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HomeMy WebLinkAbout012218_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., Public Works Director/County Engineer �y Agenda Date: Januar)(, 2018 Subject: Professional Services Consultant Agreement with PBS Engineering It Environmental for Snow Creek Road MP 0.84 Culvert Replacement, County Project No. 18020310 Statement of Issue: Professional Services Consultant Agreement with PBS Engineering Et Environmental, Inc. of Issaquah, Washington for preliminary engineering services for Snow Creek Road MP 0.84 Culvert Replacement. Analysis/Strategic Goals/Pro's Et Con's: The culvert at Snow Creek Road Milepost 0.84 is located under a 40 to 60 ft. deep earth fill which is beginning to fail at the downstream end. The preliminary engineering needs to be completed, followed by timely replacement of the culvert. Public Works plans to use County Road funds to prepare a preliminary design, utilizing consultants, and including geotechnical analysis, hydraulic analysis, land and topographical survey, engineering, and permitting. The preliminary design will be used to apply for grant funding to complete the final bid documents and construction. This consultant agreement is for the preliminary design services. Fiscal Impact/Cost Benefit Analysis: The maximum amount payable under this agreement is $102,926. This work will be paid for by the County Road Fund. Recommendation: The Board is requested to review the Professional Services Consultant Agreement with PBS Engineering Et Environmental, Inc., and have the chairperson sign all three originals. Please return two originals to Public Works. Department Contact: Mark Thurston, P.E., Project Manager, 385-9160. Reviewed By"? ho 2:Philip Morley, County Administrator Date Department 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., Public Works Director/County Engineer Agenda Date: January -2018 Subject: Professional Services Consultant Agreement with PBS Engineering Et Environmental for Snow Creek Road MP 0.84 Culvert Replacement, County Project No. 18020310 Statement of Issue: Professional Services Consultant Agreement with PBS Engineering Et Environmental, Inc. of Issaquah, Washington for preliminary engineering services for Snow Creek Road MP 0.84 Culvert Replacement. Analysis/Strategic Goals/Pro's 8t Con's: The culvert at Snow Creek Road Milepost 0.84 is located under a 40 to 60 ft. deep earth fill which is beginning to fail at the downstream end. The preliminary engineering needs to be completed, followed by timely replacement of the culvert. Public Works plans to use County Road funds to prepare a preliminary design, utilizing consultants, and including geotechnical analysis, hydraulic analysis, land and topographical survey, engineering, and permitting. The preliminary design will be used to apply for grant funding to complete the final bid documents and construction. This consultant agreement is for the preliminary design services. Fiscal Impact/Cost Benefit Analysis: The maximum amount payable under this agreement is $102,926. This work will be paid for by the County Road Fund. Recommendation: The Board is requested to review the Professional Services Consultant Agreement with PBS Engineering Et Environmental, Inc., and have the chairperson sign all three originals. Please return two originals to Public Works. Department Contact: Mark Thurston, P. E., Project Manager, 385-9160. Reviewed By'% r _- PhiFip Morley, County)Administrator Date Local Agency A &E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: PBS 2018-1 Firm/Organization Legal Name (do not use dba's): PBS Engineering and Environmental, Inc. Address Federal Aid Number 1180 NW Maple St, Suite 160, Issaquah, WA 98027 n/a UBI Number Federal TIN or SSN Number 601 152 088 93-0870218 Execution Date Completion Date Exhibit H December 31, 2019 1099 Form Required Federal Participation ❑ Yes 0 No ❑ Yes ❑i No Project Title Snow Creek Road MP 0.84 Culvert Replacement -- Preliminary Design Description of Work The work to be performed by the Consultant consists of developing and analyzing alternatives for replacement of a failing culvert at milepost 0.84 on Snow Creek Road in Jefferson County. The final deliverable will be a preliminary design report that summarizes the Consultant's findings and recommendations. Work will include geotechnical exploration and analysis, permitting feasibility analysis, hydrologic and hydraulic analysis, analysis of open -cut culvert replacement, analysis of bridge alternatives, analysis of trenchless alternatives, constructability analysis, and project management. Maximum Amount Payable: $102,926.00 Index of Exhibits Exhibit A Scope of Work Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: PBS 2018-1 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 14 RAvicati 11/n1/9n17 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the Local Agency of Jefferson County, Washington hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient sta f to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply 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: 1. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. Ill. 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 State, Federal, 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 SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: PBS 2018-1 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 14 Rpvicnrl 11 /n1 19n17 All Reports, PS&F, materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic tiles, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." 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 these SERVICES, 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 SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Mark Thurston Agency: Jefferson County Address: 623 Sheridan Street City: Port Townsend State: WA Zip 98368 Email: mthurston@co.jefferson.wa.us Phone: 360-385-9160 Facsimile: 360-385-9234 IV. Time for Beginning and Completion If to CONSULTANT: Name: Dave Segal Agency: PBS Engineering and Environmental, Inc. Address: 1180 NW Maple St., Suite 160 City: Issaquah State: WA Zip: 98027 Email: dave.segal@pbsusa.com Phone: 425-654-8775 Facsimile: 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 conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled "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, 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. Agreement Number: PBS 2018-1 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 14 Ravi.vpd avnil2n17 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT's fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject t renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E" will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fixed fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fixed fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fixed fee. Agreement Number: PBS 2018-1 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14 Rpvicpd 111n112n17 B. 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 fees of sub -consultants. Air or train travel will be reimbursed only to lowest price available, 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 WSDOT's Accounting Manual M 13-82, Chapter 1.0 — Travel Rules and Procedures, and all revisions thereto. Air, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates established in Exhibit "D," 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 SERVICES at the time of the interview. E. 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 SERVICES 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 th 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 s final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar 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. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings F. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of fina 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 AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager. Agreement Number: PBS 2018-1 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 5 of 14 RPV%CPri 111n1/7ni7 A. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest 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 this 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 this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: PBS 2018-1 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 6 of 14 Rovi-zP,i 111nfi?n17 VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d -4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter') § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public I.aw 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • 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 "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause 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 for actual hours charged at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES 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 in paragraph two (2) of this section, 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 the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE 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 SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES 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 in paragraph two (2) of this section. If it is determined for any reason that the CONSULTAN'T was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault 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. Agreement Number: PBS 2018-1 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 7 of 14 17avisprl i11nil2nl7 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES 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 SERVICES 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 completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find i desirable for its own purposes to have previously satisfactorily completed SERVICES 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 XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days 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 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". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this 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 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. X11. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Agreement Number: PBS 2018-1 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 8 of 14 Rswiea.4 111MM17 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tie, or any other persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how; copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance la , Title 51 RCW. This waiver has been mutually negotiated by the Parties. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Agreement Number: PBS 2018-1 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 9 of 14 Rp,.icpr4 1 im1i2n1 7 Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any `Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by thisAGREEMENT. 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: Name: Mark Thurston Agency: Jefferson County Public Works Address: 623 Sheridan Street City: Port Townsend State: WA Zip: 98368 Email: mthurston@co.jefferson.wa.us Phone: (360) 385-9210 Facsimile: (360) 385-9234 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSUI.TANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit 11. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third part , and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Agreement Number: PBS 2018-1 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 14 RavicP4 111n112n17 X111. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this 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 SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this 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 this 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 fina payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "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 supplemen to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only inAGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. Agreement Number: PBS 2018-1 Local AgencyABE Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14 PavinpH »in112n» XVIII. 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 AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCVS% or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY, or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information As required ander Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State s Confidential Information; and the final disposition of the State s Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and sha be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: PBS 2018-1 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14 Rpvi..cpri iTm1i7m7 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant t include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal la . If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" o otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information. XX, Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Agreement Number. PBS 2018-1 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14 Pavicind 11m117n1r For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terns, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. 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. 4" Azad Signature Signature David Sullivan, Chair Date Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Ap&[ovedt forp�: Date: J"' 7 At� Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office Agreement Number: PBS 2018-1 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14 QPvicpel I 11m17n17 Exhibit A Scope of Work PROJECT UNDERSTANDING AND APPROACH The culvert at Snow Creek Road MP 0.84 is undersized and is the cause of maintenance issues and erosion of the 45 -foot -tall roadway embankment above it. Jefferson County (CLIENT) has selected the PBS Team (CONSULTANT) to perform an alternatives analysis of possible solutions to replace the culvert. The CONSULTANT team consists of PBS and the following subconsultants: • Aspect Consulting LLC (geotechnical exploration and design recommendations) • Jacobs (trenchless technologies) • OBEC (bridge solutions) • 48 NORTH (environmental consulting) The CLIENT will separately prepare a topographic survey of the project and area and provide the survey to the CONSULTANT. The CONSULTANT will review the following culvert replacement alternatives. 1. Open -cut alternative: This solution entails shutting down the road and excavating the embankment down to the culvert location. A new culvert will be installed, the embankment replaced, and the road rebuilt. 2. Bridge alternative: This solution entails the installation of bridge abutments with a bridge deck spanning the opening. The opening could be up to 180 feet wide. 3. Trenchless alternative: This solution entails pipe ramming orjack-and-bore (auger boring) operation. A more traditional tunneling effort will be discussed with the understanding that it is probably cost prohibitive. The alternatives will be reviewed for construction cost, performance, long-term maintenance, and constructability by the project team. Permitting implications will be reviewed for each option. Though the CLIENT has been informed by Washington Department of Fish and Wildlife that the unnamed stream at Snow Creek Road MP 0.84 does not contain fish habitat in this area, the question of fish habitat will be vetted with the regulatory stakeholders. Based upon the criteria listed previously, a preferred alternative will be chosen by the project team. The process of preparing and eventually selecting the preferred alternative will be captured and described in a report. SCOPE OF WORK PBS proposes the following scope of work. Task 100. Topographic Survey CLIENT will have a topographic survey completed by a separate consultant. The topographic survey will be compiled into a Civil 3D basemap that is sufficient for the purposes of designs listed within this proposal. CONSULTANT will provide an Engineer II for an 8 -hour day to accompany the survey crew when the creek reach is surveyed. CONSULTANT will convert CLIENT -supplied survey into the basemap used by the design team. Page 1 of 10 Jefferson County Public Works Preliminary Design Report for Culvert Replacement, Snow Creek Road MP 0.84 November 13, 2017 Page 2 of 12 Deliverables: Civil 3D basemap in DWG format, 8 hours of Engineer II time to guide reach survey. Task 200. Geotechnical Explorations and Report Subtask 210. Project Management Aspect will manage their work and provide progress reports with each monthly invoice. Deliverable: Project management. Subtask 220. Field Explorations Aspect will begin with a site reconnaissance to observe site conditions and evaluate access for geotechnical explorations. We will identify the planned boring locations and call for utility locates. We will communicate with Jefferson County Public Works, who will provide traffic control support services (cones, signs, and flaggers as required) to support the drilling work near the roadway fog lines/shoulders. We will mobilize a drilling subcontractor to the site to complete up to four exploratory borings, during a two-day exploration program. The test borings will be advanced using hollow stem auger, and disturbed samples will be obtained in accordance with Standard Penetration Test (SPT) methods. All borings will be drilled from the paved roadway shoulders. Two borings will be positioned as close as possible to (approximately 10 feet clear of) the existing culvert, with one of the borings on the upstream roadway shoulder and one on the downstream roadway shoulder. These borings will be drilled and sampled to 10 feet below the culvert invert, or auger refusal on sedimentary bedrock, whichever comes first. The other two borings will both be positioned approximately 40 feet away from the culvert, one to the northeast and the other to the southwest, both along the downstream roadway shoulder. These borings will be drilled to fully penetrate existing roadway embankment fill, and will continue 10 feet into native glacial till or until auger refusal on sedimentary bedrock, whichever comes first. Deliverable: Up to four geotechnical borings. Subtask 230. Laboratory Testing and Geologic Interpretations Soil samples obtained from the borings will be placed in airtight containers and transported to Aspect's geotechnical laboratory in Seattle for further examination. Selected samples will be submitted for laboratory testing of index and engineering properties. Tests will include natural moisture content, grain size distribution, Atterberg Limits (if fine-grained cohesive soils are encountered), and Modified Proctor moisture -density relationship (compaction testing) on two composite bulk samples of auger cuttings from the embankment fill. Using the results of the field explorations and laboratory testing, we will develop interpreted geologic profiles in two dimensions: (1) along the culvert alignment (perpendicular to the road) and (2) along the roadway (perpendicular to the culvert). Deliverable: Laboratory testing and geologic profile for geotechnical report. Subtask 240. Preliminary Geotechnical Engineering Analyses Utilizing the results of the field and laboratory test data, Aspect will then conduct preliminary geotechnical engineering analyses in support of the three culvert replacement options under consideration. These preliminary analyses will be limited and not sufficient for detailed design of the preferred alternative. Page 2 of 10 Jefferson County Public Works Preliminary Design Report for Culvert Replacement, Snow Creek Road MP 0.84 November 13, 2017 Page 3 of 12 For the cut and cover replacement option, Aspect will evaluate site earthwork requirements including maximum allowable temporary cut slope inclinations, temporary shoring, foundation bearing support for a new box or arch culvert, or corrugated metal pipe (CMP) stream bypass and construction dewatering (if required), and reusability of existing soils for embankment construction or structural backfill, any buried utility impacts, structural backfill, and site restoration. For trenchless culvert installation methods, Jacobs will evaluate and provide input on the available methods of trenchless pipe installation if the initial embankment analysis is favorable. Aspect will evaluate existing embankment side slope stability as related to trenchless construction methods. It is assumed that that a required culvert/pipe diameter will be determined before these evaluations are made. For a single -span bridge option, Aspect will identify bridge foundation and abutment wall design issues and requirements. We anticipate a new bridge would likely require piles or drilled shafts that develop their axial capacities in the native glacial drift or sandstone bedrock below the stream channel bottom elevation. Deliverable: Geotechnical analysis for three options provided in electronic format. Subtask 250. Preliminary Geotechnical Engineering Report Aspect will prepare and submit a draft geotechnical engineering report presenting the result of the field explorations, laboratory testing, geologic interpretations, engineering analyses, and our preliminary conclusions and recommendations. After receiving review comments from the CLIENT or PBS on the draft geotechnical engineering report, Aspect will issue a revised geotechnical engineering report. The design and construction recommendations presented in the final report will focus on the preferred alternative. Deliverable: Preliminary Geotechnical Engineering report and final Geotechnical Engineering report, all in PDF format. Subtask 260. Meetings and Alternative Evaluation Support Aspect will provide correspondence and support, or participate in up to two workshops by conference call, based at the CLIENT's location, to assist the project team with alternative evaluation. Deliverables: Attendance at two meetings. Task 300. Biologic Fieldwork and Reporting Subtask 310. Wetland Reconnaissance and OHWM Delineation Two 48 NORTH biologists will conduct a wetland reconnaissance and waters determination in the proposed project area. The purpose of the wetland reconnaissance -level assessment will be to verify the presence or absence of wetlands downstream of the culvert, in an area that may potentially be used for staging of construction equipment, where access is available. The 48 North biologists will assess for the presence of wetlands in accordance with the current methodology of the U.S. Army Corps of Engineers (USACE) 2010 Western Mountains, Valleys, and Coast Regional Supplement (Version 2.0) and the 1987 USACE Wetlands Delineation Manual, both used and recognized by the Washington Department of Ecology (Ecology) and USACE. However, as this will be a reconnaissance -level assessment and not Page 3 of 10 Jefferson County Public Works Preliminary Design Report for Culvert Replacement, Snow Creek Road MP 0.84 November 13, 2017 Page 4 of 12 a comprehensive wetland delineation, we will not complete wetland ratings for any wetlands observed, or detailed wetland data sheets. Concurrent to our wetland assessment, an ordinary high water mark (OHWM) delineation of both banks of the stream will be completed. The 48 NORTH biologists will delineate the OHWM, extending 50 feet upstream and downstream of the culvert. Principal elements of the field assessment will include general observations of the site conditions, as well as identifying the lower and upper boundaries of the OHWM using field indicators. As part of the assessment, 48 NORTH will assess potential construction -related impacts to Endangered Species Act (ESA) -listed avian species and investigate possible work windows and/or mitigation measures that could be used to minimize these impacts to these species. Upon completion of the wetland reconnaissance and OHWM delineation, 48 NORTH will prepare a short memorandum detailing the findings. This memorandum will include a description of the aquatic resources in the project area, photographs, and vegetation observed both in the wetland and along the stream. In the Request for Qualifications, Jefferson County's Public Works stated that they had confirmed with the Washington State Department of Fish and Wildlife (WDFW) that the new stream crossing will not be required to meet fish passage requirements. CONSULTANT will aim to organize an on-site meeting with USACE, WDFW, Department of Community Development (DCD), and tribal representatives to discuss potential fish accessibility to the upper reaches of the stream after the culvert has been replaced. To minimize efforts, CONSULTANT will aim to organize this on-site meeting on the same day as 48 NORTH biologists are on site completing their field work. Deliverables: One meeting with regulators, OHWM flags, technical memo detailing biologists' findings in PDF and MS Word formats for use in the report. Subtask 320. Permit Feasibility Study 48 NORTH will develop a Permit Feasibility Study (PFS), identifying both environmental considerations during the design effort and likely permits necessary to replace the culvert under the different design alternatives. Building on our findings in the previous task, the PFS will identify likely federal, state, and local permits by name, the regulatory agency overseeing the granting of the respective permits, the technical requirements needed to obtain each permit, and the general timing of the permit reviews by each agency. In addition to the PFS, 48 NORTH will also prepare an initial permit plan in Microsoft Project. This permit plan will enable CONSULTANT to incorporate the proposed environmental permitting schedule into the greater project schedule, once a preferred alternative has been selected. Deliverable: PFS in PDF and MS Word formats; permitting portion of the ultimate construction project schedule. Task 400. Hydrologic and Hydraulic Analysis CONSULTANT will perform a hydrologic study of the contributing basin to the stream at the project crossing. Western Washington Hydrology Model (WWHM) will be used to prepare a continuous series hydrologic model that utilizes a local rain gauge for rainfall data. The model will be used to determine the following return period flows: • 2 -year • 10 -year • 25 -year Page 4 of 10 Jefferson County Public Works Preliminary Design Report for Culvert Replacement, Snow Creek Road MP 0.84 November 13, 2017 Page 5 of 12 • 100 -year CONSULTANT will utilize the Snow Creek Road Culvert Replacement Hydraulic Analysis prepared by WSE dated July 18, 2017 for background information to assist in the preparation of the hydrologic model. CONSULTANT will also perform a hydraulic study of the stream using HEC -RAS. The extents of this study will cover an area upstream of the crossing to downstream of the crossing that is deemed necessary to determine the extent of influence of the culvert. Though at this point there is an indication that this reach does not contain fish habitat, stream simulation design methodology will be used to determine the desired crossing width. Stream simulation design is the best methodology to determine the most stable crossing width. Stream simulation analysis includes: • Vertical Adjustment Profile • Bankfull Width • Streambed Mixture • Crossing Width • Extents of Stream Improvements • Ability to Pass Debris CONSULTANT will perform analysis for up to three additional different crossing widths that are smaller than the stream simulation width.. All structure sizing will at a minimum meet the requirements of the WSDOT Hydraulics Manual, current edition. Deliverables: WWHM model for the stream basin in electronic format; hydraulic model in HEC -RAS electronic format; miscellaneous spreadsheet calculations in electronic format; report text describing the effort for the ultimate report in MS Word format; various model output in PDF format for the report appendix. Task 500. Open -Cut Culvert Replacement Alternative and Earth Work Analysis CONSULTANT will prepare a 10% design for an open -cut culvert installation at the crossing and the work associated with bridge opening. This design will include the following: • Limits of excavation (culvert and bridge) • Infrastructure associated with a grading operation (haul roads, stockpiling) • Culvert selection and cross-section • Roadway reconstruction • Site restoration (culvert and bridge) • Stream restoration within limits of influence of the crossing (culvert and bridge) • Detour route CONSULTANT will prepare a cost estimation of the construction of the open -cut culvert option. The cost estimation of the grading associated with the bridge option will be included. The costs associated with the work outside of the trenchless operation itself, lay down, haul away, etc. will be included in this task. The costs associated with stockpiling excavation at a location provided by CLIENT will be part of this task. Unit costs associated with grading will be confirmed through research of relevant Bid Tabulations and with local contractors as required in a way that will not violate bidding laws. CONSULTANT will prepare text for the report section detailing the design effort associated with the work described above. Page 5 of 10 Jefferson County Public Works Preliminary Design Report for Culvert Replacement, Snow Creek Road MP 0.84 November 13, 2017 Page 6 of 12 CONSULTANT to prepare estimated construction schedule associated with this alternative to assess duration of detour, impacts to nearby property owners, and permit implications. Deliverables: 10% plan over profile of the stream with culvert, detail sheet, and miscellaneous cross-sections all in PDF format. 10% level cost estimate of items listed above in PDF format. Report section detailing design effort in MS Word format. Task 600. Bridge Alternative Subtask 610. Project Management and Meetings OBEC will oversee and coordinate engineering efforts for the bridge alternative portion of this study. All coordination with the team will occur by email or phone conference. This task also includes all invoicing and progress reports. Deliverables: General coordination, two 2 -hour phone conferences (assume up to two staff attending each, includes prep and follow-up items/notes), monthly invoices with progress report (assume 4 invoices) Subtask 620. Bridge Alternative Analysis OBEC shall develop up to three bridge alternative concepts for consideration. Alternatives to be considered will include (at a minimum) precast concrete girders and a Bailey bridge. Alternatives will also consider options to keep the road open during construction including an on-site bypass or staged construction. The preferred alternative will be selected to optimize the construction and future maintenance cost relative to the existing topography. The selected alternative shall take into account constructability, ADT and geometrics, as well as foundation, hydraulic, environmental, geotechnical, and structural requirements. This task includes required coordination with other disciplines including survey, environmental, geotechnical, hydraulics, and civil design. Once the preferred bridge alternative has been agreed upon with the CLIENT, OBEC shall develop the preferred alternative to the 10% level per WSDOT and AASHTO standards to meet the site requirements. OBEC shall develop preliminary plans of the proposed bridge alternative to the 10% level to depict the conceptual design of the structure, including foundations and superstructure elements. OBEC shall develop a preliminary Engineer's Opinion of Probable Cost for the preferred bridge alternate. Cost estimating accuracy will be in accordance with the limited (10%) design level including an appropriate contingency. Costs will be for structural items only, with remaining items being calculated in Task S00. OBEC shall prepare a brief technical memorandum to describe the preferred bridge alternative. The memo will summarize the work and briefly describe the advantages and disadvantages of a bridge at this site. This task also includes quality control (QC) checking and quality assurance (QA) of all deliverables per the OBEC quality management program (QMP), including senior QA review. OBEC shall: • Evaluate structure layouts to provide the best cost benefit (assume single span) • Evaluate multiple superstructure types (precast concrete, Bailey bridge) • Develop a Bridge Plan and Elevation (P&E), Bridge Typical Section and General Notes • Develop a preliminary cost estimate (bridge items only) • Summarize the alternatives analysis to be included in the Preliminary Design Report • Perform QC/QA of deliverables in accordance with OBEC's QMP Page 6 of 10 Jefferson County Public Works Preliminary Design Report for Culvert Replacement, Snow Creek Road MP 0.84 November 13, 2017 Page 7 of 12 Deliverables: Preliminary span length and geometry to Civil Engineer, preliminary design loads to Geotechnical Engineer, two 11x17 plan sheets (PDF): (1) ME and typical section; and (2) general notes, cost estimate (PDF and Excel), short narrative (Word doc) of bridge alternative (2 pages max), including summary of evaluation, plan sheets and cost estimate, QA documentation retained in file (submitted if/when requested) Task 700. Trenchless Alternative Jacobs will provide a geotechnical peer review and develop three alternative trenchless options for replacement of the existing culvert. The three trenchless options will include consideration of pipe ramming and jack and bore (auger boring) with two different diameters (for a total of three options). A tunneling effort will be evaluated at a high level with the understanding that it is probably cost prohibitive. Jacobs will attend two teleconference design team meetings and will provide coordination with the design team for developing three trenchless options (diameters and construction methods) to bring forward to 10% level design and cost estimation. Jacobs will provide 10% design information and provide 10% construction cost estimates for the trenchless portions of the trenchless options (that is, the portion of the construction cost that a trenchless subcontractor would provide to a general contractor). The remainder of the costs associated with the trenchless option will be determined in Task 500. Deliverables: 10% concept design plan, conceptual cost estimate for the trenchless option only, text for report. Task 800. Alternatives Analysis and Constructability Review CONSULTANT will compile the deliverables from the alternative preparation and perform a constructability review of each one and make any adjustments to the cost estimation based upon this review. The constructability review will address site access, material availability and transport, seasonality (bid climate), maintainability, lay -down areas, bidding opportunity and units of measurement, dewatering, applicable permit conditions, hours of work limitations, and traffic control. CONSULTANT will compile the alternatives and prepare a cost -benefit comparison for each alternative that takes into account crossing performance, construction cost, construction duration, long-term maintenance and operation, traffic impacts, and permitting implications. CONSULTANT will organize a meeting with the project team to review the cost -benefit analysis. At this meeting, the details of the preferred alternative will be more clearly defined. Deliverables: Text for report summarizing the constructability review in MS Word format; final cost estimate in Excel format; cost -benefit analysis in tech memo format and also in MS Word for report; one 2 -hour meeting with the project team. Task 900. Final Report CONSULTANT will prepare a report detailing the alternatives analysis process. The report will contain the following sections: Introduction and Background Geotechnical Discussion • Hydrology Page 7 of 10 Jefferson County Public Works Preliminary Design Report for Culvert Replacement, Snow Creek Road MP 0.84 November 13, 2017 Page 8 of 12 • Hydraulics • Open -Cut Culvert Alternative • Bridge Alternative • Trenchless Alternative • Permit Analysis • Cost -Benefit Analysis • Preferred Alternative • Ultimate Project Schedule • Appendix A Plan Sheets (11x17) for each alternative • Appendix B. Reports and Memos (deliverables from previous tasks) • Appendix C. WWHM Output • Appendix D. Hydraulic Output including water surface profiles for the return periods listed above • Appendix E. Cost Estimation Backup CONSULTANT will provide a 90% review report for review by CLIENT. CONSULTANT will address one round of comments and issue a 100% report. Deliverables: One 90% Final Report in PDF format; one 100% Final Report in PDF format with response to comments. Task 1000. Project Management CONSULTANT will provide project management that will include the following: Average 2 hours per week of project management over an expected 20 -week project duration. Project management includes: • Coordination of tasks and products with design team. Managing subconsultants. Contracts will be solely between the CONSULTANT and the subconsultants. The CONSULTANT will be responsible for coordinating all subconsultant activities. • Maintenance of project schedule. • Once a month project accounting and reporting that includes o Invoice with name, classification, hours worked, and hourly wage rate of each employee that worked on the project during the billing period o Task percent complete o Task percent budget spent o Work product performed over monthly period o Coordination of subconsultant invoices • Intermittent email and phone call communication with CLIENT project manager. • Quality assurance of product quality control measures. • Meetings: Page 8 of 10 Jefferson County Public Works Preliminary Design Report for Culvert Replacement, Snow Creek Road MP 0.84 November 13, 2017 Page 9 of 12 o Kickoff Meeting, 2 hours o Design Team Meeting, 2 hours o Alternatives Review Meeting, 2 hours • Assistance with coordinating with downstream property owner. Deliverables: Meetings listed above, coordination, project schedule, monthly reporting. Task 1100. Management Reserve and Other Tasks CONSULTANT will perform tasks associated with the project that are not part of any previous section that may be necessary to successfully meet the project goal only with the written authorization from CLIENT. Possible tasks associated with this task are: • Additional plan sheets • Additional field work • Additional project management • Additional meetings Deliverable: Deliverable to be determined upon authorization of work associated with this task. Assumptions: • CONSULTANT assumes that no studies not listed within this scope of work will be necessary to achieve the project goal. • CONSULTANT assumes that CLIENT -provided survey information will be sufficient for planning design purposes. • CONSULTANT assumes that CLIENT will be able to quantify traffic control or road shut down impacts and costs for the purposes of cost -benefit analysis. Project Budget Estimation Task Number Budget Amount Task 100. Topographic Survey $1,044 Task 200. Geotechnical Explorations and Report $30,060 Task 300. Biologic Fieldwork and Reporting $10,311 Task 400. Hydrologic and Hydraulic Analysis $7,137 Task 500. Open -Cut Culvert Replacement Alternative and Earth Work Analysis $6,481 Task 600. Bridge Alternative $15,200 Task 700. Trenchless Alternative $10,331 Task 800. Alternatives Analysis and Constructability Review $3,480 Task 900. Final Report $4,102 Task 1000. Project Management $9,280 Task 1100. Management Reserve and Final Drawings $5,000 Expenses $500 Total $102,926 Page 9 of 10 Jefferson County Public Works Preliminary Design Report for Culvert Replacement, Snow Creek Road MP 0.84 November 13, 2017 Page 10 of 12 Additional Tasks that the CONSULTANT may be considered for: Grant preparation assistance Final PS&E Environmental documentation and permitting Construction inspection assistance Additional geotechnical evaluation Page 10 of 10 Exhibit C Preparation and Delivery of Electronic 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 agenc . The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data Not applicable -- see Part F B. Roadway Design Files Autodesk Civil 3d 2017 or older version, or Land XML format C. Computer Aided Drafting Files Autocad 2017 or older version Agreement Number: PBS 2018-1 Exhibit C - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 4 Revised 11/01/2017 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 See Exhibit A -Scope of Work deliverables Consultant shall provide backup calculations for construction cost estimates, preferably in Microsoft Excel format. F. Specify What Agency Furnished Services and Information Is to Be Provided Agency will provide site topographical survey in Autodesk Civil 3d 2017 and/or Land XML format. Agency will provide construction cost estimating sheet in Microsoft Excel format for consultant's use. Agency prefers use of this format for uniformity in estimates. Agency will determine availability of stockpile site/waste site. Agency will coordinate with downstream property owner for site access. Agency will quantify traffic control or road shut -down impacts and costs for purposes of cost benefit analysis. A-reementNumber: PBS 2018-1 Exhibit C - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 4 Revised 11/01/2017 II. Any Other Electronic Files to Be Provided As needed. Iii. Methods to Electronically Exchange Data Exhibit C - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 4 Revised 11/01/2017 A. Agency Software Suite Microsoft Office Windows 7, Autodesk Autocad 2017 and Civil 3d 2017 B. Electronic Messaging System Microsoft Outlook C. File Transfers Format Microsoft Office programs formats, Autodesk program formats Exhibit C - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 4 Revised 11/01/2017 M N N o N 0 N o 1A N O, ul O .n tD .+ T m N a a Gl m 1p g o V1 o H o g N H Of H N N �I Ol m O1 l0 O N � i NI I i ASI w N i Ni.. V1 Vii V1 i I I 8 O O i O O i O O O O O I O O O I i O O O. O O O O O I O N i I p N T N ll�l lO N N N © O ~ '.' N T ImD "• O o N 8, X10 o `. m al wI N N .Qi N 1p H v! M NI � NI v! � Ol 10 N O N NI ill O I i I j � i o i i I j 1-- I S I m i 0 m 0 m j I i g e i a M I Q-4Q N i I I E rl m a e E v' o u � � � �' E �'' a$el •'- 3C � � eb e" I y fi a a F a` d U- i7G U !' h I a m N tiI wl of m .Dill o o',, o N o m o o N o c o ti .mil nl NI N N I N it I Nil I j r Y 1 I 5 I c II I I II i i�l r � - I o0 00 I ai c v I I. J a ISI I �, w a I i III Ali I 61 N N N N z" I N N N N N - M N a0 O W F� ui N N c E N N tp 0�0 N N - ONO H � lit N m 1� O I N z � Y '001 � R ' N I r Y U Q 41• a[E�i C O c i t 4-� V Z ry N N N N N O U O I i anal f VII VII N !% NJ d F" of o. o 0 0 0 o C m r ml m N 10 N 0 0 N N I a m N tiI wl of m .Dill o o',, o N o m o o N o c o ti .mil nl NI N N I N it I Nil I j r Y 1 I 5 I c II I I II i i�l r � - I o0 00 I ai c v I I. J a ISI I �, w a I i III Ali I 61 RI II I li I i I I9 al z" I I y i ui N a c E I I _ - ri � I z � Y '001 � R ' N V Y U Q 41• a[E�i c i t 4-� V Z ry N N N N N O U O I i anal 'I F N VII VII N !% NJ d F" I l I �, w a II i III Ali I 61 II I li I i I al z" I a c E I mi I _ E ri qui 4-� V i anal 0� UI C1 v iG moI n ci l tai cUr ta. a t �, a ri : � Cld I F Exhibit D-1 Prime Consultant Fee Determination SnPrifir RatPc of Pnv PBS Engineering and Environemental Discipline or Job Title Hourly Rate Overhead @ 160% Profit @ 10% Rate Per Hour Project Assistant $24.04 $38.46 $6.25 $68.75 Engineer VII $57.94 $92.70 $15.06 $165.71 Engineer II $30.43 $48.69 $7.91 $87.03 OBEC Consulting Engineers, Inc. Discipline or Jab Title lAverage Hourly Rate Overhead @ 198.61% Profit 10% Rate Per Hour PRINCIPAL Principal / President $77.26 $153.45 $23.07 $253.78 Vice President / Pro eot Manager $74.18 $147.33 $22.15 $243.66 Division Manager 2 $71.08 $141.17 $21.23 $233.48 Project Manager 3 $71.08 $141.17 $21.23 $233.48 Division Manager 1 $61.53 $122.20 $18.37 $202.11 Project Manaer2 $61.53 $122.20 $18.37 $202.11 En ineer7 $61.53 $122.20 $18.37 $202.11 Project Manager 1 $53.52 $106.30 $15.98 $175.80 Engineer 6 $53.52 $106.30 $15.98 $175.80 Transportation Planner $45.86 $91.08 $13.69 $150.64 Engineer 5 $45.86 $91.08 $13.69 $150.64 Designer 4 $41.45 $82.32 $12.38 $136.15 Engineer 4 $41.45 $82.32 $12.38 $136.15 Senior Environmental Specialist $41.45 $82.32 $12.38 $136.15 Utility Coordinator $41.45 $82.32 $12.38 $136.15 Engineer 3 $38.09 $75.65 $11.37 $125.11 Designer 2 $32.76 $65.06 $9.78 $107.61 Engineer 2 $32.76 $65.06 $9.78 $107.61 Designer 1 $28.64 $56.88 $8.55 $94.07 Engineer 1 $28.64 $56.88 $8.55 $94.07 Environmental Specialist 2 $32.76 $65.06 $9.78 $107.61 Environmental Specialist 1 $28.64 $56.88 $8.55 $94.07 Drafting Supervisor $45.86 $91.08 $13.69 $150.64 Senior CAD Drafter $38.09 $75.65 $11.37 $125.11 CAD Drafter $32.76 $65.06 $9.78 $107.61 CAD Drafter 3 $28.64 $56.88 $8.55 $94.07 CAD Drafter 2 $26.82 $53.27 $8.01 $88.10 CAD Drafter 1 $18.69 $37.12 $5.58 $61.39 SURVEYING Project Surveyor - Team Lead $45.86 $91.08 $13.69 $150.64 Project Surveyor $41.45 $82.32 $12.38 $136.15 Survey Tech 3 $32.76 $65.06 $9.78 $107.61 Survey Tech 2 $26.82 $53.27 $8.01 $88.10 Survey Tech 1 $99$37A2. $5.58 $61.39 U TI N Construction Project Manager $53.52 $106.30 $15.98 $175.80 Assistant Project Manager $45.88 $91.08 $13.69 $150.64 Construction Engineer 2 $38.09 $75.65 $11.37 $125.11 En ineerin Tech 4 $41.45 $82.32 $12.38 $136.15 Engineering Tech 3 $32.76 $65.06 $9.78 $107.61 Engineering Tech 2 $26.82 $53.27 $8.01 $88.10 Engineering Tech 1 $23.79 $47.25 $7.10 $78.14 CECOP $18.69 $37.12 $5.58 $61.39 ADMINISTFUTION Contract Administrator $41.45 $82.32 $12.38 $136.15 Sr. Payroll/AP Clerk $38.09 $75.65 $11.37 $125.11 Project Controller $38.09 $75.65 $11.37 $125.11 Project Axountant $38.09 $75.85 $11.37 $125.11 Senior Billing Clerk $28.64 $56.88 $8.55 $94.07 Administrative Assistant 4 $28.64 $56.88 $8.55 $94.07 Administrative Assistant 3 $26.82 $53.27 $8.01 $88.10 Administrative Assistant 2 $23.79 $47.25 $7.10 $78.14 1� O w m Q •o 11,01" W o m o m QO p P Y W 1010 rff`] P I� •O M P v .- h^ ao O m Oa N O N U' O m.. -10 X co O m N 'o O h m 47 P,:'O O .O m Nf 'O Q.. co m d L o oi 1: O l I I I i J W W O Z ~ ~ Z W O a u N u+ Q me o OV w O O O ! W W I. -C o tPr dr ; Z Q w O vi O J v W i o F O OO W W m O O O O 0 J Q F OC— O (— O O O m wC < J N r 7 'o-0-0 m N 'O:.. Q 00 E �- x Li co En Qi > = O P y 4 `a N 71 3 Q P 4 - a CL C C > V Q m Q N O w0 ceN 3 •N m J Q i O a ^ O N 0 Q Lu W U N X O c O v> G W u�i N E O H W m N Y 4)v � Y � O C y O ^ -O V N. N Q P I P f\ M W � C d L O N N c c Q v co v ,o N �2 n C j m Cl ; PJ •- N � W � C O O .o O i x w � a a N N _ct I fa- OO W O d vYi a c ' c a ,a h C > O > O. > u � a c .0, c•m - •? w¢ `o o •. � o v 3 m u - Q u r V Y Y W Q Q m r �- 0 m a Exhibit E-1 Subconsultant Fee Determination Specific Rates of Pay Aspect Consulting, LLC ANTE Table Discipline or Job Title Hourly Rate Overhead @ 213.55% Profit @ 30 % Rate Per Hour Principal 11 $ 76.66 $ 163.71 $ 23.00 $ 263.37 Principal $ 72.67 $ 155.19 $ 21.80 $ 249.66 Senior Associate $ 61.90 $ 132.19 $ 18.57 $ 212.66 Associate $ 55.35 $ 118.20 $ 16.61 $ 190.15 Senior $ 49.97 $ 106.71 $ 14.99 $ 171.67 Senior Project $ 41.11 $ 87.79 $ 12.33 $ 141.23 Project $ 37.50 $ 80.08 $ 11.25 $ 128.83 Senior Staff $ 41.11 $ 87.79 $ 12.33 $ 141.23 Staff $ 41.11 $ 87.79 $ 12.33 $ 141.23 Field/Construction Supervisor $ 26.14 $ 55.82 $ 7.84 $ 89.80 Senior GIS/CAD Specialist $ 34.38 $ 73.42 $ 10.31 $ 118.11 GIS/CAD Specialist $ 24.52 $ 52.36 $ 7.36 $ 84.24 Senior Technical Editor $ 33.66 $ 71.88 $ 10.10 $ 115.64 Technical Editor $ 25.41 $ 54.26 $ 7.62 $ 87.30 Project Assistant $ 27.89 1 $ 59.56 $ 8.37 $ 95.82 % Aspectconsulting Snow Creek Culvert Replacement Geotechnical Engineering Evaluation Project Management Plan v3 Nov. 27, 2017 job Number. 170524 Date Authorized: Project Manager: erik andersen Budget: Communications Charge: 4% Target Completion Date: Task # 1 2 3 4 5 6 •, �- �+ � a ,,.wv a ccv a cv,,w a ov.ico Task Title Labor Budget Basis in Hours CDC Subs Total 1. Project Management and General Correspondence $ 1,577 EOA AH NHCIES SC 5,459 $ 220 $ 8,500 $ 14,179 3. Sample Reviews and Laboratory Testing $ Sr. $ 1,600 $ 4,611 Sr. Project $ Other $ 10,000 $ 14,648 5. Preliminary Altemative Evaluation Report Principal Associate senior Sr. Staff GISICAD Assistant Total Direct 851 $ 851 Total Project Budget $ 19,409 $ Labor Charges Task Work Element Budget (ODC) Subs End Date 1 I. Project Management and General Correspondence 1 1 Project Management. Invoicing, Progress Reports 4 2 4 $ 1,577 2 2. Field Investigation 2 Site Reconnaissance 4 $ 565 $ 110 Plan and Coordinate Field Work (Traffic Control, 2 Subcontractors, Utility Locates) 2 4 2 $ 1,100 Geotechnical Borings (up to four truck rig borings along the 2 roadway shoulders, two full days of field work) 4 22 $ 3,794 $ 110 $ 8,500 Traffic Control Support -- to be provided by Jefferson 2 County 3 3. Sample Reviews and Laboratory Testing 3 Visual Manual Classifications, Boring Logs I 1 2 $ 667 3 Assign and Review Lab Testing 1 1 $ 313 $ 1,600 Geologic Interpretation and Subsurface Profiles (parallel and 3 perpendicular to the culvert) 1 4 3 6 $ 2,032 4 4. Preliminary Geotechincal Engineering Analyses Cut and Cover Evaluations (temporary shoring, maximum allowable cut slopes, stream reroute, culvert 4 foundations, site restoration) 2 2 4 $ 1,334 Trenchless Evaluations — embankment sideslope stability evaluations, and scollaboration with Michelle $10k is 4 Macauley (refer to scope and budget from Jacobs) 4 8 $ 1,980 $ 10,000 approximate Bridge Evaluations (deep foundations, abutment walls, 4 staged construction) 2 2 4 $ 1,334 5 S. Preliminary Alternative Evaluation Report 5 Draft Geotechnical Report 2 4 8 2 2 $ 2,670 5 Address Review Comments, Issue Final Report 1 2 3 1 1 $ 1,194 6 6. Alternative Evaluation Support In -office support or participation in one alternative 6 evaluation workshop (4 hours) 4 $ 851 Task # 1 2 3 4 5 6 •, �- �+ � a ,,.wv a ccv a cv,,w a ov.ico Task Title Labor CDC Subs Total 1. Project Management and General Correspondence $ 1,577 $ 1,577 2. Field Investigation $ 5,459 $ 220 $ 8,500 $ 14,179 3. Sample Reviews and Laboratory Testing $ 3,011 $ 1,600 $ 4,611 4. Preliminary Geotechincal Engineering Analyses $ 4,648 $ 10,000 $ 14,648 5. Preliminary Altemative Evaluation Report $ 3,863 $ 3,863 6. Alternative Evaluation Support $ 851 $ 851 Total Project Budget $ 19,409 $ 220 $ 20,100 $ 39.729 Aspect Consulting, LLC Page I of I Ml— creek cul—Mjenon mungl.S— Geek Culvert Replacement 0 A. $10k is approximate Total is approximate pending Jacobs' revision Exhibit E-1 SubConsultant Fee Schedule Jacobs Discipline or Job Title Hourly Rate Overhead @ 122% Profit @ 10% Rate Per Hour Geotech Engineer $71.40 $86.75 $15.82 $173.97 QA/QC Reviewer $73.20 $88.94 $16.21 $178.36 Admin $32.00 $38.88 $7.09 $77.97 n o w 10 00 N wl n N aiW 01'011w 10 i N t0 . . . N QI 01 00 01 OI '�. O ° 0N U 0 U U O I' 0t! NINA NN tp 01 w M Q1 r1 N,N 2° O O U I- o o U R oa c O U N u O a » } R � U U 1n m v -o ° c U7 N J Q ` N.1h N i t0 N V t0 � <'O NIS N 0I F U ` = O O N R L Lu T R R o IO 2 N Q m " Ol yOj Nn V x W H U } > L cn 0 o aI`o � a m z J Iz I I it I II i I I I II I I I I E U 2 o rn p � d O O O] a` a G1 E d 01 d o — m a R I J O NOf C in o n d. R O O U'. IRIS IW ^ i a O'': YI C N 'IfI �. m UI 0,ou NI d Q t9 N d y V - n o w � p o w Lo a O ° 0N U 0 U U R R o z c1 O U 2° O O U I- o o U R oa c O U N u O a » N R � U U m v -o ° c U7 N R m ` Q F O o H O O O N R L Lu T R R o R N a m N Q m " Ol yOj Nn V x W H U } > L cn 0 o aI`o � a m z J Iz Exhibit E-1 Sub Consultant Fee Determination Specific Rates of Pav 48 North Solutions, Inc. Discipline or Job Title Hourly Rate Overhead @ 165% Profit @ 10% Rate Per Hour Principal Scientist 51.5 84.98 13.65 147 Senior Scientist 46.3 76.4 12.27 135 Associate Scientist II 40.5 66.83 10.73 118 Associate Scientist 1 37.5 57.79 9.71 105 GIS Analyst 40.5 66.83 10.73 118 Junior Scientist 31 50.15 8.21 91 O O O H O1 I Uf aM1 Ui v� n +n ✓i N Vil N V1 N N Ni Vf j, Uf NI, N cq 5 I >y I j I I N I 4 y� M 00 o; el o C . Re n ie _ I o 0 0 � - n o N I i w o d N 00 r i c cz Tl C C � Q Q � Q 18 i Q I I I III I I I � I II I i i fl al I I i II I � I i o a � I i I �I I d75 p E c O C0: N to v0 Exhibit G-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 (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of 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 anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receivin 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 (1)(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 and 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. /�dS /r�/Co /�✓�'E/L i�r/l� �� ,E".</ vie o� �s,�.vT-/� � /�Y� Consultant (Firm Narne) Signature (Authorized Official of Consultant) /%S'//I, Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of t RPvicPrl 11/01/2017 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ 2,000,000 The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $1,000,000 Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ 0.00 • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit Agreement Number: PBS 2018-1 Exhibit H - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Page 1 of 1 4arPPmPnt RPvk#-d 1 11n11201 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. in addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region 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 manager 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 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. • 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. Agreement Number: PBS 2018-1 Exhibit I -Local Agency A$E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 2 Revised 1110112017 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. 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, LP will request assistance from the Attorney General's Office for legal interpretation. 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. 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. Agreement Number: PBS 2018-1 Exhibit I -Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 2 Revised 11101/2017 Exhibit J 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; • Time frame 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 met 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 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 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. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: PBS 2018-1 Exhibit J - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 2 Revised 11/01/2017 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 includes 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 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. Agreement Number: PBS 2018-1 Exhibit J - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 2 Revised 1110112017