilh p'lrrrr II 1 nli~:,..;~. ~. .'.~ J '.:1 . ~ I:: ~...:...: ~ Iv 1- i". !,. k....... ~'" I'" I..... '.): Ii: !! i j I :~: ~ -1--. _.Ln. nJ1l- : I i.: :--:, i !: : I I I . ! Iii i I! ! II II " I ~ 111111 'p ~ 1.8 JI~ i.,_ 'If 1.11 ~ II iii I,~ II ~:I ~ 'S I II II . ~ -' Exhibit C EleetroDie Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the fonnat and standards the consultant is to use in preparing electronic files for transmission to the agency. The fonnat and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data: cadastral, topographic, and construction surveying: ASCII fonnat or Land XML containing poiut numbers, coordinates in Washington Coordinate System Grid, point descriptions. B. Roadway Design Files: Agency's current Engineering computer program file fonnat or Land XML fonnat. C. Computer Aided Drafting Files: AutoCAD file fonnat in the Agency's current version or older as agreed upon. D. 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. Electronic Deliverables to Be Provided to the Agency: All Surveying data, maps, and plans; Preliminary engineering studies, calculations, computer program results, analyses, reports, correspondence, reviews, and photos; Preliminary, intennediate and final Permits, Cross-sections, Profiles, Plans, Specifications, Estimates, Schedules, Contract Documents, and Construction engineering and management documents. II. Any Other Electronic Files to Be Provided: As needed. Ill. Methods to Electronically Exchange Data A. Agency Software Suite: Microsoft Office (2007 or newer) programs, Autodesk AutoCAD 2009 through 2012 and/or Civil 3D 2012 programs, Eagle Point design programs. B. Electronic Messaging System: Microsoft outlook C. File Transfers Fonnat: ASCII, Microsoft Office program fonnals, Autodesk program fonnats, Eagle Point program fonnats. D. Physical media: Transfer all data to the Agency on optical media: CD or DVD fonnat. PW]ormslStandard Consultant Agreement with Exhibits Revised I1ntIl Page 16 of42 , . : Exhibit D-3 Payment (Negotiated Honrly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CPR 31. I. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "E" and "P' attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The mtes are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verifY the hours billed on the AGREEMENT. 2. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and sub-consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Tmvel Rules and Procedures. However, air, train, and reutal car costs shall be reimbursed in accordance with 48CFR Part 31.20546 "Tmvel Costs." b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administmtor with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesserof$I00,OOO or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amouut 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 heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XN, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. PW]ormslStandard Consultant Agreement with Exhibits Revised 11/7/11 Page 17 of42 " : 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in I and 2 above. The monthly billings shaIl 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-saIaIy expenses. To provide a means of veri1)ring the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, saIaIy rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6 Final Payment: Final Payment ofany balance due the CONSULTANT of the gross amount earned wiIl be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing wiIl not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT wiIl refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE, and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the foIlowing exception: if any litigation, claim or audit 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 litigation, claim, or audit involving the records is completed. PW]ormsfStandard Consultant Agreement with Exhibits Revised I In/ll Page 18 of42 . . Exhibit D-4 Payment (provisional Hourly Rate) [Applies to Subeonsultant Greenman - Pedersen, Inc. only) The SUBCONSUL T ANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shaD be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. I. Hourly Rates: The SUBCONSUL T ANT shall be paid by the AGENCY for work done based upon the provisional hourly rates shown in Exhibit "G-2" and "G-3" attached hereto and by this reference made part of this AGREEMENT. The actual hourly rates will be determined by an audit of the SUBCONSULTANT'S last completed fIScal year andlor their current projected fiscal year. The provisional andlor audited rates listed shall be applicable for the frrst twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the SUBCONSUL T ANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, andfee. The SUBCONSULTANT shall maintain support data to verifY the hours billed on the AGREEMENT. In the event re-negotiation of the hourly rates is conducted, the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the SUBCONSUL T ANT and modifY the hourly rates to be paid to the SUBCONSUL T ANT subsequent to the re-negotiation accordingly. Any changes in the SUBCONSULTANT'S fixed hourly rates may include salary or overhead adjustments. 2. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the SUBCONSUL TANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub-consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The SUBCONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46 "Travel Costs." b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The SUBCONSUL T ANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the SUBCONSUL T ANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$IOO,OOO or 10010 of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XN, "Extra Work." PW]onnslStandard Consultant Agreement with ExhibIts Revised I In/1 I Page 19 of 42 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the SUBCONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XN, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in I and 2 above. The monthly billings shall be supported by detailed statements for hours expended at the rates established in Exhibit "G-2" including names and classifications of all employees, and billings for all direct non-salary expenses. To provide a means of verifYing the billed salary costs for the SUBCONSUL T ANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Final Payment: Final Payment of any balance due the SUBCONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the SUBCONSUL T ANT shall constitute a release of all claims for payment, which the SUBCONSUL T ANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the SUBCONSUL TANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the SUBCONSUL T ANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the SUBCONSULTANT, the SUBCONSUL T ANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the SUBCONSUL TANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The SUBCONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The SUBCONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE, and the United States, for a period of three (3) years after receipt offmal payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed PW]ormslStandard Consultant Agreement with Exhibfts Revised I Inll I Page 20 of 42 Exhibit E-2 Consultant Fee Determination - Snmmary Sheet (Specific Rates of Pay) Fee Schedule [Applies to Consultant Integrity Structnral Engineering, PPLC only] Discipline or Job Title Hourly Rate Overhead @_% Profit @_% Rate Per Hour Proiect ManlUl:erl Bridge Consultant 130.00 0.00 0.00 130.00 PW]onnslStandard Consultant Agreement with Exhibits Revised Iln/11 Page 21 of 42 . " . . < I',,,,, "Ii INTEGRITY ",c) ...... ; "il,'r STRUCTURAL "., ,. ENGINEERING PLLC 4124IN'TERLAKEAVENUE NORTH SEA1I1.E. WA 98103 TEL.: (208) 547-1379 FAJC(208) 647-1381 EMAn.: INTEGRlTYSE@A'IT.NET February 9, 2012 Mr. John Wayand Project Manager Jefferson County Department of Public Works 1322 Washington st. P.O. Box 2070 Port Townsend, WA 98368 RE: Queets Bridge Painting Project In Jefferson County (on Clearwater Rd. M.P. 0.60 to 0.76) Professional Services Approval Request for Hourly Billing Rate Dear Mr. Weyand: I am the owner, principal engineer, and sole employee of Integrity Structural Engineering,' PLLC (ISE). Please consider this letter request for approval and use of a Billing Rate for ISE. This covers consulting work for Project Management, Bridge, and structural Engineering for Jefferson County. ISE Is a one (1) employee flrm with no calculated overhead rate. ISE charges a flat hourly billing rate for services that is the fully burdened billing rate and Includes all applicable costs of direct salary, overhead, and fee. The hourly fees offered for this contract are the lowest fees we offer for preferred clients, as supported by previously provided copies of Invoice billing Instruments. I also conflrm that all direct non-salary expenses would be invoiced at cost without mark-up. - Ken Wilson PE SE, Project ManagerlBridge Consultant - $1301hr ISE 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 therato. Thank you for this opportunity to submit my approval request. Please feel free to call me (Ken Wilson) at 206-547-1379 with any questions. Sincerely, ~~v/ Kenneth M. Wilson, PE SE Project ManagerlBridge Consultant . g . . ! Iii! , , , m; J :Ii ~ I! 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I ~ j ~ I! ~ I i ~ J J!I j p~ -; II to ~ I ~l I ~ I ~! i; i h i h Iii I i II!U:I!II!!j · i ~! ~U II~ n I ~ ll:~~~~ ~,~o ~~~ ~ ~' "I~,ui N fl)j l:~" . ... ~ ~:i'~1 j ~' 1: 1Q!3:l! ~z iil ~~J !~ I! ~! i - ~ I ili! ~'.~ ill I!,' I!! I i . 1il '" ' I I i i i , , , : '1l1l1l1l1l88g Up'lSl!!t::,8..; .,.:~t2.,.: fliO,....~~ ,fItW W t9~"1'- '1"". , ...liQ> I I : I ! III i i I loi {:. l- I i 1: i I ~f- ~ - ! ~ ~ II. h~I~~ ~gil;1I. ~] ~I d ~ ~I i i !I~ -I ~ ~ ~ ~tl ~ ~ II i Irh~ I I u!ull I ! I I , ! i I I ~I .. ' ... ... . ~ ' .. I I. I I i i , I I I ~ !!l i i ! I I . I I I I ; ! I I I I . . Exhibit G Subcontracted Work The AGENCY pennits subcontracts for the following portions of the work of this AGREEMENT: Bridge Painting Subconsultaut Engineering Review Subconsultaut Environmental Subconsultaut Archaeological Services Subconsultaut (ifnecessmy) PW]onnslStandard Consultant Agreement with Exhibits Revised I Inll I Page 22 of 42 ~ . . Exhibit G-l Subwnsultant Fee Determiuation - Summary Sheet (Mandatory when Subwnsultants are utilized) Project: Oueets Bridge Painting. CRI881 Sub Consultant: Exeeltech. IDe. DIRECT SALARY COST (DSC): Cost $2,880.00 $0,000.00 $0,000.00 $0,000.00 $0,000.00 $0,000.00 $0,000.00 $0,000.00 x x x TOTAL DSC :;::: $ 2~880.00 OVERHEAD (OH cost - includingSalmy Additives): OH Rate x DSC of 136.47% x $2.880.00 = $ 3.930.34 FIXED FEE (FF): . FF Rate x DSC of 30 % x $ 2.880.00 = $ 864.00 REIMBURSABLES: Itemized = $ 50.00 = $ 0.000.00 = $ 0.000.00 = $ 0.000.00 = $ 0.000.00 SUBCONSULTANT TOTAL GRAND TOTAL = $ 7.724.34 PREPARED BY: C. Ernest Nelson - Exceltech. Inc. DATE: February 9. 2012 PW 10nnslStandard Coosultant Agreement with Exhibits Revised Ilnfll Page 23 of 42 -~ . . Exhibit G-2 Subronsultant Fee Determinatiou - Summary Sheet (Specific Rates of Pay) Fee Schedule Subcousultant Exeeltecb, Iue. Hourly Overhead Profit Rate Discioliue or Job Title Rate !aJ.136.47% !aJ. 30.00 % Per Hour Bridge Eugiueer / 45.00 61.41 13.50 119.91 Structural Reviewer Director of Bridges & Structures 59.44 81.12 17.83 158.39 Lead Bridge Inspector 47.84 65.29 14.35 127.48 PW]onnslStandard Consultant Agreement with Exhibits Revised I Inlll Page 24 of 42 - , Exhibit G-3 Breakdown of Subconsultants Overhead Cost Exceltech, IDe. Account Title S Beginning Total % of Direct Labor Direct Labor 1,678,318.00 100.00% Overhead Expeoses: FICA 256,446.00 15.28% Unemployment Health! Accident Insurance 107,536.00 6.41% Medical Aid & Industriallnsurance HolidayNacationlSick Leave 209,069.00 12.46% CommissionIBonuslPension 59,035.00 3.52% Total Fringe Benefits 632,086.00 37.66% General Overhead: State B&O TlIKes 78,989.00 4.71% Insurance 90,162.00 5.37% Administration & Time Not Assignable 775,477.00 46.21% Printing, Stationery & Supplies 32,828.00 1.96% Professional Services 13,547.00 0.81% Travel Not Assignable 25,440.00 1.52% Telephone & Telegraph Not Assignable 57,213.00 3.41% Fees, Dues & Professional Meetings 32,206.00 1.92% Utilities & Maintenance Professional Development Rent 280,054.00 16.69% Equipment Support 61,235.00 3.65% Office, Miscellaneous & Postage 189,527.00 11.29% Total Generul Overhead 1,636,678.00 97.52% Total Overhead (General + Fringe) 2,268,764.00 135.18% Facilities Capital Cost of Money 21,625.00 1.29% Overhead Rate (Total Overhead I Direct Labor) 136.47% PW]onnslStandard Consultant Agreement with Exhibits Revised 1 Inlll Page 25 of 42 t . . Exhibit G-l Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utillzed) Project: Oueets Bridge PaintinlL CRI881 Sub Consultant: Wetland Resources. Ine. DIRECT SALARY COST (DSC): Classification Man Hours Rate Principal Ecologist 136.0 x 135.00 Senior Ecologist 0.0 x 115.00 Technician 0.0 x 65.00 x TOTAL DSC OVERHEAD (OH cost - including Salmy Additives): x x x x OH Rate x DSC of 0% x $18360.00 FIXED FEE (FF): FF Rate x DSC of 0% x $ 18.360.00 = REIMBURSABLES: Itemized SUBCONSULTANT TOTAL GRAND TOTAL PREPARED BY: John Laufen~- Wetland Resources. Inc. = Cost $18,360.00 $0,000.00 $0,000.00 $0,000.00 $0,000.00 $0,000.00 $0,000.00 $0,000.00 = $18.360.00 = $ 0.00 $ 0.00 = $ 827.50 = $ 0.000.00 = $ 0.000.00 = $ 0.000.00 = $ 0.000.00 = $19.187.50 DATE: Februarv 9. 2012 PW]onns/Standard Consultant Agreement with Exhibits Revised Ilnl11 Page 26 of 42 , , Exhibit G-2 Subeonsultant Fee Determlnation - Summary Sheet (Specifie Rates of Pay) Fee Sehedule Suboonsultant Wetland Resoun:es, Ine. Hourly Overhead Profit Rate Discipline or Job Title Rate (ij)yYY.xx% {aJ XX.xx % Per Hour Bridge Engineer / 135.00 0.00 0.00 135.00 Struetural Reviewer Senior Eeologist 115.00 0.00 0.00 115.00 Tecbnieian 65.00 0.00 0.00 65.00 . PW yams/Standard Consultant Agreement with Exhibits Revised 1 In III Page 27 of 42 . '. I WetbJld R.B80IlrCCS, me. I .~ DelIneation I Mlllgalion I Res1oratlon I HablIal Creation I Pormil_ 9505 19th Avenue S.E. Suite 106 Everett, Washington 98208 (425) 337-3174 Fax (425) 337-3045 February 9, 2012 Jefferson County Dept, of Public Works Attn: Mr, John Wayand 1322 Washington St, P,O, Box 2070 Port Townsend, WA 98368 Dear Mr, Wayand, Please consider this letter to be a statement of rates for Wetland Resources, Inc, It covers environmental consulting work for the repainting of the Queets Bridge in Jefferson County, Washington (Clearwater Road M.P 0.60 to M.P. 0.76). Wetland Resources, Inc. is a five- 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. Work will primarily be completed by me, as provided In the estimate, but below is a listing of employees that could be authorized to work on this project: . John Laufenberg, Principal Ecologist - $135.00 per hour . Scott Brainard, Principal Ecologist - $135.00 per hour . Louis Emenhlser, Senior Ecologist - $115.00 per hour . Andrea Bachman, Senior Ecologist - $115.00 per hour . Zachary Wrzeszcz, Technician - $65.00 per hour Wetland Resources, Inc. 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 John Laufenberg at 425.337.3174 if you have any questions. Sincerely, 1-7 John Laufenberg PrIncIpal EcologIst, PresIdent ProfessIonal Wetland ScIentIst John@wetJandresources.com , . < Exhibit G-l Snbcousultant Fee Determination - Summary Sbeet (Mandatory when Snbcousultants are utiIlzed) Project: Oueets Bridge Paintin(!. CRI881 Snb Cousultant: Greeuman - Pedersen. IDe. DIRECT SALARY COST (DSC): Classification Man Honrs Rate Paint ExoertlVice President 88.00 x 58.50 Proiect Ml!r .!Paint Exoert 258.00 x 40.00 NACE Insoector 0.0 x 32.50 Clerical 20.0 x 24.50 x x x x TOTAL DSC OVERHEAD (OH cost - including Salary Additives): OH Rate x DSC of 128.31 % x $15.958.00 = FIXED FEE (FF); FF Rate x DSC of 35% x $ 15.958.00 = REIMBURSABLES: Itemized SUBCONSULTANT TOTAL GRAND TOTAL PREPARED BY: Alec Angus - GPI Proiect Ml!r. PW]onns/Standard Consultant Agreement with Exhibits Revised Ilntll = Cost $5,148.00 $10,320.00 $0,000.00 $490.00 $0,000.00 $0,000.00 $0,000.00 $0,000.00 = $15.958.00 $20.475.71 $5.585.30 = $ 4.314.00 = $ 0.000.00 = $ 0.000.00 = $ 0.000.00 = $ 0.000.00 = $46.333.01 DATE: Febnuuv 17.2012 Page 28 of 42 . , . ; Exhibit G-2 Subeonsultant Fee Determinatiou - Summll1'Y Sheet (provisiouul Hourly Rate - applies to Subeonsultant Greenman - Pedersen, Ine. ouly) Fee Schedule Subconsu1tant Greenman - Pedersen, Ine. Hour]y Overhead Profit Rate Discinline or Job Title Rate 128.31% tIil35.00 % Per Hour Paint Expert I Vice President 58.50 75.06 20.48 154.04 Project Manager I Paint Expert I 40.00 51.32 14.00 105.32 Asst. VP NACE Inspector 32.50 41.70 ]1.38 85.58 . Clerical 24.50 31.44 8.58 64.52 PW]orms/Standard Consultant Agreement with Exhibits Revised I Inlll Page 29 of 42 ! . . Exhibit G-3 Breakdown of Subeonsultants Overhead Cost Greenman - Pedersen, InCH Account Title $ BegInning Total % of Direct Labor Direct Labor 34,198,319 100.00% Overhead Expenses: FICA 3,657,498 10.69% Unemployment 544,710 1.59% Health! Accident Insurance 5,377,286 15.72% Medical Aid & Industrial Insurance 0 0.00% HolidayNacationlSick Leave 6,132,700 17.93% Commission/BonuslPension 10,090,286 29.51% Total Fringe Benefits 25,802,480 75.45% General Overhead: State B&O Taxes 73,119 0.21% Insurance 1,583,016 4.63% Administration & Time not Assignable 10,245,109 29.96% Printing, Stationery & Supplies 430,746 1.26% Professional Services 731,323 2.14% Travel not Assignable 734,709 2.15% Telephone & Telegraph not Assignable 193,446 0.57% Fees, Dues & Professional Meetings 293,510 0.86% Utilities & Maintenance 327,531 0.96% Professional Development 167,325 0.49% Rent 1,317,893 3.85% EquipmentSupport (incl Depr & FCCM) 1,676,240 4.90% Office, Miscellaneous & Postage 303,122 0.89% Total General Expenses 18,077,089 52.86% Total Overhead (General + Fringe) 43,879,569 128.31 % Overhead Rate (Total Overhead I Direct Labor) 128.31 % PW]anns/Standard Consultant Agreement with Exhibits Revised 1 In /11 Page 30 of 42 . ! . . Exhibit H Title VI Assurances During the perfonnance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: I. Compliance with Regnlations: The CONSULTANT shall comply with the Regnlations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work perfonned during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be perfonned under a sub-contract, including procurement of materials or leases of equipment, esch potential sub-consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Infonnation and Reports: The CONSULTANT shall provide all infonnation and reports required by the REGULATIONS or directives issued pursuant thereto, and shall pennit access to its books, records, accounts, other sources of infonnation, and its facilities as may be detennined by AGENCY, STATE or the Federal Highway Administration (FHW A) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any infonnation required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this infonnation, the CONSULTANT shall so certify to the AGENCY, STATE or the FHW A as appropriate, and shall set forth what efforts it bas made to obtain the infonnation. 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHW A may determine to be appropriate, including, but nut limited to: . Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; . Cancellation, tennination, or suspension of the AGREEMENT, in whole or in part 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHW A may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the PW]ormslStandard Consultant Agreement with Exhibits Revised l!n!1! Page 31 of42 . .- . . AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. PW]onns/Standard Consultant Agreement with ExhibIts Revised I In/l I Page 32 of42 i .- . . Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fanlt of the Consnltant (Refer to Agreement, Section IX) Lnmp Sum Contracts A fmal payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Pins Fixed Fee Contracts A fmal payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actoal costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actoal hours charged at the time of termination of this AGREEMENT plus auy direct non salary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. PW]oms/Standard Coosultant Agreement with Exhibits Revised Ilnfll Page 33 of 42 . . , . . Exhibit J Alleged Consultant Design Error Procednres The purpose of this exhibit is to establish a procedure to detennine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a unifonn method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step I - Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the fIrst step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be infonned and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error( s) After discussion of the alleged design error(s) and the magnitode of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is nonnally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 - Contact the Consultant Regarding the Alleged Design Error(s) If it is detennined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error( s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 - Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: . It is detennined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. . It is detennined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region LocaI Programs Engineer, a summary of the settlement for review and to make adjustments, ifany, as to how the settlement affects federal reimbursements. No further action is required. . There is not a mutual agreement regarding the alleged consultant design error(s). PW]onns/Standard Consultant Agreement with Exhibits Revised 11/7/11 Page 34 of 42 ~ ~ ~ .. -, The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 - Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHW A. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to fmd a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identitY how the alleged error(s) affects eligibility of project costs for federal reimbursement. . If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHW A, will identitY the amount of federal participation in the agreed upon resolution of the issue. . If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. PW]otmslStandard ConsuJtant Agreement with Exhibits Revised Iln/11 Page 35 of 42 . . " . . Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of$I,OOO or less, it would not be cost effective to proceed through the outlined steps. It is suggested !hat the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 - Consultant Files a Claim with the Agency Project Manager If the consultant detennines that they were requested to perfonn additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: . Summation of hours by classification for each fino that is included in the claim; . Any correspondence that directed the consultant to perfonn the additional work; . Timeframe of the additional work that was outside of the project scope; . Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and . Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 - Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step I, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will meet with the Director of Public Works or Agency Engineer to detennine if the Agency agrees with the claim. If the FHW A is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Loca1 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 fur the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Infonn the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. PW]orms/Standard COnsultant Agreement with ExWbits Revised I In!l I Page 36 of 42 i I J . ~ . .; . . If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 - Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: . Copy of information supplied by the consultant regarding the claim; . Agency's summation of hours by classification for each firm that should be included in the claim; . Any correspondence that directed the consultant to perform the additional work; . Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; . Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim( s); . Explanation to describe what has been instituted to preclude future consultant claim(s); and . Recommendations to resolve the claim. Step 4 - Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and LocaI Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 - Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the finaI dollar amount of the accepted Claim(s) and rationale utilized for the decision. Step 6 - Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. PW]ormslStandard Consultant Agreement with Exhibits Revised I IntI I Page 37 of 42 ~. " .. " . Exhibit M-l(a) Certification Of Consultant Project No. CRI881 Local Agency I hereby certify that I am GEAJ~.eAL #f/lA'JAG~ and duly authorized representative of the finn of Intelpity Structural Enl!:ineerimz. PLLC whose address is 4124 Interlake Ave. N.. Seattle. WA. 98103 and that neither I nor the above finn I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any finn or person (other than a bona fide employee working solely for me orthe above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any fmn or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any finn, organizatioo or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department ofTransportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. .7/:r/I2- Date ~~ ~f. :pL - Signature PW]onnslStandard Consultant Agreement with Exhibits Revised I InlI I Page 38 of 42 ~. . ~ . . Exhibit M-l(b) Certification Of Agen~ Official I hereby certifY that I am the AGENCY Official of the Local Agency of Jefferson County Public Works. Jefferson County. Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with ohtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any frrm or person; or (b) Pay, or agree to pay, to any frrm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. ~~'~?:-- Slgn~re~ ~ Date cl. %7. IZ- PW 10rmslSiandard Consuliant Agreement with Exhibits Revised Iln/11 Page 39 of 42 ,T ~ t ! . " Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal deparbnent 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 statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph I( B) of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certifY to any of the statements in this . certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): IntegrityStructural Engineering, PLLC Name KEAJIUJ;.TII /If. W)L50P/ PiE .5L .---J!l;f. print) ~~ #/. ~-- Signature: President or Authorized Official of Consultant G' IWJf~4'- ,#fAM6ee 3/9--/)2- Date PW]onnslStandard Consultant Agreement with Exhibits Revised I Inlll Page 40 of 42 i ~ ;, I Exhibit M-3 Certification Regarding The Restrietions of The use of Federal Fnnds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: I. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Fedeml agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contmct, the making of any Federal grant, the making of any Federal loan, the entering into of any coopemtive agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contmct, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such sub-recipients shall certifY and disclose accordingly. Consultant (Firm): Integrity Structural Engineering;. PLLC Name KBJ)./t::.JJI JIf. )fJJLSCJA} ~E SC:-, (please print) ~ ~JZ 4;( -;:l?~ - Sign~ture: President or Authorized Official of Consultant r;;-~F.efL //av/!6FL 3/:r/IL Date PW]ormslStandard Consultant Agreement with Exhibits Revised Iln/11 . Page 41 of42 is '" .. ~ Exhibit M-4 Certifieate of Current Cost or Pricing Datu This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of * are accurate, complete, and current as of .2 - ;? '7 - 12- **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offer or and the Government that are part of the proposal. Firm Intemf;y Structural En,pneering. PLLC K?'A/A/IfTJ! (please print) Title cO I5U Lf,/!!?/IC- Siguature ~ ~ ~ 3/?-/;z- /If. k//L50AY' ,#1/{A/,,46' ~ Name Date ofExecution*** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. PW]onns/Standard Consultant Agreement with Exhibits Revised I Inn I Page 42 of 42