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HomeMy WebLinkAboutWSDOT Sargent Engr Agrmt Little Quil River Bridge Replacement Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: August 15, 2022 Subject: Local Agency AEtE Professional Services Agreement with Sargent Engineers, Inc. for Little Quilcene River Bridge Replacement, County Project No. 18020970, Federal Aid No. BRS-Q161(010) Statement of Issue: Local Agency AEtE Professional Services Agreement with Sargent Engineers, Inc. of Olympia, Washington for the Little Quilcene River Bridge Replacement. Analysis/Strategic Goals/Pro's Et Con's: The Little Quilcene River Bridge, located at Center Road MP 14.62, is classified as structurally deficient, functionally obsolete, and has load restrictions for single unit trucks. Replacement of this bridge is of high importance because Center Road is Jefferson County's main north-south route for freight mobility and the travelling public. Public Works has secured funding for project design and construction through the Federal Bridge Replacement and Rehabilitation (BRR) Program. This agreement provides for preliminary design, PSEtE, and permitting for the bridge. Fiscal Impact/Cost Benefit Analysis: The maximum amount payable under this agreement is $522,314. This will be funded at 100% by the BRR, pending approval of a Local Agency Agreement Supplement that is currently being processed. Recommendation: Public Works recommends that the Board execute the original of the Local Agency AEtE Professional Services Agreement with Sargent Engineers, Inc., and return the one original to Public Works for further processing. Department Contact: Mark Thurston, P.E., Project Manager, 385-9210. Reviewed By: g//0/Z Mark McCaul y County Administrator r Date Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: LQBR-2022 Firm/Organization Legal Name (do not use dba's): Sargent Engineers, Inc. Address Federal Aid Number 320 Ronlee Ln NW, Olympia, WA 98502 BRS-Q1 61 (010) UBI Number Federal TIN 600560818 91-1273873 Execution Date Completion Date December 31, 2026 1099 Form Required Federal Participation i❑ Yes ❑■ No ■❑ Yes ❑ No Project Title Little Quilcene River Bridge Replacement Description of Work Work consists of preparing a Preliminary Design Report, selecting a preferred alternative for bridge replacement, and then preparing final PS&E and obtaining environmental permits for the replacement of the Little Quilcene River Bridge on Center Road in Jefferson County. Tasks will include topographical and right-of-way surveying, geotechnical investigation, hydrology/hydraulic analysis, permitting feasibility analysis, wetlands assessment, cultural resources report, permitting, and PS&E preparation. Q Yes ❑ No DBE Participation Maximum Amount Payable: 522,314.00 ❑ Yes ❑ No MBE Participation ❑ Yes ❑ No WBE Participation ❑ Yes ❑ No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation 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 LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page I of 34 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the Jefferson County Public Works 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 staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; 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. 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. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such 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. Local Agency A&E Professional Services Agreement Number LQBR-2022 Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 2 of 34 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdo_t.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — 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: If to CONSULTANT: Name: Mark Thurston, Project Manager Name: Jessica Soward Agency: Jefferson County Public Works Agency: Sargent Engineers, Inc. Address: 623 Sheridan Street Address: 320 Ronlee Ln NW City: Port Townsend State: WA Zip: 98368 Email: mthurston@co.jefferson.wa.us Phone: 360-385-9160 Facsimile: IV. Time for Beginning and Completion City: Olympia State: WA Zip: 98502 Email: jessicas@sargentengineers.com Phone: 360-867-9284 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. LQBR-2022 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Agreement Number Page 3 of 14 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 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 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 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 fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fee. LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 4 of 14 A. 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. B. 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. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly billings 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. D. 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 E.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. LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 5 of 14 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 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 acknowledgment 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: LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 6 of 14 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) • 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 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § • 49 CFR Part 26 794) • RCW 49.60.180 • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) 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. Local AgencyA&E Professional Services Agreement Number LOSS-2022 Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 7 of 14 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 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. 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 LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 8 of 14 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 law, Title 51 RCW. The Parties have mutually negotiated this waiver. 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. LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 9 of 14 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: 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: 360-385-9160 Facsimile: 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. LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 10 of 14 XIII. 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 final 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 supplement 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. 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. LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 11 of 14 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 shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 12 of 14 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 to 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. LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 13 of 14 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 fonnat 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 (1) of this AGREEMENT. Nvtk A:5_V_2�. Sig at re Signature q'Pi /Iz.. Date Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Approved as to form only: August 9, 2022 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney LQBR-2022 Local Agency A&E Professional Services Agreement Number Negoliated Hourly Rate Consultant Agreement Revised 0210112021 Page 14 of 14 Project No. See attached Exhibit A, following this page. Exhibit A Scope of Work LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Exhibit A Scope of Work Little Quilcene River Bridge Replacement: Preliminary Design Report, PS&E, & Environmental Permitting OBJECTIVE The objective of this Agreement is to provide professional services necessary to develop and analyze alternatives for replacement of the Little Quilcene River Bridge at milepost (MP) 14.62 on Center Road in Jefferson County. Given the width of the river, the replacement structure will need to be a single or multi -span bridge. Temporary road closure during construction is not an option at this site so a temporary bypass road will need to be part of the plan. An older concrete arch bridge located approximately 150 feet upstream of the Little Quilcene River Bridge may be able to serve as the bridge for the temporary bypass road. The bridge replacement will also require some reconstruction of the bridge approaches, the extent of which will depend on the type of replacement structure chosen. The Preliminary Design Report will include topographical and right-of-way surveying, geotechnical investigation, hydrology/hydraulic analysis, and environmental permitting feasibility. The Report will summarize technical analysis, list pros and cons, recommend the most appropriate and cost-effective approach for bridge replacement, and include an engineer's estimate for each option, with a minimum of two options. The Report will also recommend a viable temporary traffic detour and include a determination if the upstream concrete arch bridge is usable. Following selection of a preferred alternative, the Consultant will proceed with developing the Plans, Specifications, and Estimates, and obtaining the necessary permits and environmental clearances to construct the project. The Consultant will provide a load rating for the new bridge. The Consultant will also be considered for bidding and construction support services under separate contract. DURATION Tasks associated with developing the draft preliminary design report are estimated to require approximately 4 months from Notice to Proceed to completion. After completing the draft preliminary design report, the remaining tasks to finalize the preliminary design report and complete PS&E and permitting are anticipated to require approximately 16 months, depending on permitting timelines. This project is eligible for 100% federal funding for construction if construction funds are authorized by WSDOT by December 2024. Achieving 100% funding is of very high importance to Jefferson County. The Consultant shall establish and pursue a schedule with the intent of meeting this goal. SERVICES The Consultant will perform all services and furnish all materials necessary to accomplish the following work items: Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 1 of 21 TASK 1— PROJECT MANAGEMENT This task includes all necessary work to plan and manage the project resulting in a quality product on - time and within budget. Task items include: 1.1 Project Schedule The Consultant will complete a project schedule within 10 days after Notice to Proceed. The schedule will detail individual work elements of the project scope, and schedule requirements incorporating both internal and external milestones. The schedule will extend from project inception through final PS&E, and incorporate the grant agency requirements and deadlines, including the authorization of construction funding by December 2024. The schedule will be developed by a critical path method. Deliverables: Project Schedule. 1.2 Startup Meeting The Consultant will conduct a startup meeting with Agency staff at the project site and via video conference as needed. The purpose of the meeting is to introduce all significant members of the project team, concur on goals and milestones for the project, and agree on the project schedule and work products. Deliverables: Agenda and Meeting Minutes. 1.3 Progress Meetings Progress meetings will be held via phone or video conference periodically to coordinate work activities and keep the Agency informed of progress to date. Approximately two video conference meetings will be held at key points in the project to discuss the findings of the geotechnical and hydraulic investigation, preliminary discussion of options, and final selection of options. The Consultant will prepare agendas and meeting minutes from meetings in which key decisions are made, for distribution to the project team. Deliverables: Agendas and Meeting Minutes. 1.4 Progress Reports and Billings The Consultant will coordinate work activities with the Agency and the Subconsultants and ensure that work products are delivered on time and meet team quality standards. The Consultant will include brief monthly progress reports along with monthly invoices. Progress reports will contain information on major activities, anticipated actions, and outstanding issues to be resolved. The Agency may request updates to the schedule periodically to reflect major changes in project timelines. The Consultant will also upload Disadvantaged Business Enterprise (DBE) participation data in the Diversity Compliance Management System (DCMS) as subconsultant invoices are received. Monthly invoices shall include the following: Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 2 of 21 a) Name of each employee that worked on the project in the billing period b) Each employee's job classification c) Each employee's hours worked d) Each employee's hourly wage rate e) Each invoice will also include all direct non -salary costs and copies of supporting invoices or bills. The Agency will disallow all or part of any claimed cost, which is not adequately supported by documentation. Deliverables: Monthly Progress Reports and invoices. Billing tasks will be the key tasks shown in the fee estimate. 1.5 Managing Subconsultants The Consultant will arrange and manage all Subconsultant contracts. Contracts will be solely between the Consultant and the Subconsultant. The Consultant will be responsible for coordinating all Subconsultant activities, and ensuring that the Subconsultant remains on schedule and provides a quality product. 1.6 Quality Assurance Reviews The Consultant will conduct quality assurance reviews of all reports and other significant work products at the preliminary level and prior to final issuance. TASK 2 — GEOTECHNICAL INVESTIGATION, ANALYSES, AND DESIGN The Consultant will perform geotechnical analysis necessary to evaluate the various bridge replacement options and to support the design of the selected alternative. The Consultant will perform general site reconnaissance and develop an exploratory drilling plan. The Consultant will review this plan with the Agency prior to proceeding with drilling. It is assumed that the Consultant will drill one test boring at each pier location for the proposed bridge structure, and also complete hand auger borings at potential stormwater infiltration locations to characterize the shallow subsurface conditions and obtain representative soil samples. Other assumptions include: • The Consultant will conduct underground utility locating using the public one -call service and subcontracting with a private utility locator to clear the proposed boring locations. • The borings will be drilled using sonic core or mud rotary methods at locations accessible by truck- or track -mounted equipment. No grading or significant clearing of vegetation for drill rig access is assumed. Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 3 of 21 • The borings will extend a minimum of 50 feet below the existing road surface or a minimum of 20 feet into dense, non -liquefiable soil or competent bedrock, whichever occurs first. • Mobilization and drilling can be accomplished during normal daylight work hours over the course of 2 working days. ■ Hand auger borings for infiltration facilities will be completed over the course of one working day with hand tools and extend up to a maximum depth of 5 feet below the ground surface or to practical refusal whichever occurs first. ■ Pilot Infiltration Testing (PITs) for final stormwater facility design are not included in the current scope; PITs may be required at infiltration locations once locations and geometry are better defined. • Right -of -entry and/or permits to be provided by Jefferson County, if necessary. • Traffic control and flagging to be provided by Jefferson County. ■ Test boring locations will be referenced to existing site features using GPS, tape measure or rangefinder. • Drill cuttings will be discretely spread into the underbrush in a specific area(s) at the site as identified for disposal by Jefferson County. • The borings will be backfilled per Washington State regulations and patched to match the surrounding conditions. Hand auger borings will be backfilled with the site soil. The Consultant will prepare a Draft Geotechnical Report containing the results of the geotechnical study, including descriptions of surface and subsurface conditions, and a site plan showing exploration locations and other pertinent features. Summary exploration logs, charts and graphs indicating laboratory test results will also be included. The results of the engineering evaluations and preliminary geotechnical engineering recommendations pertaining to the following items will be presented: a) Depth, service and nominal (ultimate) bearing resistances, bearing elevations at each abutment, and anticipated settlements associated with service bearing resistances; b) Geotechnical design criteria, including seismic design requirements and liquefaction hazard analysis (if applicable); c) An assessment of stormwater infiltration feasibility and preliminary design criteria; d) Preparation of special provisions and/or advisory specifications to supplement the Special Provisions for the project; and e) Constructability issues and concerns associated with each of the options. The Draft Geotechnical Report will focus on structure alternatives and preliminary design information for up to 3 bridge replacement alternatives to help inform alternative selection. After receiving comments on the Draft Geotechnical Report and direction related to the preferred bridge replacement Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 4 of 21 alternative, the Consultant will develop a Final Geotechnical Report supporting the design of the preferred alternative. Other assumptions include: • The project design will be in general accordance with the applicable Washington State Department of Transportation (WSDOT) and American Association of State Highway and Transportation Officials (AASHTO) criteria. • Detailed geotechnical analyses and design will only be completed for the preferred bridge replacement alternative. ■ Data gaps and/or additional studies required to support design of the preferred bridge replacement alternative will be identified (if needed). • Up to 4 hours are assumed for the development and support of special provisions and/or advisory specifications. Deliverables: Draft and Final Geotechnical Report (PDF electronic file). TASK 3 - HYDRAULIC ANALYSIS The general focus of this task will be to analyze the existing condition of the project site, and the project - condition hydraulic analysis of the stream channel and flow characteristics in order to develop design alternatives for the new stream bridge structure. Scour and stability concerns shall be evaluated. The hydrologic, hydraulic and geomorphologic information developed in this task shall be adequate to inform structure selection. In order to account for possible future removal of the upstream concrete arch bridge, the hydraulic modeling shall include an analysis of the flow conditions if the arch bridge is removed, and the new Center Road bridge shall be designed to accommodate either scenario. The overall analysis shall be presented in a Technical Report and be incorporated into the discussion of alternatives in the Preliminary Design Report. 3.1 Data Collection and Review The Consultant will collect and review existing data for the site. This will include but not be limited to: historical aerials, ground photographs, topographic and/or LiDAR data, County inspection and maintenance records including photographs, County stream and road survey data, relevant County GIS data, and flow data for neighboring streams. The County will assist with finding and/or providing some of these items. 3.2 Site Inspection The Consultant will inspect the crossing and stream. They will examine the characteristics of the crossing and its interaction with the stream channel. They will gather data that will help identify the geomorphic and hydraulic processes that are active within the stream and that influence the performance of the crossing. They will visually examine the stability of the longitudinal profile and the lateral stability of the stream channel to determine if erosion protection countermeasures should be Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 5 of 21 included in the preliminary design. While in the field, they will also discuss alternative bridge designs and the need for channel stabilization and/or erosion control features. 3.3 Hydrology The Consultant will review effective FEMA 10-, 50-, 100-, and 500-year peak flows (circa 1980s) for the Little Quilcene River and determine whether they need to be updated for the current design analysis. Peak flow analysis will use the best available flow records for the Little Quilcene River; if flow records are not available, flows may need to be determined and cross-checked using different methods, such as USGS regional regression equations, and discharge records from neighboring streams that have similar basin characteristics -- assuming suitable records are available. If the two methods produce significantly different results, the Consultant will recommend / select the final design flows. 3.4 Hydraulic Analysis The project reach of the Little Quilcene River has an effective FEMA flood insurance study including detailed (Zone AE) mapping and a defined floodway. The Consultant will update and apply the FEMA model to analyze flow characteristics within the project reach, to support bridge alternative analysis and design, and to evaluate project impacts to FEMA floodway and base flood elevations. The consultant will request the effective hydraulic model and engineering data (circa 1980s) from FEMA, convert the model to HEC RAS, and run the model to recreate the effective FEMA 100-year profile and floodway*. The consultant will then update the model through the project reach to reflect existing site conditions based on new survey and LiDAR. The Consultant will use engineering judgment to refine model parameters and then apply the model to simulate design flows to establish existing conditions. The model will then be updated an applied to simulate design flows for natural conditions — assuming the bridge and associated fill is removed, and to evaluate the performance of up to three different bridge replacement options. * If the FEMA model is not available or is determined to be unusable, the consultant will develop a new hydraulic model of the existing channel and adjacent floodplain through the project reach based on new survey and LiDAR, and tie that model into effective FEMA cross sections based on information from the flood insurance rate maps and flood insurance study. 3.5 Alternative Concept Identification and Comparison The Consultant will identify up to three possible bridge concepts. The Consultant will design the structures to meet current WSDOT and WDFW bridge design standards, including but not limited to hydraulic opening, fish passage, freeboard, floodplain utilization ratio, and climate change. The Consultant will discuss the design requirements with Jefferson County to make sure the correct standards are used. 3.6 Upstream and Downstream Effects Analysis The Consultant will evaluate potential effects of bridge replacement, including changes in flow, flood depths, flood extents, sediment, or scour and erosion that could result from the new bridge and hydraulic opening. The Consultant will utilize this information to inform the design of the new bridge and minimize any possible downstream effects. Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 6 of 21 Note -- The project will cross the effective FEMA floodway of the Little Quilcene River. Project design will attempt to avoid work within the effective floodway to prevent the need for a No -Rise analysis. If work within the floodway cannot be avoided, Consultant will attempt to design the project to create No -Rise in 100-year base flood elevations (BFEs). If the project includes work within the floodway and impacts to BFEs cannot be avoided then the project would need attain a FEMA Conditional Letter of Map Revision (CLOMR). A CLOMR is not included in this scope. 3.7 Scour Analysis Consultant will determine if lateral erosion and/or local scour pose a threat to the new crossing and address these hazards in the design. As part of the Hydraulic Report, the Consultant will provide a scour analysis for the bridge/structure foundation, and confirm that the structure is "not scour critical'. The consultant will determine and provide the correct scour code to be entered into the WSBIS bridge inspection database. 3.8 Hydraulic Report The Consultant will prepare a technical report that will document the methods and results of the hydraulic stream channel investigation. The Consultant will submit a draft report to the County for review. Upon receipt of comments, the Consultant will prepare a final report. 3.9 Project Meetings During the course of the project, there will be the need for members of the consultant team to meet with County and agency personnel. The following meetings will likely be required. Presentation of Conceptual Alternatives: The Consultant will participate in a meeting to discuss the conceptual alternatives with the County. It is assumed that the meeting will be held via video conference. Deliverable: Draft and Final Hydraulic Analysis — Technical Report, with WSBIS scour code (PDF electronic file). TASK 4 — ENVIRONMENTAL PERMITTING FEASIBILITY The objective of the environmental permitting feasibility task at this stage of the project is to review and analyze available information in order to identify and evaluate constraints, issues and requirements, and the likely determination under NEPA/SEPA. Field reconnaissance to delineate stream and wetland boundaries will be completed, with critical boundaries flagged in the field for mapping in Task 5. The Consultant will obtain current species and habitat information from National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS), Washington Department of Fish and Wildlife (WDFW), and WDNR. Species of concern shall include aquatic and terrestrial. The Consultant will collect sufficient information —including but not limited to existing habitat data, wetlands, buffers, soils surveys (as part of wetland delineation), species distribution data, and other pertinent biological, cultural and design Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 7 of 21 information —in order to adequately evaluate the potential impacts of environmental concerns to each design alternative and corresponding project activities and schedules. A cultural resources review will be completed, which will consist of a background review, field investigation, Historic Property Inventory (as applicable) of the Little Quilcene River Bridge and the upstream arch bridge, preparation of a draft report for review, and a final deliverable for consultation with the DAHP and the associated Tribal Historic Preservation Officers (THPOs). The following tasks are anticipated to inform the alternatives analysis and support the permit documentation in Task 9: 1. Background Review a) Conduct background research using DAHP's WISAARD database, the information provided by Jefferson County, the Washington State Department of Transportation (WSDOT), and other relevant record holders, as needed, pertaining to previously conducted investigations and previously recorded sites within/near the project area. 1. Background review will address recordation, documentation, and reporting of historic bridges and transportation infrastructure pursuant to the National Register of Historic Places guidelines, 36CFR800, and consultation with DAHP. Review will address ethnographic scoping and research into Tribal affiliations (for use in determining Traditional Cultural Property likelihood). b) Generate maps for the review. c) Compose narratives based on a review of related previously recorded resources to inform survey methods and provide context for consultation and reporting; and, d) Tabulate previously conducted recorded built environment resources within a 0.25 to one -mile radius based on background review for consultation and reporting. 2. Fieldwork Methodology The task identified as a priority is the documentation and recommendation of a determination of eligibility for the two bridge structures over the Little Quilcene River at Center Road. All findings will be recorded on the Washington Information System Architectural and Archaeological Resources Database. The structures may be eligible for the National Register of Historic Places and this known concern has been made the first priority. A field review for buried or precontact, archaeological and historic resources is also required. Depending on the location and situation with soils and apparent surface alterations, professional judgment will inform the location of shovel probes, while a visual reconnaissance will evaluate exposed soils and surfaces for identifiable cultural materials. Drayton will inspect the project area to determine the presence or absence of archaeological materials using the following methods: a) Historic Property Inventory (HPI) Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 8 of 21 1. Drayton will make a site visit to the Little Quilcene Bridge at milepost (MP) 14.62 on Center Road in Jefferson County) for compiling information to populate the DAHP Historic Property Inventory Forms (HPIF). The bridge will be photographed and mapped, with notes of their materials, condition, etc. made for reporting. 2. Drayton will inventory and document the Little Quilcene River Bridge and the adjacent Concrete Arch Bridge. 3. A narrative version of the HPIFs will be composed for DAHP review in keeping with Section 106 reporting and consultation standards. 4. All Historic Property Inventories will be uploaded to DAHP's online WISAARD database pursuant to DAHP's stipulated Section 106 consultation requirements. b) Archaeological Survey 1. Field review will begin with a pedestrian survey, inspecting the project area to identify surface visible traces of cultural/archaeological material. This survey area will include the location of the potential temporary bridge. Observing all exposed soils, animal burrows, cut banks, slide areas, and creek banks for cultural materials. 2. Excavation of shovel probes in all prudent locations with standard shovel to sterile soils (as accessible). 3. Screen soils through standard %" steel mesh mounted on standing rockers. 4. Observe (and note) soils, geologic inclusions / biologic intrusions, and any cultural materials, and activities in field journals. 5. Backfill probes at every test location, as necessary. 6. Record spatial data by hand -drawn mapping and with handheld GPS devices, the locations of shovel probes, cultural resources, utilities, and areas of concern or interest; and, 7. Photograph the area, along with any exposed soils as needed and any cultural materials observed during the review. c) Reporting Upon completion of the cultural resource review, Drayton will: 1. Draft a report for review by the design team, Jefferson County, and the WSDOT, detailing background review, field methodology, archaeological Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 9 of 21 results, HPIF documentation, and recommendations will be provided as relevant to results. 2. Upon approval, submit the report disseminating the results for all local, state, tribal, and federal agencies and concerned parties for official review; and 3. Provide a period for comments to inform the final reporting. Information gathered during this task will serve as a basis for Task 9 — Environmental Permitting. Assumptions: ■ The proposal assumes that no archaeological, historic, or cultural items, sites, deposits, or structures will be encountered, nor will formal recording and the submission of mandatory documentation (e.g. archaeological site, tribal cultural property, and other required forms) be required. Additional costs are incurred when these items require recording to complete compliance regulations and mandates at any level. • If any structure or resource is determined NRHP-eligible and the project were determined to have an Adverse Effect on them, Section 4(f) of the US DOT Act of 1966 would be triggered. Drayton can offer support to Jefferson County and WSDOT's Local Programs in the formulation and execution of the 'Programmatic Section 4(f) Evaluation and Approval for FHWA Projects that Necessitate the Use of Historic Bridges'. ■ Any additional consultation or work ordered or required by the SHPO or any Tribal Agency is beyond the scope of this proposal. Deliverables: • Permitting Feasibility Report (PDF electronic file). ■ Cultural Resources Report (PDF electronic file). TASK 5 —TOPOGRAPHIC/LAND SURVEY This work consists of completing surveying and mapping to prepare a base map depicting existing topography and roadway features. Work will also include determining the existing County right of way and depicting it on the base map. The information will be used by The Consultant and Jefferson County to develop and analyze alternatives for bridge replacement, and subsequently to develop plans, specifications, and estimates. 5.1 Existing Conditions Topographic Base Map Topographic and Base Map work shall include: Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 10 of 21 1. Develop topographic data within the following described area: Center Road mapping will extend along the roadway centerline approximately 500 ft. from each end of the bridge (total of 1,000 ft.), and extend approximately 25 feet on each side of the paved surface. Within 150 ft. from each end of the bridge, measured along the roadway centerline, mapping shall extend approximately 75 feet on each side of the paved surface. These distances are approximate and may be longer or shorter depending on the terrain. Mapping will be at sufficient densities to generate 2-foot contours on slopes less than 10% and 5-foot contours on steeper slopes. The old Center Road alignment to the west of the project will be mapped, including the deck of the old concrete arch bridge, from the intersection with Elkhound Pass Road to the intersection with Center Road (approx. 500 ft.), for a width of 25 feet each side of centerline. Mapping of the streambed will extend approximately 300 ft. upstream of the bridge and 300 ft. downstream of the bridge, and extend approximately 35 ft. on either side of the stream centerline. Mapping of the stream thalweg may need to extend an additional 50 ft. upstream and downstream, for a total mapped thalweg length of 700 ft. Approximately 9 channel cross sections will be collected, including top of bank, toe of bank, thalweg, and 5-6 intermediate shots to capture channel shape and slope transitions. Call for utility locate prior to mapping, in order to map locations of underground utilities. The Consultant will utilize the public one -call service and subcontract with a private utility locator to identify underground utilities for mapping 2. Coordination with the Hydrology/Hydraulics consultant in order to map the ordinary high water line. 3. Mapping will include all substantial features including edges of paving, edges of gravel, break lines, striping, structures, culverts, above and below ground utilities, channels, and trees with a dbh of 6" or larger. 4. Depending on the level of effort required, establish a grid tied, or an assumed horizontal and vertical control within the project area. Four local control points shall be established in areas where disturbance from road maintenance activities will not occur and where they can be easily reoccupied for later work and construction staking as necessary. 5. Prepare hard copies of the existing conditions plan drawing depicting project control, topography (contours), and other features listed in this scope. Plans shall be prepared in general accordance with the WSDOT Plans Preparation Manual. 6. Upon Agency request, provide all data electronically and compatible with current Agency software —Autodesk/Civil3D 2021. Deliverables: ■ Topographical survey hard copy and PDF, Autodesk/Civil3D drawing file with TIN surface of existing ground. Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 11 of 21 5.2 Determine Existing County Right of Way Task 2 will consist of the following items of work: 1. Perform field work and research necessary to establish the existing County right of way and adjacent ownerships for the following locations: Extending 500 ft. from each end of the Little Quilcene River Bridge on Center Road, along the roadway centerline (for a total roadway length of approximately 1,000 ft.). Also, the old Center Road alignment to the west of the project, from the intersection with Elkhound Pass Road to the intersection with Center Road (approximately 500 ft.). Jefferson County will provide available road records and deeds for Center Road, East Quilcene Road, and Frank Beck Road. The County will also provide parcel title reports for adjacent properties. Combine the right of way and ownership data with the existing topographical survey prepared under Task 1. Coordinate with Jefferson County to determine if additional permanent and/or temporary right of way is needed in order to construct the bridge replacement. Jefferson County will prepare any needed right of way figures based on information and base map provided by the Consultant. Deliverables: • Existing County right of way and adjacent ownerships shown on the topographical survey, hard copy and PDF. TASK 6 — STORMWATER REVIEW AND ASSESSMENT The Consultant will assess stormwater requirements for up to two configurations to support the bridge and roadway alternatives developed for the preliminary design report. A preliminary cost estimate will be developed for each option. The results of the review and assessment will be documented in a technical memorandum. Stormwater design requirements will follow the 2019 Stormwater Management Manual for Western Washington (SWMMWW). Treatment and flow control modeling, if needed, will use WWHM2012. Stormwater assessment tasks include: 1. Site visit to review site conditions. 2. Perform preliminary stormwater assessment for up to two options: a) Determine project limits and assess threshold discharge areas (TDA). Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 12 of 21 b) Determine area totals for existing pervious and impervious areas, new and replaced surfaces. c) Assess applicability of overall Minimum Requirements and individual thresholds for LID, water quality, and flow control. d) Select BMPs for LID, water quality, and flow control. e) Document findings in draft technical memorandum. 3. Prepare preliminary Quantities Notebook. 4. Prepare preliminary Engineer's Estimate of Probable Cost to Construct for up to two options. 5. Submit draft technical memorandum and estimate for review. 6. Prepare final technical memorandum and estimate. Deliverables: • Draft and Final Stormwater Technical Memorandum. • Draft and Final Preliminary Engineer's Estimate of Probable Cost to Construct. TASK 7 - PRELIMINARY DESIGN REPORT The Consultant will review the information gathered during the hydraulics, geotechnical, and permitting feasibility analyses to evaluate options for bridge replacement. The Consultant will prepare a report evaluating the design alternatives, construction issues and the estimates of probable construction costs. Up to three alternatives shall be evaluated for cost, constructability, and long-term performance. The Consultant shall make a recommendation for the preferred solution, including discussions of pros and cons of each alternative and cost estimates for each alternative evaluated. A viable temporary traffic detour shall be identified and recommended. Results of the preliminary stormwater assessment will be included. The recommended alternatives shall be depicted with a concept level plan/profile drawing. Roadway geometric design will follow the WSDOT Local Agency Guidelines and Jefferson County standards. Bridge structure alternatives will follow the requirements of the WSDOT Bridge Design Manual. The Consultant will work closely with the Agency to evaluate alternatives, and through engineering analysis, cost estimating, life -cycle cost evaluation, constructability review, and Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 13 of 21 permitting feasibility review, will narrow the alternatives to a single recommended project design. The Preliminary Design Report shall incorporate summary information and results from Tasks 2 through 6 above, as well as include each specific report generated under Tasks 2 through 6 among the Appendices. 7.1 Draft Preliminary Design Report The Consultant shall provide a draft version of the Preliminary Design Report for Agency review. Additional draft versions of the Report may be requested at the Agency's discretion pursuant to Agency review. The project schedule shall accommodate an Agency review period of at least two weeks for draft work products. Work Products: Draft Preliminary Design Report for Agency review (PDF electronic file). 7.2 Final Preliminary Design Report At the conclusion of Agency review of the draft Preliminary Design Report, the Consultant shall furnish a final Preliminary Design Report to the Agency, addressing comments provided by the Agency and other stakeholders. Work Products: Final Preliminary Design Report (hard copy and PDF electronic file). TASK 8 - PLANS, SPECIFICATION AND ESTIMATE (PS&E) The consultant shall not proceed with Task 8, 9 and 10 until they receive authorization from the County The general focus of this task will be preparation of the plans, specifications, and estimates of construction costs for the bridge replacement. Bridge replacement plans shall be prepared in general conformance with the WSDOT Plans Preparation Manual. The Consultant will complete these elements of the bid package and stamp the appropriate plan sheets and specifications. 8.1 Structural Design This scope of work is based on the Consultant performing the structural engineering analysis necessary to size/design the structure per the current WSDOT Bridge Design Manual and the AASHTO LRFD Bridge Design Specifications, for an HL-93 vehicular live load. Two members of the consultant staff will prepare independent structural calculations for the bridge structural elements, the first prior to the 60% submittal, and the second prior to the 90% submittal. Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 14 of 21 Deliverables: Stamped Structural Design Calculations, pdf file 8.2 Civil Design The consultant will perform the civil engineering analysis necessary to ensure that the roadway and roadside features meet all applicable standards and requirements of the WSDOT Design Manual and WSDOT Local Agency Guidelines. 8.3 Stormwater Design The consultant will prepare the preliminary and final stormwater report, as well as the design of the Stormwater facilities needed for the selected bridge replacement alternative and associated roadway improvements. Stormwater design tasks include: 1. Prepare a preliminary stormwater drainage report based on the preferred bridge replacement option: a) Prepare preliminary designs of BMPs for LID, water quality, and flow control. b) Determine design storm for conveyance calculations and sizing. c) Document findings in preliminary stormwater report. 2. Prepare final stormwater drainage report: a) Update stormwater drainage report to include changes made for the 90% PS&E. b) Prepare SWPPP. c) Prepare Final Maintenance Plan. Deliverables: Preliminary and Final Stormwater Drainage Report, pdf file 8.4 Plans, Specifications and Estimate The consultant will prepare plans for the construction of the bridge replacement in general conformance with the WSDOT Plans Preparation Manual. The final project plan package is expected to include the following sheets: Cover, Existing Conditions Plan, Roadway Plan and Profile, Roadway Typical Details, Temporary Bypass Roadway Plan and Profile, Stormwater Plan and Profile, Stormwater Details, Bridge Layout Sheet, Bridge Foundation Plan, Abutment Details, Framing Plan, Bridge Section and Diaphragms, Deck Reinforcing Plan, Girder Details, Traffic Barrier, Approach Slab Details, Bar List, Stream Channel Details, and Roadside Restoration Plan. Mitigation plans will also be provided if required for the project. Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 15 of 21 The consultant will be responsible for preparing Divisions 2 thru 9 of the Special Provisions using WSDOT General Special Provisions. The Agency will prepare Division 1 of the Special Provisions, boiler plate documents, and perform the final assembly of the bid package. The consultant will provide an Engineer's estimate of construction costs, and will fill in bid items and quantities on an agency -provided bid proposal form. The consultant will prepare a critical -path construction schedule for the purposes of determining an appropriate number of contract working days, and to evaluate project feasibility, and identify any issues with in -water work windows and/or other schedule constraints. Deliverables: 1. 30 Percent PS&E Submittal: o Preliminary drawings — pdf 11x17 electronic file 2. 60 Percent PS&E Submittal: o Updated drawings — pdf 11x17 electronic file o Specifications -- electronic, word format o Cost estimate —electronic, excel spreadsheet format 3. 90 Percent PS&E Submittal: o Updated drawings — pdf 11x17 electronic file o Updated specifications -- electronic, word format o Cost estimate —electronic, excel spreadsheet format 4. 100 Percent PS&E Submittals: o Stamped Drawings — pdf 11x17 electronic file, electronic Autocad file o Stamped Specifications (Divisions 2-9) — electronic, word format, and stamped cover sheet in PDF format o Cost estimate — electronic, excel spreadsheet format o Bid item list — electronic, excel spreadsheet or word format o Critical path construction schedule and recommended number of working days TASK 9 - ENVIRONMENTAL PERMITTING The focus of this task will be to manage the environmental process, and to obtain all environmental clearances and permits necessary for the intended work. Under Task No. 4 the Consultant will have determined the permits, environmental documents, and clearances required. For the purposes of estimating Task 9, it is assumed that the required permits and clearances will be as follows: Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 16 of 21 USACE Section 404 Permit DOE 401 Water Quality Certification WDFW Hydraulic Project Approval Coastal Zone Management review Section 106 Compliance Section 4(f) Compliance (if any resources have national, state, or local significance) Endangered Species Act Compliance NEPA Compliance [Documented Categorical Exclusion (DCE) is presumed] SEPA Compliance [Determination of Non -Significance (DNS) is presumed; presumes Jefferson County will be the Lead Agency for SEPA] Jefferson County Critical Areas and Shorelines review, and Stormwater Permit (to be obtained by Jefferson County) All project documentation will be developed following WSDOT Local Agency Guidelines (LAG). 9.1 Data Collection It is assumed that this work will be completed under Task 4. The Consultant will collect all available documentation concerning the project activities, existing habitat data, wetlands, buffers, soils surveys (as part of wetland delineation), species distribution data, and other pertinent biological, cultural and design information. The Consultant will obtain current species and habitat information from National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS), Washington Department of Fish and Wildlife (WDFW), and WDNR. The Consultant will conduct a field reconnaissance to investigate onsite habitat conditions, and make other observations related to project impact evaluations. Deliverables: No separate deliverables for this task. 9.2 Stakeholder and Agency Meetings The Consultant will meet on -site with regulatory agencies including WDFW, affected tribes, USACE, USFWS, and NOAA, to obtain initial guidance for the design requirements that will be imposed upon the project. The Consultant will try to schedule joint meetings where possible. Two separate meetings are budgeted and anticipated to occur at the project site. 9.3 Permits The Consultant will prepare and coordinate the JARPA Application and the NPDES permit application. As part of this work, the Consultant will be responsible for assembling and organizing all necessary state and federal environmental permit applications to a standard acceptable to the permitting agencies. The Agency will apply for and obtain any required local Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 17 of 21 permits through the Jefferson County Dept. of Community Development. Anticipated federal and state permits include the following: USACE Section 404 Permit DOE NPDES Permit and 401 Water Quality Certification WDFW Hydraulic Project Approval Coastal Zone Management (CZM) Consistency Determination 9.3.1 Draft Permit Applications The Consultant will prepare the draft permits and provide copies to the Agency for review. Deliverables: a JARPA and attachments, including JARPA drawings • WDFW HPA application 9.3.2 Final Permit Applications The Consultant will revise the draft permits and submit to the appropriate agencies. The Consultant will respond to comments and questions from the permit agencies to facilitate the permitting process. Deliverables: • Finalization and submission of permit applications listed under 8.3.1 deliverables. 9.4 Environmental Documentation The focus of this task will be to manage the environmental documentation process for the project from beginning to end, and to assist the Agency with obtaining all environmental clearances necessary for the intended work. For the project, the following documents will likely be required, but may not be limited to: ■ Biological assessment • Wetland and Stream Assessment Report ■ Mitigation Plan (if needed) • SEPA checklist ■ Environmental Classification Summary (ECS) • Cultural Resources Report (Completed under Task 4) Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 18 of 21 All project documentation will be developed following WSDOT Local Agency Guidelines (LAG). 9.4.1 Draft Documentation 9.4.1.1 Biological Assessment The Consultant will prepare a draft Biological Assessment (BA) addressing listed species, proposed species, candidate species, species of concern, and critical habitat. The Consultant will confirm which species are federally listed by NMFS and USFWS. The Consultant will also provide the priority species and habitat information from (1) the Washington State Department of fish and Wildlife (WDFW), Priority Habitats and Species Program, (2) the Washington Department of Natural Resources (WDNR), Washington Natural Heritage Program, and (3) the Agency GIS. The Consultant shall review this information, as well as other appropriate sources of information from existing literature and data resources, in conjunction with any necessary field reconnaissance. The BA shall include a project description, a list of species, a description of the species and their habitat, an analysis of project effects, and effect determination, and conservation measures. If mitigation is required by resource agencies, the Consultant will assist the Agency in identifying mitigation options and will incorporate a mitigation proposal into the BA as needed. 9.4.1.2 Wetland and Stream Assessment Report The Consultant will prepare a Wetland and Stream Assessment Report which identify and describe wetlands, streams, and other jurisdictional waters occurring within the project area. This document will assist the design team with the avoidance and minimization of impacts, document wetland and stream boundaries for review by regulatory agencies, and provide background information for mitigation plans if mitigation is determined to be required. 9.4.1.3 Mitigation Plan The Consultant will prepare a Mitigation Plan which describes project impacts and mitigation, if mitigation is needed for the project. 9.4.1.5 Environmental Classification Summary The Consultant will prepare a draft Local Agency Environmental Classification Summary (ECS) form. 9.4.1.6 SEPA Checklist The Consultant will prepare a draft SEPA checklist. Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 19 of 21 Deliverables: • Draft APE map and letter (pdf) • Draft Cultural Resources Assessment (pdf) • Draft Biological Assessment (BA) (pdf) ■ Draft ECS form (pdf) • Draft SEPA checklist (pdf) 9.4.1.7 Documentation of NEPA Compliance The Consultant will provide documentation of NEPA compliance which is presumed to be a Categorical Exclusion. This includes filling out WSDOT's ECS form, or with a letter to the file with a very short summary of analysis to support the CE status to be included in the project file and attached to the NEPA documentation. 9.4.2 Final Documentation The Consultant will revise the Biological Assessment, APE map and letter, Cultural Resource Assessment, ECS and SEPA as needed. The Consultant will respond to comments from WSDOT and the resource agencies to facilitate review of the reports. Deliverables: • Final Cultural Resources Assessment (pdf) e Final Biological Assessment (pdf) • Final ECS form (pdf) • Final SEPA checklist (pdf) TASK 10 — LOAD RATING The Consultant shall perform a load rating for the new bridge. The load rating shall be done in accordance with the AASHTO Manual for Bridge Evaluation, latest edition, and in accordance with Chapter 13 of the WSDOT Bridge Design Manual, latest edition. As excerpted from the WSDOT Bridge Design Manual, each load rating report shall consist of: 1. A Bridge Rating Summary sheet, as shown on Appendix 13.5-A2 (LRFR) of the WSDOT Design Manual, reflecting the lowest rating factor. The summary sheet shall be stamped, signed and dated by a professional engineer licensed in the state of Washington. The summary sheet with the original signature shall be included in the Load Rating Report. The summary sheet shall reflect the lowest rating factors for the different Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 20 of 21 trucks for all sections of the structure. 2. A brief report of any anomalies in the ratings and an explanation of the cause of any rating factor below 1.00. 3. Hard copy of computer output files used for rating, and any other calculations such as, but not limited to dead loads, distribution factors or any required special analysis. 4. One set of electronic files containing the final versions of all input and output files, and other calculations created in performing the load rating that can be opened and utilized in the appropriate program. This may be provided via email, ftp site, or compact disc. nPlivarahlac- 1. Load rating. FUTURE TASKS THAT THE CONSULTANT MAY BE CONSIDERED FOR: 1. Bidding and Construction support services Little Quilcene River Bridge Replacement Exhibit A Scope of Work Page 21 of 21 Exhibit B DBE Participation Plan In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. This project has a sixteen percent mandatory DBE goal. The goal will be satisfied by the subconsultant Clearway Environmental, which is a certified DBE firm. Clearway Environmental's portion of the contract will be approximately 23% ($124,100 divided by $522,314). LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 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 agency. The format and standards to be provided may include, but are not limited to, the following: L Surveying, Roadway Design & Plans Preparation Section A. Survey Data PDF of draft and completed surveys, CAD file for base map compatible with current version of Civil3D, point files in Excel or other compatible format B. Roadway Design Files PDF of draft and completed design drawings, CAD files for design drawings compatible with current version of Civil3D C. Computer Aided Drafting Files See requirements listed above LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 D. Specify the Agency's Right to Review Product with the Consultant Agency shall have the right to review all documents and files produced for this project E. Specify the Electronic Deliverables to Be Provided to the Agency See requirements listed under parts A and B F. Specify What Agency Furnished Services and Information Is to Be Provided See Scope of Work LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 II. Any Other Electronic Files to Be Provided Not applicable III. Methods to Electronically Exchange Data Acceptable methods include email, FTP site, mailing thumb drives, or other mutually agreed upon methods LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 A. Agency Software Suite Microsoft Office, Civil 3D B. Electronic Messaging System Microsoft Outlook C. File Transfers Format See Part F III LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Exhibit D Prime Consultant Cost Computations See attached Exhibit D, following this page. LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 SARGENT Exhibit D Prime Consultant Cost Computations Little Quilcene River Bridge Replacement Preliminary Design Report, PS&E, and Environmental Permitting Total Labor Rate: Task 1 - Project Management Principal $196.24 Sen. Project Engineer $153.32 Project Engineer $137.98 Design Engineer $104.25 Task Cost 1.1 Project Schedule 4 $785 1.2 Startup Meeting 8 8 52,674 1.3 Progress Meetings 8 $1,570 1.4 Progress Reports and Billings 40 $7,850 1.5 Managing Subconsultants 60 $11,775 1.6 Quality Assurance Reviews 8 $1,570 Task 1 Subtotal Task 7 - Preliminary Design Report 7.1 Draft Preliminary Design Report 128 0 8 0 $26,223 Import Survey 2 4 $944 Data Review 2 4 $944 Roadway Layouts 8 40 $7,089 Staging/Bypass Layouts 4 16 $2,993 Bridge Layouts 8 40 $7,089 Stormwater Coordination 4 8 $1,889 Cost Estimates 2 12 $2,048 Conceptual Plan & Profile Sheets 6 40 16 $8,365 Draft Report 4 24 $4,097 7.2 Final Preliminary Design Report Report Revisions 4 24 $4,097 Task 7 Subtotal Task 8 - Plans, Specification, and Estimate 8.1 Structural Design 44 0 212 16 $39,555 Finalize Bridge Layout 4 8 8 $3,115 Deck Design 4 4 $1,165 Girder Design 16 16 $4,661 Bearing Design 4 4 $1,165 Abutment Design 16 16 $4,661 Pier Design 40 40 $11,652 Quantities 8 8 $2,330 Prepared by: JSS Page 1 7/27/2022 SARGENT Exhibit D Prime Consultant Cost Computations Sen. Project Project Design Principal Engineer Engineer Engineer Task Cost Total Labor Rate: $196.24 $153.32 $137.98 $104.25 8.2 Civil Design Finalize Roadway Layout 4 16 16 $5,446 Finalize Bypass Alignments 2 16 16 $5,053 Stormwater Coordination 2 4 16 $3,213 8.3 Stormwater Design (Performed by Skillings, incl. in subconsultants costs below) 8.4 Plans, Specifications, and Estimate 30% Plans 56 $7,727 60% Plans 192 $26,493 60% Estimate 8 $1,104 60% Specifications 16 $2,208 JARPA Figures 2 4 40 $6,525 90% Plans 40 108 $21,035 90% Estimate 8 $1,227 90% Specifications 8 $1,227 100% Plans 8 32 $5,642 100% Estimate 2 2 $583 100% Specifications 2 2 $583 Task 8 Subtotal 14 204 600 0 $116,814 Task 10 - Load Rating Preliminary Calculations 1 2 $346 Load Rate Girders 4 8 $1,386 Load Rate Crossbeams 4 8 $1,386 Summarize Results 1 2 $346 Report 1 2 $346 Task 10 Subtotal 0 0 11 22 $3,811 Total Labor Hours 186 204 831 38 Direct Salary $64.00 $50.00 $45.00 $34.00 Overhead (176.63%) $113.04 $88.32 $79.48 $60.05 Profit (30%) $19.20 $15.00 $13.50 $10.20 Total Labor Rate: $196.24 $153.32 $137.98 $104.25 Total Labor Cost for Task 1, 7, 8,10 $36,501 $31,276 $114,664 $3,962 $186,403 Direct Costs & Subconsultants Mileage (1 trip @ 150 miles, $0.6251mi) $94 Task 2 - Geotechnical Engineering (Aspect Consulting) $46,171 Task 3 - Hydraulic Engineering (Watershed Science & Engineering) $39,996 Task 4, 9 - Environmental Permitting (Clearway Environmental) $154,710 Task 5, 6, 8.3 - Survey & Stormwater (Skillings) $94,940 $335,911 Total for Preliminary Design, PS&E, and Permitting $522,314 Prepared by: JSS Page 2 7/27/2022 Exhibit D Prime Consultant Cost Computations Adw Washington State Department of Transportation June 17, 2022 Sargent Engineers, Inc. 320 Ronlee Lane NW Olympia, WA 98502 Subject: Acceptance FYE 2021 ICR — CPA Report Dear Molly Cichosz: Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tu mwater, WA 98501-6504 TTY:1-900-833-6388 www.wsdot.wa.gov We have accepted your firms FYE 2021 Indirect Cost Rate (ICR) of 176.63% of direct labor based on the "Independent CPA Report," prepared by Shannon & Wilson Associates, LLP. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates(&msdot.wa.gov. Regards; :IZI€� K. JONSO Contract Services Manager EKJ: ah Exhibit D SAWMENT Prime Consultant Cost Computations Actuals Not To Exceed (ANTE) Rates Table Sargent Engineers, Inc. 320 Ronlee Lane NW Olympia, WA 98502 Job Classifications Direct Labor Rate NTE Overhead 176.63% NTE Fixed Fee 30.00% NTE All Inclusive Hourly Billing Rate NTE Principals $68.50 $120.99 $20.55 $210.04 Senior Engineers $60.00 $105.98 $18.00 $183.98 Senior Project Engineer $55.50 $98.03 $16.65 $170.18 Project Engineers $54.50 $96.26 $16.35 $167.11 Design Engineers $45.50 $80.37 $13.65 $139.52 Engineering Technician $39.00 $68.89 $11.70 $119.59 Engineering Intern $31.00 $54.76 $9.30 $95.06 Drafter II $35.50 $62.70 $10.65 $108.85 Business Manager $50.50 $89.20 $15.15 $154.85 Business Associate $34.50 $60.94 $10.35 $105.79 Clerical $29.50 $52.11 $8.85 $90.46 2022 Exhibit E Sub -consultant Cost Computations If no sub -consultant participation listed at this time. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this AGREEMENT. See attached Exhibit E, following this page. LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Exhibit E Subconsultant Cost Computations �AsPectING Little Quilcene Bridge Replacement Project Management Plan Aspect Job Number: 220095 Date Authorized: 7gQ ProJctr Manager. Af H Budget: $46,171-00 Oreailead Rate 217.70% Target Completion Date: 12/31122 Profit 30.00% I I Task Work Element Labor Budget Basis In Houn Total Labor Budgct Other Direct Charges [ODC] Subs AJ11 KS SCC jWK Sr Associate Staff 3 Sr GIS/CAD Technical Editor Direct Hourly Labor hate 1A.91 36 S4 39.91 30,47 Al4lnelutive Hourly Rate ."S.69 f 127,0S $ 13Q77 1 S l33.7.6 01 Task I - Subsurface Explaratlons I IS 49 1 1 $ 9.093 $ 600 $ 17,2i 02 T"If 2 - Geotechnical Englneering Analyses 12 31 S 6,774 f 2.62 03 Task 3 - Reponing and PS&E Support 24 19 5 6 g $ 9,797 Totals 47-5 1005 1 7 9 Is 75,664 S 600 $ 19.99 I Subs include a drilling subcontractor, private utility locator, and laboralary testing 2 ODCs include field vehicle, mileage, field and GPS equipment, etc. Aspect Consulting, LLC Page I oil 0:ftrknd Proj—U20000_Pmjensl2g0095_finle Quikene Bridge\ConvomtPraposal MareriaMMP Tempbte - nr 91_rcvl Exhibit E Subconsultant Cost Computations MWashington State Department of Transportation July 7, 2022 Aspect Consulting, LLC 350 Madison Avenue N Bainbridge Island, WA 98110 Subject: Acceptance FYE 2021 ICR — CPA Report Dear Trish Klimek: Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tumwater, WA 98501-6504 TfY:1-800-833-6388 www.wsdat.wa.gov We have accepted your firms FYE 2021 Indirect Cost Rate (ICR) of 217.70% of direct labor (rate includes 0.15% Facilities Capital Cost of Money) based on the "Independent CPA Report," prepared by BPM, LLP. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email con suItan tratesAwsdot.wa.2oy. Regards; 1EIK K. JONSON Contract Services Manager EKJ: ah Exhibit E Subconsultant Cost Computations Actuals Not To Exceed Table (ANTE) Aspect Consulting, LLC 350 Madison Ave North Bainbridge Island, WA 98110 Job Classifications Direct Labor Hourly Billing Rate NTE Overhead NTE Fixed Fee NTE All Inclusive Hourly Billing Rate NTE 217.70% 30.00% Principal $89.94 $195.80 $26.98 $312.72 Principal $84.95 $184.94 $25.49 $295.37 Sr. Associate $64.91 $141.31 $19.47 $225.69 Associate $61.30 $133.45 $18.39 $213.14 Senior 3 $58.66 $127.70 $17.60 $203.96 Senior 2 $53.85 $117.23 $16.16 $187.24 Senior 1 $50.49 $109.92 $15.15 $175.55 Project 3 $45.68 $99.45 $13.70 $158.83 Project 2 $43.27 $94.20 $12.98 $150.45 Project 1 $40.15 $87.41 $12.05 $139.60 Sr. CAD $39.91 $86.88 $11.97 $138.77 Sr. Editor $38.47 $83.75 $11.54 $133.76 Staff 3 $36.54 $79.55 $10.96 $127.05 Staff 2 $35.10 $76.41 $10.53 $122.04 Staff 1 Field Supervisor $32.22 $70.14 $9.67 $112.03 $38.95 $84.79 $11.69 $135.43 Technician 2 $27.88 $60.69 $8.36 $96.94 Coordinator 3 $37.50 $81.64 $11.25 $130.39 Coordinator 2 $36.06 $78.50 $10.82 $125.38 Coordinator 1 $27.88 $60.69 $8.36 $96.94 7/8/2022 Exhibit E Subconsultant Cost Computations � WAT E R S H E D Estimate of Professional Services SCIENCE & ENGINEERING Prepared for: Jefferson County 506 2nd Ave, Suite 2700 Project: Little Quilcene River Seattle, WA 98104 Center Road Replacement Tel. (206)521-3000 Date: June 24, 2022 Prepared By: Chris Frei TASK DESCRIPTION Hours Totals Principal Sr. Eng. 1 Sr. Eng. II Sr. Geom. Eng. Admin 3 Hydraulic Analysis Data Collection and Site Inspection 12 8 16 $ 5,208 Hydraulic and Hydrologic Analysis of Alternatives 8 60 12 100 $ 26.182 Project Re ort and Meetings 4 16 4 20 $ 6.739 Administration 2 5 1 1 4 $ 1.694 Total Hours and Direct Labor Cost (DL) Labor Rate ($lhr, July 2021 WSDOT OH 150.07%, 30% pr TOTAL LABOR COST 14.01 $235.64 1 $3,299 93.01 $175,04 $16,279 0.0 $168,31 $0 1 24,01 $148,11 $3,555 136.0 1 $120.17 $16,343 14.0 1$86.82 $347 $ 39,823 Direct Expense Detail Units Rate Cost Mileage 280 $0.620 $ 174 R/T Ferry, Fauntleroy to Southworth 2 $25.500 $ 51 Total $ 174 Cost Summary Total Labor $ Total Direct Expenses $ Total $ 39,823 174 39,996 Exhibit E Subconsultant Cost Computations Washington State VrF Air Department of Transportation July 7, 2021 Watershed Science and Engineering, Inc. Smith Tower — 506 2nd Avenue, Ste 2700 Seattle, WA 98104 Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tumwater, WA 98501-6504 TTY:1-800-833-6388 www.wsdot.wa.gov Subject: Acceptance FYE 2020 ICR — Risk Assessment Review Dear Larry Karpack: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2020 ICR of 150.07% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email con sultan trates cr,wsdot.wa.gov. Regards; 1�a �r ?>OL�� E IK K. JONSON Contract Services Manager EKJ: ah L z�� o o o n n n W 3� n' a,nU (, M 0J v 0 7' 7' O N 7" W E 7 � o 7 to 7 n 7= Ln 7 M. In D- m m n-,. 0 W� w 7 m w n m K- - 3 C t3 m rt m CL rD - 0 M (D Af CL C) O• M rD (D � (D z d 3 m 0 0 n rrt rN+ ` ram+ 7 I � 7 r+Ln � - 1+ N N Ln v lu w -� 7 -r ru 7 w ETw Gl � � to N m m m m M ". m '='. r+ r+ fD m�== m m n O lu rna un vlu un 3 q _ _ r+ (D (Dro O = N Ln rn (D O rD N CL N r+ o (n N r+ Q n cri (D D rD v� in �n to to to to �n to in �n to to {n to z p < w� W W� MW w U, A W M M 0- fD 0 IQW? O� N O 4 F, O N W V N V �• (D D :i iv bo 0o o 00 i� o 0 00 o in w * 7o n N a) O l0 V m V W O V W O O 00 U'i N O r+ = O CD ono D D m V ao -i O m 3 iii- « -V)- i ijl� Lrl rn A M Lm M �' � M F' � n � m u, W 0 O z (D '� � � N 1-- 00 P" C ) v, lD Ui L i W O N w w w N 0 W N w O W m U'I V O V I� W P" W Ql N W 01 NJ m m Ul l0 o Q m N F, N F, F- F, I-, N O z (D N N O N LnN Ui . . Ul W F- 00 O p Q_ 00 W� N N 0O N N o 0 00 I-, V F-� Oo m -n � 00 Ol Q1 � 01 � V W I" Ul W \ (D M = D O v. v► 41). V)- 4-fl- io A/I� i/1- {n io -L� c F-" I--� W I--' N F- N to F" F- F- X M F-I N V W E Ili V 00 0) < n W F' 4�- Ln 4�- U'I w N W w w 0o F Cl) :P. On Q" :P� 01 00 O F-1 In in O Ln (D W O -0. 00 NJLm -Ph N In .0, N N F-` W 00 A I--` — W. (D Exhibit E Subconsuitant Cost Computations earwa L vlronmenial Little Quilcene River Bridge Replacement: Preliminary Design Report, PSBE, & Environmental Permitting i11Oj G f1J — W Position Titles 7a C N io E C F a .7 , C 0, to '� V SJ7 es iIF V} 6 V) N to Rates St 90 t10 SI 75 00 $140.00 $90.00 $80.00 Hours Horua Hours Hours Hours 1 'Task 1: Project Management 0 0 0 0 0 'Task 2: Geotechnical Investigation, Analyses, and Design 0 0 0 0 0 'Task 3: Hydraulic Analysis 0 0 0 0 0 'Task 4: Environmental Permitting Feasibility 46 10 50 61 4 'Task 5: Topographic/Land Survey 0 0 0 0 0 'Task 6: Preliminary Design Report 0 0 0 0 0 Task 7: Plans, Specification and Estimate (PSBE) 0 0 0 0 0 Task 8: Environmental Permitting 140 96 250 224 28 Task 9: Load Rating 0 0 0 0 0 Labor Hours Subtotal 186 106 300 285 32 Subtotal $ 23,300 $ 100,800 $ 124,100 Litfaar�irect.�adis ��CtCs.) Mileage 2,000 $ 0.625 $ 1,250 Ferry - Round Trip Edmonds to Kingston 10 $ 50.00 $ 500 Per Diem - Lodging 10 $ 150.00 $ 1,500 Per Diem - Meals B Incidental Expenses 10 $ 74.00 $ 740 Sub -meter Accuracy GPS Device (daily) 8 $ 100.00 1 $ B00 Cultural Resources Specialist (Drayton Archaeology) 1 $25.819.80 $ 25,820 ODCs Subtotal $ 30,610 Tatar, Labor $ 124,100 Direct Costs $ 30.610 Total $ 154,710 ii ■ Principle Env. Scientist/Planner Oiior Managing Env ScientistAanner Senior Env. Scientist/Planner Staff 2 Env. Scientist/Planner Staff 1 Env. Sclentist�Planner r � ^' m 0 Go 0o 00 0o m to Oo Oo m 0o o 00 00 00 oo ;ph Oo Oo is N o mww�Noao of —I O CT ? W N W �. TI 3 CD �1 CO -- Cn m n m D K o O 0) m 0< � 3 O 0 3 p v N 0 0 a CD y cr c n m _" o n m rt .+ 7 3 0 3 v N j N N ai m v n m v a m 0— c O -cnC)" cn o 0m p (O � m m c 3 co 3 m m w t�' vi 0 D .. m N� 3 CD cn cn ( = Co CD 3 7 O Cn m m 3 (O c : CD 3 n C v m 'DD y 7 X O CD 3 H T ? A O O N W — O b9 p CD 'l frr pan a Env. 0 O O O Pi 0)�" O Seni©r klaraa�i g Env -69 1 - Co N -N N � m m o 0 0 0 0 0 CDCn 0 SclenlisUPianner O fo Ul O 00 N O O 0) o ? 0 00 0 00 N � m O O ant or Env. o F3rkt 5.C�P�i� sri'er 0 p o . Staff 2 Ernr�mental N _. v -N A � N N O O N O O O O O 00 ! •1�I�r}�kSi�cinllLr = 00 Staff 9 Environmental N O O O O O N O O O O O �o o l I �,OI .9 o SclantistrRanner (a CD Exhibit E Adw MWashington State Department of Transportation July 19, 2021 Chad Durand, Owner Clearway Environmental, LLC 5002 13`h Ave S Seattle, WA 98108-2307 • Re: Clearway Environmental, LLC Safe Harbor Indirect Cost Rate Dear Mr. Durand: Subconsultant Cost Computations Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TfY.1-800-833-6388 www.wsdot.wa.qov Washington State has received approval from our local Federal Highway Administration (FHWA) Division to continue administering the "safe harbor" indirect cost rate program on engineering and design related service contracts, as well as for Local Public Agency projects. We have completed our risk assessment for Clearway Environmental, LLC. We conducted our assessment based on the documentation provided by the firm. The reviewed data included, but was not limited to, a description of the company, basis of accounting, accounting system and the basis of indirect costs. Based on our review, your firm is eligible to use the Safe Harbor rate. You have opted to use the Safe Harbor rate, rather than provide a FAR -compliant rate at this time. We are issuing the Safe Harbor Indirect Cost Rate of 110% of direct labor with a field rate, where applicable, of 80% of direct labor for Clearway Environmental. The Safe Harbor rate is effective on July 19, 2021. Clearway Environmental has agreed to improve Internal Controls and timekeeping processes to be able to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition Regulations (FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and information related to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of 110%, or 80% for field office situations, for agreements entered prior to July 19, 2024. For agreements entered after this date, please contact the WSDOT Consultant Services Office (CSO) or our office for guidance. The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs contact if you have questions about when to apply the Safe Harbor rate to your agreement. If you have any questions, please contact Steve McKerney or me at (360)705-7003. Sincerely, Schatzie Harvey, CPA Agreement Compliance Audit Manager cc: Steve McKerney, Director of Internal Audit Larry Schofield, MS 47323 File Exhibit E Subconsultant Cost Computations CERTIFICATION OF FINAL INDIRECT COSTS — FOR A SAFE HARBOR INDIRECT COST RATE Finn Name: Clearway Environmental LLC I, the undersigned, certify that I have reviewed the proposal to establish the Safe Harbor rate. The firm is electing to use the SAFE HARBOR INDIRECT COST RATE of 110% of direct labor with a field rate, when applicable, of 80% of direct labor. To the best of my knowledge and belief a) The firm has not had a FAR compliant indirect cost rate previously accepted by any other state agency. b) The firm will provide reports as required by the SAFE HARBOR RATE program on their progress toward compliance with the cost principles of the Federal Acquisition Regulations (FAR) of'title 48, Code of'Federal Regulations (CFR), part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization and prior & current indirect cost rates have been disclosed. The firm agrees to follow the `Path to Compliance ". Steps noted below: The Pathway must include: • A timekeeping system which includes the Internal Controls described in chapter 6 of AASHTO • An accounting system which separates indirect costs and direct costs • An accounting system which separates allowable and unallowable cost • A compliant job cost system which is general ledger driven • Training for accounting personnel and key management on Part 31 of the Federal Acquisition Regulations, Contract Cost Principles and Procedures • A strong written internal control policy with a policy and procedures manual *Signature: vim- �uAAnA *Name of Certifying Official (Print): Chad Durand *Title: Owner Date of Certification (mm/dd/yyyy): 07/15/2021 *Note: This form is to be completed by an individual executive or financial officer of the consultant at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to represent the financial information utilized to establish the indirect cost rate proposal submitted in conjunction with the agreement. Exhibit E Subconsultant Cost Computations Actuals Not To Exceed Table (ANTE) Clearway Environmental LLC 5002 13th Ave S Seattle, WA 98108 Overhead Fixed All Inclusive Direct Labor Hourly Job Classifications , NTE Fee NTE Hourly Billing Billing Rate NTE 110.00% $90.75 $8230 30.00% $24.75 $22.50 Rate NTE Principle Env. ScientisVPlanner $82.50 $198.00 Senior Managing Env. Scientist/Planner $75.00 $180.00 Senior Env. Scientist/Planner $60.00 $66.00 $55.00 $18.00 $15.00 $144.00 Staff 3 Env. Scientist/Planner $50.00 $120.00 Staff 2 Env. Scientist/Planner $40.00 $44.00 $38.50 $12.00 $96.00 Staff 1 Env. Scientist/Planner $35.00 $10.50 $84.00 ; o 0 m o a x a o y] sn bC a w 00 a1 w O N O\ A 00 69 6e t.q yq b9 O N O M O O O O A'+ rIn 6q bq bH 6q A J � O O N a r can K O O O O 00 O N O O N O _ Oft 6q 6q 69 F.M b9 O O 00 �l O N N d O O O DO W O\ O N e• A 64 po N+ 00 N > Zj R �US �n to OO N A O N N hti � 00 a N W N O �n z o IzO CD CD oor,]— v C a x r�-1 1 4tl] N 00 In v� sn s 3 ill) kol) sn sA be cys s9 CIS sn fN!] VNi A N A00 w J N � Ao --] LA �D 00 00 OD 000 00 00 O Cl 00 O O cn C O vA 00 O O O O O O O O7 O O O� 00 v r 0 tr n n O y n Exhibit E Subconsultant Cost Computations Washington State VU Department of Transportation October 11, 2021 Drayton Archaeological Research, LLC P.O. Box 782 Blaine, WA 98231-0782 Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Underson Way SW Tumwater, WA 98501-6504 TTY: 1-800-833-6388 www.wsdot.wa.gov Subject: Acceptance FYE 2020 ICR — Audit Office Review Dear Garth Baldwin: Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2020 Indirect Cost Rate (ICR) of 78.73% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates wsdotma. ov. Regards; SON Contract Services Manager EKJ: ah Exhibit E roSKILLINGS Subconsultant Cost Computations EXHIBIT B-1 SUBCONSULTANT COST COMPUTATION - MAN-HOURS PROJECT 22067 z SARGENT ENGINEERS, INC. v �, a > LA O QUILCENE RIVER BRIDGE REPLACEMENT O c 70 ;ac m m n 0 r) m 2 m n < m m _< 2 to m < m O m z m Z -aA 70 G m < v 3 2 2 z n D D 2 2 z T (AD 2 2 0 n n n --i —i > m .'q m A z m T M C D 2 0 X TASK TASK DESCRIPTION 1 PROJECT MANAGEMENT Project Management and 2 1 Coordination Provide progress report and invoice 4 4 2 monthly. 3 QA/QC 2 STORMWATER REVIEW AND 2 ASSESSMENT 1 Research boundary control. 4 2 2 Field control. 2 20 20 3 Field mapping road. 2 10 20 20 4 Field mapping river. 2 10 40 40 5 Topographic base map. 2 20 20 6 Right of Way plan. 10 20 Coordination with County on 5 7 easement locations. STORMWATER REVIEW AND 2 ASSESSMENT 1 Site visit to review site conditions. 4 Perform preliminary stormwater 2 assessment for up to two options: Determine project limits and assess 2 4 a threshold discharge areas (TDA). Determine area totals for existing b pervious and impervious areas, new 1 4 and replaced surfaces. Assess applicability of overall Minimum Requirements and 2 4 c individual thresholds for LID, water quality, and flow control. Select BMPs for LID, water quality, d and flow control. 2 4 Document findings in draft technical e memorandum. 4 12 3 Prepare preliminary Quantities 2 8 Notebook. Skillings, Inc. Page 6 of 10 Project 22067 Sargent Engineers, Inc. Little Quilcene Bridge Replacement Exhibit E 9 SKILLINGS Subconsultant Cost Computations PROJECT 22067 v SARGENT ENGINEERS, INC. v ,, c c t O QUILCENE RIVER BRIDGE REPLACEMENT p p z y rl m G G m 2 Z 3 D A m D Z � D Z � n Z D D Z m Z D In= n n —I M 70 m 70 m 70 m m D Z Imo D O TAS K TASK DESCRIPTION q Prepare preliminary Engineer's 4 Estimate of Probable Cost to 2 4 Construct for up to two options. Provide internal QA and QC and 5 project coordination. 4 Submit draft technical memorandum 6 and estimate to Sargent for review. 1 1 Prepare final technical 7 memorandum and estimate, submit 1 2 4 to Sargent. 3 STORMWATER REPORT AND DESIGN SUPPORT Prepare a preliminary stormwater 1 drainage report based on the preferred bridge replacement option: Prepare preliminary designs of BMPs a for LID, water quality, and flow 4 16 control. b Determine design storm for conveyance calculations and sizing. 4 Document findings in preliminary c stormwater report. 4 16 2 Prepare 60% stormwater plans consisting of the following sheets: Stormwater Plan & Profile (up to 4 a sheets) 4 12 16 b Stormwater Details (up to 3 sheets) 4 8 16 3 Prepare 60% Quantities Notebook. 2 4 Prepare 60% Engineer's Estimate of 4 Probable Costs to Construct for 2 4 stormwater. S Prepare 60% Special Provisions for stormwater. 4 8 Phone conference with Sargent to 6 discuss 60% PS&E and comments. 2 2 7 Incorporate 60% PS&E comments, 4 16 prepare comment response matrix. 8 Prepare final stormwater drainage report: Skillings, Inc. Page 7 of 10 Project 22067 Sargent Engineers, Inc. Little Quilcene Bridge Replacement Exhibit E rw SKILLINGS Subconsultant Cost Computations PROJECT 22067 z SARGENT ENGINEERS, INC. ,,,Ln C W C 0 QUILCENE RIVER BRIDGE REPLACEMENT O p z m D c n m m m m < m Z rrn < < v m z Z D M m v 3 Z Z m D Z m < _ Z D Z 6) m Z 6) = ; n m ;0 A n 2 O TASK TASK DESCRIPTION # Update stormwater drainage report a to include changes made for the 90% 2 8 PS&E. b I Prepare SWPPP. 2 12 c Prepare Final Maintenance Plan. 2 12 Prepare 90% stormwater plans 9 consisting of the following sheets: Stormwater Plan & Profile (up to 4 4 24 24 a sheets) b Stormwater Details (up to 3 sheets) 4 12 16 10 Prepare 90% Quantities Notebook. 1 4 11 Prepare 90% Engineer's Estimate of 1 4 Probable Costs to Construct. 12 Prepare 90% Special Provisions for 4 8 stormwater. 13 Phone conference with Sargent to 2 2 discuss 90% PS&E and comments. 14 Incorporate 90% PS&E comments, 4 8 prepare comment response matrix. Prepare 100% stormwater plans 15 consisting of the following sheets: Stormwater Plan & Profile (up to 4 4 12 12 a sheets) b Stormwater Details (up to 3 sheets) 4 8 8 16 Prepare 100% Quantities Notebook. 1 4 17 Prepare 100% Engineer's Estimate of 1 4 Probable Costs to Construct. 18 Prepare 100% Special Provisions for 1 4 stormwater. Provide internal QA and QC and 8 19 project coordination. HOURS PER DISCIPLINE 26 89 256 92 27 60 82 80 20 4 Skillings, Inc. Page 8 of 10 Project 22067 Sargent Engineers, Inc. Little Quilcene Bridge Replacement Exhibit E 53 SKILLINGS Subconsultant Cost Computations EXHIBIT B-2 SUBCONSULTANT COST COMPUTATION — SUMMARY NEGOTIATED HOURLY RATE (NHR): Man Classification Hours X Rate - Cost PROJECT MANAGER 26 X $220.25 = $5,726.55 PROJECT ENGINEER 89 X $202.74 _ $18,044.25 ENGINEER 256 x $116.14 - $29,730 82 TECHNICIAN 92 X $73.17 = $6,731.24 SURVEY MANAGER 27 x $184.45 = $4,980 23 SURVEY PARTY CHIEF 60 x $124.99 = $7,499.48 1 MAN SURVEY CREW 82 x $79.84 - $6,546.88 SURVEY TECHNICIAN 80 x $63.80 - $5,104.00 SURVEY DRAFTER 20 x $73.17 = $1,463.31 PROJECT ADMINISTRATOR 4 X $137.19 = $548.74 Total Hours = 736 Total NHR = $86,375,51 REIMBURSABLES: Mileage 640 X $0.625 $400.00 Miscellaneous Expenses $8,164.00 X 0% _ $8,164.00 Total Expenses= 7 $8,564,00 SUBCONSULTANT COST (See Exhibit E): Total Subconsultants = SUB -TOTAL (NHR + REIMBURSABLES + SUBCONSULTANTS): Sub Total = $94;939.5f MANAGEMENT RESERVE FUND: SUB TOTAL = $94,939.51 x 0% - MRF = L $0XD GRAND TOTAL GRAND TOTAL PREPARED BY: Ian Lee, PE DATE: 7/21/2022 REVIEWED BY: Patrick E. Skillings, PMP DATE: 7/21/2022 Skillings, Inc. Page 9 of 10 Project 22067 Sargent Engineers, Inc. Little Quilcene Bridge Replacement � Exhibit E SKlLLlNGS Subconsultant Cost Computations EXHIBIT B-3 SUBCONSULTANT COST COMPUTATION — EXPENSES Item Description Basis Quantity Rate Total 1 Telephone Month $0.00 2 Auto Rental Each $0.00 3 Lodging Day 12 $161.00 $1,932.00 4 Per Diem -Meal Day 12 $61.00 1 $732.00 5 Photocopies - Blk & White Each $0.10 $0.00 6 Photocopies - Color Each $0.35 $0.00 7 Half Sized Prints Each $0.50 $0.00 8 Full Sized Prints Each $6.00 $0.00 9 Postage Month $0.00 10 Shipping Month $0.00 11 FAXs Each $0.00 12 Miscellaneous Project Costs Private Locates 1 $5,000.00 $5,000.00 13 Miscellaneous Survey Costs Estimated equipment charge 1 $500.00 $500.00 14 Traffic Control Estimated $0.00 15 County Notice to Provide Professional Filing Fee Total Miscellaneous Expenses $8,164.00 Mileage Per Mile 640 0.625 $400.00 Total Expenses 1 $8,564.00 Assumptions 1 Telephone Estimated 2 Auto Rental Estimated trips 3 Mileage Estimated miles Four roundtrips to site, 80 mi one-way 4 Lodging 5 1 Per Diem -Meal 6 Photocopies - Blk & White Estimated 7 Photocopies - Colored Estimated 8 Half Sized Prints 9 Full Sized Prints 10 Postage Estimated 11 Shipping Estimated 12 FAXs Estimated 13 Miscellaneous Project Costs Estimated 14 Miscellaneous Survey Costs Estimated 15 Purchase Order Estimated Prepared by: Ian Lee, PE July 21, 2022 Skillings, Inc. Page 10 of 10 Project 22067 Sargent Engineers, Inc. Little Quilcene Bridge Replacement Exhibit E AMhL Washington State �. Department of Transportation July 16, 2021 Skillings, Inc. 5016 Lacey Blvd SE Lacey, WA 98503 Subconsuitant Cost Computations Development Division Contract Services Office PO Box 47408 Olympia, WA98504-7408 7345 Linderson Way SW Tumwater, WA 98501-6504 TTY:1-800-833-6388 www.wsdot.wa.gov Subject: Acceptance FYE 2020 ICR — Risk Assessment Review Dear Alysa Cushman: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2020 ICR of 152.47% of direct labor (rate includes 0.12% Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email c o n su l to n t i•a tesLalw sd o t.wa.2ov . Regards; f11K K.JONSON Contract Services Manager EKJ:ah D v n N v In A v m N m N m W m v In v N v d p 7 G 7 O 7 3 2 s v oa Da O1 _ CD CD 1n M rr ri 7 O 7 n 0" n O n O n -� to 5 'D D V' 3 m '* 0. rnr. N c C O 7 rcr h n O. 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A r W 01 X N N 01 A W 00 r J W N r W (n O N W W DO Ul U7 01 01 O 00 J W r W A r In r W A 01 W W 00 O N Exhibit F - Title VI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements.] 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Modal Operating Administration specific program requirements.] 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); ■ Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Exhibit G Certification Document Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of Agency Official 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 Exhibit G-4 Certificate of Current Cost or Pricing Data Local Agency A&E Professional Services Agreement Number LQBR-2022 Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Sargent Engineers, Inc. whose address is 320 Ronlee Ln NW, Olympia WA 98502 and that neither the above firm nor I have a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out thisAGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (ifany); I acknowledge that this certificate is to be furnished to the Washington State Dept. of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Sargent Engineers, Inc. Consultant (Firm Name) 5i na re (Authorized Official of Consultant) Z Date LQBR-2022 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Agreement Number__ _ Exhibit G-1(b) Certification of Agency official I hereby certify that I am the: ❑■ Agency Official of the local Agency of Jefferson County Washington and or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; o b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the Washington State Dept. of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Local Agency A&E Professional Services Agreement Number LQBR-2022 Negotiated Hourly Rate Consultant Agreement Revised 0210112021 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 receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; an 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. Sargent Engineers, Inc. Consultant (Firm Name) Sign t re (Authorized Official of Consultant) $ 22 Date LOBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: l . No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperativeAGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. Sargent Engineers, Inc. Consultant (Firm Name) Sign a (Authorized Official of Consultant) %1fL12,Z Date Local Agency A&E Professional Services Agreement Number LQBR-2022 Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant has 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. Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Agreement Number. LQBR-2022 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. Local Agency A&E Professional Services Agreement Number LQBR-2022 Negotiated Hourly Rate Consultant Agreement Revised 0210112021 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 claims) total a $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 theAgency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will 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. LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associate 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 LQBR-2022 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 0210112021