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045-09 - Resolution - Contract with NL Olson & Associates for Bay Street SeawallIntroduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 045-09 Public Works Director Public Works Director Public Works Director April 28, 2009 April 28, 2009 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH N.L. OLSON & ASSOCIATES, INC. FOR BAY STREET SEAWALL FINAL DESIGN WHEREAS, on March 12, 2009, the Public Works Department interviewed by phone, three (3) firms selected from the 2009 Public Works Professional Services Roster and unanimously selected N.L. Olson & Associates, Inc. for the 2009 Bay Street Seawall Plans, Specifications and Estimate (PS&E)and Permitting; and WHEREAS, on March 20, 2009, the Washington State Department of Transportation Local Agency approved the City's selection; and WHEREAS, on March 27, 2009, the City of Port Orchard Public Works Department met with N.L. Olson & Associates, Inc. to define the scope of services; and WHEREAS, N.L. Olson & associates, Inc. submitted a Proposal in an amount not to exceed $50,700; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council authorizes the Mayor to execute a contract (Exhibit A incorporated herein by reference) with N.L. Olson & Associates, Inc. for the 2009 Bay Street Wall PS&E and Permitting in an amount not to exceed $50,700. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 28th day~.!:· ril 20~ / / -::. ' ~· ·--.... ~-.,." /,.., ' / Local Agency Standard Consultant Agreement ~ Architectural/Engineering Agreement D Personal Services Agreement Agreement Number Federal Aid Number S TPvS'-~t.ool ( ool) Agreement Type {Choose one) ~Lump Sum Lump Sum Amount $ 50,712.50 D Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method D Actual Cost D Actual Cost Not To Exceed D Fi xed Overhead Rate Fixed Fee $ D Specific Rates Of Pay D Negotiated Hourly Rate D Provisional Hourly Rate D Cost Per Unit of Work Index of Exhibits (Check all that apply): ~ Ex hibit A-1 Scope of Work D Exhibit A-2 Task Order Agreement D Exhibit B-1 DBE Utilization Certificat ion ~ Exh ibit C El ectron ic Exchange of Data ~ Exh ibit D-1 Payment -Lump Sum D Exh ibit D-2 Payment -Cost Plus D Exhibit D-3 Payment-Hourly Rate D Exh ibit D-4 Payment -Provisional ~ Exhibit E-1 Fee-Lump/Fixed/U nit D Exh ibit E-2 Fee-Specific Rates D Exh ibit F Overhead Cost ~ Exhib it G Sub contracted Work ~ Exhibit G-1 Subconsultant Fee % % % THIS AGREEMENT, made and entered into this 22 Consultant/Addressrr elephone N.L. Olson & Associates, Inc. 2453 Bethel A venue Port Orchard, W A 98366 (360)-876-2284 Project Title And Work Description Bay Street Seawall Safety Upgrades Project PS & E and Environmenta l permitting assistance for new reinforced concrete traffic banner and future pedestrians walkway. DBE Participation DYes ~No % FederaiiD Number or Social Security Number 91-1153683 Do you require a 1099 for IRS? Completion Date DYes ~No December 31, 201<1 Total Amount Authorized$ Management Reserve Fund $ Maximum Amount Payable$ 0 Exhibit G-2 Fee-Sub Specific Rates D Exhibit G-3 Sub Overhead Cost ~ Exhibit H Title VI Assurances ~ Exhibit I Payment Upon Termination of Agreement ~ Ex hibit J Alleged Consu ltant Design Error Procedures ~ Exhibit K Cons ultant Claim Procedures D Exhibit L Liability Insurance Increase ~ Exhibit M-1 a Consu ltant Certification ~ Exhibit M-1 b Agency Official Certification ~ Exhibit M-2 Certification-Primary D Exhibit M-3 Lobbying Certificat ion D Exhibit M-4 Pricing Data Cert ification ~ App. 31.910 Supplementa l Signature Page day of April 2009 between the Local Agency of City of Port Orchard , Wa shington, hereinafter called the "AGENCY", and the above organ izat ion hereinafter called the "CONSU LTANT". DOT Form 140-089 EF Revised 3/2008 Page 1 of 8 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. 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 Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSUL TANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSUL TANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of US DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation ofthis warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full-or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law I 00-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above fommla for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph ofthis section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of B XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnity and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnity the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (I) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULT ANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1 ,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1 ,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1 ,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (I) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modifY the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justifY it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M-l(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters-Primary Covered Transactions, Exhibit "M-3'' Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratifY and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 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. DOT Form 140-089 EF Revised 3/2008 Page 8 of 8 Exhibit A-1 Scope of Work Project No. See-attached letter (Scope ofW:orlcandRudget) Exhibit "N" dated April 16,2009 from NLDJson & A ssociates,-Inc_to Mark Dorsey, City of Port Orchard See attached letteL(Suhconsultant Scope ofW:ork) FxhihiL~CEdated April 22, 2009 fro!lLGeoEngineers .. ····-··---------------------- Documents To Be Furnished By The Consultant Interim and finaLsubmittals for the following items· Existing Conditions Plan Site Preparation ,.Demolition.&..,Stua'l;g~inug~P:.~.Iawnu_ _______________ _ Paving & Re=stur.LJipflJiwn'l'g~Pulwa.un ________ _ Grading & Storm Plan New Iraffic.Barrier & Futme Pedestrian Walkway Plan.J.&>LJP::.~r:Lou.fiule"----------------- Roadway, Traffic Barrier and.future..WaJ .. k_,waa~y~S"'e""c"'t.uio.un"'s,_ _____ _ Temporary_Erosion and Sediment Control (IFSC) Traffic Control Plan ·····------------ Stmctmal DesignuPc.luawn"'s-'&"'-'D~e'"t"'a.uil..,_s _____ _ Structmal Design Calculations/ReporL ______________________ _ Preparation of Specifications & Special Provisions DOT Form 140-089 EF ExhibitA-1 Revised 6/05 A ~! ~ N.L.Oison&Associates,ln c. Engineering, Planning and Land Surveying . April 16, 2009 EXHIBIT "N" CONSULTANT SCOPE OF WORK Mark Dorsey, P.E. Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 RE: Proposal-Scope of Work & Budget Civil Engineering, Surveying & Environmental Permitting Bay Street Seawall Safety Upgrades Project City of Port Orchard, WA Dear Mr. Dorsey: N.L. Olson & Associates, Inc (N .L. Olson) is privileged to be selected to provide the City of Port Orchard the professional civil engineering, surveying and environmental permitting services required for the Bay Street Seawall Safety Upgrades project (the project). This letter provides our proposed scope of work and budget for the project. Based on the March 27, 2009 project scoping meeting, the tie-back grade-beam concept will be used for the project design to create a traffic safety barrier and to provide the structural support for a potential future pedestrian walkway. It is our understanding that although the future pedestrian walkway will be included in the design, only the traffic barrier portion is proposed for construction at this time. Given the prior approval by the City of Port Orchard Public Works Department (the City), GeoEngineers will assist N.L. Olson with the environmental permitting tasks for the project as a sub-consultant. The proposal from GeoEngineers to N.L. Olson that specifically addresses their environmental permitting tasks and the associated fee estimate for those services is attached herein for your review and reference as well. GeoEngineer's proposal includes three (3) separate tasks. Our proposed scope of work to provide the civil engineering and surveying services to prepare the plans, specifications and estimates (PS&E), as required for full package submittal to the City and to WSDOT/HLP, is separated into the five (5) tasks that are presented below: 2453 BETH ELAV E NU E, P.O . BOX 637 , PORT O RCHARD, WASHINGTON 98366 (360) 8 76-2284 FAX (360) 876-1487 Page 2 Proposal to the City of Port Orchard Bay Street Seawall Safety Upgrades Project April 16, 2009 Task 1 -Confirmation of Topographic & Boundary Survey w/Base Map The topographic data previously acquired by CTS Engineers, Inc. has been provided by the City to be utilized as a basis for the project design . N.L. Olson's survey department will coordinate vertical and horizontal control and substantiate the existing field data. The base map will be updated as needed. It is anticipated that significant time to substantiate and update the survey and base map will not be required . Conversion of the base map to WSDOT Plans Preparation Manual guidelines will be provided under Task 3 . Task 2 -Communications & Design of Concept Confirmation For Task 2 it is assumed that the "Plan for Approval" (PFA) process through the WSDOT review is not required as no channelization revisions are proposed . Therefore, Task 2 will include all meetings, and coordination with the City, sub- consultant and WSDOT and preparation of preliminary design concept drawings for discussion and approval by the City prior to proceeding with Task 3. rask 3-Preparation of Construction Plans (Contract Plans) The Contract Plans and Documents will be prepared in accordance with the latest edition of the WSDOT Plans Preparation Manual. All design plan sheets will be provided utilizing the required preparation guidelines. It is anticipated that the following plan sheets will be required for Task 3: v' Existing Conditions Plan: Given the base map provided by the City, and substantiated by N.L. Olson Survey Department, the plan will be prepared utilizing WSDOT format. The existing conditions of the seawall will be shown in detail. v' Site Preparation. Demolition & Staging Plan: A plan showing the structures and asphalt to be removed will be provided . The allowable locations for material storage and staging will be delineated. v' Paving & Re-Striping Plan: The proposed plan will be provided that shows the required paving and re-striping given the added structures and traffic barrier. v' Grading & Storm Plan : The required upgrades for roadway drainage and grading will be provided including design showing finished surface contours and spot elevations as needed. This plan may be combined with the paving andre-striping plan . v' New Traffic Barrier & Future Pedestrian Walkway Plan & Profile : The plans will show the proposed configuration for the new traffic barrier relative to the existing seawall. Reference to horizontal and vertical control for construction will be provided. Page 3 Proposal to the City of Port Orchard Bay Street Seawall Safety Upgrades Project April 16, 2009 Task 3 Continued v' Roadway, Traffic Barrier and Future Walkway Sections: Sections will be provided as required for the full package submittal checklist and for construction . v' Temporary Erosion and Sediment Control (TESC): A temporary erosion and sedimentation control plan will be prepared for submittal to the City and WSDOT. v' Traffic Control Plan: The roadway will be closed for construction therefore the traffic control plan will mainly consist of detour plans. It is assumed that three (3) separate detour plans will be required for the approaching roadways. v' Structural Design Plans & Details: The tie-back grade beam and the traffic barrier plans and details will be provided with detailing in conformance with the current IBC and in conformance with WSDOT Standard Plans to the maximum extent practical. The design will include the future pedestrian walkway plans and details but the specifications and estimates will not include this future improvement. ../ Structural Design Calculations/Report: The design report will be prepared showing all structural calculations supporting the design for the tie-back grade beam, traffic barrier and future pedestrian walkway. Task 4-Preparation of Specifications & Special Provisions The project special provisions w i ll be prepared. The project will be constructed in cdnformance with the current WSDOT Standard Specifications for Road, Bridge and Municipal Construction. TJsk 5-Engineer's Estimate An Engineer's Estimate will be prepared that will include the estimated quantity and unit price for each proposed work item . Proposed Budget The followi ng is the breakdown of the Tasks with the associated estimated fee for the PS&E functions: Task 1 -Confirmation Topographic & Boundary Survey w/Base Map: Task 2-Communications & Design of Concept Confirmation: Task 3-Preparation of Construction Plans (Contract Plans): Task 4-Preparation of Specifications & Special Provisions: Task 5 -Engineer's Estimate: Total Estimated Fee for PS&E: $ 3,000.00 $ 4,000.00 $23 ,000.00 $ 3,800.00 $ 900.00 $34,700.00 Page4 Proposal to the City of Port Orchard Bay Street Seawall Safety Upgrades Project April16, 2009 GeoEngineer's proposal outlining the scope of services for environmental permitting assistance for the project is attached to this letter. The budget for GeoEngineer's proposed services is $15,000.00 Therefore the total fee for all professional engineering, surveying and environmental permitting services for the project is $49,700.00 If you should have any questions or comments regarding this proposed scope of work and budget please do not hesitate to contact me at (360) 876-2284 . We look forward to wo ing with the City on this project. Thank you . o~ n L. Olson II, P.E. Pri cipal N .. Olson & Associates, Inc. Classification Office Staff Principal EngineElr __ Geotechnical Engineer _ Strl]ctural ~llflin_eE'lr Civil Engineer SurveYQ_r,_ PL§ §r. Su_rvey Technicie~n _ DE'll:)ign Engineer __ _ QE'l.§i9_11__T _ech n ician Planner ------- -__ Staff Geolo_gist_ Field Technician Senior Drafter Drafter ----------- Sll_p_p_Q_rt Staff Fi~lci__Survey ~r~w __ party chief Ch_e~inperl:)()n N.L. OLSON & ASSOCIATES, INC. FEE SCHEDULE Exhibit "C" $ $ $ $ $ $ $ $ $ $ $ ~ $ $ $ $ $ ------ --- EXTRA EXPENSE SCHEDULE Hourly Rate 135.00 ---- 120.00 120.00 120.00 125.00 ----- 100.00 ---- 85.00 60.00 70.00 ---- 70.00 60.00 80.00 ---- 60.00 ---- 40.00 160.00 100.00 60.00 EXPENSE DESCRIPTION COST MILEAGE --------------- Company Vehicle Individual Vehicle Ferry REPRODUCTIVE FEES Blueprint I (31_<~ckline Oversized Prints --------- 1 rv1ylar _ _ _ COUR_II:_RS_ERVICES (UPS, Fed Exp, Mailboxes, Etc.) OTHER CONSULTANTS - - ----- 0.55 p~mile ~~~per mile Current Rate 2.50 I sheet ----- 3.00 I sheet ----------- 8.00 I sheet A_s ~illed by service lf>'IAdmin Charge of 10% ad_d~d ------- As lliifed by consultant wiAdmin Charge gt 10°/o added Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format DOT Form 140-089 EF Exhibit C Revised 6/05 Exhibit D-1 Payment (Lump Sum) The CONSULT ANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. The estimate in support of the lump sum amount is attached hereto as Exhibit "D" and by this reference made part of this AGREEMENT. A. Lump Sum Agreement: Payment for all consulting services for this PROJECT shall be on the basis of a lump sum amount as shown in the heading of this AGREEMENT. I. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULT ANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of costs on a monthly basis. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rate, 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 CONSULT ANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULT ANT shall constitute a release of all claims for payment, which the CONSULT ANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULT ANT 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 CONSULT ANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. DOT Form 140-089 EF Exhibit D-1 Revised 01/09 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit E-1 Consultant Fee Determination -Summary Sheet (Lump Sum , Cost Plus Fixed Fee, Cost Per U n it of Work) Project: Bay Street Seawall Safety Upgrades Project Direct Salary Cost (DSC ): Class if ic at jon Man Hoy rs Bm = Principal Engineer 42 .0 X 46.00 $ Geotechnica l Engineer 8.0 X 38 .96 Structura l Engineer 74 .0 X 40.08 Civil Engineer 92.0 X 37.45 Surveyor -P LS 6.0 X 39.75 Survey Technician 6 .0 X 32 .00 Survey Field Crew 8.0 X 55.00 Draftsman 88 .0 X 19.00 X ~ 1,932 .00 311.68 2,965 .92 3 ,445.40 238.50 192.00 440 .00 1,672.00 Total DSC = $ 11 ,197.50 ___ _:...__ __ Ove rhead (OH Cost--including Salary Addi tives): OH Rate x DSC of Fixed Fee (FF): FF Rate x DSC of Reimbursables : Itemized 210 Subconsult ant Costs (See Exhib it G ): Grand Total Prepa red By : DOT Form 140-089 EF Exhibit E-1 Revised 6/05 %x $ 1 1,197.50 -----'--- %x $ 11,197 .50 ------"---- Date if~ 0.00 23,5 14.75 1,000.00 15,347.61 51 ,059 .86 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Scope_of_Ser_yices for Environmental Pe011itting assistancdurJ:he_project as described in the attached leUeL(Exhibit_:'_O'') dated April 22,2009 to Noonan Olson ofN.L.DlsonkAssociates,Inc _____ _ ------------------·--------. ---------------------------·---- DOT Form 140-089 EF Exhibit G Revised 6/05 -------------------- GEOENGINEERS Q April 22, 2009 EXHIBIT "0" SUBCONSUL TANT SCOPE OF WORK N.L. Olson and Associates, Inc. 2453 Bethel Avenue Port Orchard, Washington 98366 Attention: Nonnan L. Olson II, P.E. Subject: Proposal City of Port Orchard Bay Street Seawall Safety Upgrades Port Orchard, Kitsap County, Washington File No. 12309-002-04 INTRODUCTION This letter presents GeoEngineers, Inc. (GeoEngineers) proposal for additional environmental permitting and National Environmental Policy Act (NEPA) support services for the City of Port Orchard Bay Street Seawall Safety Upgrades project (the project). We anticipate that the infonnation contained herein will be sufficient for you to prepare a scope of work and budget to the City of Port Orchard Public Works Department (the City) to authorize our services for updating the NEPA documentation and assisting the City with obtaining the Environmental Classification Summary (ECS) and environmental permits for the revised design based on the guardrail "tie-back" concept. Our understanding of the information contained in this proposal is based on previous knowledge of the project and on the March 27, 2009 project scoping meeting between you, the City and GeoEngineers. SCOPE OF SERVICES Our specific scope of services for the work described herein has been broken into two primary tasks as discussed below: TASK 1-REDEFINING THE DESIGN CONCEPT Task I includes meeting preparation time, attending project meetings, and email and phone conversations with you, the City, Washington State Department of Transportation Highways and Local Programs (WSDOT/HLP), Washington State Department of Fish and Wildlife (WDFW) and the Suquamish Tribe (the tribe) to discuss the new design concept and to provide the technical input necessary to gain concurrence of the concept. This task (Task I) will include a maximum of two on-site meetings to develop draft and final design concepts. TASK 2 -IMPLEMENTING THE DESIGN CONCEPT Additional services to revise and resubmit environmental documents/permits for the revised design concept as described above (Task I) are the primary elements associated with Task 2. Specific elements required to implement the revised design concept under Task 2 are summarized into the following subtasks: 1101 S Fawcett Ave Suite 200 Tacoma, WA 98402 telephOne 253.383.4940 facsimile 253.383.4923 website www.gooenglneers.com N.L. Olson and Associates, Inc. April 22, 2009 Page 2 Task 2a -Update NEPA Documentation • Revise the Environmental Classification Summary (ECS) Checklist for the project. GeoEngineers will prepare a draft of the ECS for the City's review prior to submitting the document to WSDOT/HLP. GeoEngineers will coordinate with the City to complete any additional changes to the ECS as required by WSDOT/HLP. This subtask assumes that the City will submit the final ECS to WDOT/HLP and coordinate any changes to the ECS based on input from WSDOT/HLP. • Complete a No-Effect Biological Assessment (BA) letter as part of Section 7 Endangered Species Act (ESA) and Magnuson-Stevens Act (MSA) compliance. This includes creating new text on the general description, project design, construction, and operations as well as updating the analysis of effects, Essential Fish Habitat (EFH) assessment, and EFH conservation measures. The No-Effect BA letter will be stand-alone and will include associated site plans and cross- section to be produced by N.L. Olson and Associates. The letter and associated figures will be provided to the City for review and comment before creating a final letter that the City will submit to WSDOT/HLP. GeoEngineers will correspond with the City to gain the concurrence of WSDOT/HLP. This subtask assumes that there will be no disturbance in-water (i.e., below the ordinary high water mark) associated with the completed project including construction and therefore no-effect to ESA listed species. • Assist WSDOT/HLP to obtain concurrence with Historical Preservation Act Section 106 from the Suquamish Tribe on project. Tribal concurrence may first require the City's SEPA exemption or threshold determination as discussed below (Task 2b ). GeoEngineers will provide the City with a revised project description and other existing information from the project to clarify questions on Section I 06 compliance as required by WSDOT/HLP. Task 2b -Update Permitting Documentation • Revise the Joint Aquatic Resources Permit Application (JARPA) and the JARPA figures. The figures will be produced by GeoEngineers using the existing baseline survey data for the project and the updated design data to be provided by N.L. Olsen and Associates. Updated design data will be provided to GeoEngineers in CAD format. GeoEngineers will provide updated JARPA, figures and the No-Effect BA to the City. The City will include this information with a signed cover letter (on City letterhead) to the U.S. Army Corps of Engineers (USACE) to request their review for a Section 404/10 Permit, Section 401 Water Quality Certification and Coastal Zone Management Consistency. • Revise the State Environmental Policy Act (SEPA) Checklist to include updated project description details and new baseline environmental data. GeoEngineers will submit the updated SEPA to the City. The City will be responsible for filing the SEPA with the necessary paperwork to the City of Port Orchard SEPA authority for SEPA review of the project. The City's SEPA authority should either find the project exempt from SEPA review or issue a threshold determination letter. • Assist the City in preparing a permitting package to the City's Planning Department for a shoreline substantial development (SSD) permit for the project. This permit package will contain the JARPA, figures and the No-Effect BAas discussed above. File No. 12309-002-0.J GEOENGINEER~ N.L. Olson and Associates, Inc. April 22, 2009 Page 3 • Assist the City in preparing the perm1ttmg package to the WDFW for a Hydraulic Project Approval (HPA). This permit package will contain the JARPA, figures and No-Effect BA developed above as well as the SEPA exemption or threshold determination from the City. • Additionally, GeoEngineers will assist the City with review comments associated with the USACE, WDFW, SEPA and SSD permit submittals as well as address any City Planning Department comments associated with their critical areas review process. The City's critical area review process is anticipated to occur concurrently with the SSD permit review. This subtask assumes that no additional technical documentation will be required to obtain the necessary permits other than the information contained in the No-Effect BA, JARPA and SEPA. TERMS AND BUDGET We understand that the terms and conditions of the contract between N.L. Olson and Associates and the City of Port Orchard will be used for this project. At this time, we anticipate that our total fee for services as described above under Tasks I and 2 will be a lump sum of $15,348. We appreciate the opportunity to submit this scope of services. Please call if you have any questions regarding this letter. Yours very truly, GeoEngineers, Inc. ~~"'srs? Senior Biologist BAS:LAB:gb TACO:\ 121 12309002104\Finals\ 1230900400P.doc Lisa A. Berntsen, PWS Principal Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. File No. 12309-002-0-1 GEOENGINEER~ SCHEDULE OF CHARGES -2009 COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or services agreement. Current rates are: Professional Staff Scientist 1 Engineer 1 Scientist 2 Engineer 2 Scientist 3 Engineer 3 Project Scientist 1 Project Engineer 1 Project Scientist 2 Project Engineer 2 Senior Engineer/Scientist 1 Senior Engineer/Scientist 2 Associate Principal Senior Principal Technical Support Staff Administrator 1 Technician Administrator 2 CAD Technician Administrator 3 Senior Technician CAD Designer CAD Design Coordinator Lead Technician Applied and Information Technology Staff Staff Analyst/Developer 1 Staff Analyst/Developer 2 Staff AnalysVDeveloper 3 Project Analyst/Developer 1 Project Analyst/Developer 2 Senior Analyst/Developer 1 Senior Analyst/Developer 2 Associate Analyst; Developer Principal Analyst/Developer $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 85/hour 95/hour 105/hour 112/hour 122/hour 128/hour 140/hour 145/hour 145/hour 150/hour 160/hour 170/hour 180/hour 200/hour 225/hour 65/hour 65/hour 70/hour 75/hour 75/hour 80/hour 85/hour 90/hour 95/hour 96/hour 116/hour 134/hour 152/hour 158/hour 171/hour 182/hour 193/hour 214/hour Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff time spent in depositions, trial preparation and court or hearing testimony will be billed at one and one-half times the above rates. Time spent after normal working hours, on weekends, or on holidays, at the specific request of Client, will be charged at the above rates plus 25 percent. Time spent in either local or inter-city travel, when travel is in the interest of this contract. will be charged in accordance with the foregoing schedule. Rates for data storage and web-based access will be provided on a project-specific basis. N &hed!lle' vf Charges 1009 Sdredule /ledmmkf-Tacvma-2009 dvc Page I of2 GEOENGINEER,g SCHEDULE OF CHARGES-2009 (CONTINUED) Equipment Air Quality Equipment, per day $ 150.00 Air Sparging Field Test, per day $ 500.00 Asbestos Sample Kit, per day $ 25.00 Blastmate, per day $ 100.00 22-foot Sampling and Dive Boat (plus fuel), per day $ 750.00 camcorder, per day $ 50.00 Concrete/Masonry Field Gear, per day $ 15.00 Crack Gauges, per gauge $ 25.00 D&M Sampler, per day (1 day min.) $ 80.00 Data Logger-8-channel, per day $ 300.00 Electrical Tape, per day $ 25.00 Environmental Exploration Equipment, per day $ 150.00 Flow Meter, per day $ 40.00 Gas Detection and Oxygen Meters, per day (1 day min.) $ 100.00 Generator, per day (1 day min.) $ 100.00 Geotechnical Exploration Equipment, per day· $ 125.00 GPS Unit-Professional Grade, per day $ 100.00 Groundwater Development and Sampling Pump, per day {1 day min.) $ 100.00 Groundwater Monitoring Equipment, per day $ 220.00 Hydrolab Multi Probe, per day $ 100.00 Interface Probe, per day $ 50.00 Nuclear Density Gauge, per hour {4 hour daily min.) $ 10.00 Operations and Maintenance Equipment, per day $ 250.00 Peristaltic Pump, per day $ 50.00 pH Meter (per day) $ 15.00 PIO, FlO or OVA, per day $ 100.00 Sampling Van/Trailer, per day $ 60.00 Saximeter, per day $ 25.00 Scuba Diving, per day/per diver $ 250.00 Single Channel Data Logger wjTransducer, per day $ 100.00 Slope Indicator, per day (1 day min.) $ 200.00 Soil Samples (in Rings), per sample $ 5.00 Soil Samples (in Sleeves), per sample $ 8.00 Spectra Photo Meter, per day $ 45.00 Stereoscope, per day $ 20.00 Strain Gauge Readout, per day $ 40.00 Tedlar Bags & Air Sampling Equipment, per sample $ 15.00 Turbidity Testing Equipment, per day $ 30.00 Underwater camera-Still, per day $ 50.00 Underwater camera-Video, per day $ 150.00 Vapor Extraction Field Test, per day $ 500.00 Vehicle usage, per mile, or $50/day, whichever is greater $ 0.65 Vehicle-4-wheel drive truck, per day $ 80.00 Water Quality Equipment, per day $ 125.00 Specialized and miscellaneous field equipment, at current rates, list available upon request. OTHER SERVICES, SUPPLIES AND SPECIAL TAXES Charges for services, equipment, supplies and facilities not furnished in accordance with the above schedule, and any unusual items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling equipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. Routinely used field supplies stocked in-house by GeoEngineers, at current rates, list available upon request. In-house testing for geotechnical soil characteristics at current rates, list available upon request. Computer hardware and software, telephone and fax communications, printing and photocopying and routine postage via USPS will be charged at a flat rate of 6 percent of labor charges. These charges are labeled as Associated Project Costs (APC). Per diem may be charged in lieu of subsistence and lodging. All rates are subject to change upon notification. N Schedules of Charges 2009 Schedule_ RedmoiJd-Tawma-2009dO<' Page 2 of2 GEOENGINEERs,O LABORATORY SCHEDULE OF CHARGES -2009 Type ofT est Soillndexand Classification Tests Soil Description (ASTM D2488-90) Moisture Content Oven (ASTM D2216~90) Moisture/Density Rings Shelby Tubes, waxed chunk Tubes (liners), chunk Particle Size Analysis Percent Passing No. 200 (D1140~54) Sieve (ASTM D422~63, C136-95a includes minus 200 Wash, Dry Sieve) Hydrometer Only (ASTM D422~63, minus #10 fraction) Combined Sieve and Hydrometer (ASTM D422~63) Organic Content (ASTM D297 4) Specific Gravity (ASTM D854~83) Shrinkage Factor (ASTM 04943~95) Soil Resistivity pH of Soil (ASTM 4972~95a) Soluble Sulfates (US EPA 375.4) Sulfides Eades pH Test (to determine the percentage of lime to add to soil for lime; soil cement) Ductile Iron Pipe Research Association 10 Point Soil Evaluation Procedure (ANSifANSW C105/A21.5).1ncludes evaluation of resistivity, pH, Redox potential, sulfides and moisture) Atterberg Limits (ASTM D4318~84) Non plastic Compaction (ASTM D1557~91/D698~90, MSHTO T~180, Methods A, 8 and C) 1 point 3 point Strength and Consolidation Tests Vane Shear (ASTM D4648) 3 points Direct Shear (ASTM D3080~90) Per point Triaxial Compression Unconfined Comp. -UC (ASTM D2166-85) Unconsolidated Undrained -UU (ASTM D2850~78) Unconsolidated Undrained (back pressure saturation) Consolidated Undrained-CU (ASTM 04767-88) with pore pressure measurement Consolidated Drained-CD (Army Corps of Engineers EM 1110-2~1906 Appendix X) Consolidated Undrained or Consolidated Drained (3 points, staged) Consolidation (ASTM D2435~90 With 2 timed load increments Additional timed load increments, each One~Dimensional Swell (ASTM D4546~90) Methods A and 8 Method C C8R, 1 point with Proctor (ASTM D1883~87) Additional points. each N Sdwdu/c, o(Chmxc' 1009SdJedulc-fab b"ulcChar;;es Rcd-1009doc Page 1 of2 Unit Price $ 12 $ 16 $ 25 $ 40 $ 40 $ 50 $ 85 $ 115 $ 185 $ 60 $ 55 $ 70 $ 35 $ 35 $ 35 $ 35 $ 90 $ 120 $ 105 $ 65 $ 95 190 $ 55 $ 125 $ 90 $ 175 $ 350 $ 500 $ 500 $ 1,200 $ 450 $ 40 $ 350 $ 600 $ 325 $ 85 GeoENGINEER!LV LABORATORY SCHEDULE OF CHARGES-2009 (CONTINUED) Type ofT est Permeability Tests Constant or falling head in rigid wall permeameter (ASTM 02434-68, 05856-95) In triaxial cell with back pressure saturation (ASTM 05084-90) Soil Sample Preparation Extrusion -Extrude and log (visual classification) Shelby tube sample Remolding-Remolding a soil sample to desired moisture and density Aggregate and Rock Tests Unconfined Compression Test (ASTM 02938) One test only More than one test Percent of Fracture (WSOOT 103) Sand Equivalent (MSHTO T 176-86) Specific Gravity, Fine/Coarse Aggregate (ASTM C127-88, C128-88) Concrete, Mortar and Grout Tests** Concrete CYI (strip, log, cure, break, report) cast and cured, not broken Cast by others (strip, log, cure, break, report) Mortar CYI (strip, log, cure, break, report) Grout CYI (strip, log. cure, break, report) Grout Cubes (strip, log, cure, break, report) $ $ Unit Price 185 500 $ 35 $ 12-$65 60 50 50 65 65 25 20 25 25 25 20 *Please contact us regarding test procedures which are not listed or for tests on contaminated soils. Negotiated unit rates or hourly rates will be charged for these procedures. **Not WABO-certified N Srilcdule• of ('harxes 1009 Sdwdu/c-[,a/J _flmde Charges Rcd-1009 do<' Page 2 of2 GEOENGINEERs_C} Exhibit G-1 Subconsultant Fee Determination -Summary Sheet (Mandatory when Subconsultants are utilized) Project: Bay Street Seawa ll Safety Upgrades Project Sub Consultant: GeoEngineers, In c. Direct Salary Cost (DSC): Classjfjcatjon Man Hours Bm = Principal 7.0 X 71 .6 6 Se ni or Project Manager 28.0 X 55.02 Sc ientist 3 48.0 X 34.07 CAD 8.0 X 27.51 Word Processor 8.0 X 26.25 Proje ct Assistant I 6.0 X 25 .87 Pro ject Assistant 2 5.0 X 37 .86 X X Total DSC = $ Overhead (OH Cost--including Salary Additives): OH Rate x DSC of Fixed Fee (FF): FF Rate x DSC of Reimbursables: Itemized SubConsultant Total Grand Total __ 2;;;...1;..:.3..;.:.3~7 __ % X $ 30 %X $ Prepared By : -~..::...._-~..f!:..&,~-r(~~-=---..:....:::t.·-------- DOT Form 140-089 EF Exhibit G-1 Revi sed 0 1/09 4,452.14 = 4,452 .14 = = = = ~ $ 50 1.62 1,540 .5 6 I ,635.36 220.08 2 10.00 155.22 18 9.30 4,452.14 9,499 .53 1,335 .64 60.30 15,347.6 1 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: I. Compliance with Regulations: The CONSULT ANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds ofrace, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULT ANT shall so certifY to the AGENCY, STATE or the FHW A as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHW A may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULT ANT under the AGREEMENT until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (I) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHW A may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULT ANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULT ANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULT ANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULT ANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit I Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step I -Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2-Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3-Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4-Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. DOT Form 140-089 EF Exhibit J Revised 6/05 It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5-Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHW A. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHW A, will identifY the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step I -Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2-Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step I, 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 Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3-Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: Copy of information supplied by the consultant regarding the claim; Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim( s ); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4-Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 -Informing Consultant of Decision Regarding the Claim The Director ofrublic 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. Exhibit M-1 (a) Certification Of Consultant Project No. ______ _ Local Agency I hereby certify that I am &r"?ttYV L. Gh""N (m .r/,9 ~ and duly authorized representative of the firm of N.L. Olson & Associates, Inc. whose address is ....]1-vf!:..._!_~S ....L3~B~e=-..~fu.c...!. ~(_&Je(.,J.l...:"-----.,--1-~~o :!.___#..!..._..:=:()__.!.~-=!....!::f__~~ W It and that neither I nor the above firm I here represent has: 1 (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULT ANT) any fee , contribution, donation, or consideration of any kind for, or in connection with , procuring or carrying out this AGREE M ENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department ofTransportation in connection with thi s AGREEMENT involving participation of Federal-aid highway funds , and is subject to applicable State and Federal laws, both criminal and civil. DOT Form 140-089 EF Exhibit M -1(a) Revised 6/05 Signature Exhibit M-1 (b) Certification Of Agency Official I hereby certifY that I am the AGENCY Official of the Local Agency of Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this cettificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. DOT Form 140-089 EF ExhibitM-1(b) Revised 6/05 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions · I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fra ud or a criminal offense in connection with obtaining, attempting t o obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction ; violation of federal or state antitrust s t atues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal , state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary pa rticipant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): N.L. Olson & A ssoc iates, Inc. DOT Form 140-089 EF Exhibit M-2 Revised 6/05 tureJ,.?resident or Authorized Official of Consultant Supplemental Signature ConsultanUAddressffelephone N.L. Olson & Associates, Inc. Page for 2453 Bethel A venue Standard Consultant Port Orchard, W A 98366 Agreement (360)-876-2284 Agreement Number Project Title And Work Description Bay Street Seawall Safety Upgrades Project Federal Aid Number PS & E and Environmental permitting assistance for new reinforced concrete traffic Local Agency banner and future pedestrians walkway. City of Port Orchard THIS AGREEMENT, made and entered into this 22 day of April 2009 between the Local Agency of City of Port Orchard , Washington , hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written . By Consultant )J · (__ . 0 /so.v f_&;1:c_.__. ?;J c.., / By Consultant DOT Form 140-089 EF Appendix 3 1.910 Revised 6/05 LOCAL AGENCY Agency By Agency By Agency