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HomeMy WebLinkAbout052813_ca01Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Frank Gifford, Public Works Director ~~ Agenda Date: May 28, 2013 Subject: Standard Consultant Agreement with Johnston Land Surveying for Dowans Creek Road Relocation, County Project No. X01799, FEMA Disaster No. 1734-DR-WA Statement of Issue: Standard Consultant Agreement with Johnston Land Surveying of Port Angeles, Washington for surveying services for the Dowans Creek Road Relocation. Analysis/Strategic Goals/Pro's l't Con's: The consultant selection process was used to select Johnston Land Surveying for this work. The work will consist of preparing a Record of Survey and a Right of Way Plan for the road relocation, and performing field staking for a timber cruise. Fiscal Impact/Cost Benefit Analysis: The maximum amount payable under this agreement is $15,575. Funding for this project is 75% FEMA, 12.5% Washington State, and 12.5% Jefferson County. Recommendation: The Board is requested to sign all three originals of the Standard Consultant Agreement with Johnston Land Surveying, and return two originals to Public Works. Department Contact: Mark Thurston, P.E., Project Manager, 385-916D. Reviewed By: ip Mor ejr; ounty Admin trator s/Zz//3 Date \d T Local Agency Standard Consultant Agreement ®Architectural/Engineering Agreement ^ Personal Services Agreement Agreement Number JLS - 2013 Federal Aid Number FEMA Disaster No. 1734-DR-WA 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 Johnston Land Surveying 540 W. 8~h Street Port Angeles, WA 98362 (360) 452-0237 Project Title And Work Description Dowans Creek Road Relocation Dowans Creek Rd. MP 0.75 to MP 1.55 County Project No. X01799 DBE Participation ^ Yes ®No Federal ID Number or Social Security Number 201765875 Do you require a 1099 for IRS. Completion Date ® Yes ^No June 1, 2014 Total Amount Authorized $15,575.00 Management Reserve Fund $0.00 Maximum Amount Payable $15,575.00 Index of Exhibits (Check all that apply): ® ^ Exhibit A-1 Sco e of Work Exhibit A-2 Task Order Agreement ^ ^ Exhibit G-2 Fee-Sub Specific Rates Exhibit G-3 Sub Overhead Cost ^ Exhibit B-1 DBE Utilization Certification ® Exhibit H Title VI Assurances ® ^ Exhibit C Electronic Exchange of Data Exhibit D-1 Pa ment -Lump Sum ® ® Exhibit I Pa ment Upon Termination of A reement Exhibit J Alle ed Consultant Desi n Error Procedures ^ Exhibit D-2 Pa ment -Cost Plus ® Exhibit K Consultant Claim Procedures ® ^ Exhibit D-3 Pa ment -Hourly Rate Exhibit D-4 Payment -Provisional ^ ® Exhibit L Liability Insurance Increase Exhibit M-1 a Consultant Certification ^ ® Exhibit E-1 Fee - Lum /Fixed/LJnit Exhibit E-2 Fee -Specific Rates ® ® Exhibit M-lb A ency Official Certification Exhibit M-2 Certification -Prima ® ^ Exhibit F Overhead Cost Exhibit G Subcontracted Work ^ ^ Exhibit M-3 Lobb ing Certification Exhibit M-4 Pricin Data Certification ^ Exhibit G-1 Subconsultant Fee ^ A .31.910 Sup 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 PW Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 1 of 22 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 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/1VI/WBE 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 Exhibit "C." PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 2 of 22 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 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 PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 3 of 22 upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the 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 3/20/2013 Page 4 of 22 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 XN. PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 5 of 22 _~ 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 the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT' S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable 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. PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 6 of 22 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. The Consultant shall include all subcontractors as insured 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 andlor 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. 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 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. PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 7 of 22 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. 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 The Federal Emergency Management Agency and the Washington State Department of Emergency Management shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M- 1 (a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and 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. PW Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 8 of 22 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (I) of this AGREEMENT. t~ ~~1-~5-~ ~.U ~ ~ ~~~J t n Consultant (Please print) ~h ~~~h~~~~~ Consultant's Name~(P~lea^se prtntJ ~"1 Y ` Consult 's Signature 51 ~6~ ~~~ Date COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member Ap roved as o form on ~ ~ ~2~zt,~C ~ ~ ~3 David Alvarez Date Deputy cutmg rney Zo Fran ord Date ublic Works Director PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 9 of 22 EXHIBIT A SCOPE OF WORK Dowans Creek Road Relocation County Project No. X01799 The objective of this Agreement is to provide professional services necessary for the preparation of a Record of Survey and a Right of Way Plan for the Dowans Creek Road Relocation Project. Additional work will include staking portions of the right of way alignment for purposes of a timber cruise. The Consultant will perform all services and furnish all materials necessary to accomplish the following tasks. Work will be authorized by the Agency by written notice to proceed for specific tasks. TASK 1 -- RECORD OF SURVEY Task 1 will consist of the following items of work: 1) Review the Topographic Survey of Dowans Creek Road MP 0.75 to MP 1.55, prepared by Johnston Land Surveying in 2007. 2) Review the preliminary road construction plans prepared by Jefferson County which depict right of way needed for the relocation of Dowans Creek Road. The plans were developed using the topographic survey prepared by Johnston Land Surveying. The road relocation consists of two contiguous portions. The first portion, from Station 10+00.00 to Station 33+78.39, lying primarily in Parcel 713013001, consists of an existing logging road. The second portion, from Station 33+78.39 to Station 49+91.10, lying primarily in Parcel 713013003, consists of new road construction. At the time that the topographic survey was prepared by Johnston Land Surveying, Parcel 713013001 was owned by Rayonier Forest Resources, but since that time DNR has acquired this parcel. 3) Perform field work necessary to tie the southwest corner of Section 1. 4) Perform necessary research to establish the existing right of way and adjacent ownerships for roadway Station 10+00.00 to Station 33+78.39. The Agency will provide Lot Book reports (preliminary title reports) from a local title company as necessary. For roadway Station 33+78.39 to Station 49+91.10, a preliminary Record of Survey has already been prepared by Johnston Land Surveying, so no additional research should be necessary. 5) Utilizing the preliminary Record of Survey that has already been prepared for roadway Station 33+78.39 to Station 49+91.10, prepare one, unified Record of Survey for the entire road relocation, Station 10+00.00 to Station 49+91.10, that meets the requirements of Title 58 RCW and Chapter 332-130 WAC and complies with DNR standards and requirements. Said survey will be used for easement /right-of--way purchase and shall include legal descriptions for the individual parcels to be acquired from DNR, and for preparing aright-of--way plan for the new alignment. PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 10 of 22 6) Respond to questions/comments from DNR as necessary during DNR's review of the Record of Survey. Deliverables: Draft Record of Survey, to be submitted to the County within 45 days after the Notice to Proceed • Final Record of Survey TASK 2 -RIGHT OF WAY PLAN The Consultant will prepare a Right of Way Plan and legal descriptions for the road relocation, Station 10+00.00 to Station 49+91.10. The Right of Way plan shall be prepared in general accordance with the WSDOT Plans Preparation Manual. Deliverables: • Draft Right of Way Plan and legal descriptions, to be submitted to the County within 45 days after the Notice to Proceed • Final Right of Way Plan and legal descriptions TASK 3 -- STAKING FOR TIMBER CRUISE The Consultant will stake the right of way centerline and the right of way boundary between roadway Station 32+69.92 and Station 49+91.10, as depicted on the Roadway Plan and Profile sheets provided by the County. The centerline will be staked at a maximum of 50 ft. intervals using 3 ft. lath and flagging. The right of way boundary will be staked at a maximum of 50 ft. intervals and at all corners, and shall be inter-visible. The right of way boundary shall be staked using 3 ft. lath and flagging. The staking of the centerline and right of way boundary will be used by the County and/or DNR to perform a timber cruise. PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 11 of 22 Z O Q U O J W Y W W U Z 0 O z ~_ a Z W W 0 W W c~ Z ~- W Z J Z O N Z 0 n 0 X 0 Z H U w O Z 0 V Z W W 0 Z N aj 0 ao lCI O O N t- O n N n 00 M M N 1A ao n M t0 M M tO M O n O N N OO ~O OO r m m ~ v_ n o r d 1~ N r r M r 00 r M N M N O O r - U F v~ tr~ tR tn tn w w w w w w w w O O N ~ O OY N OOi 0 N 0 ~ O M M t0 r Z c N ~p ~ j NI I I N NI ~ I I N ~ N ! ' I N <LI °a, M ' O i I i ~ I aa~ I ~ I i t ~ I j ~ j O v to ~ I I II N L M ~ N N C OI ~ O N O fR ~ W fA H ~ ' I I C O ~ I I I I I N M O V ~ 0 'd' 1 00 ~ I W V N O M N M d L N V ~ ' I r 41 F... ~ a c v I I ~ ~ I I ~ V dOD n O ~N ~N O M M N N ~ N ~ ~p 0) O ~ 00 ~ N U ~r v ao ~ O o ~ n a ~' N CV~ N (~ ~ L V I I ~ I o i o f o o a I t N i i I II i j l ' O p r I I i 'i ', II i ~~ ~ 00 C Z N N I~ ~ I ~ ~ I ~ (O I~ ~ I ~ ~a M 0 ~ I I 0 0 N d W I I ~ i ',, ~ i ~ i ~ I i i II ! i I I ! i m I ~ I ' i i j ' C ~ ~ ~ C ° O ' m U ~iv N . a I 3 ~ ° E . o ~ ~I y d 7 c ° I d ° N ~ N rn' G ` w 0) I ~ " 0) R O ' i C ` ~O O N 0 0 o ur , E 3 m .~ ~ ~a v 13 ~' .p c ~ ' I 3 w w .. O I w. ~ c ' O .a ~ o ° E V I o ~ L - O i ~ N ' e '~ ~ O m E 0) I i d ~ t L .N rn ~ o~I ~ N U rn ~ p' I ~p I N M~ U J U ~ W Q ~ W ln H ~ D (~ +~ O 3 Q ~ O U (6 J a.3 ~ ! ~ U O Y cn Q ~ I , a ~ o 0 F- N ~ H N I- I N H O O N , ~ N V ~ r w ~tR i . ~ I ~ ~ ~ I f ~ i I I I ~ I II I ' ~ t i ~ i i I I; ; I i ~ II I I ~ I i ~'~, II 1 . ~ II ~ I I I i i ~ i 11 i ~ I ~ i I I ~ , I it I _ ' ~ ~ i I i i H i J I w c i I I IVj) I~ ~ I I I I i ~ i , ~ i R I I i I O io I I I ~ 'B V I V i a ~U l I i M ~ 7 7 1 7 Q U ~ ~ I ji~l Ci _I C _ j ,Zi ~ I I I I Io ~, i I I 7 O I ~ I ~~ o a ~ I ~ I j N C I ~ V) i I Q X ~ ~ O °' NI c urn d ~ ~ ~ LL X W OI ~ m 3 a _ ~ !i ' ~ cI ~ ~~ c Ni ~_ ~ 'I of a E UI m .~ ~ ~ ~ U Uc I~ ~ ( A /~ r' M r ~' r:3 N O V V L C ca 0 .O R J H Exhibit C Electronic Exchange of Engineering 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: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data: cadastral, topographic, and construction surveying: ASCII format or Land XML containing point numbers, coordinates in Washington Coordinate System Grid, point descriptions. B. Roadway Design Files: Agency's current Engineering computer program file format or Land XML format. C. Computer Aided Drafting Files: Autocad file format in the Agency's current version or older. D. Specify the Agency's Right to Review Product with the Consultant: The Agency shall have the right to review the submitted files with the Consultant at the Agency's dicretion. E. Specify the Electronic Deliverables to Be Provided to the Agency: All Surveying data, maps and plans; Preliminary engineering studies, calculations, computer program results, analyses reports, correspondence, reviews, and photos; Preliminary, intermediate and final Permits, Cross-sections, Profiles, Plans, Specifications, Estimates, Schedules, Contract Documents: and Construction engineering and management documents. F. Specify What Agency Furnished Services and Information Is to Be Provided: The Agency will review all submittals from the Consultant, provide direction on project issues when required, and provide access to all available Agency resources relating to the applicable projects. II. Any Other Electronic Files to Be Provided: as needed. III. Methods to Electronically Exchange Data A. Agency Software Suite: Microsoft Office (2007 or older) programs, Autodesk Autocad 2012 and/or Civi12012 programs, Eagle Point design programs. B. Electronic Messaging System: Microsoft Outlook C. File Transfers Format: ASCII, Microsoft Office programs formats, Autodesk program formats, Eagle Point program formats. D. Physical media: Transfer all data to the Agency on optical media: CD or DVD format. PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 12 of 22 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. 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. 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 XN, "Extra Work." 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XN, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 13 of 22 Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billings shall be supported by detailed statements for hours expended at the rates established in Exhibit "E", including names and classifications of all employees, and billings for all direct non-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. 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 (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 3/20/2013 Page 14 of 22 a i, ~ , T OHNSTON Zand ~urveying April 18, 2013 Jefferson County Public Works PO Box 2070 1322 Washington Street Port Townsend, WA 98368-1927 Attn: Mark Thurston, P.E. Mr. Thurston, Please consider this letter to be a statement of rates for Johnston Land Surveying. It covers Surveying services for: Dowans Creek Road Relocation, County Project No. X01799. Johnston Land Surveying is afour-person firm with no audited calculated overhead rate. We charge a flat hourly fee for services that is 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 also confirm that all direct nonsalary costs will be invoiced without markup. • Rob Johnston, Principal - $155.10 • Jessica Wagner, Senior Technician - $39.48 • Paul Brown, Technician - $36.66 • Renee Johnston, Administration - $56.40 • 2-person Crew $76.14 • GPS Crew - $231.24 Johnston Land Surveying 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. Sincerely, ~~~I~ Rob Johnston, PLS o~ I OHNSTO ~. ~~~ of wnsy~ o~ 2 o ~~, ~(+F 37531 ~p ~,' ~JJ, ClST~~ j~~'AL [.A~ S ^ 540 W. Eighth Street, Port Angeles, WA ~ 360.385.2506 ^ 360.452.0238 fax ^ 360.452.0237 ^ www.johnstonlandsurveying.com Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 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. 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, STATE or the Federal Highway Administration (FEMA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FEMA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FEMA 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 Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FEMA 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 and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 15 of 22 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 3/20/2013 Page 16 of 22 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 3/20/2013 Page 17 of 22 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) If the Agency does not agree with the consultant's claim, the project manager shall prepare PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 18 of 22 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 3/20/2013 Page 19 of 22 Exhibit M-1(a) Certification Of Consultant Project No. Local Agency I hereby certify that I am ~~ Y~ ~~ C~ ~Y U`~'~vG~~ and ~~ 1h~~ ~kG1 ~~ ~ i'~ duly authorized representative of the firm of ~ ~1)~Vey wlydse address is ~ ~ (~~ ~ /~~(r~~5 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); ~ (~ 13 Date ~ Signature PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 20 of 22 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): PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 21 of 22 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 ~ ~ ~ 'v`~ ~ h ~ ~~~ ~J ~ ~ ~ Name ~f~ ~E`Y 1 ~l ~~'~'`1 ( lease print) =~ S Signature: President Authorized Official of Consultant Date PW_Forms/Standard Consultant Agreement with Exhibits Revised 3/20/2013 Page 22 of 22