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Home My WebLink About100614_ca06Department 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: Monte Reinders, P.E. Iv Public Works Director /County Engineer Agenda Date: October 6, 2014 Subject: Execute Standard Consultant Agreement with GeoEngineers, Inc. Quinault S. Shore Rd Mitigation Project County Road No. 911607 County Project No. CR1848 Fed Aid No. ER- 1002(010) Statement of Issue: Execution of Standard Consultant Agreement with GeoEngineers, Inc in the amount of $278,924.18 for Preliminary Engineering (PE) phase services including design and environmental permitting for the Quinault S. Shore Rd MP 1.14 to 1.28 Mitigation Project. Analysis /Strategic Goals /Pro's 8 Con's: This project will mitigate for emergency repairs made in April, 2010 to Quinault S. Shore Rd. The repair consisted of constructing a rip -rap revetment adjacent the roadway and in the Quinault River. The mitigation project is required to offset the impact to the riparian and aquatic habitat caused by the emergency repair. Fiscal Impact/Cost Benefit Analysis: The PE phase for this project is funded at 86.5% through FHWA Emergency Relief (ER) resulting in $241,269.42 of funding for the consultant agreement. The County Road Fund will provide the 13.5% match requirement resulting in $37,654.76 of funding. The Right -of -Way and Construction Phases will be funded at 100% through FHWA ER funds. Recommendation: The Board is requested to execute the three original Standard Consultant Agreements with GeoEngineers, Inc. and return two originals to Public Works. Department Contact: Matt Klontz, P.E., Project Manager 385 -9217 ReviewErii?By: 'Philip Morley, C my Administra Date Local Agency Standard Consultant Agreement MArchitectural /Engineering Agreement ❑ Personal Services Agreement Agreement Number 1848 -GEO -1 Federal Aid Number ER- 1002(010) 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 Index of Exhibits (Check all that apply): Consultant/Address/Telephone GeoEngineers, Inc 600 Stewart Street, Suite 1700 Seattle, Washington 98101 (206) 728 -2674 Project Title And Work Description Quinault South Shore Rd MP1.2 Mitigation Project: Plans, Specifications and Estimate (PS &E) and Environmental Documentation and Permitting. DBE Participation ❑ Yes ®No % Federal ID Number or Social Security Number 91- 6237984 % Do you require a 1099 for IRS. Completion Date ® Yes ❑No December 31, 2016 Total Amount Authorized $278,924.18 Management Reserve Fund $0 Maximum Amount Payable $278,924.18 ®Exhibit A -1 Scope of Work ®Exhibit G -2 Fee -Sub Specific Rates ❑Exhibit A -2 Task Order Agreement ®Exhibit G -3 Sub Overhead Cost [—]Exhibit B -1 DBE Utilization Certification ®Exhibit H Title VI Assurances ®Exhibit C Electronic Exchange of Data ®Exhibit I Payment Upon Termination of Agreement ❑Exhibit D -1 Payment — Lump Sum ®Exhibit J Alleged Consultant Design Error Procedures ❑Exhibit D -2 Payment — Cost Plus ®Exhibit K Consultant Claim Procedures ®Exhibit D -3 Payment — Hourly Rate ❑Exhibit L Liability Insurance Increase ❑Exhibit D -4 Payment — Provisional ®Exhibit M -la Consultant Certification ❑Exhibit E -I Fee — Lump/Fixed/Unit ®Exhibit M -lb Agency Official Certification ZExhibit E -2 Fee — Specific Rates ®Exhibit M -2 Certification — Primary ®Exhibit F Overhead Cost ®Exhibit M -3 Lobbying Certification ®Exhibit G Subcontracted Work ❑Exhibit M -4 Pricing Data Certification ®Exhibit G -1 Subconsultant Fee E]App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this day of 52014, 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 Quinault South Shore Rd MP 1.2 Mitigation Project Page 1 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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/M /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 ". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be Quinault South Shore Rd MP 1.2 Mitigation Project Page 2 Standard Consultant Agreement with Exhibits Revised 12/30/2013 returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until 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, WSDOT External Audit Office and /or at the request of the AGENCY' S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant shall not exceed its 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. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. Quinault South Shore Rd MP 1.2 Mitigation Project Page 3 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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 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. Quinault South Shore Rd MP 1.2 Mitigation Project Page 4 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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. 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 Quinault South Shore Rd MP 1.2 Mitigation Project Page 5 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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. 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. Quinault South Shore Rd MP 1.2 Mitigation Project Page 6 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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. 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 and/or 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. Furthermore, any insurance provided to the AGENCY by any joint self - insurance liability policy or Risk Pool under Ch. 48.62 RCW of which the AGENCY is a member or participant shall be non- contributory. 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. Quinault South Shore Rd MP 1.2 Mitigation Project Page 7 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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. Any insurance coverage for third party liability claims provided to the AGENCY by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non - contributory with respect to any policy of insurance the CONSULTANT must provide in order to comply with this AGREEMENT. If the proof of insurance or certificate indicating the AGENCY is an "additional insured" to a policy obtained by the CONSULTANT refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the CONSULTANT to obtain the full text of that endorsement and forward that full text to the AGENCY. The AGENCY may, upon the CONSULTANT's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the CONSULTANT. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. 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 Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification 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. Quinault South Shore Rd MP 1.2 Mitigation Project Page 8 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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. Quinault South Shore Rd MP 1.2 Mitigation Project Page 9 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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. VDU. "� k 6 ' ;)i e e,,,,,s Ir)(-. C,onn1sU t (Please print) �UGI S A �t y- rn2�s �rl�- nt's Name (Please print) Consud Date COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member Ap ved as to form y: O zb iwDavid Al rez --. -. Date De p 7Prosecuting o ey Monte , .E. Date Public Works Director /County Engineer Quinault South Shore Rd MP 1.2 Mitigation Project Page 10 Standard Consultant Agreement with Exhibits Revised 12/30/2013 Exhibit A -1 Scope of Work Included as attachment: County Project No. X01848 Federal Aid No. ER- 1002(010) Agreement No. 1848 -GEO -1 Jefferson County Department of Public Works Exhibit A -1— Architectural & Engineering (A &E) Scope of Work Quinault South Shore Rd MP 1.2 Mitigation Project Page 11 Standard Consultant Agreement with Exhibits Revised 12/30/2013 Jefferson County Public Works August 5, 2014 INTRODUCTION This scope of services was developed based on a request made to GeoEngineers, Inc. (GeoEngineers) from Matt Klontz, PE with Jefferson County Public Works. This scope of work is built upon information presented in previous draft scopes developed by Washington State Department of Transportation ( WSDOT), and others for the Quinault South Shore Road MP 1.2 Mitigation Project (Project). The scope and fee estimate presented here reflect the understood tasks required to complete permitting and design of the Project described below. Jefferson County will be responsible for completion of certain tasks. Those tasks and corresponding assumptions are listed within the body of the following scope of services where appropriate. PROJECT UNDERSTANDING Approximately 400 feet of roadway embankment had been eroded after multiple high water events of the Quinault River between January 12 and January 18, 2010. The repair consisted of constructing a riprap revetment and was administered under the Federal Highway Administration (FHWA) Emergency Relief (ER) Program. Permanent restoration in the form of mitigation is a requirement of the FHWA Detailed Damage Inspection Report (DDIR) and the Hydraulic Project Approval (HPA) issued by Washington State Department of Fish and Wildlife (WDFW). The mitigation is required to offset the impacts to the riparian and aquatic habitat caused by the emergency repairs (Project). On behalf of Jefferson County, WSDOT developed three mitigation concepts for consideration. Scoping level cost estimates were developed and analyzed. The concepts and cost analysis were summarized in a report titled "TA4212 - Quinault South Shore Emergency Repair Mitigation Alternative Assessment and Recommendations - FINAL" ( WSDOT 2013). Alternative 2B was recommended as the preferred alternative. The DDIR was revised with this recommendation and approved by FHWA for the required mitigation. FHWA approval was based on assumed betterment with an estimated 2.13 benefit/cost ratio. WSDOT contracted with GeoEngineers to complete a Geomorphic Assessment of the project reach and to evaluate the mitigation alternatives developed by WSDOT. In August 2013, GeoEngineers delivered to WSDOT the "Site and Reach Geomorphic Assessment of the Quinault South Shore Road, MP 1.2 Mitigation Project" (GeoEngineers 2013). In that report, GeoEngineers recommended modifications to Alternative 2B to reduce risk and increase opportunities for success. We assume for this scope of work that the modified Alternative 2B presented by GeoEngineers is the starting point for additional design and permitting services that GeoEngineers will complete for Jefferson County. As part of this scope of work, GeoEngineers will re- evaluate the Alternative 2B concept based on further evaluation of the baseline conditions for the site and engineering analysis. GeoEngineers will re -affirm the alternative concept design, or recommend refinements or revisions to the conceptual design to Jefferson County for review. It is understood that any deviations from Alternative 2B will require re- approvals from FHWA and the Quinault Indian Nation (QIN), and as such shall be made (and justified) only as necessary to meet project objectives and manage risk. The concept design will then be evaluated with respect to the initial cost estimate and benefits assumed in the DDIR. The results of this evaluation will be provided to Jefferson County for review and presented to FHWA for approval prior to proceeding with further tasks and sharing with stakeholders. Jefferson County Public Works August 5, 2014 SCOPE OF SERVICES Task 1 Refine Conceptual Design (15% Plans) Page 2 Under contract to WSDOT, GeoEngineers recommended modifications to Alternative 2B based on the betterment criteria and field analysis, summarized in the body of the Geomorphic Assessment Report. WSDOT and Jefferson County staff has re- evaluated the application of Alternative 2B based on results of the Geomorphic Assessment and the initial betterment assumptions. In this task, GeoEngineers will re -visit the project site with our design team to evaluate current site conditions and to evaluate if any baseline conditions have changed since we developed the Alternative 2B modification. The objective of this task is to develop an updated concept plan to a 15% design level. Potential fatal flaws that will be addressed in the updated concept design prior to proceeding with additional National Environmental Policy Act (NEPA) coordination include: ■ Compliance with FHWA mitigation requirements ■ Avoid, if possible, federally owned lands for structure location or construction access ■ Identify feasible access routes and construction easements ■ Design within the available project construction budget of approximately $900,000 ■ Evaluation of channel response to engineered logjam (EU) structures ■ Compatibly with the QIN's restoration plan for the Upper Quinault River ASSUMPTIONS: ■ Jefferson County will provide written notice to proceed prior to beginning work described in this Task. ■ The assumed benefits of Alternative 2B (with GeoEngineers Suggested Modification) from " Quinault South Shore Emergency Repair Mitigation Alternative Assessment and Recommendations" will be the basis of the concept design. This may include improvements or recommended alternatives based on a more thorough evaluation of baseline conditions, particularly current channel geomorphology. ■ If there are significant differences between the refined concept design and Alternative 213, FHWA approval will be necessary prior to presenting the refined concept to project stakeholders. (i.e. WDFW and QIN) by Jefferson County. ■ Two stakeholder meetings will be attended by GeoEngineers at the completion of this task to present updated concepts and justification, first to FHWA, then to the QIN and WDFW. ■ Only one round for review of the DRAFT concept design will be necessary and any relevant comments or suggestions will be incorporated as deemed necessary by the project team. Exhibit Al_Architectural & Engineering (A &E) Scope of Work Jefferson County Public Works August 5, 2014 Page 3 DELIVERABLES: ■ Electronic copy of DRAFT and FINAL Concept Design, 15% cost estimate and 15% construction materials schedule. Design plans will identify: ■ Placement locations and types of EU, and /or other engineered wood structures ■ Access routes ■ Staging locations Task 2 Topographic /Bathymetric /Right -of -Way Survey GeoEngineers will subcontract with Wilson Engineering (Wilson), a WSDOT audited surveyor, to collect bathymetric and topographic baseline data for the project site(s) and associated vicinity. Survey services are generally broken down into two Phases, per Wilson's scope of services provided to GeoEngineers on July 24, 2014: Phase 1 Services-- 1. Recover or establish on -site survey control, tied to the NAD83 horizontal control datum, and the NAVD88NRS elevation reference plane. 2. Collect topographic /bathymetric data within the project area as specified in the "Understanding' section above, according to the attached, marked aerial photo. 3. Locate the centerline of South Shore Road for the entire project length. Within section 36 (T9W), Wilson will attempt to reconcile the existing centerline with record data and prepare an authoritative right -of -way for same, if sufficient evidence is extant. 4. Calculate and plot the parcel lines and ownership data for the properties adjacent to the work areas and access area, based upon record data sources only. 5. Provide Civi13D (ver.2014) electronic basemap drawings of the collected topography, approximate right -of -way and parcel lines, together with a photo - reproducible hard copy of same, signed and stamped by a Professional Surveyor, licensed in the State of Washington. Phase 2 Services 1. Collect topographic data along the access corridor between South Shore Road and the Quinault River, suitable for preparation of a 2 -foot contour interval surface model. 2. Collect wetland flags (to beset by GeoEngineers) adjacent to the access corridor. 3. Prepare electronic and hard -copy mapped versions of the proposed access corridor. 4. With input and direction from GeoEngineers or Jefferson County's legal counsel, prepare property descriptions and exhibit maps for a temporary construction easement to be prepared by competent legal counsel. Exhibit_A1 Architectural & Engineering (A &E) Scope of Work Jefferson County Public Works August 5, 2014 Page 4 ASSUMPTIONS: ■ Jefferson County will be responsible for ROW Certification, Entry Agreements, Construction Access, Construction Easements, and any necessary landowner agreements to secure access for the project. ■ Survey will betied to the NAD83 Horizontal and NAVD88 Vertical Datum. ■ No unverified record data will be incorporated into Wilson deliverables, without bearing a notation clearly labeling the data to be "approximate ". Wilson will bear no responsibility for the absolute accuracy of a data so labeled. ■ This survey proposal will not include a sectional retracement survey. If the road right -of -way, or the parcel lines adjacent to the work areas or access area, cannot be defined with an appropriate level of certainty based upon control discovered on or near South Shore Road, additional survey to recover sectional control will be addressed under a separate proposal document. ■ Safety of personnel is of paramount importance to Wilson Engineering. If Wilson personnel determine at any time that in their opinion the conditions on or near the designated work areas or access area constitute a safety hazard, no work will be performed in said areas. DELIVERABLES: ■ Base map and all digital files for the project area. Jefferson County survey and drafting standards will be met, as applicable. Task 3 Hydraulic Modeling We propose to use an existing RiverFlo 2D (v3.0) model to complete hydraulic analysis of existing conditions and the preferred design. The 2D hydraulic modeling will be performed for the project reach to model existing and proposed conditions. Modeling will derive inundation extents as well as velocity magnitudes and vectors for the selected flow events. ASSUMPTIONS: ■ We will utilize an existing RiverFLo2D model for hydraulic analysis. ■ Jefferson County will request from the QIN any new versions of the RiverFlo2D model that have been developed for recent restoration projects. ■ New hydrologic analyses will not be performed as part of this project. The determination of peak flows for this project will rely on existing studies /reports. ■ The 2D model mesh will begin approximately near RK 9.5 and extend upstream to RK 12.0. ■ The 2D model will be run for 2 peak flow intervals (2 runs per existing and proposed, 4 total runs). ■ The proposed condition 2D model will only be developed for the approved conceptual design. ■ This project is not anticipated to formally address flood regulations or concerns and does not include a detailed hydraulic analysis for and preparation of a "zero -rise" hydraulic report or Federal Emergency Management Agency (FEMA) Conditional Letter of Map Revision (CLMOR). DELIVERABLES: ■ Existing conditions RiverFlo 2D hydraulic model output and map products of the project reach. Exhibit—Al—Architectural & Engineering (A &E) Scope of Work Jefferson County Public Works August 5, 2014 Task 4. Cultural Resource Survey and Reporting Page 5 GeoEngineers has brought Lithic Analysts onto the team to address NEPA compliance under Section 106 of the National Historic Preservation Act (NHPA). In support of the NEPA compliance effort for the project, Lithic Analysts will facilitate the initiation of Section 106 consultation, request concurrence of the project area of potential effect (APE), and complete cultural resource research, a field survey, and reporting. The specific scope of work for this task is: Task 4.1 - Area of Potential Affect (APE) Lithic Analysts will develop a detailed description of the APE based on the current project description for review and approval by Jefferson County and support their formal request to WSDOT for concurrence with the APE. This task includes producing the APE letter and figures and coordinating with Jefferson County, WSDOT. Task 4.2 - Archival Research Lithic Analysts will conduct appropriate archival research at designated repositories, which will include the Department of Archaeology and Historic Preservation (DAHP), libraries, local history museums, online General Land Office (GLO) survey plats and maps, historic maps, historical societies, and other relevant locations. The objective of the research is to develop a full understanding of the historic context, land use patterns, and previously identified archaeological and historical sites within the project area. Task 4.3 - Field Survey Lithic Analysts will conduct a pedestrian field survey of the project area using standard, industry- accepted methods that are appropriate to the specific project area. Shovel test probes (STPs) will be excavated in the project area, if appropriate, to determine the presence of subsurface cultural resources. Task 4.4 - Resource Forms Cultural resources identified with the project area during the field survey will be fully documented using the appropriate forms available from the DAHP and in compliance with DAHP's Survey and Inventory Standards. Task 4.5 - Deliverables: Cultural Resource Survey Report Lithic Analysts will prepare a summary report of results that includes relevant supporting evidence for findings, and adheres to the DAHP's Survey and Inventory Standards, and the requirements of the WSDOT and Jefferson County. The report will provide context on pertinent land use customs and beliefs, identify sites within the project area, discuss methods used to survey the project area, and include recommendations on the NRHP eligibility of the sites and the likelihood of construction impacts. A PDF of the final report, with DAHP cover sheet, will also be provided for submittal to DAHP. Task 5 Impact Analysis of Project Area GeoEngineers will complete an assessment of potential critical areas impacts to the project area under this task (Task 5). A baseline wetland delineation will be completed for the Alternative 2B project area including mitigation site(s), access routes, construction easements and proposed staging areas necessary for completion of the project. Wetland delineations will not entail delineating the entire boundary of all wetlands encountered, but rather will focus on those portions of the wetlands that may be Exhibit -Al— Architectural & Engineering (A &E) Scope of Work Jefferson County Public Works August 5, 2014 Page 6 impacted by the project. Wetlands will be delineated and rated utilizing current Washington State Department of Ecology (Ecology) and U.S. Army Corps of Engineers (USACE) guidance. Wetlands will be delineated to provide an accurate boundary for the edge of all wetlands potentially affected by the project. Impact areas will be defined and quantified in the Wetlands Report and the Joint Aquatic Resource Permit Application (DARPA). Wetland buffers will be determined using Jefferson County Chapter 18.22 Critical Areas. The project area will also be evaluated for impacts to baseline fish and wildlife habitat conservation areas ( FWHCA). ASSUMPTIONS: ■ GeoEngineers will identify ordinary high water marks (OHWM), wetlands and other critical area boundaries in the field using a hand held GPS unit and transfer boundaries to survey base maps for inclusion in the permit documentation and construction plans. ■ Reporting will follow guidance from Jefferson County Code (JCC), Chapter 18.22 Critical Areas. Recommended protection standards for avoidance and minimization of impacts will be also be referenced according to JCC Chapter 18.22. Wetland and FWHCA will be summarized in one critical areas report. DELIVERABLES: ■ Electronic copy of DRAFT and FINAL critical areas reports. The draft report will be reviewed by Jefferson County prior to producing a final report that will be included with the permitting documentation. Task 6 Engineering and Analysis Supporting Mitigation Structure Design Following completion and concurrence of the 15% design plan, we will complete additional analysis and engineering necessary to advance the design. Geotechnical and structural design analyses will be completed under this task. GeoEngineers staff will complete the geotechnical, soil, scour, temporary shoring, dewatering and other project elements under this task. ASSUMPTIONS: ■ Geotechnical evaluation for temporary shoring design will be completed under this task. ■ Proposed conditions hydraulic modeling will be completed under this task to evaluate the hydraulic forces acting on the logjams. ■ Force balance analysis and stability analysis for the logjams will be completed under this task. ■ Pile stability analysis will be completed under this task. ■ Temporary de- watering and cofferdam design will be completed under this task. DELIVERABLES: ■ There are no formal deliverables for this task. Results of all engineering and analysis tasks will be reflected in the design plans and Basis of Design document. Exhibit-A1-Architectural & Engineering (A &E) Scope of Work Jefferson County Public Works August 5, 2014 Task 7 30% Design Plans and Basis of Design Documentation Page 7 GeoEngineers will develop a 30% design set for Environmental Documentation. We will compile the results of the modeling, conceptual design, scour analysis, channel response and assessment, force balance calculations, geotechnical review and constructability assessment into a Basis of Design document (BoD). In coordination with Jefferson County, GeoEngineers will also determine site access and material staging options for construction of the mitigation structures, and will assess probable materials to be used for the construction (particularly wood species and size classes). The findings will support preparation of detailed design plans. ASSUMPTIONS: ■ GeoEngineers will develop the BoD at the 30% design level and will update as necessary for later design levels if engineering assumptions or designs change. ■ GeoEngineers will compile the results of the modeling, design calculations, constructability assessments, and other supporting design documentation into the BoD. ■ GeoEngineers will coordinate with Jefferson County staff for organize the review of the Basis of Design document. DELIVERABLES: ■ We will develop plans to a 30% level of completion to capture the concept for restoration of the reach and form the basis of a permitting package. ■ Three hard copies and an electronic file (PDF format) of a DRAFT Basis of Design document and Plans for review by Jefferson County. • Design plan set for restoration /mitigation treatments to 30% design level. • Associated cost estimates commensurate with level of design. • Associated log schedule and other construction materials commensurate with level of design. • Plans showing placement of EU structures and types. • Typical details for EU /engineered wood structure types. • Access /staging plan and details. • Temporary erosion and sediment control plan and details. Task 8 NEPA Compliance and Environmental Permitting GeoEngineers will develop environmental supporting documentation needed for NEPA compliance and for environmental permits based on the 30% design plans and BoD. Jefferson County will be the applicant and coordinate the acquisition of project - related environmental and other construction permits as needed. GeoEngineers will be the lead for coordinating NEPA compliance with WSDOT and FHWA including technical support for Section 7 Endangered Species Act (ESA) and Section 106 National Historic Preservation Act (NHPA) consultations. Task 8.1NEPA Compliance GeoEngineers will prepare draft and final Environmental Classification Summary (ECS) Forms for submittal to WSDOT /FHWA for NEPA compliance. A draft ECS Form will be prepared for Jefferson County and WSDOT review and changes to the draft will be made per discussions with WSDOT Highways and Exhibit—Al—Architectural & Engineering (AM) Scope of Work Jefferson County Public Works August 5, 2014 Page 8 Local Programs (H &LP) staff. The changes will constitute the draft ECS Form, which will be submitted to Jefferson County for internal review. Comments received from Jefferson County will be incorporated prior to submittal to WSDOT for review. Comments received by WSDOT will be incorporated and such changes will constitute the final ECS Form that will be routed for signatures. Supporting documentation, will be provided as attachments to the ECS for the elements that require further documentation to provide adequate rationale for a Documented Categorical Exclusion (DCE) under NEPA. ASSUMPTIONS: ■ Jefferson County will provide written notice to proceed prior to beginning work described in this Sub -Task. ■ GeoEngineers will coordinate NEPA compliance with Jefferson County, WSDOT and FHWA. Assumes 40 hours of coordination time to submit and review NEPA documentation and obtain approval of ECS. ■ GeoEngineers will provide technical support for Jefferson County /WSDOT /FHWA for Section 7 ESA consultation with NMFS and USFWS (Services) as necessary. Assumes 40 hours of technical support time for Section 7 consultation. ■ GeoEngineers will provide consultation support to Lithic Analysts and Jefferson County/ WSDOT /FHWA for Section 106 consultation with the U.S. Forest Service (USFS), Tribes, and State Historic Preservation Office (SHPO) as necessary. Assumes 20 hours of technical support time for Section 106 consultation. DELIVERABLES: ■ NEPA ECS Form ■ Biological Assessment for Section 7 ESA compliance ■ Cultural Resources Report for Section 106 NHPA compliance Task 8.2Environmentaf Permits GeoEngineers will also complete a State Environmental Policy Act (SEPA) Checklist, JARPA Form, and JARPA drawings for the project. The SEPA Checklist will be completed based on project information presented in the NEPA ECS Form. The SEPA Checklist will be submitted with the permits. We anticipate that this project will qualify for a Determination of Non - Significance (DNS) under SEPA. The JARPA Form and drawings will be prepared from the GeoEngineers' design plans. GeoEngineers will prepare a draft SEPA Checklist and draft JARPA Form and drawings and submit them to Jefferson County for review. Jefferson County comments will be incorporated into a final SEPA checklist and JARPA Form and drawings. The DARPA (Form and drawings) and technical supporting documents represent applications for several environmental permits and /or reviews including: Shoreline Substantial Development Permit (Exemption), Critical Areas Review, Section 404/401 Nation -Wide Permit (NWP), and Hydraulic Project Approval (HPA). GeoEngineers will also prepare the Notice of Intent (NOI) for a Section 402 NPDES General Construction Storm Water Permit if clearing and grubbing and /or excavation exceed 1 acre. ASSUMPTIONS: ■ Jefferson County will provide written notice to proceed prior to beginning work described in this Sub -Task. a GeoEngineers staff will develop the necessary drawings for the JARPA permit packages. Exhibit-Al-Architectural & Engineering (A &E) Scope of Work Jefferson County Public Works August 5, 2014 Page 9 ■ GeoEngineers will prepare permit applications on behalf of Jefferson County. ■ GeoEngineers will provide final draft copies of permit applications, drawings, and documentation reports via email in PDF format for review prior to finalizing. ■ Jefferson County will return comments to GeoEngineers via email in PDF format. ■ GeoEngineers will address Jefferson County comments, and provide draft applications and documentation to Jefferson County. Final signatures on applications, payment of fees, submittals and permit processing is the responsibility of Jefferson County. ■ GeoEngineers will provide review copies of permit applications, drawings, and documentation reports via email in PDF format. ■ Jefferson County will coordinate approval of project with Stakeholders. DELIVERABLES: ■ Documentation: ■ SEPA Checklist ■ JARPA Form and Drawings Task 9 Prepare Design Plans GeoEngineers will be responsible for the preparation of design plans and details for the mitigation project. On an iterative basis, as design plans are advanced, Jefferson County will be provided opportunity to comment on the design plans and details. GeoEngineers will collaborate with technical staff at Jefferson County on design approaches, constructability analyses, and drawing details. As the design work on the mitigation structures progresses, GeoEngineers will also provide review of the design basis, design calculations, and constructability of those features to maintain alignment with the information provided for the environmental documentation. At each design review stage, GeoEngineers will identify risks that need to be addresses and understood, and communicate those risks to Jefferson County in the form of technical memoranda or emails outlining design comments. GeoEngineers will complete the design and preparation of 90 %, and 100 %, plan sheets as described below. ASSUMPTIONS: ■ Jefferson County will provide written notice to proceed prior to beginning work described in this Sub -Task. ■ 90% plan sheets will consist of the preliminary plans necessary for the Plans, Specification and Estimate (PS &E). • One of the design meetings identified in Task 10 will occur approximately mid -way through development of the 90% plans. • The 90% review process, including resolving all comments will require one month, and a round -table review. ■ 100% plan sheets will consist of the final plans necessary for the PS &E. Exhibit—Al—Architectural & Engineering (A &E) Scope of Work Jefferson County Public Works August 5, 2014 Page 10 • The 100% plan sheets will incorporate all review comments presented and resolved during the 90% review. • The 100% review process will be the final opportunity for comments and revisions to the plans prior to the submittal of the Ad -Ready PS &E. • The 100% review process, including resolving all comments will require two weeks. ■ GeoEngineers will prepare all plan sheets, except Summary of Quantities, using AutoCAD Civil 3D software and format standards established by WSDOT. • Comments on design plans and details will be submitted to GeoEngineers at the 90 %, and 100% stages of completion. • GeoEngineers will be responsible for hard copy printing and distribution of all plan sheets at each stage of design completion. • All electronic and digital files will be submitted to Jefferson County using SharePoint. • Jefferson County will return comments to GeoEngineers via email in .doc and PDF format. • GeoEngineers anticipates the following design sheets for the 90 %, and 100% submittals: Sheet Description Submittal Vicinity Map 90%,100% Summary of Quantities 90%,100% Site Plan 90%,100% 5 to 10 Structure Sheets 90%,100% Shoring Detail 90%,100% De- watering Detail 90%,100% Misc. Details & Notes 90%,100% Planting Plan 90%,100% TESC Plan 90%,100% Traffic Control Plans 90%,100% Plan sheets in excess of those listed above, or additional sheets requested by Jefferson County, as a result of project delays, changes to the project schedule, or due to unanticipated design or project changes, will require an amendment to this scope of work and budget. DELIVERABLES: ■ AutoCAD Civil 3D files of the above listed plan sheets for the 90% and 100% design submittals sized to full size (22" x 36 ") sheets. ■ 11 "x17" digital PDF files at "half size" for review at the 90% and 100% design submittals. ■ Final full size plan sheets, stamped and signed by the Engineer of Record, ready for inclusion in a construction contract. Exhibit_A1_Architectural & Engineering (A &E) Scope of Work Jefferson County Public Works August 5, 2014 Page 11 Task 10 Prepare Specifications and Cost Estimates for 90% and 100% GeoEngineers will be responsible for preparation of technical specifications at the 90% and 100% design levels. The technical specifications (aka special provisions) will be developed for insertion into the project bid documents as appropriate by Jefferson County. ASSUMPTIONS: ■ GeoEngineers will provide the technical specifications (aka special provisions) to Jefferson County. Jefferson County will be responsible for preparation of the General Conditions and bid documents for the project, including all standard items and contract language. ■ The technical specifications (aka special provisions) will be prepared in standard WSDOT format using Microsoft Word software. ■ The summary of quantities and cost estimate will be prepared in Excel spreadsheet format. DELIVERABLES: ■ Edited electronic files of special provisions at the Special Provisions at the 90% and 100% design level in Microsoft Word format. ■ Edited electronic files of the engineer's estimate of bid items, quantities, and unit bid prices at the 90% and 100% design levels in Microsoft Excel format. ■ Cost estimate quantity backup in excel and /or pdf format Task 11 Project Coordination, Management and Outreach GeoEngineers will be responsible for ongoing administration of the contract between GeoEngineers and Jefferson County, coordination of work efforts with the Jefferson County Project Manager and supporting sub - consultants. GeoEngineers will coordinate, manage and document exchanges of information and project meetings. GeoEngineers will participate in several meetings with Jefferson County, other project partners and stakeholders during the course of the design preparation. The primary means of meeting will be via telephone. The budget estimate for this task will be directly linked to the assumptions listed below. If additional meetings occur, or more GeoEngineers technical support staff are needed at these meetings, the budget for this task may need to be supplemented. ASSUMPTIONS: ■ Two GeoEngineers representatives will attend up to five design team /stakeholder meetings. All labor and outside direct costs (ODCs) required for the 5 meetings identified below are included in the budget forth is task. ■ Jefferson County will be responsible for setting meeting dates and agendas, and for stakeholder invitation /coordination. ■ Non - design team meetings such as project management meetings will be held via telephone or videoconference and will be one to two hours. ■ Three internal design team meetings are planned to be held in Tacoma, Washington between Jefferson County and GeoEngineers. ■ GeoEngineers will attend up to two public outreach meetings held in Quinault, Washington. Exhibit_A1_Architectural & Engineering (A &E) Scope of Work Jefferson County Public Works August 5, 2014 Page 12 ■ GeoEngineers will attend up to one meeting with FHWA and WSDOT in Olympia, Washington. DELIVERABLES: ■ Meeting agenda and associated documents for meeting discussions. ■ Copies of review comments and other material prepared under the tasks outlined above, provided at each meeting, as appropriate. ■ Attendance rosters and summary meeting minutes. ■ Stakeholder meeting exhibits will be prepared by GeoEngineers under this task. Task 12 Monthly Invoicing and Status Reports The GeoEngineers Project Manager will maintain and document the status of the project design, including meetings, milestones met, sub - consultant progress, current and upcoming tasks and activities, schedule status, and budget status, in a single status report. ASSUMPTIONS: ■ GeoEngineers will maintain a project status report. ■ Report will include updates from Subconsultants as appropriate. ■ GeoEngineers will submit status reports to Jefferson County on or around the beginning of each month, concurrent with invoices. DELIVERABLES: ■ Monthly status report in PDF format, delivered via email, and hard copy by mail. Exhibit_Ai_Architectural & Engineering (A &E) Scope of Work 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: Surveying, Design & Plans Preparation Section A. Survey Data: AutoCad/Civil 3D format. B. Design Files: Microsoft & AutoCad/Civil 3D format. C. Computer Aided Drafting Files: AutoCad/Civil 3D format. D. Specify the Agency's Right to Review Product with the Consultant: The Agency shall have the right to review the submitted files with the Consultant at the Agency's discretion. E. Specify the Electronic Deliverables to Be Provided to the Agency: Exhibit A -1. F. Specify What Agency Furnished Services and Information Is to Be Provided: Exhibit A -1. 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 2013 and/or Civil 3D 2013 programs B. Electronic Messaging System: Microsoft Oultook C. File Transfers Format: Microsoft Office programs formats, Autodesk program formats. Additional Requirements defined in: Jefferson County Department of Public Works Exhibit A -1 — Architectural & Engineering (A &E) Scope of Work Quinault South Shore Rd MP 1.2 Mitigation Project Page 12 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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. 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 XIV, "Extra Work." 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. Quinault South Shore Rd MP 1.2 Mitigation Project Page 13 Standard Consultant Agreement with Exhibits Revised 12/30/2013 5. 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. Quinault South Shore Rd MP 1.2 Mitigation Project Page 14 Standard Consultant Agreement with Exhibits Revised 12/30/2013 EXHIBIT E -2 CONSULTANT FEE DETERMINATION - SUMMARY SHEET (Specific Rates of Pay) GeoEngineers, Inc. Fee Schedule GEOENGINEERS, INC Discipline of Job Title Hourly Rate Overhead @ 213.73 Profit @ 30 /o Rate Per Hour Sr. Principal $79.33 $169.55 $142.84 $116.44 $23.80 $272.68 $229.71 Principal $66.83 $20.05 Sr. Scientist 2 $54.48 $16.34 $187.26 Sr. Scientist 2 $51.21 $109.45 $15.36 $176.02 Sr. Engineer 2 $44.74 $95.62 $13.42 $153.78 Proect Engineer 2 Project Scientist 1 Staff Scientist 3 $39.60 $84.64 $73.25 $52.30 $11.88 $136.12 $117.80 $84.11 $34.27 $10.28 $24.47 $7.34 Staff Engineer 2 $21.92 $46.85 $6.58 $75.35 Lead CAD Designer $31.60 $67.54 $9.48 $108.62 Admin 3 $25.37 $54.22 $7.61 $87.20 Admin 2 $23.07 $49.31 $6.92 $79.30 Contracts $30.29 $64.74 $9.09 $104.12 Accounting $23.98 $51.25 $7.19 $82.43 Quinault South Shore Rd MP 1.2 Mitigation Project Exhibits E -2 EXHIBIT E -2 LABOR HOUR BY CLASSIFICATION Quinault South Shore Road MP 1.2 Mitigation Project Jefferson County Department of Public Works GeoEngineers, Inc. DIRECT SALARY COST (DSC): SUBTOTAL - DSC 1,656 $239,927.18 Total DSC $239,927.18 OTHER DIRECT COSTS (ODCs): Mileage Labor Hours x Fully = Labor Cost Classification Per Diem Burdened $122.00 Sr. Principal 115 $272.68 $31,358.32 Principal 91 $229.71 $20,904.04 Sr. Sci. 2 255 $187.26 $47,752.35 Sr. Sci. 2 116 $176.02 $20,418.80 Sr. Eng. 2 77 $153.78 $11,841.43 Proj. Eng. 2 182 $136.12 $24,773.31 Proj. Sc. 1 322 $117.80 $37,930.40 Staff Sc /Eng. 3 267 $84.11 $22,457.57 Staff Sc /Eng. 1 56 $75.35 $4,219.35 CAD Design 146 $108.62 $15,858.33 Admin 3 12 $87.20 $1,046.45 Admin 2 11 $79.30 $872.28 Acounting 6 $82.43 $494.56 SUBTOTAL - DSC 1,656 $239,927.18 Total DSC $239,927.18 OTHER DIRECT COSTS (ODCs): Mileage 4,075 miles @ $0.560 per mile $2,282.00 Per Diem 15 each @ $122.00 per each $1,830.00 EDR Database Search 0 each @ $350.00 per each $0.00 Postage, Shipping and Signed Delivery 0 each @ $120.00 per each $0.00 Color Copies (8 -112" x 11 ") 0 each @ $0.50 per each $0.00 Color Copies (22" x 34 ") 0 each @ $4.00 per each $0.00 0 each @ $0.00 per each $0.00 0 each @ $0.00 per each $0.00 Laboratory Tests 0 each @ $0.00 per each $0.00 0 each @ $0.00 per each $0.00 0 each @ $0.00 per each $0.00 SUBTOTAL - ODCs $4,112.00 SUBCONSULTANT COSTS: Survey $22,785 Cultural $12,100 $34,885.00 SUBTOTAL - SUBCONSULTANT COSTS GRAND TOTAL - ESTIMATED FEE: $278,924.18 Exhibit-E2-Detailed Labor Hour, By Job Classification 1 EXHIBIT E2 DETAILED LABOR HOUR BY TASK Quinault South Shore Road MP 1.2 Mitigation Project Jefferson County Department of Public Works GeoEngineers, Inc. WORK ELEMENT LABOR HOURS TOTAL LABOR HOURS TOTAL BURR COST (FULLY BURDENED) SURVEY CULTURAL BUDGET BY TASK CLASS Sr. PrYdpel Prawn Sr.Sd.2 Sr. Sd.2 Sr.Ery.2 N.Fup.2 Prq. Sc.1 srdl SaErg.3 WSdErp.1 CAD Daalg, AANn2 AANn2 Ca�tab Aauuntlry STAFF NAME was Fdara Affba Si star Ng CaaJkrW smrr WOW MdrW Huilm Nash Ortmr Rn4sY TOTAL EXPENSES TOTALLABOR COST TOTAL EXPENSES TOTAL LABOR TOTAL EXPENSES TOTAL LABOR TOTAL EXPENSES GRAND I TOTAL Fully Burdened Rate s27zea 8228.7$ $181.26 $ileA2 $153.79 $$39.12 $117.89 $u.11 (76.35 $1$9.92 19110 $79.30 $ta.0 $92.43 1 REFINE CONCEPTUAL DESIGN (15 %PLANS) 1.1 Site Visit 10 10 10 10 10 50 $7,979.69 $1,170.00 $7,979.69 $1,170.00 $2,355.93 $0.00 $5,479.57 $0.00 $6,864.01 $0.00 $0.00 50.00 1.2 Geomorphic Evaluation 20 20 $2,355.93 1.3 Biologic Review 5 10 20 35 $5,479.57 1.4 Update Concept and Plans 8 8 8 12 10 46 $6,864.01 1.6 Project Meetings 0 $0.00 Total: REFINE CONCEPTUAL DESIGN (15% PLANS) 23 0 18 10 0 18 50 22 0 10 0 0 0 0 151 $22,67920 $1,170.00 $22,67920 $1,170.00 523,84920 2 TOPOGRAPHICBATHYMETRIC !RIGHT- OF- WAY SURVEY 2.1 Subcontractor Coordination 6 6 $1,123.58 $290.00 $22,785.00 $1,123.58 $0.00 $1,872.64 $290.00 $22,785.00 $0.00 2.2 Site Walk with Surveyor 10 10 $1,872.64 2.3 Site Survey (Sub) 0 $0.00 Total: TOPOGRAPHICBATHYMETRIC SURVEY 0 0 16 0 0 0 0 0 0 0 0 0 0 0 16 $2,99623 $290.00 $22,785.00 $0.00 $25,78123 $290.00 526,07123 3 HYDRAULIC MODELING 3.1 Proposed Conditions Modeling and Output 5 1 24 4 33 $4,080.63 $4,080.63 $0.00 Total: HYDRAULIC MODEL DEVELOPMENT 0 0 5 0 0 0 24 0 0 0 0 4 0 0 33 $4,080.63 $0.00 $0.00 $0.00 $4,080.63 $0.00 $4,080.63 4 CULTURAL RESOURCES INVENTORY AND REPORT 4.1 Subcontractor Coordination 6 6 $1,056.14 $12,100.00 $1,056.14 $0.00 $0.00 $0.00 4.2 Cultural Resource Inventory and Reporting (Sub) 0 $0.00 Total: CULTURAL RESOURCES INVENTORY AND REPORT 0 0 0 6 O 0 0 0 0 0 0 0 0 0 6 $1,056.14 $0.00 $O.DO $12,100.00 $13,156.14 $0.00 $13,156.14 5 IMPACT ANALYSIS OF PROJECT AREA 5.1 Wetlands Delineation and Reporting 1 8 40 40 89 $9,406.55 $824.00 $9,406.55 $824.00 $3,332.70 $0.00 $3,952.83 $0.00 5.2 Fish and Wildlife Impast Assessment 1 4 20 25 $3,332.70 5.3 Reporting 2 16 16 4 38 $3,952.83 Total: IMPACT ANALYSIS OF PROJECT AREA 4 0 0 12 0 0 76 0 56 0 0 4 D 0 152 $16,692.08 $924.00 SO.D0 $0.00 $16,692.08 $824.00 517,516.08 6 ENGINEERING AND ANALYSIS FOR STRUCTURES DESIGN AND CONSTRUCTABILITY 6.1 Geotechincal Analysis 24 24 $3,690.84 $290.00 $3,690.84 $290.00 $9,627.19 $0.00 $5,853.31 $0.00 $4,613.54 $0.00 $4,086.95 $0.00 62 Hydraulic and Dewatering Analysis 8 12 16 40 76 $9,627.19 6.3 Structural Analysis 16 16 32 $5,853.31 6.4 Shoring Analysis 30 30 $4,613.54 6.5 1 Risk Assessment 4 16 20 $4,086.95 Total: ENGINEERING AND ANALYSIS FOR STRUCTURES DESIGN AND CO 4 24 28 0 54 32 0 40 0 0 0 0 0 0 182 $27,811.83 $290.00 $0.00 $0.00 $27,871.83 $290.00 $28,161.83 7 30% DESIGN PLANS AND BASIS OF DESIGN REPORTING 7.1 30% Plan Set 8 8 16 16 16 36 100 $14,449.31 $14,449.31 $0.00 $6,869.38 $0.00 $8,117.29 $0.00 7.2 JARPA Drawings 8 30 10 10 58 $6,869.38 7.3 Basis of Design 4 20 10 20 3 57 $8.117.29 Total: 30% DESIGN PLANS AND BASIS OF DESIGN REPORTING 12 8 36 8 0 26 30 46 0 46 0 3 0 0 215 $29,435.97 $0.00 $0.00 $0.00 $29,435.97 $0.00 529,435.91 8 PREPARE ENVIRONMENTAL DOCUMENTATION 8,1 Pre - Application Meeting 8 8 $1,408.19 $42.00 $168.00 $1,408.19 $42.00 $0.00 50.00 $5,402.54 $0,00 $2,821.75 $0.00 $2,821.75 $0.00 $12,266.90 $168.00 $3,764.12 $0.00 8.2 Environemtnal Documentation 0 $0.00 8.2.1 Environmental Classification Summary Form 24 10 34 $5,402.54 8.2.2 ESA Consultation 8 12 7.0 $7.,$2$75 8.2.3 SEPA Checklist 8 12 20 $2,821.75 8.2.5 Biological Assessment 8 80 10 4 102 $12,266.90 8.2.6 JARPA Submittal 8 20 28 $3,764.12 Total: PREPARE ENVIRONMENTAL DOCUMENTATION 0 0 0 64 0 0 134 0 1 0 1 10 4 1 0 1 0 1 0 212 $28,48525 $210.00 $0.00 $0.00 $28,48525 $210.00 $28,69525 Exhibit-E2-Detailed Labor Hour, By Task EXHIBIT E2 DETAILED LABOR HOUR BY TASK Quinault South Shore Road MP 1.2 Mitigation Project Jefferson County Department of Public Works GeoEngineers, Inc. WORK ELEMENT LABOR HOURS TOTAL LABOR HOURS TOTAL LABOR COST (FULLYBURDENED) SURVEY CULTURAL BUDGET BY TASK CLASS Sr RYiapl pry Sr. Sd.2 Sr Sd 2 Sr rip 2 ProjEa.2 "a..1 SW SdErq 3 SMSdEg.1 CAD Dial A4Mn3 Mmin2 Canssrb Aaaosnep STAFF NAME W%M Fdm A„eroaa sere Saar No co�s,d. Sniai W,bM Michaud Fin Nub D*- P** TOTAL EXPENSES TOTALLABOR COST TOTAL EXPENSES TOTAL LABOR TOTAL EXPENSES TOTAL LABOR TOTAL EXPENSES GRAND TOTAL Fully Burdened Raft $m.e8 820431 $18726 $178.02 $153.78 $133.12 $117.ao $84.11 $75.35 $106.62 $8720 $711.30 $104.12 $$243 9 PREPARE DESIGN PLANS 9.1 90% Design 14 15 23 0 16 50 0 87 D 59 0 0 0 0 264 $34,562.88 $0.00 $432.00 $0.00 $3,016.20 $0.00 $3,254.37 $0.00 $13,714.41 $0.00 $2,880.90 $0.00 $6,514.23 $0.00 $1,222.10 $0.00 52,30839 $0.00 $1,220.28 $0.00 $0.00 $432.00 $0.00 $2,892.04 $619.26 $0.00 $6,409.36 $0.00 $1,019.64 $0.00 $4,563.67 $0.00 $3,656.17 $0.00 $2,839.83 $0.00 $1,134.27 $0.00 9.1.1 Vicinity Map 1 1 1 3 $432.00 9.11 Summary of Quantities 2 1 3 5 8 3 1 22 $3,016.20 9.1.3 Site Plan 2 2 2 6 10 2 24 $3,254.37 9.1.4 Structure Sheets 2 5 8 12 12 45 30 114 $13,714.41 9.1.5 Shoring Detail 2 1 1 4 0 12 20 $2,880.90 9.1.6 Details 8 Notes 2 2 3 20 20 5 52 $6,51413 9.1.7 Planting Plan 2 1 2 2 7 $1,222.10 9.1.8 TESC Plan 2 2 3 2 3 2 14 $2,308.39 9.1.9 Traffic Control Plan 2 1 2 1 2 8 $1,220.28 92 100% Design 6 14 31 0 7 40 8 40 0 21 0 0 0 167 $23,766.25 91.1 Vicinity Map 1 1 1 1 3 $432.00 921 Summary of Quantities 1 4 2 4 8 1 20 $2,892.04 91.3 Site Plan 2 1 1 4 $619.26 92.4 Structure Sheets 1 4 8 16 8 8 45 $6,409.36 91.5 Shoring Detail 1 4 2 7 $1,019.64 92.6 Details 8 Notes 1 4 4 2 8 12 2 33 $4,563.67 91.7 Planting Plan 2 8 4 8 3 25 $3,856.17 92.8 TESC Plan 1 1 4 1 4 8 2 21 $2,839.83 91.9 Traffic Control Plan 1 1 2 4 1 9 $1,134.27 Total: Prepare Design Plans 20 29 54 0 23 90 8 1 127 0 1 80 0 0 0 1 0 431 1 $58,329.12 $58,329.12 $O.DO $58,329.12 10 1 PREPARE SPECIFICATIONS & COST ESTIMATES 10.1 90% Technical Specifications and Cost Estimate 2 15 8 1 16 49 $7,923.90 $7,923.90 $0.00 $7,923.90 $0.00 10.2 1100% Technical Specifications and Cost Estimate 2 15 8 1 8 16 49 $7,923.90 Total: Prepare Specifications & Cost Estimates 4 30 16 1 0 1 0 16 0 32 0 0 0 0 0 0 98 $15,847.81 $15,647.61 $0.00 $15,847.81 11 PROJECT COORDINATION, MANAGEMENT dOUTREACH 11.1 Management 8 30 6 44 $8,293.93 $1,328.00 $8,293.93 $0.00 $21,911.83 $1,328.00 11.2 Meetings 40 40 16 8 104 $21,911.83 Total: Project Coordination, Management & Outreach 48 0 70 16 0 0 0 0 0 0 8 0 0 6 148 $30,205.75 $1,328.00 $30,205.75 $1,328.00 F $31,533.75 12 PROVIDE MONTHLY STATUS REPORTS 12.1 Status Reporting 12 12 $2,247.17 $2,247.17 $0.00 $0.00 $0.00 12.2 0 $0.00 Total: Provide Monthly Status Reports 0 0 12 0 0 0 0 0 0 0 0 0 0 0 12 $2,247.17 $0.00 $2,247.17 s0.00 $2,247.17 TOTAL LABOR HOURS AND COST 115 91 255 116 77 162 322 267 56 146 12 11 0 6 1656 $239,927.18 $4,112.00 $22,785.00 $0.00 $12,100.00 $0.00 $274,812.16 $4,112.00 $278,924.18 Exhibit-E2-Detailed Labor Hour, By Task Adolk Washington State Department of Transportation Lynn Peterson Secretary of Transportation September 19, 2013 Michael C. McGranahan, Corporate Financial Manager GeoEngineers, Inc. 8410 154th Ave NE Redmond, WA 98052 -3800 Re: GeoEngineers, Inc. Indirect Cost Rate Schedule Fiscal Year End December 31, 2012 Dear Mr. McGranahan: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504 -7300 360- 705 -7000 TTY:1- 800- 833 -6388 www.wsdot.wa.gov We are accepting the Indirect Cost Rate for FYE December 31, 2012, as prepared by GeoEngineers, Inc. Based on our risk assessment for this firm, we are issuing this letter of review establishing GeoEngineers, Inc. Indirect Cost Rate for the fiscal year ending December 31, 2012, at 213.73% of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and /or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). If you, or any representatives of GeoEngineers, Inc., have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705 -7003. Sincerely, _ -^ A Azy" Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File GeoEngineers, INC. Indirect Cost Rate Schedule For year end December 31, 2012 References GeoEngineers Adjustments A Fringe benefits associated with labor deemed unallowable per 48 CFR 31.201- 6(eX2), in the amount of $144,572. B Unallowable bonuses per 48 CFR 31.205 -6(f), in the amount of 5753,566. C Unallowable marketing activities per 48 CFR 31.205- 1,14,38 and 41, in the amount of $335,178. D Idle facilities unallowable per 48 CFR 31.205 -17, In the amount of $149,809; Direct project costs unallowable per 48 CFR 31.202(8), In the amount of $3,554. E Idle facilities unallowable per 48 CFR 31.205 -17, In the amount of $739. F Expenses associated with collection unallowable per 48 CFR 31.205 -33, in the amount of $6,761. G Costs not applicable to 2012 per 48 CFR 31.204(a), in the amount of $2,455. H Vehicle costs unallowable per 48 CFR 31.201.2(d), in the amount of $150,188; Direct project costs unallowable per 48 CFR 31.202(a), in the amount of 52,504; Excess per -diem unallowable per 48 CFR 31.205-48, In the amount of $4,744; Marketing costs unallowable per 48 CFR 31.205 -1, 14 38 and 41, in the amount of 56,267; Memberships In Civic Organizations unallowable per 48 CFR 31.205- 1(fX7), in the amount of $1,209; Cost Is not reasonable per 48 CFR 31.201 -2(aXt ), in the amount of $5,106; Trade show expenses unallowabte per 48 CFR 31.2054(f)(2), In the amount of $536; 1 Dues to social clubs unallowable per 48 CFR 31.205- 1(fX7), 31.205.14; Lobbying unallowable per 48 CFR 31.205 -22, In the amount of $10,346; Memberships in civic and community organizations unallowed and Marketing costs unallowed per 48 CFR 31.205- 1(fX7) and 48 CFR 31.205 -1, 14, 38, 41, in the amount of $78,251. J Depreciation related to idle facilities unallowed per 48 CFR 31.205 -17, in the amount of $8,715; Depreciation on vehicles unallowed per 48 CFR 31.201 -2(d), In the amount of $4,769. K Bad debts unallowable per 48 CFR 31.205 -3, In the amount of $106,608. L Legal costs incurred with lawsuit defense unallowable per 48 CFR 31.205-47 (f) (5XA), in the amount of $25,000; Direct project costs unallowable per 48 CFR 31.202(a), in the amount of $5,037; Acquisition and Organization costs unallowable per 48 CFR 31.205- 27(a), Total Reference % of IIS Adjustments For Allowable Direct FAR Key Costs To Reported Adjustments Costs Labor Reference Direct Labor S 11,253,896 S 13,541 V $ 11,267,437 100% 22.101 Indirect Cost Fringe Benefits 1 Payroll Taxes S 1,857,611 S (144,572) A S 1,713,039 152o% 31.205 -6, 41 2 Group Insurance 2,211,088 0 2,211,088 19.62% 31.205 -6 3 Workers Compensation 128,740 0 128,740 1.14% 31.205 4 Vacation, Holiday and Sick Pay 2,608,466 0 2,608,466 23.15% 31.205 -6 5 Profit Sharing and 401(k) Contributions 701,611 0 701,611 623% 31.205 -6 6 Bonuses and Severance 2,313,549 (797,069) B 1.516,479 13.46% 31.205 -6 Total Fringe Benefits $ 9,821,064 $ (941,641) $ 8,879,423 78.81% General Overhead 7 Non - Billable Labor S 4,436,480 S 4.436,479.6 39.37% 31.205- 6, 44 8 Bid & Proposal Labor 954,143 954,143 8.47% 31.205 -18 9 Direct Selling Labor 2,382,069 $ (335,178) C 2,046,890 16.17% 31.205 -1, 38 10 Office Rent 8 Maintenance 2,404,096 (157,564) D 2,246,532 19.94% 31.205 -36 11 Telecommunications 425,725 (739) E 424,966 3.77% 31.201 -1, 2, 3 12 Bus. Taxes & Other than Federal 647,193 (6,761) F 640,433 5.68% 31.205 -41 13 Stationery and Supplies 257,406 (2,455) G 254,952 2.26% 31.205 -13, 43 14 Administrative Travel 553,291 (180,606) H 372,684 331% 31.205 -46 15 Professional Dues, Meetings & Proposals 415,493 (88,597) 1 326,896 2.90% 31.205 -18, 43,46 16 Depreciation 432,322 (13,484) J 418,838 3.72% 31.205 -11 17 Equipment Rental & Maintenance 293,507 293,507 2.60% 31.205 -36 18 Bad Debt 106,608 (106,608) K 0.00% 31.205 -3 19 Professional Consultants 637,465 (75,335) L 562.130 4.99% 31.205 -33 20 Business Development/Marketing and Proposals 370,250 (271,218) M 99,033 0.88% 31.205 -14, 18, 38, 46 21 Reld and Laboratory Supplies 154,468 21,167 N 175,635 1.56% 31.205 -13, 26 22 Insurance 1,571,311 (868,52B) O 702,782 6.24% 31.205 -19 23 Computer Maintenance and Software 975,850 975,850 8.88% 31.201 -1, 2, 3 24 Recruiting and Relocation 392,975 (158,005) P 234,969 2.09% 31.205 -34 25 Amortization of Goodwill 24,789 (24,789) O 0.00% 31.205 49 26 Contributions 36,387 (36,387) R 0.00% 31.205 -8 27 Fines/Penalties/Unallowable 5,951 (5,951) S 000% 31.205 -15 28 Computer Technology Offset (1,288,442) 1,288,442 T 0.00% 31.205 -26 Total General Overhead $16,189,338 S(1,022,596) $ 15,166,741 134.61% Total indirect Costs $26,010,402 $(1,964,238) S 24,046,164 213.41% 29 Facilities Capital Cost of Money $ 35,706 U $ 35,706 0.32% 31.205 -10(a) Indirect Cost Rate (Includes FCC) $ 24,081,870 213.73% GeoEngineers - Accepted 09119113 M!P "Overhead Rate still subject to 11,SDOT Audit" References GeoEngineers Adjustments A Fringe benefits associated with labor deemed unallowable per 48 CFR 31.201- 6(eX2), in the amount of $144,572. B Unallowable bonuses per 48 CFR 31.205 -6(f), in the amount of 5753,566. C Unallowable marketing activities per 48 CFR 31.205- 1,14,38 and 41, in the amount of $335,178. D Idle facilities unallowable per 48 CFR 31.205 -17, In the amount of $149,809; Direct project costs unallowable per 48 CFR 31.202(8), In the amount of $3,554. E Idle facilities unallowable per 48 CFR 31.205 -17, In the amount of $739. F Expenses associated with collection unallowable per 48 CFR 31.205 -33, in the amount of $6,761. G Costs not applicable to 2012 per 48 CFR 31.204(a), in the amount of $2,455. H Vehicle costs unallowable per 48 CFR 31.201.2(d), in the amount of $150,188; Direct project costs unallowable per 48 CFR 31.202(a), in the amount of 52,504; Excess per -diem unallowable per 48 CFR 31.205-48, In the amount of $4,744; Marketing costs unallowable per 48 CFR 31.205 -1, 14 38 and 41, in the amount of 56,267; Memberships In Civic Organizations unallowable per 48 CFR 31.205- 1(fX7), in the amount of $1,209; Cost Is not reasonable per 48 CFR 31.201 -2(aXt ), in the amount of $5,106; Trade show expenses unallowabte per 48 CFR 31.2054(f)(2), In the amount of $536; 1 Dues to social clubs unallowable per 48 CFR 31.205- 1(fX7), 31.205.14; Lobbying unallowable per 48 CFR 31.205 -22, In the amount of $10,346; Memberships in civic and community organizations unallowed and Marketing costs unallowed per 48 CFR 31.205- 1(fX7) and 48 CFR 31.205 -1, 14, 38, 41, in the amount of $78,251. J Depreciation related to idle facilities unallowed per 48 CFR 31.205 -17, in the amount of $8,715; Depreciation on vehicles unallowed per 48 CFR 31.201 -2(d), In the amount of $4,769. K Bad debts unallowable per 48 CFR 31.205 -3, In the amount of $106,608. L Legal costs incurred with lawsuit defense unallowable per 48 CFR 31.205-47 (f) (5XA), in the amount of $25,000; Direct project costs unallowable per 48 CFR 31.202(a), in the amount of $5,037; Acquisition and Organization costs unallowable per 48 CFR 31.205- 27(a), GeoEngineers, INC. Indirect Cost Rate Schedule For year end December 31, 2012 in the amount of $30,776; Expenses associated with collection unallowable per 48 CFR 31205 -33, In the amount of $5,929; Unallowable mafketing activities per 48 CFR 31.205 -1, 14 & 38, in the amount of $8,594. Vehicle allowance unallowable per 48 CFR 31.205.6(mX2), In the amount of $24,684; Entertainment unallowable per 48 CFR 31.205 -14, in the amount of $48,268; Trade show expenses unallowable per 46 CFR 31.205- 1(fX2), In the amount of $9,776; Unallowable marketing activities per 48 CFR 31.205 -1, 14 8 38, in the amount of $173,698; Advertising unallowable per 48 CFR 31.205- 38(bX1), in the amount of $14,792. Allowable field equipment costs per 48 CFR 31.203(d), in the amount of $21,167 Unallowable key person life Insurance per 48 CFR 31,205- 19(eX2Xv), in the amount of $33,609. Local meals unallowable per CFR 31.205 -14, in the amount of $126,297; Imprinted Clothing unallowable per 48 CFR 31.205-1(d), in the amount of $11,757; Contributions unallowable per 48 CFR 31.205 -8, in the amount of $10,939; Alcoholic beverages unallowed per 48 CFR 31.205.51, In the amount of $1,066; Memberships In dining organizations unallowed per 48 CFR 31.205.14, In the amount of $3,900; Marketing costs unallowed per 48 CFE 31.205 -1, 14, 38 and 41, in the amount of $2,807 Goodwill and intangible asset amortization unallowable per 48 CFR 31.205 - 11,205 -49, in the amount of 24.789. Contributions unallowable per 48 CFR 31.205 -8, in the amount of $36,387. Penalties unallowable per CFR 31.205- 15(a), In the amount of $5,951. Allowable computer technology costs per 48 CFR 31.203(d), in the amount of $1.288,442. Costs of money adjustment per 48 CFR 31.205- 10(a), in the amount of $35,706. Uplift Pay directly associated with Projects 48 CFR 31.202 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: In reference to: Exhibit A -1 — Architectural & Engineering (A &E) Scope of Work Task 2 — TopographicBathymetric /Right -of -Way Survey — Wilson Engineering Task 4 — Cultural Resources Inventory and Report — Lithic Analysts Quinault South Shore Rd MP 1.2 Mitigation Project Page 15 Standard Consultant Agreement with Exhibits Revised 12/30/2013 EXHIBIT G -2 SUBCONSULTANT FEE DETERMINATION - SUMMARY SHEET (Specific Rates of Pay) Wilsons Engineering, LLC Discipline of Job Title Hourly Rate Overhead @ 180.62 Profit @ 30% Rate Per Hour Senior PLS $37.50 $67.73 $11.25 $116.48 Hydrographer $37.50 $67.73 $11.25 $116.48 Senior Right -of -Way Tech. $27.00 $48.77 $8.10 $83.87 Senior Field Survey Tech. $21.50 $38.83 $6.45 $66.78 Senior CAD Tech $27.00 $48.77 $8.10 $83.87 CAD Tech $21.50 $38.83 $6.45 $66.78 *2- Person Hydro Crew $59.00 $106.56 $17.70 $183.26 *2 Person Hydro Crew is composed of one Hydrographer (or Senior PLS) and one Senior Field Survey Tech. Quinault South Shore Rd MP 1.2 Mitigation Project Exhibits G -2 N IL U _z FE W w z 0 z W L c I 0 I aL LL 0 C) C) It o v o ti ti (r) . o 0 0 0 0 0 0 64 O O O Co M Co m O r- (D V M 64 V W ER 69 69 00 N O N f` , O) Cl) 00 00 LO (D O O N 69 _ 69 64 469. N 69 GS w tr) H U 69 60 69 EA 69 fA 64 V9 r N V? CL ;a o°° o 0 0 0 0 0 0 0 °° o 0 0 0 0 0 0° = O° N O (D � O V CD U) N N° 0 0 0 0 0 0 0 m L N p O O Cl J U) O U') M O O U � _O z E 7 z ° o ° (s N C O 0 O CL d > D 0 x o _ L O (fj d N y) r d �, U 41 � (n (D > L O 64 M m N m al a L c a o d ` 3 x° °. O O O O O o 0 0 0 0 > 0 � N O O � cD � O ui N ° �_ qm C2 N m C m 0 O O O O O Nt 00 — — � N C) C) C d L 0 O O co U-) W to y T- LO Lo N d Cl) 69 t � i ° o o CO 6 N (D CD (D bq m m z V ` J 2 O O d a N a co ('7 ('7 M p d 69 a a Im z -j C) oP: tn0 =a O U. - o LO Up av a (19 69 } Z N W (n 0 W M Li N N Q N c cn S W L v, x Q Q T N N M U C N N (D O O H Z U W m a j O L O L O O O O) 'O 16 l0 W cl H ( V cn co I- m 0 o CL H H N IL U _z FE W w z 0 z W L c I 0 I aL LL a> (9 tl Z_ W W Z_ CD Z W Z O J ► G N t I C 0 I a� aL LL O 00 � r- r- V 0 0 0 0 0 rl- (D O O V 0 0 0 0 v E9 CD O CM D CD M E9 E,9 ER EA EH O M 69 N O EA fA fA fl O l6 N V ti O r N O O 6- N Oy E9 69 EA 69 N m li a r o o° o 0 0 0 0 0 0 0 °. 0 0 0 0 0 0 0 0° 0= O N N CV C0 ,1: O O O O O N 00 6 6 0 6 6 0 0 00 L N y a� 0 O O N J j O It E .� O � N O 3 O ci N N FYl Z E Z ° o o E» N C O O Oy a > = o Co CD co cn 00 N n a1 V al 0 ch = O O O Cfi a1 ate+ c^O t a C y y; 2 O O O O C? ao O a V N Ci oo v N v ++ N T 7 as C O g U = O O � �7 N V: ~ 00 Q) W C O O C V = O O O LLJ N N N V O d m co Cfi L � CL .a 2 O O O to E m ap Z V i J 2 O O N a a CV CV Cl) N o ar ca M a v� D O a F-� 0 coo = a a m � LO O LL U `° ° LO U U Q is g _ X X } Z H N @ o "O a i W N W N m U ai C n C C1 > Q °° N - c X X W Y �� 0 w u, as E �N y N F- 0 W O O Cl) (n � o M Q c a� 2 U W N mv > o > o o co Q « r W r- Q) n n o H H U 0- Q a> (9 tl Z_ W W Z_ CD Z W Z O J ► G N t I C 0 I a� aL LL Adolk Washington State wo Department of Transportation Lynn Peterson Secretary of Transportation July 17, 2014 Wilson Engineering, LLC 805 Dupont Street, Suite 7 Bellingham, WA 98225 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504 -7300 360 - 705 -7000 TTY .,1 -800- 833 -6388 www.wsdot.wa.gov Subject: Wilson Engineering, LLC — Provisional Indirect Cost Rate Dear: Mr. Andy Law: We have agreed to a provisional Indirect Cost Rate (ICR) of 180.62% for your firm. This ICR shall be effective July 25, 2014 until 180 days following your FYE14 closing date. At that time, your firm will need to complete a more in -depth desk review by our Internal Audit Office. This rate will be applicable to all WSDOT agreements including Local Agency contracts. Costs billed to agreements will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to call me at (360) 705 -7106 or via email consultantratesawsdot.wa.gov. Regards; ERIK K. JONSON Manager, Consultant Services Office EKJ Direct Labor Wilson Engineering Overhead Schedule Fiscal Year Ended December 31, 2013 Financial Wilson Statement Engineering Accepted Description Amount Adj. WSDOT Adj. Ref. Amount $753,076 $753,076 100.00% Indirect Costs: Fringe Benefits Vacation Pay (PTO) 146,020 $146,020 19.39% Sick Pay (see PTO) 0 $0 0.00% Holiday Pay (see PTO) 0 $0 0.00% Payroll Taxes 114,953 $114,953 15.26% Health Insurance 141,999 141,999 18.86% Workers' Comp. Insurance 8,011 8,011 1.06% Profit Sharing 102,332 102,332 13.59% Severance 0 0 0.00% Fringe Benefit Adjustment 0 ($2,250) P (2,250) -0.30% Total Fringe Benefits $513,314 ($2,250) $0 Ts- 11,065 67.86% General Overhead Indirect Labor 405,690 A $405,690 53.87% Labor Variance (Uncomp OT) S $0 0.00% Bid & Proposal Labor 90,623 $90,623 12.03% Advertising Labor 500 (500) est.,1 $0 0.00% Public Relations Labor 5,000 (5,000) est.,1 $0 0.00% Direct Selling Labor 0 $0 0.00% Incentive Bonus 25,400 R $25,400 3.37% Rent 82,350 $82,350 10.94% Maintenance & Repairs 4,399 U $4,399 0.58% Automobile 11,057 C,Q $11,057 1.47% Travel 3,463 C $3,463 0.46% Travel - Meals 1,118 C $1,118 0.15% Insurance 43,915 E $43,915 5.83% Telephone 14,949 (943) V $14,006 1.86% Utilities 0 $0 0.00% Taxes & Licenses 53,486 (9,480) F $44,006 5.84% Depreciation & Amortization 22,635 G $22,635 3.01% Dues & Subscriptions 8,032 $8,032 1.07% Employee Train/Recruit/Moving 1,992 $1,992 0.26% Advertising 3,571 (3,571) N $0 0.00% Public Relations Expense 9,802 (9,802) NJ $0 0.00% Direct Selling Expenses 0 $0 0.00% Professional Fees 9,503 $9,503 1.26% Interest 770 (770) L $0 0.00% Computer 29,733 $29,733 3.95% Supplies & Miscellaneous 51,218 M $51,218 6.80% Total General Overhead $879,206 ($30,066) $0 $849,140 112.76% Wilson Engineering Overhead Schedule Fiscal Year Ended December 31, 2013 Financial Wilson Statement Engineering Accepted Description Amount Adj. WSDOT Adj. Ref. Amount Total Indirect Costs & Overhead Indirect Cost Rate (Less FCC) Facilities Cost of Capital Indirect Cost Rate (Includes FCC) $1,392,520 ($32,316) $0 184.91% 180.62% $1,392,520 ($32,316) $0 Wilson Engineering LLC - In Process "Indirect Cost Rate still subject to WSDOT Audit" References Wilson Engineering LLC Adjustments: $1,360,204 180.62% 180.62% $0 0.00% $1,360,204 180.62% A No Excess executive compensation given. B No idle capacity C Lodging, meal, and mileage rates comply with federal travel regulation unallowable per 48 CFR 31.205- 46(a)(2). D Inadequate supporting documentation unallowable per 48 CFR 31.201 -2(d). E No Key person life insurance. F Unallowable taxes and licenses per 48 CFR 31.205 -41. G Amortization of goodwill not included. H Costs of memberships in civic and community organization unallowable per 48 CFR 31.205- 1(f)(7). I Public relations and advertising unallowable per 48 CFR 31.205 -1. J Entertainment unallowable per 48 CFR 31.205 -14. K No Legal Costs in relation to litigation. L Interest unallowable per 48 CFR 31.205 -20. M Contributions not included. N Promotional Marketing unallowable per 48 CFR 31.205 -1 and 31.205 -38. O Unsupported direct selling costs, no documentation available to demonstrate and support "person to person" selling unallowable per 48 CFR 31.205- 38(b)(5). P Fringe Benefit adjustment; directly associated cost to unallowable advertising, public relations and direct selling labor unallowable per 48 CFR 31.201 -6(a). Q Auto: Fuel and Maintenance costs R Bonus payments. S No uncompensated overtime labor. U Equipment Maintenace and Repairs. EXHIBIT G-2 SUBCONSULTANT FEE DETERMINATION - SUMMARY SHEET (Specific Rates of Pay) Lithic Analysts Discipline of Job Title Hourly Rate Overhead @ Profit @ 30% Rate Per 180.62 Hour J. Jeffrey Flenniken - - - $135.00 Pam Trautman - - - $70.00 Quinault South Shore Rd MP 1.2 Mitigation Project Exhibits G -2 LITHIC ANALYSTS July 31, 2014 GeoEngineers, Inc. 8410 154th Avenue NE Redmond, WA 98052 To Whom It May Concern: I am a small consulting firm consisting, for the most projects, two individuals. As a small company, we do not have an audited overhead rate. Our lowest full burdened hourly rates are $135.00 for J. Jeffrey Flenniken, Ph.D., and $70.00 for Pam Trautman, B.S. Sincerely, J. Jeffrey Flenniken, Ph.D. Lithic Analysts PO Box 2466 Silverthorne, CO 80498 970 - 389 -9798 lithicwaalysts@turbonet.com PO Box 2466, Silverthorne, CO 80498 • 403 73r11 Ave NE, Olympia, WA 98506 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 a sub - 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 (FHWA) 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 FHWA 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 FHWA 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, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the 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. Quinault South Shore Rd MP 1.2 Mitigation Project Page 16 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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. Quinault South Shore Rd MP 1.2 Mitigation Project Page 17 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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 I - Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the 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. The agency is to provide H &LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. Quinault South Shore Rd MP 1.2 Mitigation Project Page 18 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step S - Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Quinault South Shore Rd MP 1.2 Mitigation Project Page 19 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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 FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer, if the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After 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. Quinault South Shore Rd MP 1.2 Mitigation Project Page 20 Standard Consultant Agreement with Exhibits Revised 12/30/2013 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 - Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 - Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 - Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the 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. Quinault South Shore Rd MP 1.2 Mitigation Project Page 21 Standard Consultant Agreement with Exhibits Revised 12/30/2013 Exhibit M -1(a) Certification Of Consultant Project No. X01848 Local Agency: Jefferson County I hereby certify that I am ; QOUA A e Of \ 6 k and duly authorized representative of the firm of (GeoEngineers, Inc.). whose address is (600 Stewart Street, Suite 1700, Seattle, WA 98 101) 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); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Ci_y_�y Date Quinault South Shore Rd MP 1.2 Mitigation Project Page 22 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Name Monte Reinders (please print) Signature Date Quinault South Shore Rd MP 1.2 Mitigation Project Page 23 Standard Consultant Agreement with Exhibits Revised 12/30/2013 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 a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph I( B) of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): C-I'eo�n • 2 Name Woo-, ti e S - w Ir" JA -i of Consultant Quinault South Shore Rd MP 1.2 Mitigation Project Standard Consultant Agreement with Exhibits Revised 12/30/2013 Date Page 24 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: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such sub - recipients shall certify and disclose accordingly. Consultant (Firm): Name Wel u In e _ "� . U)--� 1 U .k-t print) N �;6� � -� -/Z- ial of Consultant Date Quinault South Shore Rd MP 1.2 Mitigation Project Page 25 Standard Consultant Agreement with Exhibits Revised 12/30/2013