HomeMy WebLinkAbout040113_ca07Department of Public Works
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Frank Gifford, Public Works Director ~jFj
Agenda Date: April 1, 2013
Subject: Port Hadlock Wastewater Facility- Special Benefit Analysis for LID
Formation -Macaulay 8 Associates LTD.
Statement of Issue: Department of Public Works is seeking to hire a Consultant to develop a Special
Benefit Appraisal and analysis in preparation for the Local Improvement District (LID) formation for the
collection system for the above referenced project.
Analysis/Strategic Goals/Pro's & Con's: Macaulay and Associates, LTD., has been selected through the
consultant selection process to provide the expert analytical and appraisal skills relative to the formation
of the above referenced LID. Special Benefit analysis v/ill form the basis for the preliminary assessment
roll necessary for the formation of the LID and assist in developing the boundary for those parcels
receiving the special benefit of the LID project. Macaulay and Associates, LTD., performed the aggregate
benefit feasibility study in 2012.
Fiscal Impact/Cost Benefit Analysis: The contract amount of $151,742.00 is provided from sewer fund
revenues dedicated to the project.
Department Contact: Will Butterfield, Right of Way Representative, 385-9350.
Recommendation: The Department of Public Works recommends that the Board authorize the
Agreement and return 2 originals to the Department of Public Works for further processing and retain 1
original for the Boards records.
Rev' d By: ~~
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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
Consultant/Address/Telephone
Macaulay and Associates Ltd.
ATTN: Robert Macaulay
2927 Colby Ave, Ste 100
Everett, WA 98201-4010
425-258-2611
bob@macaulayltd.com
Project Title And Work Description
Port Hadlock Wastewater Facility
Special Benefit Appraisal & LID consultation
Project No. 40516932
DBE Participation
^ Yes ®No
Federal ID Number or Social Security Number
91-0849862
Do you require a 1099 for IRS . Completion Date
^ Yes ®No December 31, 2015
TotalAmountAuthorized $ 151,742.00
Management Reserve Fund $
Maximum Amount Payable Scope A-1 $ 151,742.00
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 A eement ^ Exhibit G-3 Sub Overhead Cost
^ Exhibit B-1 DBE Utilization Certification ® Exhibit H Title VI Assurances
® Exhibit C Electronic Exchan a of Data ® Exhibit I Pa ent U on Termination of A eement
^ Exhibit D-1 Pa ment - Lum Sum ^ Exhibit J Alle ed Consultant Desi n Error Procedures
^ Exhibit D-2 Pa ent -Cost Plus ® Exhibit K Consultant Claim Procedures
® Exhibit D-3 Pa ent - Hourl Rate ^ Exhibit L Liabili Insurance Increase
^ Exhibit D-4 Pa ment -Provisional ® Exhibit M-la Consultant Certification
® Exhibit E-1 Fee - ® Exhibit M-lb A enc Official Certification
^ Exhibit E-2 Fee - S ecific Rates ® Exhibit M-2 Certification -Prim
^ Exhibit F Overhead Cost ® Exhibit M-3 Lobb in Certification
^ Exhibit G Subcontracted Work ^ Exhibit M-4 Pricin Data Certification
^ Exhibit G-1 Subconsultant Fee ^ A .31.910 Su lemental Si afore Pa e
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"
PW Forms/Standard Consultant Agreement with Exhibits Revised 02/14/13 Page 1 of 27
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DOT Form 140-089 EF
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore
deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary
services for the PROJECT; and
WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State
Statutes relating to professional registration, if applicable, and has signified a willingness to furnish
Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained
herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein
defined and 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 fvr 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.
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."
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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 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.
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VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than
a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it
has not paid or agreed to pay any company or person, other than a bona fide employee working solely for
the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration,
contingent upon or resulting from the award or making of this contract. For breach or violation of this
warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its
discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount
of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any
work or services required of the CONSULTANT under this AGREEMENT, shall be considered
employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise
under any Workmen's Compensation Act on behalf of said employees or other persons while so
engaged, and any and all claims made by a third party as a consequence of any act or omission on the
part of the CONSULTANT'S employees or other persons while so engaged on any of the work or
services provided to be rendered herein, shall be the sole obligation and responsibility of the
CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the
contract, any professional or technical personnel who are, or have been, at any time during the period of
the contract, in the employ of the 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)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
PW Forms/Standard Consultant Agreement with Exhibits Revised 02/14/13 Page 4 of 27
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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.
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.
PW Forms/Standard Consultant Agreement with Exhibits Revised 02/14/13 Page 5 of 27
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.
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.
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.
PW Forms/Standard Consultant Agreement with Exhibits Revised 02/14/13 Page 6 of 27
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' 5 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 or 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 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 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.
PW Forms/Standard Consultant Agreement with Exhibits Revised 02/14/13 Page 7 of 27
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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.
The Consultant shall include all subcontractors as insureds under its insurance policies or shall furnish
separate certificates and endorsements for each subcontractor. All insurance policies provided by or on
behalf of any subcontractor of the Consultant shall comply with all terms and conditions of this "Legal
Relations" section. All contracts between the Consultant and their subcontractors for work to be
performed in furtherance or implementation of this contract shall contain the insurance provisions found
herein.
Failure of the Consultant to take out ancUor maintain any required insurance shall not relieve The
Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to
conflict with or otherwise limit the obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County,
including its employees and other agents and agencies. It is further agreed by the parties that insurance
companies issuing the policy or policies required by this Agreement shall have no recourse against the
County (including its employees and other agents and agencies) for payment of any premiums or for
assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the
above described insurance policies shall be assumed by and be at the sole risk of the Consultant.
All insurance shall be obtained from an insurance company authorized to do business in the State of
Washington. The CONSULTANT shall submit a verification of insurance as outlined above within
fourteen (14) days of the execution of this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT' S professional liability to the AGENCY shall be limited to the amount payable
under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified
by Exhibit "L". In no case shall the CONSULTANT' S professional liability to third parties be limited in
any way.
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully
complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take
such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of the
AGREEMENT in the services to be performed.
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.
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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, 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 Federal and State Review
"N/A"
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M- 1 (a and b)" are the Certifications of the CONSULTANT and the
AGENCY, Exhibit "M-2" Certification Regarding Debarment, Suspension and Other Responsibility
Matters -Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the
Use of Federal Funds for Lobbying and 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 Acceptance
This AGREEMENT may be 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.
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In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in
the. "Execution Date" box on page one (1) of this AGREEMENT.
MACAULAY & ASSOCIATES, LTD.
2927 Colby Ave, Ste 100
Everett, WA 98201
Consultant's Name (Please print)
Consultant's Signature
3- Zr-~
Date
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
John Austin, Chair.
Phil Johnson, Member
David W. Sullivan, Member
roved as to fo nly:
OVA ~ ~ 7 ~
David Alvarez Date
Deputy Prosecuting Attorney
Z /3
Frank Gifford Date
Public Works Director
PW Forms/Standard Consultant Agreement with Exhibits Revised 2/14/2013 .Page 10 Of 27
Exhibit A-1 Scope
Scope of Work -Macaulay and Associates
Task 1-Special Benefit Study
Task 1 work will consist of performing. a formation special benefit analysis of approximately 575 parcels
within the proposed LID boundary.
1.A Property Inspections
Inspect neighborhoods and properties within the project area. Review County's transitional zoning, urban
zoning, proposed rezoning (if any), and development and/or redevelopment conditions, especially related
to potential density changes with availability of sewer services. From GIS and other data, develop a
spreadsheet of affected properties including ownership, specific property characteristics, and assessed
valuations. 575 individual parcels assumed.
Schedule: Completed 30 days from Notice to Proceed
Work Product: 1 Excel spreadsheet
1.B Market Research
Perform market .analysis of each parcel within the proposed LID boundary (575 parcels assumed) with
and without completed project to determine market based assessments of special benefits. Evaluate the
highest and best use of parcels under the "before" condition and in the "after" condition based on a
market assessment. Estimate "special benefit" for each parcel and summarize in a spreadsheet.
Schedule: Completed 90 days from. Notice to Proceed
Work Product: 1 Excel spreadsheet, 575 individual parcel appraisals
1.C Calculate Assessment
Based on special benefit analysis and projected LID costs, calculate and summarize the assessment for
each parcel Summarize in a spreadsheet that can be readily adjusted for various costs scenarios and LID
boundary modifications.
Schedule: Completed 90 days from Notice to Proceed
Work Product: 1 Excel spreadsheet
1.D Final Report
Prepare LID formation report including assessment methodology. The report will comply with Standard
6 of the Uniform Standards of .Appraisal Practice (USPAP) promulgated by the Appraisal Foundation. It
will include discussions of the data, reasoning, and analyses utilized in-the valuation process. Supporting
documentation will be provided to the County and maintained in the Appraiser's files. The report will
conform to the Code of Professional Ethics and Standards of Professional Appraisal Practice of the
Appraisal Institute.
Schedule: Completed 90 days. from Notice to Proceed
Work Product: Final report and appendices in MS Word, MS Excel and Adobe PDF; supporting
documentation in MS Word and MS Excel format for County.
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Task 2 -Coordination with County and Public Outreach Pre-Formation
Task 2 work will consist of coordinating and meeting with. the- County and its consultants to determine the
LID boundary and review the special benefit work. The special benefit appraiser will also attend County
meetings with a community task force of prominent LID participants to review special benefit appraisal
methodology and specific special benefit calculations on key parcels. The appraiser will also attend
workshop briefings with the Board of County Commissioners and the formation hearing.
2.A LID Boundary Determination
The appraiser will use special benefit information derived to work with the County's consultant team to
assemble the preferred LID boundary. This work is anticipated to include 3 phone conference calls and 1
meeting at the County.
Schedule: At County request
Work Product: Participate in meetings and make recommendations.
2.B Community Task Force Meetings.
Attend three (3) community task force meetings to explain special benefit methodology. Cover specific
assessments on key properties of interest of owned by task force members. Anticipate approximately 20
task force members and. covering assessment with each individually.
Schedule: At County request
Work Product: Appraisals for 20 properties (may consist of multiple parcels). Telephone and in person
meetings with County and task force members. Special benefit information package (written materials
which can be posted to web).
2.C Board Workshop
Attend one (1) Board workshop to explain assessment methodology and assessments.
Schedule: At County request
Work Product: Materials for one (1) meeting.
Task 3 -Formation
Task 3 work will consist of finalizing preliminary assessment roll and coordinating with the public at
large leading up to and including the formation hearing and the protest period.
3.A Assessment Roll
Assist with preparation of assessment roll for approximately 575 parcels.
Schedule: At County request
Work Product: Assistance with assessment roll.
PW Forms/Standard Consultant Agreement with Exhibits Revised 2/i4/2013 Page 12 of 27
`.
w', r. .
3.B Public Meetings
Present assessment methodology and assessment work at two (2) public meetings. Provide follow-up
consultations to County and answers to public questions.
Schedule: As scheduled by County
Work Product: Meeting agenda and presentation materials.
3.C Board Workshop
Attend one (1) Board workshops to explain assessment methodology and. assessments.
Schedule: As scheduled by County
Work Product: Materials for one (1) meeting.
3.D Formation Hearing
Participate in formation hearing and provide follow-up information.
Schedule: As scheduled by County
Work Product: Presentation materials. for one (1) meeting.
DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
Summary Special Benefit Study for LID formation purposes for Task 1; said report to contain site maps,
spreadsheets, photos, boundary maps, analysis and recommendations. Draft & formation LID property
information & communication data necessary for public outreach and public presentations.
PW Forms/Standard Consultant Agreement with Exhibits Revised 2/14/2013 Page 13 Of 27
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LID Botmdary
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PW Forms/Standard Consultant Agreement with Exhibits Revised 2/14/2013 Page 14 of 27
Exhibit C
Electronic Exchange of Appraisal, Mapping and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards
the consultant is to use in preparing electronic files for transmission to the agency. The format
and standards to be provided may include, but are not limited to, the following:
A. GIS Mapping Data compatible with- County GIS systems.
B. Property profile files in Excel format
C. Computer Aided Data base Files compatible with County systems
D.' Furnish Hard copy of Scope reports and PDF on CD,
PW Forms/Standard Consultant Agreement with Exhibits Revised 2/14/2013 Page 15 Of 27
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" 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 directsalaries, 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 doesnot
PW Forms/Standard Consultant Agreement with Exhibits Revised 2/14/2013 Page 16 of 27
include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount
payable is guaranteed under this AGREEMENT.
S. Monthly Progress Payments: Progress payments maybe claimed on a monthly basis for all costs
authorized in 1 and 2 above. The monthly billings shall be supported by detailed statements for
hours expended at the rates established in Exhibit "E", .including names and classifications of all
employees, and billings for all direct non-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 finaTaudit, all required adjustments will be made and reflected in a final payment. In
the event that such. final audit reveals an overpayment to the CONSULTANT, the. CONSULTANT
will refund such overpayment to the AGENCY within thirty (30) days of notice of the
overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims
relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has
twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for- audit findings.
7. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY, STATE, and the United States, for a period of three
(3) years after receipt 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 2/14/2013 Page 17 Of 27
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acaulay
ssociates, Ltd.. >~t > Appraisers
~~~ ~ • ~~~wA~i~lllli
_ 2sr~ com~- A~nue, suite zoo • ever, wA 9szm
EveretE425-258-?bll • Seattle 206-382-9711 •Fax425-252-1210
January 18, 2013
Mr. Will Butterfield
Right of Way Representative
Jefferson County
623 Sheridan Street
Port Townsend, WA 98368-6729
RE: Formation special benefit study -for proposed sewer phasing plan local improvement
district (LID) within Irondale/Port Hadlock Urban Growth Area, Jefferson County, WA.
Professional Services Approval Request for Hourly Billing Rate
Dear Mr. Butterfield:
Please consider this letter to be a statement of rates for Macaulay & Associates, Ltd. It covers
real estate appraisal services regarding the above referenced. project. Macaulay & Associates,
Ltd. is a small S-Corpora#ion with no calculated overhead rate. We charge flat hourly fees for
services that are all-inclusive of direct salary, overhead and-fee. The hourly fees offered for this
contract are the lowest fees we offer for preferred clients. I am also confirming- that all direct
nonsalary costs will be invoiced without mark-up. Work will primarily be completed. by myself,
Robert Macaulay president of Macaulay & Associates, Ltd., Charles R. Macaulay, MAI, and
Ashley. Zacharia, associate appraiser. Below is a listing of employees authorized to work on this
project and their hourly rates..
Robert J. Macaulay, MAI, Principal:. $225.00/hour
Charles R. Macaulay, MAI, Principal: $22S.OO/hour
Ashley K. Z.acharia, Associate Appraiser. $95.00/hour
Kelly R. Hao, Associate Appraiser.: $9S.OO/hour
Macaulay & Associates, Ltd. 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 if you have any questions:
Sincerely,
MACAULAY & ASSOCIATES, LTD.
,-~ ~
Robert J. Macaulay, MAI
WA State Certified - General Appraiser Ma 1 I t1U517
PW Forms/Standard Consultant Ageement with Exhibits Revised 2/14/2013 Page 19 of 27
r ~ . .
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 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 20 of 27
~ .~ y _5
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 Fonns/Standard Consultant Agreement with Exhibits Revised 2/14/2013 Page 21 of 27
~ { 7 }
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant
agreerrlent. 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.
PW Forms/Standard Consultant Agreement with Exhibits Revised 2/14/2013 Page 22 of 27
i ~[
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 or Commission approval (as appropriate to agency dispute resolution
procedures).
Step 5 -Informing Consultant of DecisionRegarding 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 claims} 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 2/14/2013 Page 23 Of 27
# a ~;' s A
Exhibit M-1(a)
Certification Of Consultant
Project No. 40516932
Local Agency: Jefferson County
I hereby certify that I am ~ ~~ ~ ,~~ ~~, ,;/~ -~ and
duly authorized representative of the firm of G u,~ / ~ ,c ~.i~ -° ~. ~t~/ whose address
is ~Z `j ~ ~ ~/,~-~ ~}~.~. , ~S~-~. fw L'v~; ~ and that neither I nor the
above ~~~r
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);
-~~~~~1~
Date
-~" .~
Signature
PW Forms/Standard Consultant Agreement with Exhibits Revised 2/14/2013 Page 24 of 27
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 beenrequired, 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):
Jefferson County.
Department of Public Works.
By. "'K Date
Frank Gifford, Public W s Director
PW Forms/Standard Consultant Agreement with Exhibits Revised 2/14/2013 Page 25 of 27
,,
#Y ~ ~ ., ~
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): /~~ ~ H ~/w, ~--- `~ v ~. ~~„~
Name ~ ~ ~ ~- J ~ ~~~~ ~ ~ J /~.-.
(please print)
Signature: President or Authorized fficial of Consultant Date
PW Forms/Standard Consultant Agreement with Exhibits Revised 2/14/2013 Page 26 Of 27
~w
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Exhibit M-3
Certification Regarding the Restrictions
of the use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or 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): ~c ~ ~ /%~,~ d- /~~i~~ ; `~i%',
Name ` ;,~a,.-f L~~~~ ~ ~l~
(please print)
Signature: President or Authorized Official of Consultant
3-Z.r- 13
Date
PW_Forms/Standard Consultant-Agreement with Exhibits Revised 2/14/2013 Page 27 Of 27