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HomeMy WebLinkAbout031113_ca07Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request Reviewed By: To; Board of Commissioners Philip Morley, County Administrator From: Frank Gifford, Public Works Director ~~ Agenda Date: March 11, 2013 Subject: Contract: Port Hadlock Wastewater Facility Collection System Local Improvement District Support Services Statement of Issue: The Department of Public Works requests Board approval of the attached Collection System Local Improvement District (LID) Support Services contract with Tetra Tech, Inc. for the Port Hadlock Wastewater System. Analysis/Strategic Goals/Pro's tt Con's: The contracted work will provide outreach, finance planning, and cost estimating services for the process of forming an LID to finance the Port Hadlock Wastewater Facility Collection System. Fiscal Impact/Cost Benefit Analysis: The LID provides long-term financing for the costs of planning, designing and installing the collection system. The contracted work is necessary to establish the LID. The new contract amount is $451,117 which includes approximately $79,000 of remaining scope and budget incorporated from the existing Tetra Tech "pre-design" contract. As such, the net fiscal impact of this new contract is approximately $372,000. The existing Tetra Tech "pre-design" contract will terminate upon execution of this new contract. Recommendation: The Department of Public Works recommends that the Board execute the contract for Port Hadlock Wastewater Facility Final Design Services, Reclamation Plant and Influent Pipeline and return two originals to the Department for further processing. Department Contact: Joel Peterson, 385.9173 / , ~ ~' ~ ~ /.S `P Morl y, untyAdmin' rator Date Local Agency Standard Consultant Agreement ®Architectural/Engineering Agreement ^ Personal Services Agreement Agreement Number Federal Aid Number Agreement Type (Choose one) ^ Lump Sum Lump Sum Amount $ ^ Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method ^ Actual Cost ^ Actual Cost Not to Exceed ^ Fixed Rate Fixed Fee $ ® Specific Rates Of Pay ® Negotiated Hourly Rate ^ Provisional Hourly Rate ^ Cost Per Unit Maximum Amount Payable. $ Index of Exhibits (Check all that apply): ® Exhibit A-1 Sco a of Work ® Exhibit G-2 Fee-Sub S ecific Rates ^ Exhibit A-2 Task Order Agreement ^ Exhibit G-3 Sub Overhead Cost ^ Exhibit B-1 DBE Utilization Certification ® Exhibit H Title VI Assurances ® Exhibit C Electronic Exchange of Data Exhibit I Payment U on Termination of Agreement ^ Exhibit D-1 Payment - Lum Sum ® Exhibit J Alle ed Consultant Design Error Procedures ^ Exhibit D-2 Payment =Cost Plus ® Exhibit K Consultant Claim Procedures ® Exhibit D-3 Pa ent -Hourly Rate ^ Exhibit L Liability Insurance Increase ^ Exhibit D-4 Payment -Provisional ® Exhibit M-la Consultant Certification ^ Exhibit E-1 Fee - Lum /Fixed/LJnit ® Exhibit M-lb Agenc Official Certification ® Exhibit E-2 Fee - S ecific .Rates Exhibit M-2 Certification -Prima ® Exhibit F Overhead Cost ® Exhibit M-3 Lobb ing Certification ® Exhibit G Subcontracted Work ^ Exhibit M-4 Pricing Data Certification ® Exhibit G-1 Subconsultant Fee ^ A .31.910 Su lemental Signature Page THIS 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 Form 140-089 EF Revised 3/2008 ConsultantlAddress/Telephone Tetra Tech, Inc. 1420 Fifth Avenue, Suite 500 Seattle, WA 98101 Project Title And Work Description COLLECTION SYSTE~VI LOCAL IMPROVEMENT DISTRICT SUPPORT SERVICES -- PORT HADLOCK WASTEWATER FACILITY DBE Participation ^ Yes ®No Federal ID Number or Social Security Number % Do you require a 1099 for IRS . Completion Date ^ Yes ®No 12/31 /2014 Total Amount Authorized $ 451,117.00 Management Reserve Fund $ PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1/12012 Page 1 of 45 WTTNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II 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. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT ,and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of'this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-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. If D/1v1IWBE 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 Plan". 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 PW Forms/Standard Consultant Ageement with Exhibits Revised 11/1//2012 Page 2 of 45 Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting, through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or .because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and. incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor and/or at the request of the AGENCY' S PROJECT Manager.. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has -been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub-contractor, any contract or any other- relationship. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has PW_Rorms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 3 of 45 not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and alI 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 STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 {42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RC W 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 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 (10) days written notice to the CONSULTANT. PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 4 of 45 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 of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection 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. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this. AGREEMENT as necessary to correct errors appearing therein, when required to do so by-the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 5 of 45 XI Disputes Any dispute concerning questions of fact 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". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all .questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and 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 against and hold harmless the AGENCY from claims, demands or suits based solely upon the conduct of the AGENCY, their agents, officers and employees; and provided 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 of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT' S negligence or the negligence of the CONSULTANT S agents or employees. The CONSULTANT' S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT' S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,. or as otherwise required, the following insurance with companies or through sources approved by the State Insurance PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 6 of 45 Commissioner pursuant to Title 4$ RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability (Errors and Omissions) policy in an amount of not less than one million dollars ($1,000,000.00) combined single limit if any employee, agent or representative of the CONSULTANT undertaking work in furtherance of or pursuant to this Agreement holds or is required to hold a professional license issued by the State of Washington or any other state. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT' S insurance required by this Section shall be in all circumstances primary to any insurance available to the AGENCY. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT' S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT' S professional liability to third parties be limited in any way. The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse. the CONSULTANT from proceeding with. the AGREEMENT as changed. PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 7 of 45 E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Certification of the Consultant and the Agency Attached hereto as Exhibit "M- 1 (a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and 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. XVII 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. XVIII Execution and Acceptance This AGREEMENT maybe simultaneously executed 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 the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 8 of 45 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. ~r Date COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member A roved as to fo only: ~- ~ ~ ~~ David Alvarez Date Deputy Prosecutin Attorney ~~ ~- ~ / Frank Gifford Date Public Works Director PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 9 of 45 Consultant (Please print) Exhibit A-1 Scope of Work Project No. 4055351693 JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS PORT HADLOCK PHASE 1 COLLECTION SYSTEM LOCAL IMPROVEMENT DISTRICT (LID) FORMATION SUPPORT SERVICES GENERAL The following scope of services is for Local Improvement District (LID) formation support services. LID formation support services will be authorized first to provide technical services, public outreach, and funding and finance support during LID formation. The collection system final design and attendant outreach and funding & finance work will be scoped and continued under separate contract once the LID has been formed and the boundary has been finalized; the scope and extent of the Phase 1 collection system will then have been determined. This scope of work includes updating the initial phase collection system completed during the 2008 Facility Planning effort, updated cost estimates, funding and finance, and public outreach activities through formation of the LID. The LID technical support services will include the following elements: • Development of a service area collection system model to confirm collection pipeline sizes, pump station capacities, and force main sizes. • Planning and preparation work for a series of Community Connections Sewer Task Force (CCSTF) meetings. These meetings and the work of this group will be an interface to provide information to, and receive feedback from, the community regarding the sewer project. • Development of updated drawings and detailed cost estimate for CCSTF meetings and informational materials. The initial proposed collection system boundary will include the Core Area, Old Alcohol Piant Area, and the Rhody Drive Area as identified in the 2008 Facility Plan. • Answering. collection system technical questions and .cost questions at CCSTF meetings. • Revisions and update of collection system drawings and detailed cost estimate for Resolution of Intent to Form an LID hearing (fa112013); based upon LID boundary revisions informed by public feedback. • Assistance in preparing preliminary assessment notices, including property ownership list, preliminary assessment amounts and complementary project information. • Revision and update of drawings and detailed cost estimate for Formation hearing, in Spring 2014. • Funding and finance support services .for LID Intent to Form and Formation hearings. This includes attendance at meetings and providing coordination with the special benefits appraiser and LID attorney who will be preparing the preliminary assessments. • Funding and finance support to continue to seek grants and construction funding through the end of 2014. • Public outreach and strategy support for LID Intent to Form and Formation hearings. SCOPE OF WORK: LID FORMATION SUPPORT SERVICES In the following task descriptions, where reference is made to a specific number of pages in a work product, the intent is to better define the level of effort that is the basis of the budget for the project, and not a guarantee of a specific number of pages in the fmal product. PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Fage 10 of 45 Where "County staff' is referenced, it is assumed that the County will invite designated parties to meetings as it deems necessary. The County will be responsible for public notification before public meetings. The work products from this project will be submitted in hard copy and electronic format. Report files will be produced in Microsoft Word, Power Point, and Excel. CAD files will be produced in AutoCAD using Tt drafting standards. Task 100 -Project Management This task includes work to plan and manage the project. Subtasks are described below: 100.1 Health and Safety Plan Tt will develop a health and safety plan within 10 days after Notice to Proceed. The purpose of a Health & Safety Plan (HASP) is to provide project-specific health and safety requirements for the planned scope of work. It will contain guidelines and directives and may include minimum standards, safety criteria, and emergency response information/procedures for Tetra Tech staff. Work Product: • Health and Safety Plan 100.2 Progress Meetings Progress meetings will be held periodically with the County to coordinate work activities and keep the County informed of progress to date. It is assumed there will be up to 6 meetings over a 12 month period attended by the project manager and project engineer; two attended by the principal-in-charge and several attended by other project staff as needed. Meetings may also be held via conference call. Tt will prepare agendas and meeting minutes for distribution to the project team. Work Products: • Agendas. • Meeting minutes. 100.3 Progress Reports and Billings Tt will include brief monthly progress reports along with monthly invoices. Progress reports will contain information on major activities, anticipated actions, and outstanding issues to be resolved. Work Products: • Monthly progress reports and invoices. 100.4 Project Schedule A project schedule will be developed and tracked for the Part 1 LID formation support services. The schedule will be updated monthly. The schedule will be prepared in MS Project. There will be up to 12 schedule updates over a 12 month period. Work Products: MS Project Schedule for LID Formation Support Services tasks Up to twelve (12) monthly updates. Task 200 LID Formation Support Services This task provides technical support services to assist in the formation of the LID for the initial (Phase 1) sewer collection system. Work of this task is described in the subtasks below: 200.1 Collection System Model Develop a service area collection system model to confirm pipe diameters, pump station capacities, and force main diameters. The collection system model will be created in PCSWMM. The model will be created under two planning conditions: for existing population and flows and for the 20-year population and flows. The model will be developed for the collection system within the entire service area in order to confirm pipe sizes and capacities for planned 20-year population growth within the Urban Growth Area (UGA). The existing and future population and flows will be the same as developed and used in the Pt. Hadlock UGA Sewer Facility Plan, September 2008. PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 11 of 45 Work Products • Collection system model created in PCSWMM. • Updated collection system map of the sewer service area. • Collection system model data files. • A summary report of model output including pipeline diameters, manhole inverts, pipe slopes, pipe lengths, pipe flow/capacity data, pump station wet well and pump size data, and force main diameters with lengths. • Summary of existing and future population and flows corresponding to the population data in the 2008 Facility Plan. 200.2 Survey and Mapping Support Provide survey and GIS mapping support services for updating the collection system, outreach planning, and LID formation. This work task will include comparison of elevation points on the County's LiDAR maps with field data and geodetic data. GIS mapping services will be provided to update parcel maps with information regarding property owners' level of support for the project. Legal descriptions will be developed to describe the project boundary for an Advisory Petition and for the LID formation ordinance. Assume one day in the field for survey data collection and two LID boundary legal descriptions. There will be three updates to the GIS map with property owner information. Work Products • Survey data and comparison table of surveyed datapoints and LiDAR data. • GIS map updates with property owner information. • Legal description for Advisory Petition • Legal description for LID formation ordinance. 200.3 Initial Cost Estimate Update -Core Area, Alcohol Area, and Rhody Drive Area Develop updated collection system plan drawings and cost estimate using output from the Collection System Model developed in Subtask 200.1. The updated map of the Phase 1 collection System area will be prepared on 2-foot LIDAR contour maps from Jefferson County's GIS database and supplemental data developed in Subtask 200.2. The scope and extent of the initial collection system is shown in Figure 1 and is the Commercial Core Area, Old Alcohol Plant Area, and Rhody Drive Area as described in the 2008 Facility Plan. The level of detail of the updated map will be to a 10% level of design. The drawings will include pipeline routes, manhole locations and invert elevations to a higher degree of accuracy than the 5-foot contour maps used for the facility plan. One meeting will be held with WSDOT staff to determine pipeline location, restoration, and construction requirements for sewer pipelines within WSDOT right-of--way. Pump stations will be sized and proposed locations identified. Template pump station layouts and site plans will be developed to define the pump station layouts to a 10% design level for scoping and cost estimating purposes. Pump stations will be submersible pump stations with cabinet electrical and control panels; no pump station control buildings are assumed. There are up to five (5) pump stations identified in the initial service area. The purpose of these drawings and estimate will be to provide an update the costs of the initial phase collection system to a higher level of accuracy than the planning level cost provided in the 2008 Facility Plan. The cost estimates provided in the facility plan represent a AACE Level 4 cost estimate with a contingency of 30% and a level of accuracy of approximately -25 to 30%. The cost estimate that will be prepared from the 10% level design will represent a AACE Level 3 cost estimate with a contingency of 15% and a level of accuracy of -15 to +20%. The cost estimate prepared from this task will be used for the LID outreach activities and will provide an initial level of magnitude estimate for informational materials and initial meetings with the CCSTF. Work Products Draft and final layout map detailed to 10% level of design showing maintenance hole locations, invert elevations, and pipeline diameters and pump station locations shown on a 2 foot contour map. Draft Initial Cost Estimate Update. Coordination meeting with WSD~T staff. 200.3 Revised Collection System Cost Estimate -Resolution of Intent to Form an LID Update the Initial Cost Estimate prepared in Subtask 200.2 to reflect the revised Phase 1 Collection System LID boundary informed by outreach efforts through the CCSTF. The revised collection system cost estimate will be used for the Resolution of Intent to Form an LID. An updated collection system plan will be prepared from the map of the Phase 1 Collection System area prepared in Subtask 200.2. PW Forms/Standard Consultant Agreement with Exhibits Revised l 1/1//2012 Page 12 of 45 Work Products • Revised map of the Phase 1 Initial Collection System reflecting changes from the CCSTF. • Revised cost estimate reflecting changes from the CCSTF. 200.4 Revised Collection System Cost Estimate -Formation Hearing Make final revisions to the cost estimate prepared in Subtask 200.3 to reflect any required fmal revisions to the cost estimate and preliminary assessment required for the LID Formation Hearing. Make any required final updates to the collection system plan will be prepared from the map of the Phase 1 Collection System area prepared in Subtask 200.3. Work Products • Revised map of the Phase I Initial Collection System reflecting changes from the CCSTF. • Revised cost estimate reflecting changes from the CCSTF. 200.6 Preliminary Assessment Preparation Assistance Assist Public Works staff in determining and preparing the preliminary assessments and notices that are required for LID formation. This task may involve preliminary analysis necessary to determine the assessment methodology and working together with other LID team members, such as attorney and special benefits appraiser. Work Products • Input to preliminary assessment notices Task 300 Funding and Finance Support Services 300.1 Funding Application Preparation Assistance Assist Jefferson County in continuing to seek grants and low-interest loans for the project to reduce the cost to residents and businesses. This process requires preparation and submittal of applications on an annual or periodic basis. And working with Funding Agency staff to keep the funding process on track. This task assumes assistance for up to 4 applications, including but not limited to Public Works Trust Fund, USDA-Rural Development, Department of Ecology and Community Development Block Grant. This task may extend through the end of 2014 to ensure the County is prepared to meet application submittal deadlines. Work Products • Review and prepare input to up to 4 preliminary and draft applications. • ' Hold or participate in telephone meetings. 300.2 Tech Team Meetings Assist in scheduling, preparing for and participating in Funding Tech Team meetings asfollow-up to the Infrastructure Assistance Coordinating Council (IACC} conferences. A Funding Tech Team of funding agency staff has been established to follow and advise this project. The next planned-Tech Team meeting is in Spring 2013 in Port Hadlock. This task. assumes up to 5 Tech Team meetings Work Products Preparation of materials and presentation at up to S Tech Team meetings. Preparation of draft meeting summary. 300.3 Support Funding/Finance Coordinated Efforts Coordinate with team members on funding strategy and implementation in an on-going fashion. This includes efforts to discuss and present financial information in support of federal and state appropriations requests. An allowance is included for responding to funding needs as requested by Public Works. An additional allowance is included for presenting at up to 3 public meetings (in past has been PIF, Chamber, BOCC) not specifically planned at this time. Work Products • Preparation of materials as within allotted hours to coordinate efforts, respond to requests by Public Works and presentation at up to three (3) meetings as requested by Public Works. 300,4 Funding and Finance LID Formation Support Update funding and fmance informational materials each time the initial collection system cost estimates are updated to reflect the current estimated costs. This task assumes an update for the initial collection system updated cost estimate, for the Resolution of Intent to Form an LID, for preliminary assessment notices and for the formation hearing. PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 13 of 45 Participate in LID strategy team discussions to support the LID formation process. Assist the LID Administrator as requested from a funding and finance perspective. Coordinate with team and County on determining and implementing LID strategy. Work Products • Draft updated funding and finance materials at 4 cost estimating intervals. • Strategy and assistance as requested. • Telephone conferences to discuss and determine LID strategy 300.5 Financial Plan Refinement Continue to refine presentation of project costs to meet the needs of funding sources and to update as new cost information is available. Support County in developing policies and ordinances. Reflect policies in allocation between connection charge and LID. Evaluate alternatives for billing/collection and operations/maintenance to support Public Works and present as necessary for funding agencies. Support PW in establishing an interlocal agreement for billing and collection. Prepare a sewer rate study describing the sewer customer classes and how the monthly rates will be applied. Work Products • Preparation of materials as necessary. • Revision of finance plan for three (3) treatment plant cost estimates. • Prepare input and participate in telephone conferences to support the County in developing policies and interlocal agreements. • Preparation of sewer rate study. TASK 400 -Public Outreach Support Services 400.1 Public Workshops Development and coordination of two (2) public workshops, development of strategy for workshops, preparation of presentation or review of presentation materials, workshop facilitation, and preparation of workshop summary. Work Products • Review/preparation of workshop materials/presentations for .two (2) public workshops. • One draft and one final meeting summary for each of two (2) public workshops. 400.2 . LID CCSTF Meeting Support and General Meeting Efforts Before, during, and after the LID formation process, meet with the CCSTF to obtain their input and communicate information from the County, as well as solicit member willingness to talk with neighbors, businesses, and others to assess the level of support in the Phase 1 LID Boundary. There will be nine (9) total CCSTF meetings from February 2013 through February 2014. This effort includes developing meeting strategies, materials for presentation, organizing the meetings, facilitating the meetings, and preparing meeting summaries and any follow-up documents. Work Products • Presentation Materials for nine (9) CCSTF meetings. • One draft and one final meeting summary for each of nine (9) CCSTF meetings. 400,3 Communications Between CCSTF meetings, it will be necessary for the project team to remain available to any CCSTF member or resident/business owner as questions come up. This effort includes answering emails and phone calls as well as moderating the website to respond to any comments. Additionally this Task includes Project Team communications, consultant team communications, and up to 16 meetings ('/z conference call meetings and 1/2 live meetings) with County staff, JBOCC, or others in support of this project. Work Products: • Agendas and brief summaries from up to sixteen (16) internal team meetings, one draft and one final. • Public involvement next steps documents. PW_Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 14 of 45 400.4 L1D Intent to Form .Support and Public Hearing on LlD Formation For the Intent to Form an LID, develop a strategy for the meeting, prepare presentation or review of presentation materials, and attendance at the meeting. For the Public Hearing on LID Formation, develop strategy for the meeting, prepare presentation materials, attend and facilitate the meeting, and prepare a meeting summary. Work Products: • Review/preparation of meeting materials/presentation. • One draft and one final meeting summary. 400.5 Public Outreach Materials Prepare newsletters, FAQ documents, brochures, ongoing website updates, and other materials as necessary to support public meetings, CCSTF efforts, and for generally informing the public of the status of the LID formation process. Work Products: • Up to ten (10) documents or update documents. • Up to six (6) website updates. 400.6 Community Survey and/or Advisory Petition Conduct a survey of the Phase 1 community to assess level of support for approving the LID. An online tool such as Survey Monkey will allow for online survey responses as well as mail-in. Additionally, develop an Advisory Petition template and provide support during the months that it will be circulated. Work Products: • One (1) draft and final survey. • Summary and findings from survey. • Dne (1) draft and final Advisory Petition template. PTV Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 15 of 45 Exhibit C Electronic Exchange of Engineering and Uther Data The work products-from this project will be submitted in hard copy and electronic format. Report files will be produced in Microsoft Word, Power Point, and Excel. CAD files will be produced in AutoCAD Version 2011 or earlier. PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 16 of 45 Exhibit D-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "E" and "F" 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 rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non-Salary Costs: Direct Non-Salary-Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and sub-consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless, otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY' S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48CFR Part 31.205-46 "Travel Costs." b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be 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 CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this. AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This 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 XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. PW_Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 17 of 45 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for ail costs authorized in 1 and 2 above. The monthly billings shall be supported by detailed statements for hours expended at the ,rates established in Exhibit "E", including names and classifications of all employees, and billings for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT' S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6 Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall 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 will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final ,audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (3 0) 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 fmding 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 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_Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 18 of 45 Exhibit E-2 Consultant Fee Determination -Summary Sheet (Specific Rates of Pay) Fee Schedule Hourly Overhead Profit Rate Discipline or Job Title Rate (a~ % (c~ % Per Hour Principle Engineer $78 - $82 187.90% 11.1% $249 - 262 Project Manager $56 - $60 187.90% 11.1 % $179 - $192 Senior Engineer $60 - $67 187.90% 11.1% $192 - $214 Engineer $30 - $55 187.90% 11.1% $96 - $176 Survey Manager $54 - $57 178.98% 11.1% $172 - $182 Principle Surveyor $40 - $45 178.98% 11.1 % $128 - $144 Survey Crew $28 - $33 178.98% 11.1% $90 - $106 Administrative Assist. $28 - $3 5 178.98% 11.1 % $90 - $112 CAD $35 - $40 178.98% 11.1% $112 - $128 Subconsultant Costs Invoiced Cost 10% 10% markup Expenses Cost 10% 10%markup Technology Usage $2.70/hr PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 19 of 45 ._. f~ ~ © ~ Rr:: ~ ~ ''~~ 1 r' ~' • ' 4~ N. T a b ~ .Q G. ^ V b~ A O^1 r. 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PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 27 of 45 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Public Outreach and Participation -Triangle and Associates Funding and Finance -Katy Isaksen and Associates Cost Estimating - PM Services LID Strategist -.Gary Bourne PW_Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 28 of 45 Exhibit ~-1 Subconsultant Fee Determination -Summary Sheet {Mandatory when Subcoasultants are utilized) Project: Collection System Local Improvement District Support Services SubConsultant: Triangle and Associates DIRECT SALARY COST (DSC): Classification Man Hours Rate = Senior Facilitator 343 $ 63.84 Staff Financial 18 $ 43.39 Staff/Administrative 549 $ 18.95 TOTAL DSC = OVERI~AD {OH cost -including Salary Additives): OH Rate x DSC of 175 % x $33,083.31 = PROFIT: Profit Rate x (DSC+OH) of 10% x $ 90,979.10 REIlVIBURSABLES: Itemized Travel = $ 2000.00 Materials = $ 1000.00 5UBCONSULTANT TOTAL Cost $ 21,897.57 $ 781.05 $ 10,404.68 $33,083.31 $ 57,895.79 9 098.00 3 000.00 _ $103,077.01 PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 29 of 45 Exhibit G-1 SubconsuItant Fee Determination -Summary Sheet (Mandatory when Subconsultants are utilized) Project: Collection System Local Improvement District Support Services SubConsultant: Katy Isaksen and Associates DIRECT SALARY COST (DSC): Classification Man Hours Rate = Senior Financial Analyst 771 x 125 OVERHEAD (OH cost -including Salary Additives): OH Rate x DSC of N/A % x PROFIT: Profit Rate x (DSC+OH) of N/A % x REIMBURSABLES: SUBCONSULTANT TOTAL TOTAL DSC Cost $ 96,375.00 = $ 96,375.00 $ - ~ 400.00 _ $ 96,775.00 PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 30 of 45 Exhibit G-1 Subconsultant Fee Determination -Summary Sheet (Mandatory when Subconsultants are utilized) Project: Collection System Local Improvement District Support Services Subconsultant: Planning & Management Services DIRECT SALARY COST (DSc): Classification Man Hours Rate = Senior Cost Estimator 10 x $43.15 = Lead Cost Estimator 136 x $56.71 = TOTAL DSC OVERHEAD (OH cost -including Salary Additives): OH Rate x DSC of 102.8 % x $8,143.49 FIXED FEE (FF): FF Rate x (DSC+OH) of 20 % x $16,515.00 REIlVIBURSABLES: SUBCONSULTANT TOTAL Cost $ 431.46 $ 7,712.03 _ $ 8,143.49 _ $ 8,371.51 _ $ 3,303.00 _ $ 0.00 _ $ 19,818.00 PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 31 of 45 Exhibit G-1 Subconsultant Fee Determination -Summary Sheet (Mandatory when Subconsultants are utilized) Project: Collection System Local Improvement District Support Services SubCoasultant: Gary Bourne, Bourne Consulting Co• DIRECT SALARY COST (DSC): Classification Man Hours Rate = Principal Engineer/LID Specialist 168 x $15.0 = TOTAL DSC OVERHEAD (OH cost -including Salary Additives): OH Rate x DSC of N/A PROFIT: . Profit Rate x (DSC+OH) of N/A REIlVIBURSABLES: Travel SUBCONSULTANT TOTAL Cost $ 25,200.00 $ 25,200.00 _ $ 1,600.00 _ $ 26,800.00 PW_Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 32 of 45 Exhibit G-2 Subcoasultant Fee Determination -Summary Sheet (Specific-Rates of Pay) Fee Schedule Subconsultant: Triangle Associates Disci line or Job Title Hourly Rate Overhead % Profit % Rate Per Hour Senior Facilitator $58 - $66 175% 10% $175 - $199 Staff Financial $40 - $44 1.75% 10% $121- $133 Staff/Administrative $20 - $25 175% 10% $60 - $76 PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 33 of 45 Exhibit G-2 Subconsultant Fee Determination -Summary Sheet (Specific Rates of Pay) Fee Schedule Subconsultant: Katy Isaksen & Associates Hourly Overhead Profit Rate Disci line or Job Title Rate % % Per Hour Senior Financial Analyst $125 N/A N/A $125 PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 34 of 45 Exhibit G-2 Subconsultant Fee Determination -Summary Sheet (Specific Rates of Pay) Fee Schedule Subconsultant: Planning & Management Services Discipline or Job Title Hourly Rate Overhead % Profit % Rate Per Hour Principal Estimator $57 - $61 102.8% 20% $138 - $148 Lead Estimator $54 - $58 102.8% 20% $131- $141 Senior Estimator $41- $45 102.8% 20% $99 - $110 PW Forms/Standard Consultant .Agreement with Exhibits Revised 11/1//2012 Page 35 of 45 Exhibit G-2 Subconsuitant Fee Determination -Summary Sheet (Specific Rates of Pay) Fee Schedule ~ Subconsultant: Gary Bourne Hourly Overhead Profit Rate Discipline or Job Titie Rate % % Per Hour Principal Engineer/LID Specialist $150 N/A N/A $150 PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 36 of 45 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including.. procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under asub-contract, including procurement of materials or leases of equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT' S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance,: In the event of the CONSULTANT' Snon-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) 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 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 asub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the AGENCY. PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 37 of 45 Exhibit i Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final 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 Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct non salary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 38 of 45 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 -Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 -Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 -Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact'the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 -Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 39 of 45 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 $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 -Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes. the additional work was outside of the agreement scope of work. Step 2 -Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the. process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will meet with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the Agency project manager, Director of Public Works or Agency Engineer agree with the consultant's claim, send a request memo, including. backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim: After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for. the agreement is subject to audit. No further action in needed regarding the claim procedures. 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) PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 40 of 45 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). 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 final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 -Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 41 of 45 Exhibit M-1(a) Certification Of Consdltant Project No. Local Agency I hereby certify that I am and duly authorized representative of the firm of whose address is and that neither I nor the above firm I here represent has: {a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely 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); ~~ ~ Date Signature PW_Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 42 of 45 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of 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 obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): Name Frank Gifford, Public Works Director (please Tint) ~~ Signature Date l PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 43 of 45 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 department or agency; B. Have not within athree-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):- % ~' ~~ J ,~,..~`~j Name ,~. ~ ~ lease pr' t) Si ature: Pr i ent or Authorized Officia f Consultant Dat PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 44 of 45 Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been. paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in 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): Name plc e pr~t) side or uthorized Official of onsultant Date PW Forms/Standard Consultant Agreement with Exhibits Revised 11/1//2012 Page 45 of 45