HomeMy WebLinkAbout020518_ca14Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of County Commissioners
Philip Morley, County Administrator
From: Monte Reinders, P.E., Public Works Director/County Engineer
Agenda Date: February 5, 2018
Subject: Professional Services Contract for Olympic Discovery Trail -
Discovery Bay to Larry Scott Trail Connection, Preferred Route
Report, County Project No. 18019891
Statement of Issue:
Execution of Professional Services Contract for Olympic Discovery Trail- Discovery
Bay to Larry Scott Trail Connection, Preferred Route Report, County Project No.
18019891, with Alta Planning + Design, Inc.
Analysis/Strategic Goals/Pro's Ft Con's:
Construction of this project is included in the officially adopted 2018-2023
Transportation Improvement Program (TIP) and the 2018 Annual Construction
Program (Item No. 6 in each). This contract provides for professional services to
determine the preferred route for the Olympic Discovery Trail between Discovery
Bay and Larry Scott Trail.
Fiscal Impact/Cost Benefit Analysis:
This contract is in the amount of $133,901 and has 100% funding from RCO under
project #16-2106A.
Recommendation:
The Board is asked to please execute the three (3) originals of the Contract with
Alta Planning + Design, Inc. and return (2) signed originals to Public Works (attn.
John Fleming).
Department Contact:
John Fleming, Project Manager, (360) 385-9217
Reviewed By:
lip
Morley, CcrGnty)Administrafm -�, Date
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba's):
Alta Planning+ Design, Inc.
Address
Federal Aid Number
71 I Grand Ave, Portland, OR 97214
N/A
UBI Number
Federal TIN or SSN Number
602660754
68-0465555
Execution Date
Completion Date
Exhibit H
December 31, 2020
1099 Form Required
Federal Participation
0 Yes ❑ No
❑ Yes ❑i No
Project Title
Olympic Discovery Trail- Discovery Bay to Larry Scott Trail Connection Preferred Route Report
Description of Work
Identify the preferred route for the non -motorized, multi -use, Olympic Discovery Trail
(ODT) connecting the Milo Curry Road terminus of the Larry Scott Trail with the existing ODT segment
located in Discovery Bay.
Maximum Amount Payable: $133.901.00
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:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Revised 1110112017
Page 1 of 14
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:
I. 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.
11. 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:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 14
Revised 1110112017
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
to 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:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14
Revised 1110112017
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 10 — 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 (I.) 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 the
AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue
with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of
final audit all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) 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 final payment,
the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these
records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related
to this 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:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 5 of 14
Revised 1110112017
VI. 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:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 6 of 14
Revised 11/01/2017
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 3 § 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 Law 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
• RC W 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "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 CONSULTANT 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:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 7 of 14
Revised 11/01/2017
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
it 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 X1I1 "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.
XII. 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:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 8 of 14
Revised 1110112017
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:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 9 of 14
Revised 1110112017
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 this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name: John Fleming
Agency: Jefferson County
Address: 623 Sheridan St
City: Port Townsend State: WA Zip: 98368
Email: jfleming@co.jefferson.wa.us
Phone: 360-385-9160
Facsimile: 360-385-9234
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, 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 H. 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:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 14
Revised 1110112017
XII1. 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 in AGREEMENT'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:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14
Revised 1110112017
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 RCW 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 under 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:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14
Revised 1110112017
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 law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
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:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14
Revised 11/01/2017
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 EST 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 terms, 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 (I) of this AGREEMENT.
♦v
--a 4"I/o
Si%ureL - vvop" 1FA090 A Da e
V 160 Wow.., bep totby k4nwal 2w*vp
Signature
Date
Any- modification, change, or reformation of this AGREEVE.1VT shall require approval as to form by the Office
of the Attorney General.
A?Voved as o for
C Date: A)//4,p
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14
Revised 1110112017
Exhibit A — Scope of Work Page 1 of 13
Task 1: Project Initiation and Progress Meetings
1.1 SCOPING AND PROGRESS MEETINGS
CONSULTANT will conduct an organization and scoping meeting with AGENCY staff
to:
• Review objectives of project
• Review scope of services
• Confirm study area
• Collect available data and published materials
• Develop contact/stakeholder list (including but not limited to City of Port
Townsend, Jefferson County PUD#1, WSDOT, Anderson Lake State Park, WA
State Department of Natural Resources, and US Forest Service)
• Identify appropriate trail user groups
• Review senior advisory committee make up and representation
• Establish meeting and presentation schedule
• Establish communication channels with other agencies
• Review and list Local, State and Federal required elements
(i.e. regulations that will apply depending upon funding source, etc.)
• Review and list currently applicable design and planning standards
• Discuss the public involvement plan
• Coordinate with local governments and agencies
Changes to the work plan will be made, if necessary, at the conclusion of this effort.
An amended work plan and schedule will be published. Progress meetings will be
conducted in Port Townsend or by telephone approximately every two weeks.
1.2 DEVELOP PROJECT GOALS, OBJECTIVES, AND DESIGN CRITERIA
The CONSULTANT will work with the AGENCY project manager and stakeholders to
develop consistent overall project goals, objectives, and design criteria for the Olympic
Discovery Trail (ODT) Preferred Route Report. This will include:
Vision Statement: The vision statement is a summary of the overall goals and
objectives of the project. The vision presents a picture of the completed system and
future linkages to other transportation and recreation facilities in the region.
Goals: Goals are overarching principles that guide decision making. These are
specific statements that help guide the planning and design of the project.
Objectives: Objectives are specific steps taken to meet goals and will be used to
evaluate alternative routes. The development of objectives will include a strategy for
prioritizing, and a system to measure their success.
Exhibit A - Scope of Work Page 2 of 13
Design and Operating Guidelines: These will be developed out of established Local,
Regional, State, and Federal guidelines such as the ODT Trail Design Guidelines.
Standards will be used as a framework for the planning and design process and
ultimate institutional/administrative arrangements that will manage the future trail.
Guidelines will address the following issues:
• Trail design
• Cross sections, plans, and sketches
• Width and surface options
• Trail safety (especially at roadway crossings)
• Connectivity and access
• Security and emergency vehicle access
• Operation and maintenance standards and agreements
• Functionality of the trail
• Inter -department coordination
• Transportation and recreation qualities
Draft goals, objectives, guidelines, and standards will be submitted to the AGENCY
and senior advisory committee for review and comment.
Task 1 Assumptions
• AGENCY will establish a Senior Advisory Committee that is authorized to make
project -specific decisions on an expedited basis to keep the project on
schedule.
• AGENCY will provide timely, consolidated, non -contradictory feedback and
direction in response to CONSULTANT enquiries and deliverables.
• AGENCY will provide all required digital background information in digital format
suitable for developing the required deliverables.
Task 1 Deliverables
• Working Paper #1: Goals and Objectives; Design Guidelines
• Final detailed scope, schedule and outreach program
• Monthly status report to accompany invoice
• Detailed project goals and objectives
• On-going quality control, in-house and AGENCY reviews
Task 2: Information Gathering
CONSULTANT will rely on the AGENCY, existing mapping, and stakeholder
resources for relevant initial base information and suitable base mapping.
Exhibit A — Scope of Work Page 3 of 13
CONSULTANT will evaluate the adequacy of existing base mapping resources for this
project. Through a thorough background data review and fieldwork, CONSULTANT
will identify field conditions (e.g. trouble spots, areas requiring additional time to
permit, more complex design solutions, more expensive construction, etc.) that will
impact the alignment recommendations. Desired linkages, safety issues, property
encroachments and impacts, environmental conditions, slope, roadway conditions,
roadway crossings, and other opportunities and constraints that will help define trail
alignment opportunities will be mapped and recorded in the field.
CONSULTANT's three-tier process for information gathering is as follows:
2.1 DATA COLLECTION
Collect available data, including relevant Local, Regional and State planning
documents including but not limited to:
• Relevant County Transportation Plans: (Comprehensive Plan, Non -motorized
Transportation and Recreational Trails Plan, Parks, Recreation and Open
Space Plan)
• County planning maps; Easements, Road right-of-way, Tax Parcel
• Mapping or other documentation of Cultural resource sites, ESA species,
wetlands, and other critical areas
• Published Guidelines: Federal (e.g. AASHTO Guide for the Development of
Bicycle Facilities, FHWA Small Town and Rural Multimodal Networks, FHWA /
USDA Forest Service Equestrian Design Guidebook for Trails, Trailheads and
Campgrounds, ADA-ABAAG, MUTCD, etc.) State (e.g. WSDOT Design
Manual, WA State Bicycle Facilities and Pedestrian Walkways Plan, etc.),
IMBA Trail Solutions, and ODT Trail Design Guidelines
• Trail count data (ADT)
• ODT estimated economic stimulus of North Olympic Discovery Marathon
• RCO grant agreement
• AGENCY historical trail maintenance cost data
• PS&E from ODT South Discovery Bay, Segment A & B projects
• Construction bid tabulations for trail projects in Jefferson County
• For information gathered from 3rd party sources, etc. CONSULTANT will
conduct their own factual investigation and / or legal analysis
With this information, CONSULTANT will develop a comprehensive base map of the
project area, with citation of information sources. CONSULTANT will also develop a
map and database of existing, proposed, and previously identified potential trails and
bikeways for field inventory.
Exhibit A — Scope of Work
2.2 FIELD INVENTORY
Page 4 of 13
CONSULTANT shall obtain written consent to access property not owned by
AGENCY prior to entering. AGENCY will endeavor to assist with obtaining consent.
CONSULTANT will conduct field inventory of existing right-of-way and potential
alignments, utilizing GPS and photographing and recording conditions observed in the
field. CONSULTANT will compare field notes, photographs, and drawings with maps,
aerial photos, and other documents to update the base map and existing conditions.
Information to be field surveyed and mapped:
• Slope/topographic conditions, drainages and water bodies, viewpoints,
sensitive environmental areas, geology, vegetation, historic resources, bridges
and other structures, utilities
• Proposed land uses and major developments; adjacent land uses (e.g. hunting,
logging, etc.), private encroachments, roadway crossings
• Major destinations, access points, schools, parks, commercial centers, historic
sites, museums, waterways
• Property ownership and easements, demographic data, potential trail support
facilities, adjacent roadway characteristics
2.3 DATA SYNTHESIS: OPPORTUNITIES AND CONSTRAINTS
CONSULTANT will synthesize field data and digital data into a user-friendly map.
Opportunities and constraints will be clearly identified as will the overlap and conflicts
between various plans. CONSULTANT will present information on large-scale color
maps using (a) AutoCAD or ArcView, (b) aerial photographs, (c) LiDAR and/or USGS
topographic maps supplemented by local GIS mapping, and/or (d) City, County,
WSDOT and land owner supplied mapping. CONSULTANT will supplement maps with
CONSULTANT field notes and GPS data so that they offer an accurate portrayal of
existing and proposed conditions.
Task 2 Assumption
• Site surveying (elevation and property) is not included in this scope of work.
Task 2 Deliverables
• Background document review
• Comprehensive base map
• Field inventory of site conditions
• Opportunities and constraints mapping
• Photo database of field conditions
• Working Paper #2: Existing Conditions and Opportunities and Constraints
Report
Exhibit A — Scope of Work Page 5 of 13
Task 3: Public Outreach
3.1 DEVELOP PUBLIC OUTREACH PLAN
AGENCY and the Peninsula Trails Coalition have a strong history of public
involvement in planning and decision making for the ODT, including this connection.
The effort to develop a shared use regional trail for the ODT should be guided by
informed community members as well as technical experts, with plenty of
opportunities for the general public to weigh in on plan development. Involvement and
cooperation from adjacent property owners along the corridor as well as trail users will
be critical to a successful project. A meaningful public outreach process will inform
and involve the right group of stakeholders to lay the groundwork for the future
development of this regional recreational corridor.
CONSULTANT will devise an outreach program. A successful outreach program must
accomplish several objectives:
• Capitalize on the existing support of local interest groups to extend the ODT
• Reach a broad spectrum of people to find and present critical issues
• Engage key public and private stakeholders and affected property owners
along the trail alignment at a one-on-one level to understand and overcome
their concerns and work to elicit their support of the outcome of the project,
document their conversations, and present the findings to the AGENCY
• Build an informed base of participants that actively contribute to the public
conversation
• Generate trust in the process and the outcome by the general public, key
stakeholders and opinion leaders
• Capture the interest of the news media and increase the reach of public
education and community awareness
• Demonstrate broad citizen support for the outcome
The CONSULTANT will work with the AGENCY's project manager to devise a public
outreach plan tailored to the specific needs of the ODT Preferred Route Report. This
may include strategies such as posting of project information on the AGENCY's
website, writing articles or a newsletter to post on social media, gathering public
comment from social media, coordinating public open houses, and conducting one-
on-one meetings with key stakeholders.
CONSULTANT will prepare presentation materials for each meeting, facilitate the
meeting, record input received, and follow up with a summary of the meeting and
defined follow up tasks.
3.2 PUBLIC OPEN HOUSES
CONSULTANT will hold up to two public meetings / open houses to allow the public
to voice their opinions on the project. For each meeting, CONSULTANT will prepare
presentation materials including graphics, mapping, photographs, PowerPoint
presentations, and written materials suitable for distribution. The CONSULTANT will
facilitate the meetings and record comments received. AGENCY project manager will
Exhibit A — Scope of Work
Page 6 of 13
secure a meeting space, legally advertise the meeting (lead time 2 weeks), maintain
contact list and distribute meeting notifications.
Public Workshop #1: CONSULTANT will present an overview of the approach, the
schedule for the project, existing conditions and opportunities and constraints
analysis. This will include exhibiting maps of key factors influencing the trail design
such as significant habitat areas, wetlands, existing use patterns, slope analysis,
vegetation inventory, soils, viewpoint, and access points. Depending on the meeting
attendance level, CONSULTANT may opt to break the group up into smaller working
groups and have citizens draw up alignment options and present their thoughts and
comments prior to closing out this meeting. CONSULTANT will discuss evaluation
criteria to be used to narrow the field of trail alignment options.
Public Workshop #2: CONSULTANT will present the preferred alignment, concept
drawings of design elements, preliminary cost estimates, phasing recommendations
and management/maintenance strategies.
Task 3 Assumptions
• AGENCY will secure meeting space, beverages, and food at no charge to the
CONSULTANT.
• AGENCY will arrange for notice of public meetings.
Task 3 Deliverables
• Public Outreach Plan
• Camera-ready mailers
• Social media text and graphics
• Exhibits, facilitation and summary for public meetings
Task 4: Alignment Development
4.1 ALIGNMENT ALTERNATIVES
This task will involve developing and laying out potential trail alignment alternatives.
This will require a synthesis of existing data gathered to this point, supplemented with
a significant amount of fieldwork to verify appropriate fit for trail alignment alternatives.
CONSULTANT will explore alternatives to identify the best possible alignments from
the perspective of the trail user and the project goals. CONSULTANT will map
potential alignments based upon field reconnaissance and data collection work. This
will be followed up by walking and ground-truthing each alignment utilizing GPS.
CONSULTANT will refine the alignment maps based upon this fieldwork.
CONSULTANT will illustrate potential connections to key destinations such as other
local and regional trail links, access and viewpoints, parks, schools, commercial and
employment areas, as well as potential connections to the surrounding
neighborhoods.
4.2 ALTERNATIVES EVALUATION
CONSULTANT will analyze alignment alternatives in accordance with some or all, but
Exhibit A — Scope of Work
Page 8 of 13
the preferred alignment, along with ownership status (private or public).
CONSULTANT will provide right-of-way acquisition strategies, including purchase,
easements and license agreements. The CONSULTANT will also provide model
agreements for possible use in obtaining easements.
4.4 PREFERRED TRAILALIGNMENT
From the alternatives evaluation process, a preferred trail alignment will be developed.
Alignment mapping will be developed in enough detail to show constraints and make
decision -points clear. CONSULTANT will prepare text, sections, profiles, plans, maps
and sketch diagrams as necessary to convey the preferred system. CONSULTANT
will confirm the proposed trail in the field with the AGENCY project manager by
walking, driving, or mountain biking the alignments, noting key reference points of the
alignment.
4.5 COST -BENEFIT REVIEW
For the preferred trail alignment, the CONSULTANT shall provide a cost -benefit
review that considers the total preliminary estimated trail development and
maintenance costs as proportionate to the need for the trail, the probable use, and
benefits of the trail.
Task 4 Deliverables
• Working Paper #3: Alignment options, Evaluation Criteria and Matrix,
Recommended preferred trail alignment, Right-of-way summary, Cost -Benefit
Review
Task 5: Design Concept Development
5.1 CONCEPTUAL DESIGN ELEMENTS
Proposed trail improvements will be described in plan and profile views, supported
with sections and illustrations to fully depict the trail alignment and recommended
improvements. When appropriate, design elements will conform to established State
and Federal guidelines, including WSDOT, AASHTO, ADA, MUTCD, FHWA, ODT and
other sources. Proposed innovative treatments will be well documented. Design
drawings will be developed for key elements anticipated for the project.
A design concept for the trail will be developed that is compelling and will help create
a unified theme. The origin for the design may come from sources including the site
history and character, surrounding land uses and landscape character, local design
vernacular, and native construction materials for the region. The design concept will
be presented in a series of image boards and written text, with sample treatments
illustrated in rendered sketches of key project elements such as trail structures,
benches, and signage.
Specific components of the design that will be illustrated in a plan, section, or
perspective sketches include the following items:
Site Furnishings
Exhibit A — Scope of Work
Page 9 of 13
The CONSULTANT will identify material selection for bollards, benches, picnic tables,
and bike racks, in compliance with AGENCY, WSDOT, and ODT guidelines and fitting
with the design concept.
Trailhead Design and Layout
CONSULTANT will develop circulation design and layout plans for trailheads along
the corridor. The trailheads may include horse trailer parking, equestrian staging area
with horse hitching posts, signage, bike racks, and other site furnishings.
Crossings and Adjacent to Roadways
Roadways: CONSULTANT will review the site conditions and available traffic data
for roadway crossings and segments within road rights-of-way. CONSULTANT will
coordinate with WSDOT and provide crossing concepts and design guidelines for
roadway intersections and parallel segments.
Bridges, Tunnels & Boardwalks: The CONSULTANT will develop sketches and
design drawings suitable for cost estimating to depict the bridges, tunnels and
boardwalk structures anticipated for specific locations along this trail alignment.
Task 5 Deliverables
• Conceptual design guidelines, preliminary layout, plan & profile, materials, and
furnishings graphics
Task 6: Permitting Overview
6.1 LOCAL REGULATORY PERMIT REVIEW
Based on the existing County zoning plans for the trail area, CONSULTANT will
determine whether the trail will be allowed outright. The need for a conditional use
permit (CUP) determination or environmental overlay may inform and affect the design
and alignment of the trail. For this reason, CONSULTANT will approach this step of
the process before addressing alignment and design. CONSULTANT will outline the
process and schedule for securing reviews and permits to construct the trail.
6.2 PERMITTING MATRIX
CONSULTANT will generate a matrix of Local, County, State, and Federal agencies
along with their associated permits, regulations, and reviews that pertain to the
planning, design, and maintenance of the ODT. Written explanations will be included
where appropriate. Matrix will include the appropriate scheduling of the permits'
application preparation, timing of applying, time for agency review and approval,
duration to permit expiration, and number of allowable permit renewal cycles.
6.3 ENVIRONMENTAL PERMITTING
Preliminary preparation will consist of collecting and analyzing existing environmental
data and information including but not limited to the following: recent aerial
photographs; National and Local Wetland Inventory Maps; Jefferson County Soil
Survey; Washington Department of Fish & Wildlife Priority Habitat and Species
Information; Washington Department of Natural Resources Natural Heritage Program
Exhibit A — Scope of Work
Page 11 of 13
environmental documentation/mitigation costs, and maintenance costs.
CONSULTANT will use the latest available unit costs experienced by the Local, City,
County, and State agencies in tandem with the recent figures from comparable
communities on the Olympic Peninsula. CONSULTANT will provide AGENCY with all
calculations for quantities and costs.
7.2 PHASING RECOMMENDATIONS
The ODT Preferred Route Report will include a logical phasing plan that will build
momentum and support for the trail as each phase is implemented. A phasing plan
will be developed as part of CONSULTANT's work. The phasing will consider such
factors as (a) funding availability and requirements, (b) other programmed
transportation and recreation improvements, (c) eliminating trail access impediments
or safety hazards, (d) a rationale for system growth rather than as a series of
disconnected pieces, (e) political and community support, and (f) linkages to major
destinations. The phasing plan will recommend a ranking (low, medium, high) to
accomplish the phased program overtime.
7.3 FINANCIAL STRATEGY
CONSULTANT will develop a financial strategy designed to increase the project's
chances of receiving competitive grants. CONSULTANT will provide a summary of
funding sources that are appropriate for this project, including the permits that are
triggered by the source of funding. CONSULTANT will include funding schedules for
each funding program, anticipated dollar amounts to be programmed, and any local
matching dollars required. CONSULTANT will provide a recommended funding
source for each phase of project improvement.
Task 7 Deliverables
Working Paper #5: Implementation program, preliminary cost estimate,
phasing plan, and financial strategy with implications for permitting
requirements
Task 8: Final Documentation
This task will involve preparing the draft and final Preferred Route Report. The report
will utilize the five previously delivered Working Papers and document the study
process, preferred alignment and design recommendations. CONSULTANT will
identify the most advantageous alignments from the perspective of the senior advisory
committee, the trail user and considering the following:
• Trail and community connections
• Environmental impacts
• Roadway crossings
• Security, safety and liability
• Cost and ease of implementation,
• Constructability
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
Autodesk Civil 3d 2017 or older version, or Land XML format
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
Ajreement Number:
Exhibit C - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Pagel of 4
Revised 1110112017
D. Specify the Agency's Right to Review Product with the Consultant
Agency will review each deliverable and provide timely non -contradictory comments.
E. Specify the Electronic Deliverables to Be Provided to the Agency
See Exhibit A -Scope of Work deliverables
Consultant shall provide backup calculations for quantities and construction cost estimates in Microsoft
Excel format.
Draft and final report in PDF and Microsoft Word format.
F. Specify What Agency Furnished Services and Information Is to Be Provided
Agency will provide information to the consultant: County GIS files, as -built documentation for public
roadways and utilities, text of relevant policies and regulations.
Agency will provide timely review, non -contradictory comments and direction, and authorization
to proceed as the work progresses.
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 4
Revised 1110112017
A. Agency Software Suite
Microsoft Office Windows 7, Autodesk Autocad 2017 and Civil 3d 2017
B. Electronic Messaging System
Agency- Microsoft Outlook
C. File Transfers Format
Microsoft Office programs formats, Autodesk program formats, FTP
Exhibit C - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 4
Revised 1110112017
Jan 26 2018
Jefferson Co, WA Exhibit D
Olympic Discovery Trail- Discovery Bay to Larry Scott Trail Connection Preferred Route Report Exhibit E
Consultant Cost Computations
OH Fee
189.84% 15.00%
DesignerAlta Planning + Design Loving NW
Engineering Environmental
Assistant Project Total
-in- Project Senior Senior Coordinato Task
Principal 1 Task
ChargelPM Manager Advisor Planner
Steve Chris Katie Holly direct Ahmis direct Brad direct
1. Mike Rose Erin David
O'Lone Koenig expenses Loving expense Theile expenses
Direct Rate $68.35 $37.85 $63.10 $28.60 $28.76 $25.47 $125.00 $130.00
Overhead $ 129.76 $ 71.86 $ 119.79 $ 54.29 $ 54.59 $ 48.35
Fee $ 29.72 $ 16.46 $ 27.43 $ 12.43 $ 12.50 $ 11.07
Loaded Rate $227.82 $126.17 $210.32 $95.33 $95.85 $84.89 $125.00 $130.00
1. Project Initiation & Progress 8 1 1 0 0 2 1 1 14 $2,584
Mtqs
1.1 Scoping and Progress Meetings 6 $ 105 1 1 8 $1,622
1.2 Project Goals, Objectives, Design 2 1 1 2 6 $962
Criteria
2. Information Gathering 20 5 2 20 20 20 26 38 151 $19,319
2.1 Data Collection 4 8 8 6 10 36 $4,403
2.2 Field Inventory 12 3 8 $ 105 12 $ 25 12 $ 210 47 $6,939
2.3 Data Synthesis: Opps & Cons 4 2 2 12 12 12 8 16 68 $7,977
3. Public Outreach 13 0 0 0 6 8 4 0 31 $4,716
3.1 Outreach Plan 1 2 2 5 $589
3.2 Open Houses (2) 12 4 6 $ 210 4 $ 25 26 $4,127
4. Alignment Development 18 4 3 35 32 34 84 0 210 $25,026
4.1 Alignment Alternatives 4 2 12 4 2 24 48 $5,861
4.2 Alternatives Evaluation 2 1 2 3 4 12 24 48 $5,691
4.3 Preferred Trail Alignment 4 1 1 8 24 8 $ 105 36 82 $9,490
4.4 Property Requirements & 4 6 8 18 $2,162
Strategies
4.5 Cost Benefit Review 4 6 4 14 $1,823
5. Design Concept 20 36 18 0 16 8 50 24 172 $24,467
Development
5.1 Conceptual Design Elements 20 36 18 16 8 50 24 172 $24,467
6. Permitting Overview 8 2 0 6 0 22 20 74 132 $16,635
6.1 Local Regulations 2 12 8 12 34 $4,034
6.2 Permitting Matrix 2 4 2 12 20 $2,605
6.3 Enviornmental Permitting 4 2 6 6 10 50 78 $9,995
Strategy
7. Cost Opinion, Phasing, 10 4 0 0 14 8 18 4 58 $7,574
Financial Strategy
7.1 Cost Opinion 2 4 12 4 18 2 42 $4,960
7.2 Phasing Recommendations 4 2 2 2 10 $1,533
7.3 Financial Strategy 4 2 6 $1,081
8. Final Documentaiton 24 3 0 8 0 42 10 19 106 $13,894
8.1 Draft Report 18 2 6 30 $ 105 8 16 80 $10,552
8.2 Final Report 6 1 2 12 2 3 26 $3,342
9. Right-of-way, acquisition 2 0 0 0 0 4 0 0 6 $795
and agreements
9.1 Right-of-way, acquisition and 2 4 $ 18,000 6 $795
agreements
Staff Hours 123 55 24 69 88 148 213 160 880 $115,011
Reimbursable Expenses & Travel $ 18,630 $ 50 $ 210 $18,890
$28,022 $6,939 $5,048 $6,578 $8,435 $12,564 $26,625 $20,800
Project Total Alta Planning + Design $86,216 Loving $26,675 NW -E $21,010 Total $133,901
GENERALNOTES:
Hours and staff assignments can be adjusted by the consultant as needed to implement the tasks described during the course of the project
" Hourly rates are for calendar year 2018, and will be adjusted if work is continued into subsequent year(s).
Exhibit F
Title V/ Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub -contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSU TANT of the CONSULTANT's obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4. information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions
as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States. Agreement Number:
Exhibit F - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1
Revised 1110112017
Exhibit G 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 J 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.
Alta Planning+ Design, Inc.
Consultant (Firm Name)
41k�. (
1W %OF _Df
Signature (Authorized Official of Consultant)
W Ly Avrr." r a% 20V
Date
Agreement Number.
Exhibit G - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 1
Revised 1110112017
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 $ 1,000,000
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: $ N/A
• 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:
Exhibit H - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Page 1 of 1
Agreement Revised 1110112017
Exhibit l
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:
Exhibit I - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 2
Revised 1110112017
I
k
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:
Exhibit J - Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 2
Revised 1110112017