Approve Consultant Contract with Northwest Hydraulic Consultants Inc., Shorey Road Bank Stabilization Project BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 22-035
APPROVE A CONSULTANT CONTRACT WITH
NORTHWEST HYDRAULIC CONSULTANTS INC.
(NHC) FOR DESIGN SERVICES FOR THE SHOREY
ROAD BANK STABILIZATION PROJECT, CRP
21590, FEDERAL AID #ER-2101(001)
WHEREAS, a Request for Qualifications (RFQ) was published in The Chronicle on
October 6, 2021, and October 13, 2021, for preliminary engineering design,
permitting and other support services for the Shorey Road Bank Stabilization
project at MP 0.598-0.69, CRP 21590, Federal Aid #ER-2101(001); and
WHEREAS, one RFQ was received from Northwest Hydraulic Consultants Inc.
(NHC); the qualifications were reviewed and evaluated by Public Works Engineers;
and
WHEREAS, NHC, with supporting subconsultants Exeltech Consulting, Landau
Associates, and Cultural Resource Consultants (collectively referred to as the
Consultant), has been selected as the Consultant for the Shorey Road Bank
Stabilization project; and
WHEREAS, the contract will authorize $306,519 for professional services, with a
management reserve fund of $30,000, for a maximum amount payable of
$336,519.
NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners
(BOCC) approves the contract with Northwest Hydraulic Consultants, Inc. (NHC)
for the Shorey Road Bank Stabilization project, CRP 21590, and authorizes the
Public Works Director to sign the contract.
DONE IN OPEN SESSION this 8th day of February, 2022.
Page 1 of 2 Res. 22-035
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Lindsey R. Pollock, DVM
By: Amber Smith, Lindsey R. Pollock, DVM, Chair
Deputy Prosecuting Attorney
•
ATTEST: °`"'-}�"3s•• Sean D. Swope
.
•
• 0
�� Sean D. Swope, Vice Chair
SYNC
Rieva Lester '•:S, ;..To?;::•• F. Lee Grose
Rieva Lester, F. Lee Grose, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 22-035
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number: Shorey 2022-1
Firm/Organization Legal Name (do not use dba's):
Northwest Hydraulic Consultants, Inc.
Address Federal Aid Number
12787 Gateway Drive South ER-2101(001)
Seattle,WA 98168
UBI Number Federal TIN or SSN Number
600-369-474 91-1113093
Execution Date Completion Date
September 30, 2022
1099 Form Required Federal Participation
® Yes ❑ No ® Yes 0 No
Project Title
SHOREY ROAD BANK STABILIZATION PROJECT
Description of Work
Northwest Hydraulic Consultants (NHC), with supporting subconsultants Exeltech Consulting, Landau Associates,
and Cultural Resource Consultants(collectively referred to herein as the Consultant) has been selected as the
Consultant for the Shorey Road Bank Stabilization project.
The project site is located between Milepost(MP)0.598-0.618 of Shorey Road. The Newaukum River has been
eroding the left(west)bank at the project site causing mass failure of the bank which may compromise the integrity of
the roadway.This project seeks to develop a long-term protection project that will need to be designed and permitted
so construction can be completed in the August-September 2022 fish construction window.
For this project the Consultant will provide to Lewis County Public Works (County)engineering design, permitting, and
other support services to create construction bid documents to address the bank erosion threatening the roadway.
X❑ Yes ❑ No DBE Participation Total Amount Authorized: $306,519
❑ Yes ❑X No MBE Participation Management Reserve Fund: $30,000
❑ Yes ❑X No WBE Participation Maximum Amount Payable: $336,519
❑ Yes ❑X 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
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Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14
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THIS AGREEMENT,made and entered into as shown in the"Execution Date"box on page one(1)of this
AGREEMENT,between the Lewis 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.
Ill. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY.Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination,progress,
and presentation meetings with the AGENCY and/or such State,Federal,Community,City,or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A."
The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT,any sub-consultants, and the AGENCY shall comply with all Federal, State,and local laws,
rules, codes,regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
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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 wsdot.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: Tim Fife Name: Vaughn Collins
Agency: Lewis County Public Works Agency: Northwest Hydraulic Consultants,Inc.
Address: 2025 NE Kresky Avenue Address: 12787 Gateway Drive S
City: Chehalis State: WA Zip: 98532 City: Seattle State:WA Zip: 98168
Email: tim.fife@lewiscountywa.gov Email: vcollins@nhcweb.com
Phone: (360)740-2711 Phone: (206)241-6000
Facsimile: (360)740-1479 Facsimile: (206)439-2420
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT 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.
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Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14
Agreement Revised 02/01/2021
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,
specified in Section II, "Scope of Work".The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D"and"E"and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non-salary costs.
1. Direct(RAW)Labor Costs: The Direct(RAW)Labor Cost is the direct salary paid to principals,
professional,technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT.The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2 Indirect Cost Rate(ICR)Costs: ICR Costs are those costs, other than direct costs,which are included as such
on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the ICR rates shown in attached Exhibits"D"and"E"of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit,up to the Maximum Total Amount Payable,authorized under this
AGREEMENT,when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits"D"and
"E",attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime and
all A&E sub-consultants)will submit to the AGENCY within six(6)months after the end of each firm's
fiscal year,an ICR schedule in the format required by the AGENCY(cost category,dollar expenditures,etc.)
for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by
the ICR schedule. It shall also be used for the computation of progress payments during the following year
and for retroactively adjusting the previous year's ICR cost to reflect the actual rate.The ICR schedule will
be sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate,if they so desire.
3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT.(excluding Meals,which are reimbursed at the per diem rates identified in this section)
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 economy class levels unless otherwise approved by the AGENCY.The CONSULTANT shall
comply with the rules and regulations regarding travel costs(excluding air, train,and rental car costs)in
accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures,and
revisions thereto. Air,train,and rental car 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 the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
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4. Fixed Fee: The Fixed Fee,which represents the CONSULTANT'S profit, is shown in attached Exhibits"D"
and"E"of this AGREEMENT.This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person-hours required to perform the stated Scope of Work.In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work,the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled"Termination of Agreement."
5. Management Reserve Fund(MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the lesser of$100,000 or
10%of the Total Amount Authorized as shown in the heading of this AGREEMENT.The amount included
for the MRF is shown in the heading of this AGREEMENT.This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
"Extra Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the.amount shown in the heading of this
AGREEMENT.The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF.The Maximum Total 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.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III,"General Requirements"of this AGREEMENT.The billings will be supported by an itemized
listing for each item including Direct(RAW)Labor,Direct Non-Salary,and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW)Labor costs for
CONSULTANT employees,the AGENCY may conduct employee interviews. These interviews may consist of
recording the names,titles,Direct(RAW)Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent,if applicable,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 notconstitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty(20)working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
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D. 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.
VI. Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A"attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY.No permission for subcontracting shall create,between the AGENCY
and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E"attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub-consultant or subcontractor,of any tier,to abide by the terms and conditions of this AGREEMENT. With
respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color,national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or
agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT, any
fee,commission,percentage,brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion,to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee,commission,percentage,brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
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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.
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 RightsAct of 1964 •Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 21 Subchapter V§ 2000d (Public Law 100-259)
through 2000d-4a) •American with Disabilities Act of 1990
• Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324) •23 CFR Part200
• Rehabilitation Act of 1973 ❑ 49 CFR Part21
(29 U.S.C. Chapter 16 Subchapter V§ 794) ❑ 49 CFR Part26
• Age Discrimination Act of 1975 • RCW 49.60.180
(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 and any appropriate
fixed fee percentage 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 fmal 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
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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 and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
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.
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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
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 tier,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.This waiver has been mutually negotiated between the Parties.
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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.
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: Tim Fife
Agency: Lewis County Public Works
Address: 2025 NE Kresky Avenue
City: Chehalis State: WA Zip: 98532
Email: tim.fife@lewiscountywa.gov
Phone: (360) 740-2711
Facsimile: (360)740-1479
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 amount 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.
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The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
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.
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 theAGENCY
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.
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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.
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
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 whichhave
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.
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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.
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,AGREEMENT `s,
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,
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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.
For purposes of this AGREEMENT,`BSI"means any and all computer data or electronic recorded media of any
kind, including"Native Files",that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email,Outlook,Word,Excel,Access,Publisher, PowerPoint,Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers,backup
tapes, smart phones,thumb drives,CDs,DVDs, floppy disks,work computers, cell phones,laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home.
"Native files"are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created,viewed, and/or modified.
The CONSULTANT shall include this section XX"Records Maintenance"in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its 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.
2/7/2022
Signature Vaughn Collins, Principal Date
2/#?..2—
Si re Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
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Exhibit A
Scope of Work
Project No. 2007057
1 Project management and coordination
1.1 General project management services
The Consultant will provide project management services through the life of the project including:
• Maintain a project cloud site for document storage.
• Coordinate and guide day-to-day project activities.
• Subcontract with and manage project subconsultants.
• Develop detailed design schedule.
• Perform regular schedule updates and financial status summaries.
• Prepare monthly invoices.
• Prepare monthly status reports.
1.2 Coordination Meetings
The following regular coordination meetings are scoped for the project,all meetings to be scheduled and facilitated
by NHC:
• Up to sixteen project meetings will be held(typically bi-weekly)either remotely or in person to discuss
progress, next steps and addresses any questions.These will generally last from 1/2 to one hour.
Assumptions
• Project duration is assumed to be 10 months for this scope of work
• Design review meetings scoped in other tasks
County Responsibilities
• Participation in meetings
• Providing meeting space for in-person meetings subject to COVID-19 guidance
Deliverables
• Bulleted notes from check-in project team meetings will be provided in an email.
• Design Review meeting notes will summarize meeting content not noted otherwise in plan or document
markups.
1.3 Document and Data Sharing
NHC shall create a secured electronic project website to allow a single point of storage for all project documents.
Website login information shall be distributed to all Consultant and County staff involved in the project.Consultant
will collate and load all available information onto the site. County will similarly load any information available that
is requested by the Consultant or that the County notes the Consultant does not possess.
Assumptions
• n/a
County Responsibilities
• Upload relevant information to website
Deliverables
• Secure project website
2 Site Investigation and Data Collection
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Exhibit A-Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
A site investigation, and associated data collection, is intended to gather technical information needed to develop
and evaluate a list of alternatives to protect the project site.
2.1 Kick-off Meeting and Site Visit
The Consultant team and County staff will hold a project kickoff meeting either on the same day as the site visit or
via video conference.The purpose of the meeting will be to make full introductions, define roles for all County and
Consultant team members,discuss history and known issues at the site, and design and permitting issues that must
be addressed.
Select members of the Consultant team will conduct a site visit with County staff.The purpose of the visit is to
acquaint the project team with the site and discuss key points raised during the kick-off meeting.
Assumptions
• Up to 8 Consultant staff will attend kick-off meeting and site visit.
County Responsibilities
• Provide appropriate staff for site visit and kickoff meeting
• Review meeting summary provided by Consultant
Deliverables
• Summary of kick off meeting and site visit as annotated agenda
2.2 Environmental Review
Consultant will develop a detailed schedule with critical path-based permitting requirements,which will identify key
project parameters for incorporation into the design phase.Additionally,the project team, in collaboration with the
County,will hold a pre-application meeting with stakeholders determined by the County to discuss project goals and
constraints.This early consultation will ensure review agencies are engaged in the process as partners in developing
a long-term bank stabilization solution.
Assumptions
• One in-person or virtual meeting with stakeholders determined by the County
County Responsibilities
• Coordinate with Consultant to identify stakeholders
Deliverables
• Pre-application meeting notes
2.3 Cultural Resources Assessment
In the data collection phase,Cultural Resource Consultants will conduct a desktop analysis of the site to identify any
potential cultural sites or issues in the area.This data will help inform the project constraints, possible designs
considered during the alternatives analysis, and permitting path for the selected alternative.
2.3.1 Project APE
CRC will prepare documentation to define the project's updated area of potential effects(APE)for cultural
resources. Documentation will consist of a letter with figures for WSDOT's use in Section 106 consultation.
2.3.2 Background Research
CRC will conduct a search on Washington Department of Archaeology and Historic Preservation's(DAHP)
WISAARD system to identify recorded historic built environment, historic register listed properties,
archaeological sites,cemeteries, and previously completed cultural resources assessment in proximity to
the project location. CRC will review pertinent environmental, archaeological,ethnographic, and historical
information appropriate to the project location from a variety of available resources.The goal of
background research is to provide contextual information regarding the natural environment and cultural
use of the project location, identify recorded cultural resources,and determine the potential for as-yet
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Exhibit A-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
unrecorded cultural resources to be encountered during proposed project actions.
2.3.3 Tribal Contact
CRC will contact the cultural resources staff of tribes that may have an interest in or information regarding
the project location.This communication is intended to inform the cultural resources assessment and does
not constitute government-to-government consultation.Copies of this correspondence and received
responses will be included as an attachment in the cultural resources assessment.
2.3.4 Field Investigations
CRC will conduct field investigations of the project location to identify archaeological and historical
resources. Investigation will include pedestrian survey and subsurface excavation in amenable
environments that have the potential to contain buried archaeological deposits. Methods will be consistent
with DAHP guidelines.
2.3.5 Documentation of Findings
CRC will document and record identified archaeological and historic sites within the project location on
DAHP archaeological and/or historic site(s)forms.All identified resources will be photo-documented and
recorded in the field.Archaeological materials or deposits will be documented and reburied, if appropriate,
within the find location. Cultural resources will be evaluated for significance following local,state, and/or
national significance as appropriate based on the project's regulatory nexus. Documentation will be
consistent with DAHP standards and will be completed on DAHP's WISAARD system.
2.3.6 Cultural Resources Assessment Report
CRC will prepare a technical memo describing background research,field methods, results of investigations,
and management recommendations.The report will provide supporting documentation of findings,
including maps and photographs, and will conform to DAHP reporting standards and the appropriate
requirements based on the regulatory nexus.The report and supporting materials will be provided
electronically in PDF format.An inadvertent discovery protocol and primary contacts will be provided as an
attachment in the assessment.This task includes one round of consolidated comments from the client prior
to the submission of the final report to WSDOT for their Section 106 consultation.CRC will assist the client
in submitting the cultural resources assessment and any associated documentation to DAHP,via their
WISAARD system at the request of WSDOT.
Assumptions
• Task 2.3 shall not be initiated until explicitly authorized by County.
• This scope assumes that no more than one (1) unrecorded archaeological site or unrecorded historic site
will be identified within the project area.
• This scope was prepared with the assumption that field investigations will entail photo-documentation of
the project location, and excavation of up to twelve(12)shovel test probes in the project location at 30-
meter intervals as safe conditions allow.
• This scope assumes no meetings with clients or stakeholders.
• This scope assumes one(1) round of consolidated comments will be provided by the client on the draft APE
letter and one (1) round of consolidated comments will be provided by the client on the draft cultural
resources report.
County Responsibilities
• This scope assumes that all relevant project information, prior reports including geotechnical reports,
historic/architectural reports, design plans,and project maps will be provided prior to CRC beginning their
work. CRC acknowledges that some of this information such as design plans may not be available
immediately upon receipt of a signed agreement.
Deliverables
• DRAFT and FINAL,APE letter for cultural resources(in electronic WORD)
• DRAFT and FINAL, Cultural resources report and site forms(if required) (in electronic PDF)
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2.4 Geotechnical Engineering
Landau's geotechnical engineering services will include advancing geotechnical borings, laboratory testing,
numerical slope stability analysis (during Tasks 3.1 and 3.2),recommendations for in-stream anchorage capacity,
and conceptual recommendations for no more than two structural bank stabilization alternatives.
Assumptions
• Two drilled borings will be advanced along the roadway shoulder to depths of 40 to 50 ft below ground
surface
• Landau will subcontract the drill rig and operator, private utility locator, and traffic control services
• Geotechnical engineering to support alternatives analysis is included in Task 3. Effort to prepare the draft
and final geotechnical report are included in Tasks 4.1 and 5.2, respectively.
County Responsibilities
• Review and approve traffic control plan prepared by Landau
• Provide no-cost ROW permit if needed
Deliverables
• Draft and Final Geotechnical Report
2.5 Survey
Consultant will conduct a bathymetric survey of the project reach,capturing enough detail to construct a hydraulic
model and develop designs for the site. One day(12 hours)has been allocated to perform the survey using
watercraft mounted survey equipment for non-wadable portions of the river. In addition to this,time is provided for
post-processing of the survey, merging survey with available topographic and LiDAR data, basemap development,
and coordination with the County survey lead.
All survey will be in NAD83/11 horizontal datum,then converted to the County's local coordinate system, and NAVD
88 vertical datum.All survey will be incorporated into a CAD basemap.
Assumptions
• County will provide survey control, right of way, property boundary,and easement surveys.
• Consultant will combine new bathymetric data with existing topographic and planimetric data, collected by
the County,from June 2021.
County Responsibilities
• Provide site access and right of entry.
• Provide survey control, right of way, property boundary,and easement surveys.
Deliverables
• Composite site scale CAD Basemap depicting topography and planimetric
• Composite site scale topographic surface (CAD)
2.6 Geomorphic, Hydrologic and Hydraulic Analyses
NHC completed a geomorphic assessment at this site as part of the initial site assessment in 2021. NHC will update
that assessment with additional geomorphic analyses of river processes and meander migration to develop
strategies and extents for a long-term bank protection solution.
NHC will utilize prior hydrologic analyses performed for the Newaukum Valley Road project to establish design flows
for the project. NHC will gather high water marks from one storm event during Winter 2021-2022 to validate
hydraulic model results.
NHC will develop a two-dimensional hydraulic model of the Newaukum River to understand existing hydraulic
conditions, evaluate alternatives,and estimate design parameters(e.g. depths and velocities) in the project reach.
Specifically,the hydraulic model will focus on estimating hydraulic parameters in the vicinity of the eroding bank
and locations of possible countermeasures.The model will be developed from channel survey data collected by the
Consultant and extended using LiDAR and topographic data collected by the County. Consultant anticipates HEC-
RAS 2D as the hydraulic model software package. Consultant will simulate the 2-, 10-,and 100-year flows for
existing conditions. Hydraulic modeling simulations will be used to guide the design development and understand
Agreement Number: Shorey 2022-1
Exhibit A-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
impacts to water levels within the channel and floodplain.
Assumptions
• Existing as-built data is sufficient to represent the Shorey Road and railroad bridges in the 2D model
• Hydraulic analyses of alternatives will be conducted in Task 3 and of the selected alternative in Task 4.
County Responsibilities
• Provide topographic data
Deliverables
• Documentation will be provided in the Alternatives Analysis memorandum
Agreement Number: Shorey 2022-1
Exhibit A-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
3 Alternatives Analysis
3.4 Alternatives Development
We will begin the alternatives analysis by developing design objectives with the County.The objectives will focus on
design uncertainty and resiliency, regulatory drivers, risk tolerance, costs,and long-term habitat and geomorphic
impacts.
Consultant will refer to the Integrated Streambank Protection Guidelines(ISPG)analysis performed in 2021 and
cross-reference previously identified solutions with this project's design objectives and constraints to develop a
series of design concepts that attempt to meet project objectives in different ways. It is anticipated that alternatives
may consider options that include various configurations of bioengineered bank protection elements or a structural
solution.
Assumptions
• Up to three alternatives will be considered
• One virtual meeting(1 hour each)will be held to develop design objectives
County Responsibilities
• Participate in meetings
• Facilitate coordination with external parties for feedback or meeting participation
Deliverables
• Notes summarizing design objectives meeting
• Alternatives concept sketches in plan and section view
3.5 Alternatives Analysis
Consultant will assess and score each alternative with respect the site objectives and design parameters. Identified
alternatives will include a brief description of the component actions, high level cost estimates,and description of
anticipated impacts on bank erosion, habitat processes,and flood hazards.
Assumptions
• N/A
County Responsibilities
• N/A
Deliverables
• Draft Alternatives Analysis memorandum summarizing development of design concepts,selection criteria,
and evaluation of alternatives
Agreement Number: Shorey 2022-1
Exhibit A-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
•
3.6 Preferred Alternative Selection
Consultant and County shall hold a design workshop to evaluate the alternatives.Consultant shall provide a scoring
matrix spreadsheet to assist in the evaluation,with each alternative ranked against the site objectives and design
parameters.The workshop outcome will be selection of a preferred design.
At this point,we recommend holding a second meeting with stakeholders,as determined by the County,to present
the alternative selection process and the preferred alternative to develop consensus prior to design development
and permit applications.
Assumptions
• Design workshop will take two hours
• External coordination meeting will take one hour
• If a structural bank stabilization alternative (piling or retaining wall) is selected for final design, a contract
amendment will be required to include structural and geotechnical final design services.
County Responsibilities
• Actively participate in the design selection process
• Invite other stakeholders that may wish to participate
• Review draft deliverable
Deliverables
• Final Alternatives Analysis memorandum including selection of the preferred alternative.
4 Preliminary Design
4.4 30%Design
The preferred alternative will be developed into a preliminary design.At the preliminary design phase,the overall
project footprint should be fixed, all major project elements shown, hydraulic structures sized, and quantities and
extent of key materials such as rock and LWD known.We anticipate permits are to be submitted on this plan set,so
measurements of fill below ordinary high-water mark and other required permit metrics will be developed.
The plans will include preliminary TESC and water management(isolation) methods, if needed.Accompanying the
plans will be a list of the special provisions that will be required to be developed,a draft Basis of Design Report
(BODR), and a construction cost estimate.At this phase, project extents will be defined and provided to the County
to inform right-of-way easements and acquisitions necessary for construction.
Assumptions
• Plans will be delivered as 11x17 pdfs and AutoCAD 2020
• Plans will use County standard format.
• A bioengineered approach will be designed and permitted. If a structural alternative is chosen,a contract
amendment will be required to include structural and geotechnical final design services.
County Responsibilities
• Review of plans and documents
• County project manager is responsible for distribution of documents and collation of comments from other
County reviewers.
Deliverables
• Preliminary Design Plans (PDF)
• Concept Design OPCC(Spreadsheet)
• Draft Basis of Design Report
• Draft Geotechnical Report
4.5 Permitting
Agreement Number: Shorey 2022-1
Exhibit A-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
The project activities will require coordination, permits, and approvals from several regulatory agencies and
authorities, including the Washington State Department of Transportation (WSDOT), U.S.Army Corps of Engineers
(USACE),Washington Department of Fish and Wildlife(WDFW),Washington Department of Natural Resources
(WDNR),Washington Department of Ecology(WDOE),and the County Planning Department.This scope of work
includes efforts anticipated for permitting designed activities. Environmental mitigation may be a condition of some
permits along with field studies required to characterize existing environmental conditions(mitigation if required has
not been included in this scope of work).
Assumptions
• The County will be the lead agency under the State Environmental Policy Act(SEPA).
• It is assumed that SEPA review will result in a Mitigated Determination of Non-Significance, and that an
Impact Statement(EIS)will not be required,or an exemption will be granted.
• The project may impact wetlands or waters of the State and U.S. It is assumed that a Joint Aquatic Resource
Permit Application (JARPA)will be required.
• If geotechnical explorations are required waterward of the ordinary high water mark,additional permits
from state and federal agencies will be required;these are not included in this scope and budget.
• The FHWA/WSDOT will be the lead federal agency for the National Environmental Policy Act(NEPA) process.
The WSDOT will coordinate and lead the NEPA documentation process. NEPA documentation prepared
under this scope of work is anticipated to be limited to a NEPA Categorical Exclusion Documentation Form
(including an Environmental Justice Memorandum, Hazardous Materials Memorandum, possible wetland
and other waters delineation, US Coast Guard jurisdictional determination,etc.),Cultural Resources
Assessment under Section 106 of the National Historic Preservation Act, and either 4(d)documentation or a
Biological Assessment(BA) under Section 7 of the Federal Endangered Species Act.
• A Hydraulic Project Approval (HPA) application will need to be submitted to WDFW.
• If an easement or aquatic use authorization is needed from the WDNR, it will be attained through JARPA
Attachment E. If supporting documentation, in addition to JARPA Attachment E, is required to attain an
easement or aquatic use authorization from the WDNR,an amendment to this scope and budget will be
needed.
• Timely reviews of submitted deliverables will occur at mutually agreed upon times and consolidation of
review comments into one review document prior to returning to the Consultant.
• Up to three agency meetings may be held to discuss project design and construction concepts, anticipated
environmental impacts,and potential avoidance/minimization/mitigation opportunities, including an all-
agency meeting,a County pre-application meeting,and one additional permit-related agency meeting.
• The Consultant will be the agent listed on the state and federal permit applications to expedite review and
approval(unless otherwise directed).
• Permit fees, if required,will be paid by the County.
• Consultant will obtain signatures and submit permit applications and supporting documents to the County.
• The project will be approved under one or more Nationwide Permits(NWPs). If the project design triggers
an Individual Permit,The Consultant can provide a separate scope to support that process.
• The Consultant will provide digital project drawings in the required 8.5x11 JARPA format.
• Services not specifically identified herein,are expressly excluded.
• Since the level of permitting effort cannot be accurately predicted,the budget provided for coordination is
an allowance only,which is to be expended on a time-and-material basis.
• A maximum of two rounds of combined reviews and responses to stakeholders' (e.g.,WSDOT, USACE,
WDFW,WDNR,WDOE,tribes) comments will be provided. Response to comments will commence when
we have been provided all comments from the stakeholders.
• Restoration planting is assumed to take place within project limits. Others to provide locations for areas to
be restored.Should offsite mitigation be needed,this service can be provided as an addition.
• Landscape Restoration plans will be provided as PDF documents.Assumes a maximum of 2 sheets. Plans
will show planting areas, plant list, and planting detail.
• Tree assessments and preservation and protection plans are not included under this scope.
• Surveying, specification development,or a Temporary Erosion and Sediment Control plan are not included
Agreement Number: Shorey 2022-1
Exhibit A-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
in this scope. Survey will be required for OHWM,flagged wetlands and associated buffers.
• Minimal grading and bioengineering fill are anticipated for this project. Pertinent information to apply for
and attain a fill and grade permit will be provided, if applicable.Should an alternative be selected that
requires extensive excavation or structural support,a contract amendment will be needed to include
structural,geotechnical,and cultural final design services.
County Responsibilities
• Provide pertinent project-related documentation
• Liaise with external stakeholders
• Actively participate in permitting process
• Review draft deliverables
Deliverables
• Draft and final environmental documents and permit applications, including a critical areas report; SEPA
checklist; NEPA documentation;4(d)documentation or a BA;JARPA for USACE NWP and Shoreline
Substantial Development Permit,Shoreline Exemption, or Shoreline Conditional Use and Floodplain
Development Permit; HPA application;fill and grade permit application; and restoration plans.
• Responses to agency questions
• Permitting meeting agendas and minutes
4.6 No-Rise/CLOMR/LOMR Analysis
The project site is in a FEMA regulated Zone AE Floodplain and has a designated Floodway. However,the existing
Newaukum River conditions at the project site are changed from the original FEMA published Flood Insurance Study
(FIS) study.As defined in 44 CFR 60.3, FEMA regulates projects within a Floodway to demonstrating zero rise relative
to the 100-year, base flood elevation.The Consultant will attempt to design the project so that there is no increase
to the 100-year base flood elevation.Consultant will provide a No-Rise Certification if the project is able to avoid an
increase to the 100-year base flood elevation. If FEMA's No-Rise criteria cannot be met, a CLOMR& LOMR will be
necessary to document the change in 100-year flood elevations;scope and budget to complete a CLOMR&LOMR is
not included as part of this task order and would require an amendment to do so after design.The Consultant will
document findings of this analysis in a Basis of Design memo.
Assumptions
• Applying for and receiving a CLOMR from FEMA will not be feasible to meet the target timeline for this
project.The 30%design will be modified to ensure it meets FEMA and the County's No-Rise criteria.
County Responsibilities
• Provide design review and comment regarding project design and County Floodplain Codes
Deliverables
• No-Rise Certification
• Documentation in the Basis of Design memo
5 Final Design
The Consultant will provide 90%and 100%design packages for the project. Drawings and cost estimates will be
developed at each phase. Draft special provisions and specifications will be identified at 90%and full specifications
package provided at 100%.The Basis of Design Report will be finalized at 90%.The 100% package will be produced
as a draft and final version.
Consultant will integrate one consolidated set of comments provided by the County for each deliverable into
subsequent submittals. Consultant will submit the final design package,stamped by a Washington State registered
Professional Engineer,consisting of plans(PDF),special provisions(MS Word)and engineer's cost estimate.A Basis
of Design Report will be prepared to document design methods and summarize the final analyses.
5.4 90%Plans,Specifications, and Estimates
Agreement Number: Shorey 2022-1
Exhibit A-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Assumptions
• One 1-hour comment resolution meeting for the 90%deliverable
• No roadway improvements are expected for this project
• Consultant will provide plans for riverine aspects of the project as well as TESC plan.
County Responsibilities
• Provide one set of consolidated review comments
• Traffic management plan
Deliverables
• 90%plans, draft specifications,cost estimate
• 90%comment responses
• Final Basis of Design memo
• Final Geotechnical Report
5.5 100%Plans,Specifications, and Estimates
Assumptions
• One 1-hour comment resolution meeting for the 100%(draft)deliverables
County Responsibilities
• Provide one set of consolidated review comments
Deliverables
• 100% plans,full specifications,cost estimate (draft and final)
• 100% (draft)comment responses
5.6 Bid-Phase Support
Consultant will provide bid-phase support to the County on an as needed basis to provide desktop responses and
calculations as necessary to answer questions during the bid-phase. Up to five responses to requests for additional
information (RFAI)are included in this task.
Assumptions
• N/A
County Responsibilities
• Coordinate responses needed from Consultant for RFAls
Deliverables
• Email responses to RFAls
Agreement Number: Shorey 2022-1
Exhibit A-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit B
DBE Participation
Exeltech Consulting, Inc., (MBE/DBE) will be responsible for environmental documentation and
permitting, and structural engineering. The estimated portion of the budget completed by
Exeltech Consulting, Inc.is 34%. It is anticipated that this project will meet or exceed the project's
16% DBE requirement.
Agreement Number: Shorey 2022-1
Exhibit B-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
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
AutoCAD Civil 3D
If applicable,provide all features in XML file format
B. Roadway Design Files
AutoCAD Civil 3D
If applicable,provide all features in XML file format such as but not limited to:
-Silt fence, clear and grub limits
-Slope stake information, i.e.. catch, bottom of ditch, subgrade shoulder, centerline, etc.
-Cross-sections showing elevations and distance from centerline on 50 foot stations and at all PC's, PT's
at the beginning and end of all section changes, etc.
- Guardrail beginning and ending stations and offsets
-Any and all items listed on plans be station and offset
C. Computer Aided Drafting Files
AutoCAD Civil 3D
If applicable,provide all features in XML file format.
Agreement Number:Shorey 2022-1
Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4
D. Specify the Agency's Right to Review Product with the Consultant
Lewis County will receive all documents for review and comment prior to transmittal to any outside
agency.
E. Specify the Electronic Deliverables to Be Provided to the Agency
Electronic deliverables include CAD data, GIS data, and PDFs of all survey, design plans, permit
drawings, memorandums, reports, and special provisions.
F. Specify What Agency Furnished Services and Information Is to Be Provided
Lewis County may provide survey or other design data as documented within the contract.
Agreement Number: Shorey 2022-1
Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4
IL Any Other Electronic Files to Be Provided
HEC-RAS data and Excel spreadsheets used for computation of quantities, flow rates, or discharge.
III. Methods to Electronically Exchange Data
E-mail, dropbox, ftp site, or CD (if required by outside agency).
Agreement Number: Shorey 2022-1
Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4
A. Agency Software Suite
Microsoft Office 365
B. Electronic Messaging System
N/A
C. File Transfers Format
General transfer formats will be AutoCAD Civil 3D (.dwg or .dxf),ArcGIS (.shp or .gdb), and .pdf. On
occasion .jpeg or .doc may be requested.
Agreement Number: Shorey 2022-1
Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 4 of 4
Exhibit D
Prime Consultant Cost Computations
See following pages.
Firm NHC
Direct Rate $ 86.54 I $ 72.12 I $ 50.48 I $ 38.46 $ 48.08 $ 57.69
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1 PM,Coordination,Objectives
1.1 General Project Management Services 5 10 1 16 $ 1,212
1.2 Coordination Meetings 8 30 20 58 $ 3,866
1.3 Document and Data Sharing 2 2 $ 144
2 Site Investigation
2.1 Site Visit and Kick-off Meeting 8 8 10 4 30 $ 1,966
2.2 Environmental Review 4 4 6 14 $ 938
2.3 Cultural Resources Assessment 0 $ -
2.4 Geotechnical Engineering 0 $ -
2.5 Survey 2 8 60 70 $ 3,779
2.6 Geomorphic,Hydrologic,and HydraulicAnlayses 3 14 80 12 109 $ 5,769
3 Alternatives Development and Selection
3.1 Alternatives Development 7 16 26 49 $ 3,072
3.2 Alternatives Analysis 8 14 54 76 $ 4,428
3.3 Preferred Alternative Selection 4 8 15 27 $ 1,680
4 Preliminary Design
4.1 30%Design 20 30 64 40 154 $ 9,048
4.2 Permitting 4 16 24 8 52 $ 3,096
4.3 No-Rise Analysis 6 16 40 62 $ 3,692
5 Final Design and Permitting
5.1 90%PS&E 12 20 48 80 $ 4,904
5.2 100%PS&E 6 12 30 48 $ 2,899
5.3 Bid Phase Support 2 4 20 26 $ 1,471
Total Hours 99 212 497 12 52 1 873
Direct Labor Cost $8,567 $15,289 $25,089 $462 $2,500 $58 $ 51,965
Overhead 181.81% $ 94,477
Fixed Fee 30% $ 15,589
Direct Charges
Mileage $ 730 $ 730
Lodging $ -
Per Diem $ -
Survey Supplies $ -
Field Supplies $ -
Geotechnical Drilling $ -
Geotechnical Traffic Control and Private Locate $ -
Geotechnical Laboratory Testing $ -
Total Cost Plus Fixed Fee $162,762 I $162,762
Agreement Number: Shorey 2022-1
Exhibit D-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Actuals Not To Exceed Table (ANTE)
Northwest Hydraulic Consultants Inc
12787 Gateway Dr S
Seattle WA 98168-3308
Direct Labor Overhead Fixed All Inclusive
Job Classifications Hourly Billing NTE Fee NTE Hourly Billing Rate
Rate NTE 181.81% 30.00% NTE
Principal $86.54 ' $157.34 $25.96 $269.84
Sr Project Engineer/Scientist $79.33 $144.22 $23.80 $247.35
Senior Engineer/Scientist 1 $72.12 $131.11 $21.63 $224.861
Senior Engineer/Scientist 2 $60.10 $109.26 $18.03 $187.39
Engineer/Scientist 1 $50.48 $91.78 $15.14 $157.40
Engineer/Scientist 2 $43.27 $78.67 $12.98 $134.92
Jr. Engineer/Scientist $38.46 $69.93 $11.54 $119.93
Staff Scientist 3 $38.46 $69.93 $11.54 $119.93
Senior Eng Technician $45.67 $83.04 $13.70 $142.41
GIS Analyst 1 $48.08 $87.41 $14.42 $149.91
GIS Analyst 2 $38.46 $69.93 $11.54 $119.93
Engineering Technician $33.65 $61.19 $10.10 $104.94
Jr. Engineering Technician $28.85 $52.45 $8.65 $89.95
Technical Editor $36.54 $66.43 $10.96 $113.93
Contract Administrator $57.69 $104.89 $17.31 $179.89
Sr. Technical Editor $45.67 $83.04 $13.70 $142.41
Agreement Number: Shorey 2022-1
Exhibit D-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit E
Sub-consultant Cost Computations
If no sub-consultant participation 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 following pages.
Firm Exeltech Consulting
Direct Rate $74.10 $55.00 $54.60 $60.03 $36.77 $30.08
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1 PM,Coordination,Objectives
1.1 General Project Management Services 26 56 16 40 138 $ 7,083
1.2 Coordination Meetings 12 12 24 $ 1,549
1.3 Document and Data Sharing 8 12 20 $ 1,253
2 Site Investigation
2.1 Site Visit and Kick-off Meeting 0 $ -
2.2 Environmental Review 24 192 24 164 404 $ 19,679
2.3 Cultural Resources Assessment 0 $ -
2.4 Geotechnical Engineering 0 $ -
2.5 Survey p $
2.6 Geomorphic,Hydrologic,and Hydraulic Anlayses i 0 $ -
3 Alternatives Development and Selection i�; -, ._, _ ;
3.1 Alternatives Development 28 28 $ 1,681
3.2 Alternatives Analysis 4 16 32 52 $ 3,097
3.3 Preferred Alternative Selection 4 16 24 4 48 $ 2,634
4 Preliminary Design
4.1 30%Design 0 $ -
4.2 Permitting 0 $ -
4.3 No-Rise Analysis 0 $ -
5 Final Design and Permitting
5.1 90%PS&E 0 $ -
5.2 100%PS&E 0 $ -
5.3 Bid Phase Support 0 $ -
Total Hours 78 304 64 60 168 40 714
Direct Labor Cost $5,780 $16,720 $3,494 $3,602 $6,177 $1,203 $ 36,977
Overhead 145.45% $ 53,782
Fixed Fee 30% $ 11,093
Direct Charges $ 1,000
Mileage $ -
Lodging $ -
Per Diem $ -
Survey Supplies $ -
Field Supplies $ -
$ -
$ -
$ -
Total Cost Plus Fixed Fee $ 102,852
Agreement Number: Shorey 2022-1
Exhibit E-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
ACTUALS NOT TO EXCEED (ANTE)
EXELTECH CONSULTING, INC.
8729 Commerce PI DR NE
Lacey, WA 98516
Job Direct Overhead Fixed Fee All Inclusive
Classification Rate NTE DSC Hourly Rate
WSDOT/ Exeltech NTE 145.45% 30.00% NTE
Deputy /Principal $ 90.92 $ 132.24 $ 27.28 $ 250.44
Director/ Sr Project Manager $ 83.77 $ 121.84 $ 25.13 $ 230.74
Bridge Engineer 7/ Sr Structural Engineer $ 64.62 $ 93.99 $ 19.39 $ 178.00
Bridge Engineer 3/ Bridge Engineer $ 49.96 $ 72.67 $ 14.99 $ 137.62
Civil Engineer 4/ Sr. Civil Engineer $ 53.51 $ 77.83 $ 16.05 $ 147.39
Environmental Specialist 5/Environmental
Scientist $ 54.52 $ 79.30 $ 16.36 $ 150.18
Civil Engineer 3/Civil Engineer _$ 46.87 $ 68.17 $ 14.06 $ 129.10
Engineer/ Design Engineer $ 34.51 $ 50.19 $ 10.35 $ 95.05
Construction Project Coordinator 4/
Resident Engineer $ 54.50 $ 79.27 $ 16.35 $ 150.12
Construction Project Coordinator 4/ Office
Engineer _ $ 42.75 $ 62.18 $ 12.83 $ 117.76
Construction Project Coordinator 4/
Construction Inspector $ 48.29 $ 70.24 $ 14.49 $ 133.02
Administrative Assistant 3/ Construction
Documentation $ 36.77 $ 53.48 $ 11.03 $ 101.28
Drafting Technician 3/CADD $ 34.97 $ 50.86 $ 10.49 $ 96.32
Transportation Planning Specialst 5/
Landscape Architect $ 54.60 $ 79.42 $ 16.38 $ 150.40
Administrative Assistant 5/Administration $ 52.38 $ 76.19 $ 15.71 $ 144.28
Agreement Number: Shorey 2022-1
Exhibit E-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Firm Landau Associates
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1 PM,Coordination,Objectives
1.1 General Project Management Services 10 10 20 $ 1,015
1.2 Coordination Meetings 8 8 $ 504
1.3 Document and Data Sharing 0 $ -
2 Site Investigation
2.1 Site Visit and Kick-off Meeting 6 6 $ 378
2.2 Environmental Review 0 $ -
2.3 Cultural Resources Assessment 0 $ -
2.4 Geotechnical Engineering 2 6 30 2 40 $ 1,597
2.5 Survey 0 $ -
2.6 Geomorphic,Hydrologic,and Hydraulic Anlayses 0 $ -
3 Alternatives Development and Selection
3.1 Alternatives Development 2 8 8 18 $ 942
3.2 Alternatives Analysis 2 8 8 18 $ 942
3.3 Preferred Alternative Selection 2 2 $ 126
4 Preliminary Design
4.1 30%Design 2 8 24 4 4 42 $ 1,746
4.2 Permitting 0 $ -
4.3 No-Rise Analysis I 0 $ -
5 Final Design and Permitting 411to igiii. im'am,
5.1 90%PS&E 1 2 1 4 $ 256
5.2 100%PS&E 0 $ -
5.3 Bid Phase Support i i I 0 $ -
Total Hours 9 ' 58 0 70 17 4 158
Direct Labor Cost $91 $63 $48 $32 $39 $35 $ 7,506
Overhead 213.84% $ 16,051
Fixed Fee 30% $ 2,252
Direct Charges
Mileage $ 200
Lodging $ -
Per Diem $ -
Survey Supplies $ -
Field Supplies $ -
Geotechnical Drilling $ 5,400
Geotechnical Traffic Control and Private Locate $ 1,500
Geotechnical Laboratory Testing $ 1,200
Total Cost Plus Fixed Fee $ 34,109
Agreement Number: Shorey 2022-1
Exhibit E-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Landau Associates Labor Breakdown
2022 Min/Max Table
Salaries as of January 1, 2022
Direct Labor Indirect Cost Professional Fee All inclusive Hourly
Job Classification Rate Range 213.84% 30.00% Billing Rate
Lower Upper Lower Upper Lower Upper Lower Upper
Senior Principal $86.53 $117.79 $185.04 $251.88 $25.96 $35.34 $297.52 $405.01
Principal $66.10 $93.75 $141.35 $200.48 $19.83 $28.13 $227.28 $322.35
Senior Associate $54.32 $74.52 $116.16 $159.35 $16.30 $22.36 $186.77 $256.23
Associate $46.63 $56.01 $99.71 $119.77 $13.99 $16.80 $160.33 $192.58
Senior $43.26 $55.00 $92.51 $117.61 $12.98 $16.50 $148.75 $189.11
Senior Project $37.01 $47.36 $79.14 $101.27 $11.10 $14.21 $127.26 $162.84
Project $33.65 $36.06 $71.96 $77.11 $10.10 $10.82 $115.70 $123.99
Senior Staff/CAD Designer $30.76 $45.35 $65.78 $96.98 $9.23 $13.61 $105.77 $155.93
Staff/Senior Technician II $26.44 $33.00 $56.54 $70.57 $7.93 $9.90 $90.91 $113.47
Data Specialist $29.55 $38.47 $63.19 $82.26 $8.87 $11.54 $101.60 $132.28
CAD/GIS Technician $34.65 $43.35 $74.10 $92.70 $10.40 $13.01 $119.14 $149.05
Project Coordinator $26.00 $38.50 $55.60 $82.33 $7.80 $11.55 $89.40 $132.38
Assistant/Technician $20.00 $22.90 $42.77 $48.97 $6.00 $6.87 $68.77 $78.74
Support Staff $18.00 $25.75 $38.49 $55.06 $5.40 $7.73 $61.89 $88.54
Agreement Number: Shorey 2022-1
Exhibit E-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Firm Cultural Resource Consultants
Direct Rate $ 60 $ 50 $ 35 $ 25 $ 41
w
a ti
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o 40
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a- "Cl u v QI
p V 61 N Ul L _p
•
¢ V -,
a E a a ii 0 I- o
1 PM,Coordination,Objectives
1.1 General Project Management Services 0 $ -
1.2 Coordination Meetings 4 4 8 $ 340
1.3 Document and Data Sharing 0 $ -
2 Site Investigation
2.1 Site Visit and Kick-off Meeting 8 8 $ 400
2.2 Environmental Review 0 $ -
2.3 Cultural Resources Assessment 3 3 44 12 3 65 $2,293
2.4 Geotechnical Engineering 0 $ -
Survey2.5 -
2.6 Geomorphic,Hydrologic,and Hydraulic Anlayses I 0 $ -
3 Alternatives Development and Selection
3.1 Alternatives Development ! 0 $ -
3.2 Alternatives Analysis _ _ _ _ __ ___i _ 0 $ -
3.3 Preferred Alternative Selection — 0 $ -
4 Preliminary Design
4.1 30%Design 0 $ -
4.2 Permitting _ EMI 0 $ -
4.3 No-Rise Analysis 0 $ -
5 Final Design and Permitting
5.1 90%PS&E _ 0 $ -
5.2 100%PS&E 0 $
—5.3 Bid Phase Support 0 $ -
Total Hours 3 3 44 12 3 81
Direct Labor Cost $180 $150 $1,540 $300 $123 $3,033
Overhead 86.72% $2,630
Fixed Fee 30% $ 910
Direct Charges
Mileage 224 $ 224
Lodging $ -
Per Diem $ -
Survey Supplies $ -
Field Supplies $ -
$ -
$ -
$ -
Total Cost Plus Fixed Fee $6,797
Agreement Number: Shorey 2022-1
Exhibit E-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Cultural Resource Consultants
PO Box 4159, Seattle, WA 98194
206 855-9020
2022 Rates
Job Direct Labor Rites Overhead Fixed Fee All Inclusive Hourl Overture
Classification 86.72% 23.80°%o Billing Rate Billing Rate
Min Max Min Max Min Max Min Max Alin Max
Principal Investigator $ 50.00 $ 72.10 $ 43.36 $ 62.53 $ 11.90 $ 17.16 $105.26 $151.78 S 130.26 $187.83
Projects Manager $ 30.00 $ 61.80 $ 26.02 $ 53.59 $ 7.14 $ 14.71 $ 63.16 $130.10 $ 78.16 $161.00
Senior Archaeologist $ 30.00 $ 61.80 $ 26.02 $ 53.59 $ 7.14 $ 14.71 $ 63.16 $130.10 $ 78.16 S 161.00
Project Historic Architect $ 30.00 $ 61.80 $ 26.02 $ 53.59 $ 7.14 $ 14.71 $ 63.16 $130.10 $ 78.16 $161.00
Project Historian I $ 30.00 $ 56.65 $ 26.02 S 49.13 $ 7.14 $ 13.48 $ 63.16 $119.26 $ 78.16 $147.58
Project Historian II $ 27.00 $ 36.05 $ 23.41 $ 31.26 $ 6.43 $ 8.58 $ 56.84 $ 75.89 $ 70.34 $ 93.92
Project Historian III $ 24.00 $ 30.90 $ 20.81 $ 26.80 $ 5.71 $ 7.35 $ 50.52 $ 65.05 $ 62.52 $ 80.50
Historic Built Environment $ 30.00 $ 56.00 $ 26.02 $ 48.56 $ 7.14 $ 13.33 $ 63.16 $117.89 $ 78.16 $145.89
Project Archaeologist I $ 30.00 $ 56.65 $ 26.02 $ 49.13 $ 7.14 $ 13.48 $ 63.16 $119.26 S 78.16 S 147.58
Project Archaeologist II $ 25.00 $ 46.35 $ 21.68 $ 40.19 $ 5.95 $ 11.03 $ 52.63 $ 97.58 $ 65.13 $120.75
Project Archaeologic III $ 20.00 $ 41.20 S 17.34 $ 35.73 $ 4.76 $ 9.81 $ 42.10 $ 86.73 $ 52.10 $107.33
Office Manager $ 24.00 $ 51.50 S 20.81 $ 44.66 $ 5.71 $ 12.26 $ 50.52 $108.42 S 62.52 $134.17
Office Assistant $ 14.00 $ 24.72 $ 12.14 $ 21.44 $ 3.33 $ 5.88 $ 29.47 $ 52.04 S 36.47 S 64.40
Field Archaeologist I $ 18.00 $ 26.78 $ 15.61 S 23.22 $ 4.28 $ 6.37 $ 37.89 $ 56.38 S 46.89 $ 69.77
Field Archaeologist II $ 17.00 $ 25.75 $ 14.74 $ 22.33 $ 4.05 $ 6.13 $ 35.79 $ 54.21 S 44.29 $ 67.08
Field Archaeologist III $ 16.00 $ 24.72 $ 13.88 $ 21.44 $ 3.81 $ 5.88 $ 33.68 $ 52.04 $ 41.68 $ 64.40
Field Technician $ 14.00 $ 18.54 S 12.14 S 16.08 $ 3.33 $ 4.41 $ 29.47 $ 39.03 S 36.47 $ 48.30
NOTE:
Invoiced labor rates may be less than the Min rate shown but will not exceed the Max rate.
All travel will be billed per WSDOT Travel Regulations.
Agreement Number: Shorey 2022-1
Exhibit E-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
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.
6. 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.
Local Agency A&E Professional Services Cost Agreement Number Shorev2022-1
Plus Fixed Fee Consultant Agreement Revised 02/01/2021
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).
Local Agency'CIE Professional Services Agreement Number Shorev2022-1
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G
Certification Documents
Exhibit G-I(a) Certification of Consultant
Exhibit G-I(b) Certification of Lewis County Public Works
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
Agreement Number: Shorey 2022-1
Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit G-1(b) Certification of Lewis County Public Works
I hereby certify that I am the:
El
❑ Other
of the Lewis County Public Works Department , and Lewis County
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay,or agree to pay,to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated(if any):
I acknowledge that this certificate is to be furnished to the
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.
7--//
Ign�/• ' Date
Agreement Number: Shorey 2022-1
Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
Northwest Hydraulic Consultants Inc.
whose address is
12787 Gateway Drive S., Seattle, WA 98168
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 this AGREEMENT;or
c) Paid,or agreed to pay,to any firm, organization or person(other than a bona fide employee working solely
for me or the above CONSULTANT)any fee,contribution, donation,or consideration of any kind for,or in
connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any);
I acknowledge that this certificate is to be furnished to the Lewis County Public Works
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.
Northwest Hydraulic Consultants, Inc.
Consultant(Firm Name)
2I712022
Signature(Authorized Official of Consultant) Date
Agreement Number: Shorey 2022-1
Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
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; and
D. Have not within a three (3) year period preceding this application/proposal had one or more public
transactions (Federal, State and local)terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Northwest Hydraulic Consultants, Inc.
Consultant(Firm Name)
2/7/2022
Signature(Authorized Official of Consultant) Date
Agreement Number: Shorey 2022-1
Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
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:
1. 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 cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT,the undersigned shall complete and submit
Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352,Title 31,U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000.00,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$100,000,
and that all such sub-recipients shall certify and disclose accordingly.
Northwest Hydraulic Consultants, Inc.
Consultant(Firm Name)
2/7/2022
Signature(Authorized Official o Consultant) Date
Agreement Number: Shorey 2022-1
Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief,the cost or pricing data(as defined in section
2.101 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing,to the Contracting Officer or to the Contracting Officer's
representative in support of* are accurate, complete,and current
as of **
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm:
Signature Title
Date of Execution***: Form G-4 is not required per Section XVI.
*Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.)
**Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to. Agreement Number: Shorey 2022-1
Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to theAGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to$
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of$
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified fmancial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims,including claim amounts already reserved against the fund, safeguards established for payment
from the fund,a copy of the latest annual financial statements,and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract,whichever is greater, then justification shall be submitted
to the Federal Highway Administration(FHWA)for approval to increase the minimum insurance limit.
If FHWA approval is obtained,the AGENCY may,at its own cost,reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $
0 Include all costs, fee increase,premiums.
0 This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
Agreement Number:Shorey 2022-1
Exhibit H-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition,it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s)is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s),the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager,who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s)and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work;photographs,records of labor,materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further,the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel(including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed regarding the consultant's alleged design
error(s),there are three possible scenarios:
0 It is determined via mutual agreement that there is not a consultant design error(s). If this is the
then the process will not proceed beyond this point.
0 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.
0 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 theirlegal
counsel,is not able to reach mutual agreement with the consultant,proceed to Step 5.
Agreement Number:Shorey 2022-1
Exhibit I-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
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.
0 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.
0 If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number: Shorey 2022-1
Exhibit I-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than$1,000. If the consultant's claim(s)are a total
of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total$1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work,they may be entitled to a claim.The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
0 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
0 Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1,the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation,payment will need to be from
agency funds.
If the Agency project manager,Director of Public Works or Agency Engineer,WSDOT Local Programs
(if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo,including
backup documentation to the consultant to either supplement the agreement,or create a new agreement
for the claim. After the request has been approved,the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit.No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures.
Agreement Number:Shorey 2022-1
Exhibit J-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
- Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
- Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
L Explanation to describe what has been instituted to preclude future consultant claim(s); and
Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation,payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify(in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number: Shorey 2022-1
Exhibit J-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Feb. 8, 2022
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve a Consultant Contract with Northwest Hydraulic Consultants Inc. (NHC) for Design
Services for the Shorey Road Bank Stabilization Project, CRP 21590, Federal Aid #ER-2101(001)
Contact: Josh Metcalf Phone: 360.740.2762
Department: PW - Public Works
Description:
This resolution will approve a consultant contract with Northwest Hydraulic Consultants, Inc. to
provide engineering design, permitting, and other support services to address the bank erosion
threatening the roadway on Shorey Road between MP 0.598 and 0.618. This project seeks to
develop a long-term protection project to be completed in the August-September 2022 fish
construction window. The total amount authorized is $306,519 with a management reserve of
$30,000 for a maximum amount payable of $336,519.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies: Cover Letter To:
Sadie Rockey, PW; Tina Hemphill, PW; Robin
Saline, PW; Tim Fife, PW;Geoff Soderquist,
PW; Ann Weckback, PW