HomeMy WebLinkAboutResolutiontoapproveContractforCivilStructuralConstEngServicesKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: February 7h, 2017
ACTION REQUESTED: Authorize the Public Works Director's signature on
the Consultant Agreements for Professional Civil,
Structural and Construction Engineering Services
Contracts
BACKGROUND: Kittitas County requires Civil and Structural
Engineering services to facilitate Road, Bridge and
other projects. This contract allows for Public Works
to retain the services from Consultants for Civil,
Structural and Construction Engineering on an on-call
basis.
This consultant agreement will benefit the County by
reducing the time and cost needed to advertise and
award contracts.
Public Works is requesting the Board authorize the
Public Works Director to sign the consultant
agreements between the County and KPFF, KPG, and
Jacobs Engineering Firms. Public Works is also
requesting the Board authorize Director's or County
Engineer's signature authority to sign task orders for
$50,000 or below.
INTERACTION:
Public Works
RECOMMENDATION:
Authorize the Public Works Director's signature on
the Consultant Agreements for Professional Civil,
Structural and Construction Engineering Services
Contracts
HANDLING:
Return two each Original signed documents to Public
Works
ATTACHMENTS:
Local Agency Standard Consultant Agreements
Resolution
LEAD STAFF:
Lucas Huck, County Engineer
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2017 -.
TO AUTHORIZE THE PUBLIC WORKS DIRECTOR'S SIGNATURE FOR THE
PROFESSIONAL CIVIL, STRUCTURAL, AND CONSTRUCTION ENGINEERING SERVICES
CONTRACTS AND TO AUTHORIZE LIMITED PUBLIC WORKS SIGNATURE AUTHORITY
WHEREAS: The County seeks Professional Civil, Structural, and Construction Engineering
Services to supplement the abilities of the Public Works staff; and
WHEREAS: The County followed the guidance of RCW 39.80 throughout the advertisement
and selection process for said services; and
WHEREAS: The County has selected KPFF, KPG, and Jacobs Engineering Firms to provide
these services; and
WHEREAS: The County will enter into a Local Agency Contract with each firm and will proceed
by Task Order Agreements for identified work which will describe the task and
cost prior to proceeding with a given project; and
WHEREAS: The Director and/or County Engineer signature authority to $50,000 will aid the
departments maintaining infrastructure and facilities to more responsively serve
the public; and
WHEREAS: Task Order Agreements in excess of $50,000 will be approved by resolution of the
Board of County Commissioners.
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best
interest of the public, does hereby authorize the Public Works Director to sign the consultant
agreements.
BE IT FURTHER RESOLVED that the Board of County Commissioners authorizes the Director
and County Engineer of Public Works signature authority for task orders totaling less than
$50,000 per project.
DATED this 7th day of February, 2017, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Paul Jewell, Chairman
Attest:
Clerk of the Board- Julie Kjorsvik
Laura Osiadacz, Vice -Chairman
Deputy Clerk of the Board- Mandy Buchholz
Obie O'Brien, Commissioner
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number: KCPW 2017-19ENG2
Firm/Organization Legal Name (do not use dba's):
KPFF Consulting Engineers
Address
Federal Aid Number
1601 Fifth Avenue, Suite 1600, Seattle, WA 98101
UBI Number
Federal TIN or SSN Number
578-063-612
91-00755897
Execution Date
Completion Date
February 7, 2017
February 1, 2020
1099 Form Required
Federal Participation
❑ Yes [E No
Yes Q No
Project Tttie
Master Task Order Agreement - on-call for Civil, Structural, and Construction Engineering Services
Description of Work
Provide on-call consulting to Kittitas County. Services may include but are not limited to, survey data collection
and preparation of project designs including roads, retaining wails, safety elements, hydraulics, soils and paving,
and other transportation facilities and features, preparing bridge and structural designs, producing bridge load
ratings and load limits, support and provide guidance/recommendations on identified bridge deficiencies and
repairs, and conduct bridge inspections in accordance with FHWA National Bridge Inspection Standards,
inspecting the construction of roads, structural features, retaining walls, safety elements, hydraulic projects,
soils and paving, and other transportation facilities and features.
Actual work assignments will be defined (scoped and estimated) by Task Order.
❑ Yes ❑ No DBE Participation
Maximum Amount Payable: Defined by Task Order
❑ Yes ❑ No MSE Participation
❑ Yes ❑ No WBE Participation
❑ Yes ❑ No SBE Participation
Index of Exhibits
Exhibit A Scope of Work
Exhibit B DBE Participation
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub -consultant Cost Computations
Exhibit F Title VI Assurances
Exhibit G Certification Documents
Exhibit H Liability Insurance Increase
Exhibit I Alleged Consultant Design Error Procedures
Exhibit 3 Consultant Claim Procedures Agreement Number: KCPW 2017-19ENG2'
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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 Kittitas County Department of 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:
1. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
11. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
Ill. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and ail AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number: KCPW 2017-19ENG2
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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.
The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE
firms invoiced for this AGREEMENT.
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.
Name: Lucas Huck
Agency: Kittitas County
Address: 411 North Ruby, Suite 1
City: Ellensburg State: WA Zip: 98942
Email. Lucas.Huck@co.kittitas.wa.us
Phone: 509-962-7523
Facsimile: 509-962-7663
IV. Time for Beginning and Completion
If to CONSULTANT:
Name: Thomas H. Whiteman
Agency: KPFF Consulting Engineers
Address: 1601 Fifth Ave, Suite 1600
City: Seattle State: WA Zip: 98036
Email: Tom.Whiteman@kpffcom
Phone: 206-622-5822
Facsimile:
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
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V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES.
The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,
and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated
rates shall be memorialized in a final written acknowledgement between the parties. Such final written
acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgement,
to 180 days following the CONSULTANT's fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written
request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E",
will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12)
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement
between the parties. Such final written acknowledgement shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid
in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the
AGENCY shall .perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's
actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will be
applicable for the twelve (12) month period.
The fixed fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life
of the AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the
close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rates
under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates
will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional
indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the
updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional
or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved
indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or
extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written
acknowledgement.
The CONSULTANT shall maintain and have accessible support data for verification of the components of the
hourly rates, i.e., direct (raw) labor, indirect cost rate, and fixed fee (profit) percentage. The CONSULTANT
shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fixed fee.
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B. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the CONSULTANT.
These charges may include, but are not limited to, the following items: travel, printing, long distance telephone,
supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to lowest
price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the
rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the
WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and all revisions thereto.
Air, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR)
Part 31.205-46 "Travel Costs." The billing for Direct Non -salary Costs shall include an itemized listing of the
charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting
documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon
request. All above charges must be necessary for the SERVICES provided under this AGREEMENT.
C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.)
The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra
Work." No minimum amount payable is guaranteed under this AGREEMENT.
D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in
A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates
established in Exhibit "D," including names and classifications of all employees, and billings for all direct non-
salary
onsalary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees,
the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles,
salary rates, and present duties of those employees performing work on the SERVICES at the time of the
interview.
E. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT
may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the
AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to
any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may
pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment
to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not
constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY
of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the
CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to
the AGENCY for audit findings.
F. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (G) 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 (C) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager.
Agreement Number: KCPW 2017-19ENG2
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VI. Sub -Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub -consultant, any contract or any other relationship.
Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub -
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees; without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
Agreement Number. KCPW 2017-19ENGI
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VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V § 2000d
through 2000d -4a)
• Federal -aid Highway Act of 1973
(23 U.S.C. Chapter 3 § 324)
• Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V § 794)
• Age Discrimination Act of 1975
(42 U.S.C. Chapter 76 § 6101 et. seq.)
• Civil Rights Restoration Act of 1987
(Public Law 100-259)
• American with Disabilities Act of 1990
(42 U.S.C. Chapter 126 § 12101 et. seq.)
• 23 CFR Part 200
• 49 CFR Part 21
• 49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs in accordance with the termination for other than default clauses listed previously.
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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 "T'. In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
XII. Legal Relations
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
Agreement Number. KCPW 2017-19ENGZ
Local AgencyA&E Professional Servk es Nagodated Hourly Rate Consultant Agreement Page 8 of 14
O... d��d IM A/9AAR
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 by the Parties.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Agreement Number: KCPW 2017-19ENGZ
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 9 of 14
n....e__1 ANn1*n4e
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 l) 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 "Als"), 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 Als 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 Als. 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: Lucas Huck
Agency: Kittitas County
Address: 411 North Ruby Suite 1
City: Ellensburg State: WA Zip: 98942
Email: Lucas.huck a@co.kittitas.wa.us
Phone: 509-962-7523
Facsimile: 509-962-7663
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability
is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to
third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third 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.
Agreement Number: KCPW 2017-19ENGI
Local Agency A&E Professional Services Negotiated Hourly Rate ConsultantAgmement Page 10 of 94
a -._r --a ifln/nn�r
Xill. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit "G4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
Agreement Number: KCPW 2017-19ENG2
Local Agency A&E Professfonal Services Negotiated Hourly Rate Consultant Agreenvent Page 11 of M
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'l. The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, STATE
and AGENCY security data, or information which may jeopardize any part of the project that relates to any of
these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest
confidence and not to make use of the State's Confidential Information for any purpose other than the performance
of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
AgreementNumtw: KCPW 2017-19ENGZ
Local AgencyME Professional Services Negotiated Hourty Rate ConsultantAgreement Page 12 of 14
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that
may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub -consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals,
plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records,
telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts,
scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries,
inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other
taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether
or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the
foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any
commentary or notation whatsoever that does not appear on the original.
Agreement Number: KCPW 2017-19ENGZ
LocalAgencyABE Professional Services Nsgotlatad Hourly Rate Consultant Agreement Page 13 of 14
ES --- E --J If1/AMAIr
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information, and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub -consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub -consultant to its 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.
Signature
Date
f r
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Agreement Number: KCPW 2017-19ENGZ
Local Agency A&E Professional Services Negotiated Hourly Rate ConsultantAgreement Page 14 of 14
Project No.
Scope of Work
(Master Task Order Agreement)
Exhibit A
Scope of Work
Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be
individually negotiated with the CONSULTANT. The amount established for each assignment will be the
maximum amount payable for that assignment unless modified in writing by the AGENCY, The AGENCY is not
obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY'S and
CONSULTANT'S obligations hereunder are limited to tasks assigned in writing. Task assignments may include
but are not limited to, the following types of work:
A. Civil Engineering Services
B. Structural Engineering Services
C. Construction Engineering Services
D. Other professional services as identified in the Request for Qualifications
Task assignments made by the AGENCY shall be issued in writing by a Formal Task Order Document similar in
format as shown below.
An assignment shall become effective when a formal Task Assignment Document is signed by the
CONSULTANT and the AGENCY, except that emergency actions requiring a 24-hour or less response can be
handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment
Document within four working days, and any billing rates agreed to orally (for individuals, subconsultants, or
organizations whose rates were not previously established in the AGREEMENT) shall be provisional and subject
to final negotiation and acceptance by the AGENCY,
Formal Task Assignment Document
Task Number _
The general provisions and clauses of Agreement
Location of Project:
Project Title:
Description of Work:
Cost Breakdown:
Maximum Amount Payable Per Task Assignment:
Completion Date:
Agency Project Manager Signature/Date:
Consultant Signature/Date:
shall be in full force and effect for this Task Assignment.
Agreement Number: KCPW 2017-19ENG2
WSDOT Form 140-089 EF Exhibit A Page 1 of 1
r __.l__J lA plA /AAf •
To be determined by Formal Task Order Document.
Exhibit B
DBE Participation
Agreement Number: KCPW 2017-19ENG7.
WSOOT Form 94"89 EF Exhibit 8 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:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
To be determined by Formal Task Order Document.
B. Roadway Design Files
To be determined by Formal Task Order Document.
C. Computer Aided Drafting Files
To be determined by Formal Task Order Document.
Agreement Number: KCPW 2017-19ENG2
WSDOT Form 140.089 EF Exhibit C Page 1 o/4
n-1-1 fAjftnp2 A
D. Specify the Agency's Right to Review Product with the Consultant
To be determined by Formal Task Order Document.
E. Specify the Electronic Deliverables to Be Provided to the Agency
To be determined by Formal Task Order Document.
F. Specify What Agency Furnished Services and Information Is to Be Provided
To be determined by Formal Task Order Document.
Agreement Number: KCPW 2017-19ENG7
WSDOT Form 140-089 EF Exhibit C Page 2 of 4
H. Any Other Electronic Files to Be Provided
To be determined by Formal Task Order Document.
III. Methods to Electronically Exchange Data
Project Files will be provided to the Agency vie mail, electronic mail, FTP site transfer, temporary hard drive,
or other appropriate electronic transfer methods.
WSDOT Form 140-099 EF Exhibit C
a_.a.._r �neenrin�w
Page 3 of 4
A. Agency Software Suite
Autodesk Infrastructure Design Suite Premium
ESRI GIS
Microsoft Office
Other
B. Electronic Messaging System
Email, FTP, Skype
C. File Transfers Format
To be determined by Formal Task Order Document.
WSDOT Form 140-089 EF Exhibit C Page 4 of 4
0^. ffegwi ~2AMMt
KPFF information is attached.
Exhibit D
Prime Consultant Cost Computations
Agreement Number: KCPW 2017-19ENGZ
WSDOT Form 140-089 EF Exhibit D Page 1 of I
o,..,f..,..r �nrinrtn�•
EXHIBIT D
Overhead (OH) Cost 137.52%
Fixed Fee (FF) 28.00%
Direct Hourly Rate
Negotiated Hourly Rate
Name
Classification
WHIR)
[DHR * (1+FF+OH)l
Ashour, Ahmad
Project Engineer
34.27
90.99
Martin, Kevin
Design Engineer
31.50
83.64
Stabler, Jennie
Project Engineer
36.35
96.52
Lee, Jason
Project Engineer
38.08
101.11
Fernando, Alyssa
Project Coordinator
25.50
67.71
Olson, Aaron
Project Engineer
38.80
103.02
Male, Dara
Design Engineer
32.31
85.79
Frymoyer, Marijean
Project Engineer
40.39
107.24
Gastineau, Andrew
Design Engineer
32.89
87.33
Gray, Zach
Project Manager
56.01
148.72
Hasayen, lzzat
Technical Specialist
62.50
165.95
Hess, Gregory
Project Manager
57.70
153.21
Petersen -Gauthier, Joel
Design Engineer
32.89
87.33
Jackson, Rubin
CADD Technician
38.08
101.11
Georgieff, Paul
Project Engineer
40.39
107.24
Pang, Jason
Project Engineer
45.00
119.48
Goodman, JR
Design Engineer
33.00
87.62
Stanners, Maid
Design Engineer
33.65
89.35
Streufert, Anne
Project Manager
57.70
153.21
McMullen, David
Principal in Charge
62.50
165.95
Cyrier, Will
Design Engineer
34.04
90.38
Kotulka, Brandon
Project Engineer
45.58
121.02
Evanger, Derry
Project Engineer
46.16
122.56
Ireland, Keith
Design Engineer
36.50
96.91
Monken, Clinton
Design Engineer
37.75
100.23
Shi, Haoyi
CADD Technician
35.77
94.98
Wind, Lloyd
Project Manager
58.20
154.53
Dunn, Michael
Project Engineer
57.70
153.21
Pasupuleti, Divya
Design Engineer
39.89
105.92
Matthews, Justin
Project Manager
58.90
156.39
Torgeson, Rick
CADD Technician
40.33
107.08
Tran, Hong Diem
CADD Technician
39.12
103.87
Sloan, Patrick
Project Manager
58.93
156.47
Whiteman, Tom
Project Manager
67.51
179.25
Overhead (OH) Cost 137.52%
Fixed Fee (FF) 28.00%
EXHIBIT D
L Pt
October 6, 2016
KPFF, Inc.
1601 Fifth Avenue, Suite 1600
Seattle, WA 98101
Subject: Acceptance FYE 2016 ICR — CPA Report
Dear Ms. Marci Monroe -Jones:
We have accepted your firms FYE 2016 Indirect Cost Rate (ICR) of:
Field Office Rate: 97.32% of direct labor (Rate includes 0.17% FCCM)
Home Office Rate: 137.52% of direct labor (Rate includes 0.04% FCCM)
Based on the ".Independent CPA Report," prepared in accordance with Part 31 of the
FAR, by Clark Nuber, PS. Your ICR acceptance is in accordance with 23 CFR 172.7
and must be updated on an annual basis. This rate may be subject to additional review
if considered necessary by WSDOT and will be applicable for:
® WSDOT Agreements
® Local Agency Contracts in Washington State only
Costs billed to agreements/contracts will still he subject to audit of actual costs, based
on the terms and conditions of the respective agreementicontract.
This was not a cognizant review. Any other entity contracting with the farm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7104 or via email
(,otisu'.tartratesCa),wsdot.wa. ov.
Regajds;
E
ERIK K_ JONSO
Manager, Consultant Services Office
EKJ:kms
Acceptance ICR CPA Report
EXHIBIT D
KPFF, INC. AND SUBSIDIARY
Consolidated Statement of Direct Labor, Fringe Benefits and General Overhead
For the Year Ended April 30, 2016
Financial
Statements for Allocations (A & B)
the Year Ended Home Field
Classification April 30, 2016 Adjustments Ref. Office Costs Office Costs
1. Direct Labor Base $ 51,877,045 $ 110,457 C $ 51,115,227 $ 872,275
Indirect Costs:
Fringe benefits -
2. Payroll taxes
3. Group insurance
4. Vacation, holiday and sick pay
Total fringe benefits
General overhead-
s. Indirect labor
6. Bid and proposal
7. Bonuses and severance pay
8. Professional services
9. Reproduction
10. Rent
11. City and state business tax
12. Depreciation
13. Other taxes and licenses
14. Insurance, other than life
15. Clerical supplies, drafting
supplies and postage
16. Telephone
17. Professional dues, fees,
books and conferences
18. Car
19. Travel
20. Legal
21. Accounting
22. Employee meetings, meals
and morale
23. Moving
24. School
25. Personnel procurement
26. Miscellaneous job fixes
27. Contributions
28. Computer
29. Promotional and other entertainment
30. Bank service charges
Total general overhead
Total Indirect Costs
31. Facilities Cost of Money (FCCM)
Total Indirect Costs With FCCM
Overhead Rate
See accompanying notes.
6,757,863
6,370,126
8,019,072
21,147,061
11,040,682
4,604,864
22,459,369
1,150,112
565,727
8,045,832
896,217
1,719,168
707,557
1,182,396
(162,721) D
(162,721)
(110,457) C
(1,026,946) E
(6,338,359) F
(448,686) G
(126,258) H
(118,854) 1
(26,792) J
(34,952) K
(33,728) L
6,484,485
110,657
6,263,245
106,881
7,884,524
134,548
20,632,254
352,086
10,746,832
3,571,918
15,850,523
689,657
437,981
7,926,978
893,182
1,692,376
670,328
1,144,779
183,393
270,487
11,769
1,488
3,035
2,277
3,889
975,961
(108,287)
M
864,736
2,938
841,742
(57,552)
N
781,535
2,655
609,567
(111,681)
O
496,200
1,686
1,002,310
(512,432)
J
488,219
1,659
1,282,742
(943,442)
P
338,151
1,149
1,403,570
(1,230,003)
Q
172,979
588
175,963
(4,894)
R
170,490
579
1,160,716
(1,091,912)
5
68,571
233
703,181
(684,571)
T
18,547
63
28,923
(3,410)
U
25,427
86
121,039
(74,050)
V
46,830
159
26,314
(26,314)
W
176,914
(176,914)
X
2,421,072
(32,545)
y
2,380,439
8,088
234,692
(234,692)
2
93,498
(20,996)
AA
72,257
245
63,630,128
(13,578 727)
49,554,935
496,466
84,777,189
(13,741,448)
70,187,189
848,552
105,535
BB
105,178
357
$ 84,777,189
$ (13,635,913)
$ 70,292367 $
848,909
163.42%
-26.58%
137.52%
97.32%
-3-
Exhibit E
Sub -consultant Cost Computations
There isn't any 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.
KPFF will recommend qualified specialty sub -consultants for review and approval by Kittitas County as needed
during the development of each Formal Task Order Document.
Agreement Number: KCPW 2017-19ENGZ
WSDOT Form 140.089 EF Exhibit E Page 1 of t
Deujwo .+ 4111-In1*64A
Exhibit F
Title Vl Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
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 of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions
as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States. Agreement Number: KCPW 2017-19ENG2
WSDOT Form 14o-089 EF Exhibit F Page 1 of 1
0-1-8 4n10nnsn4A
Exhibit G
Certification Documents
Exhibit G -1(a) Certification of Consultant
Exhibit G -1(b) Certification of
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
WSDOT Form 140-089 EF Exhibit G
Agreement Number: KCPW 2017-19ENGZ
Page 1 of 1
Exhibit G -1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
KPFF Consulting Engineers
whose address is
1601 Fifth Avenue, Suite 1600 Seattle, WA 98101
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 Kittitas County
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.
KPFF Consulting Engineers
Consultant (Firm Name)
I.�', //f//�♦ r� ,p may±
Signature (Auitmdzed Official of Consultant)
WSDOT Form 140-089 EF Exhlbft G
a -9-_.r .MmAlft" •
I :r r. ze//�
Date
Agreement Number: KCPW 2017-19ENG2
Page ? of t
Exhibit G -1(b) Certification of Kittitas County Department of Public Works
I hereby certify that I am the:
Q Kittitas County Engineer
❑ Other
of the Kittitas County Department of Public Works , and KPFF Consulting Engineers
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 Kittitas County Department of 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.
Signature Date
Agreement Number. KCPW 2017-19ENG2
WSDOT Form 140.089 EF Exhibit G Page 1 of 1
n_.---" 4n1"~4A
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 1 proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
Il. 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.
KPFF Consulting Engineers
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number: KCPW 2017-19ENG2.
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
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 malting 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.
KPFF Consulting Engineers
Consultant (Firm Name)
Signature (Authorized Official of Consultant)
WSDOT Form 140 -NO EF Exlrfblt G
0a..laa4 4A/ WOMA
Date
Agreement Number: KCPW 2017-14ENG2.
Page 1 of 1
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 Kittitas Co. On -Call Engineering Services * 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: KPFF Consulting Engineers
r'
'
Signature
Date of Execution"*:
,;?v7
�a
Title
*Identify do 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: KCPW 2017-19ENG2
WSDOT Form 140-088 EF Exhibit G
Page 1 of 1
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations
and Insurance of this Agreement is amended to $ NIA
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $ NIA
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $ NIA
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
WSDOT Form 140-089 EF Exhibit H
f2—:—f .IAPoAPM4 A
Agreement Number: KCPW 2017-19ENG2
Page 7 of 1
Exhibit 1
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 finther, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
WSDOT Form 140-889 EF Exhlbft I
0a.d..4 ~*APM4A
Agreement Number: KCPW 2017-19ENG2
Page 9 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.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
WSDOT Form 14"89 EF Exhibit 1
Aawfe,* l 41117A%M4A
Agreement Number: KCPW 2017-19ENG2
Page 1 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;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
WSDOT Form 14x-08$ EF Exhfbft J
J2—A--,J 41blOMOA4A
Agreement Number: KCPW 2017-19ENGZ
Page f 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;
f Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
WSDOT Form 140-089 EF Exhibit J
Qaadwaif 4annrgnse
Agreement Number. KCPW 2017-19ENG2
Page 2 of 2
Local Agency A&E Professional Services
dated Hourly late Consultant Agreement
Agreement Number: KCPW 2017-19ENG3
Finn/Organization Legal Name (do not use dba's):
KPG, P.S.
Address,
Federal Aid Number
23 S Wenatchee Ave, Ste 223, Wenatchee, WA 98801
NIA
UBI Number
Federal TIN or SSN Number
601-248-468
91-1477622
Execution Date
Completion Date
February 7th, 2017
February I, 2020
1099 Foran Required
Federal Participation
❑ Yes No
Yes No
Project Title
Master Task Order Agreement - On-call for Civil, Structural, and Construction Engineering Services
Description of Work
Provide on-call consulting to Kittitas County. Services may include but are not limited to, survey data collection
and preparation of project designs including roads, retaining walls, safety elements, hydraulics, soils and paving,
and other transportation facilities and features, preparing bridge and structural designs, producing bridge load
ratings and load limits, support and provide guidance/recommendations on identified bridge deficiencies and
repairs, and conduct bridge inspections in accordance with FHWA National Bridge Inspection Standards,
inspecting the construction of roads, structural features, retaining walls, safety elements, hydraulic projects,
soils and paving, and other transportation facilities and features.
❑ Ye ❑ No DBE Participation
Maximum Amount Payable: Defined by Task Order
❑ Yes ❑ No MBE Participation
❑ Yes ❑ No WBE Participation
El Yes ❑ No SBE Participation
Index of Exhibits
Exhibit A
Scope of Work
Exhibit B
DBE Participation
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
Exnibit D
Prime Consultant Cost Computations
Exhibit E
Sub -consultant Cost Computations
Exhibit F
Title V1 Assurances
Exhibik Ci
Certification Documents
Exhibit 11
Liability Insurance Increase
Exhibit I
Alleged Consultant Design Error Procedures
I,xhibit J Consultant Claim Procedures AgmementNumber. KCPW 2017-19ENG3
Local Agency ASE PWmhmal Swvkm AWON11 ted Hourly Rab C&Mft t AgrOw"M Paye 1 of 14
Revrscc14VIGM15
THIS AGREEMENT, made and entered into as shown in the "Execution Date' box on page one (1) of this
AGREEMENT, between the Kittitas County Department of Public Works
hereinafter called the "AGENCY." and the "Firm / Organization Name" referenced on page one (l) 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:
1. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
ll. 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 ofl5cials,
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.
The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE
firms invoiced for this AGREEMENT.
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:
Name: Lucas Huck
Agency: Kittitas County
Address: 411 North Ruby, Suite 1
City: Ellensburg State: WA Zip: 98942
Email: Lucas.Huck@co.kittitas.wa.us
Phone: 509-962-7523
Facsimile: 509-962-7663
IV. Time for Beginning and Completion
If to CONSULTANT:
Name: Josh Fedora, P.E.
Agency: KPG, P.S.
Address: 23 South Wenatchee Avenue, Suite 223
City: Wenatchee State: WA Zip: 98801
Email: josh@kpg.com
Phone: 509-663-2711
Facsimile:
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
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V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES.
The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (wHw.cclr.gov).
A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,
and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated
rates shall be memorialized in a final written acknowledgement between the parties. Such final written
acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgement,
to 180 days following the CONSULTANT's fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written
request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E",
will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12)
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement
between the parties. Such final written acknowledgement shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid
in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the
AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's
actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will be
applicable for the twelve (12) month period.
The fixed fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life
of the AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the
close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rates
under this AGREEMENT, even iVwhen other components of the hourly rate are not renegotiated. These rates
will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional
indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the
updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional
or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved
indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or
extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written
acknowledgement.
The CONSULTANT shall maintain and have accessible support data for verification of the components of the
hourly rates, i.e., direct (raw) labor, indirect cost rate, and fixed fee (profit) percentage. The CONSULTANT
shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fixed fee.
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B. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the CONSULTANT.
These charges may include, but are not limited to, the following items: travel, printing, long distance telephone,
supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to lowest
price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the
rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the
WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and all revisions thereto.
Air, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR)
Part 31.205-46 "Travel Costs:' The billing for Direct Non -salary Costs shall include an itemized listing of the
charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting
documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon
request. All above charges must be necessary for the SERVICES provided under this AGREEMENT.
C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.)
The Maximum Amount Payable does not include payment for extra work as stipulated in section X111, "Extra
Work." No minimum amount payable is guaranteed under this AGREEMENT.
D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in
A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates
established in Exhibit "D," including names and classifications of all employees, and billings for all direct non -
salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees,
the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles,
salary rates, and present duties of those employees performing work on the SERVICES at the time of the
interview.
E. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT
may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the
AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shal I not, however, be a bar to
any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may
pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment
to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not
constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY
of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the
CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to
the AGENCY for audit findings.
F. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager.
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VI, Sub -Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub -consultant, any contract or any other relationship.
Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub -
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE'S
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and al l claims made
by a third parry 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.
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V111. Wondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V § 2000d
through 2000d4a)
• Federal -aid Highway Act of 1973
(23 U.S.C. Chapter 3 § 324)
• Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V § 794)
• Age Discrimination Act of 1975
(42 U.S.C. Chapter 76 § 6101 et. seq.)
• Civil Rights Restoration Act of 1987
(Public Law 100-259)
• American with Disabilities Act of 1990
(42 U.S.C. Chapter 126 § 12101 el..seq.)
- 23 CFR Part 200
49 CFR Part 21
• 49 CFR Part 26
• RC W 49.60.1$0
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
if it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a term ination 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.
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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 disaffillation 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."
Xl. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT, provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
XII. Legal Relations
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
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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 by the Parties.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, lob 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.
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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 CO 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 "Als"), 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: Lucas Huck
Agency: Kittitas County
Address: 411 North Ruby Suite I
City: Ellensburg State: WA Zip: 98942
Email: Lucas.huck@co.kittitas.wa.us
Phone: 509-962-7523
Facsimile- 509-962-7663
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability
is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to
third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third 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.
Agreement Number.. KCPW 2017-19ENG3
Local Agency A&E Pry k*W*mV Sarvkco Naq* la W Mouudy Rio Cansullort#A9momoet PVa 10 of 14
Revhad &f&M5
XMI1. �,:.:: Iza W 3 r h
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: (l) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress,
XVI. Carilficatlon of the Consultant and tho 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 "04" 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 tate AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
Agement Number: KCPW 2017-19ENG9
weal AgencyA&B Proftsib" Sevwr lVwdWftd H0Udfy Ra* ConaAWd Agroement Page 17 of 14
RtvfWd ,"aW15
XV111. 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. Protectlon of Confidentlal Inliormation
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, STATE
and AGENCY security data, or information which may jeopardize any part of the project that relates to any of
these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest
confidence and not to make use of the State's Confidential Information for any purpose other than the performance
of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY'S express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
Agreement Number: KCPW 2017-19ENG3
Local Agency A&E ProftmOonal Services NegWaW Houdy Rift Comullant Agravn ent Page 12 of 14
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. if the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that
may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub -consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information.
XX. Rocards Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals,
plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records,
telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts,
scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries,
inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other
taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether
or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the
foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any
commentary or notation whatsoever that does not appear on the original.
Agreement Number. KCPW 2017- 19ENG3
Local Agency A&E ProtosslorW Swvfces Mod Howdy Rah Cwm dbnr Agmwnwi P"o 13 of 14
Revlsad 4 M13
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub -consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub -consultant to its 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.
ftnature
-2S - 2-01-7
Date
Oaks
Any rnodffication, change, or reformation of this AGREEMENT shall require approval as to)b?7n by the Ojice
of the Attorney General.
Agreement Number. KCPW 2017-19ENG3
LOWAEewyA&E RWasskraf Sc--rvt wed Houdy Ra#o CoasuMwtA ent Pas 14 of 44
Revised 4M0Wj5
Exhibit A
Scope of Work
Project No. NIA
Scope of Work
(Master Task Order Agreement)
Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be
individually negotiated with the CONSULTANT. The amount established for each assignment will be the
maximum amount payable for that assignment unless modified in writing by the AGENCY, The AGENCY is not
obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY'S and
CONSULTANT'S obligations hereunder are limited to tasks assigned in writing. Task assignments may include
but are not limited to, the following types of work:
A. Civil Engineering Services
B. Structural Engineering Services
C. Construction Engineering Services
D. Other professional services as identified in the Request for Qualifications
Task assignments made by the AGENCY shall be issued in writing by a Formal Task Order Document similar in
format as shown below.
An assignment shall become effective when a formal Task Assignment Document is signed by the
CONSULTANT and the AGENCY, except that emergency actions requiring a 24-hour or less response can be
handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment
Document within four working days, and any billing rates agreed to orally (for individuals, subconsultants, or
organizations whose rates were not previously established in the AGREEMENT) shall be provisional and subject
to final negotiation and acceptance by the AGENCY.
Formal Task Assignment Document
Task Number
The general provisions and clauses of Agreement steal l be in full force and effect for this Task Assignment.
Location of Project:
Project Title:
Description of Work:
Cost Breakdown:
Maximum Amount Payable Per Task Assignment:
Completion Date:
Agency Project Manager Signatum/Date:
Consultant Signau re/Date:
AommeatNumber: KCPW 2017-19ENG3
WSDOT FoM 140-M EF A Paw ! Of f
To be determined by Formal Task Order Document.
Exhibit 8
DBE Eardtipation
AgmwmrtNamber. KCPW 2417-19ENG3
V,P=T Form 140M EF Ed" 8 Page 1 of f
R@Vhwd IW9620l4
Preparation and
of Elactronlc
Exhibit C
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
To be determined by Formal Task Order Document.
B. Roadway Design Files
To be determined by Formal Task Order Document.
C. Computer Aided Drafting Files
To be determined by Formal Task Order Document.
Agreement Number: KCPW 2017-19ENG3
wSDDT Form 140-M 6F 6dht C Page 1 of 4
Revised I&MM4
D. Specify the Agency's Right to Review Product with the Consultant
To be determined by Formal Task Order Document.
E. Specify the Electronic Deliverables to Be Provided to the Agency
To be determined by Formal Task Order Document.
F. Specify What Agency Furnished Services and Information Is to Be Provided
To be determined by Formal Task Order Document
Agreen=tNumber: KCPW 2017-19ENG3
wsDorFom i404M EF ExM* C Paye 2 of 4
Rawls a 18MM4
It. Any Other Electronic Files to Be Provided
To be determined by Formal Task Order Document.
III. Methods to Electronically Exchange Data
Project Files will be provided to the Agency vie mail, electronic mail, FTP site transfer, temporary hard drive,
or other appropriate electronic transfer methods.
,4%feC&,,a,4 Nuh%IW--r• Ke -PW ZCA7-,fy4M63
WSDOT Form 1404M EFE~ C Page 3 of 4
Revised 'IQWWI4
A. Agency Software Suite
Autodesk Infrastructure Design Suite Premium
ESRI ,IS
Microsoft Office
Other
B. Electronic Messaging System
Email, FTP, Skype
C. File Transfers Format
To be determined by Formal Task Order Document.
=w harm 1404 4 EF Er AX C
RWA%Od 14fIl
A roremvA Wuft6r: tCCPW 200.1gEN6.3
Page 4 of 4
Please see attached Exhibit D.
Exhibit D
Prune Consultant Cost CompuMions
whoopm
Apmeament Number: KCPW 2017-19ENG3
MMWTFbM f4d EFFxNMD Paga i Of f
RQvf od 162620/4
Exhibit D
Kittitas County
On -Call Engineering Services
Rate Schedule
Prepared by Josh Fedora, P.E. January 25, 2017
Agreement Number: KCPW 2017-19EN63
M Inc.
Negotiated Hourly Rate Summary
Effecthre January 1, 2017
Job Title Direct Salary Rate
($/Hit)
Indirect Cost Rate
(117.8896 of DSR)
Profit
(15% of DSR +ICR)
Negotiated Hourly
Rate ($/HR)
Principal
$72.12
$85.02
$23.57
$180.71
Engineer - Manager*
$51.92
$61.20
$16.97
$130.09
Engineer - Senior
$62.50
$73.68
$20.43
$156.60
Engineer - Project*
$44.23
$52.14
$14.46
$110.82
Engineer - Design*
$37.50
$44.21
$12.26
$93.96
Engineer - Technician*
$32.21
$37.97
$10.53
$80.71
Survey - Manager
$72.12
$85.02
$23.57
$180.71
Surveyor*
$49.04
$57.81
$16.03
$122.88
Survey - Technician*
$40.87
$48.18
$13.36
$102.40
Survey Crew*
$62.50
$73.68
$20.43
$156.60
CADD Technician*
$36.06
$42.51
$11.79
$90.35
Architect -Senior
$50.48
$59.51
$16.50
$126.48
Architect - Project
$43.27
$51.01
$14.14
$108.42
Architect - Design
$35.58
$41.94
$11.63
$89.15
Architect - Technician
$25.96
$30.60
$8.48
$65.05
Landscape Arch - Senior
$43.27
$51.01
$14.14
$108.42
Landscape Arch - Project
$29.33
$34.57
$9.59
$73.49
Landscape Arch - Technician
$24.04
$28.34
$7.86
$60.24
Construction - Manapr*
$57.69
$68.00
$18.85
$144.55
Construction - Senior
$50.48
$59.51
$16.50
$126.48
Construction - RE*
$48.08
$56.68
$15.71
$120.47
Construction - Observer*
$39.90
$47.03
$13.04
$99.97
Construction - Documentation*
$38.94
$45.90
$12.73
$97.57
Construction -Admin*
$31.25
$36.84
$10.21
$78.30
Senior Administration
$37.50
$44.21 1
$12.26 1
$93.96
Office Administration*
$25.48
$30.04
$8.33
$63.84
*Job title designations that include an "*" will be the predominant job titles billed for Formal Task Assignments.
Other job titles may also be billed, but to a lesser extent unless authorized by Kiittitas County.
Sub -consultants billed at cost plus 5.0096.
Reimbursables billed at actual costs.
Prepared by Josh Fedora, P.E. January 25, 2017
Agreement Number: KCPW 2017-19EN63
AMkk
lAl Akmc rt : tom
Lyme Pt," ore
d Tfz'mPxtft*m
June 9, 2016
KPG, Ina.
753 SP Avamre N
Seattley WA 98109
Tn m --Porte*" 9WRO 10
310 %-jtpn Poem A xm, &E
P.O. 5LE: dT�3
Subject: Acceptance FYE 2015 ICR — Risk Assessment Review
Dear 1bls. Susan Rowe:
Bawd an Wa binngton State Dqmtment of Transportation's (WSDOT) Risk
Assommmit renew of your "red Cost Rate (ICR), we have accepted your proposed
FYE 2015 ICR of 117.8M This ICR acceptance is in accordance with 23 CFR 172.7
and must be mpdowd ori an =nwl basis. This rate may be subject to additional review
if considered ncomwy by WSDO T and will be applicable far:
❑ WSDOT Ap=cnb
® Local Agency Contracts in Waslrington State only
Coats billed to agrttwill still be subject to audit of actual costs, based
on the a mm and conditions of the respective gpconerticontram
The was not a cognizant review. Any other entity coubactigg with the firm is
r+esporrsrbk for debenaining the aooap44bility of the ICR.
If you have any qucdWm4 fed five to contact ow office at (360) 705-7104 or via
email canrustltar�tmt�sdt.w.v.
R s;
IVA
EEK IC JONSON-I
Maresm1gr Corusuldnt Services Office
EKJ:lans
Amqmm icuRI* Awzw=acwk.
Contmetor Coo Cowtc OOD
990OLIOD 42hol MOO Cob
Finn Nance: KPG Inc PS
lodima Cost Rate Fropasai: 117.69
Date of Prnpowl prgpmtlon (mrnldd/yyyy): 0410712Dl6 . W
Fusel Period Covened (umAdlyyyy to mWddlyyyy): 01!0112015 b 12131/2096
I. the mdoWSmad aero diet I hie rrnlewed the p vpwd to ewablkh f $Wad !x*to cast rotes
for A4efiardmHod as a w9bdobm mW to dw brit qjrjwAmdatt arrdbdief
1) All a n& to Adod lir tkls proposd to a wablbk f mal bdlrm dart rearm orae allowable to
ozowAmet w MJk dw e w pindpki e f the Pedend AcquW imr Re p twimer (JrAA) q
• rdle 4.K Code ofFede d JtepAokm tCFR). pwr 31.
2.) 7w FmPosd does not Lwl mk &V costa whkA arse cWru* mdk abk wr*r the
e vwprbx `w of the FAR q148 CFR 11.
All kreawtt mwWld tre mwdorts or ewfift OW haw owwmd dffsctft dw" 's owwenhO6
a pnkwicm and belbn+ar earl rain haw been disclosed
P.
Nom ofC bfyiogOficial (PnM):.Nelson Davis
rtk: President
Dear of C dficadw (mmlddOM): 0512412016
Exhibit E
Sub -consultant Cost Computations
There isn't any 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.
KPG will recommend qualified specialty sub -consultants for review and approval by Kittitas County as needed
during the development of each Formal Task Order Document.
Axwn a Number: KCPW 2017-19ENG3
*SWT FWW 140-M EF Earhfi* E Page ? of f
Rav#sed 10130IM4
Exhibit F
Title W Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
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 of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions
as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
- Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
b. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States. Agreement Number: KCPW 2017-19ENGS
MDOT Fbm 140-M EF Exhfi* F Page 1 of f
R*vh ad 1av=M
Exhibit G
Certification Documents
Exhibit G-1(ai) Certification of Consultant
Exhibit G -1(b) Certification of
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-; Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G4 Certificate of Current Cost or Pricing Data
AgruvwK Nwnber K! P W 201'7 -1 ENG 3
WSWT Form 1 fF f3Mt Q Page 1 of 1
Rovfaast IaWI W4
Exhibit G -1(a) Certification of Consultant
1 hereby certify that 1 am the and duly authorized representative of the firm of
KPG, P.S.
whose address is
23 South Wenatchee Avenue, Suite 223, Wenatchee, WA 98$01
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 Kittitas County Department of 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.
KPG, Y-5.
CortWhO (Firm Name)
-�
(Authorasd Ofltdal of Cansultang Date
Agrewnem Number: KCPd+12o17 - IQ E 6'5
W3D0T FvM l40-0ft EF Er dW G pap 7 of t
Revlgd IDOW 14
Exhibit G -1(b) Certification of Kittitas County
I hereby certify that 1 am the:
M Kittitas County Engineer
❑ Other
of the Kinitas County Department of Public Works , and KPG, P.S.
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 Kittitas County Department of 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.
Signature
WSDOT Foes 140-M EF ExNW G
!wised lW302M4
Date
AgreemeM Number. K<.FW 70-14EA1(ft3
Page 1 of 1
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility [utters - Primary Covered Transactions
1. 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.
11. 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.
KPG, P.S.
Consultant (Firm Name)
r
(Auftdzed Omctw of crosaltant)
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Aw emertNumber. KCPW 2-017-19EW&3
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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.
KPG, P.S.
Consub* (Firm Name)
(AuftroW &W of CMIRA O
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Date
Agreement Number KdW 2ol'7 - ig EW,3
Pae t of i
Exhibit G,4 Certificate of Cu7rent 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 KPG, P.S. ' are accurate, complete, and current
as of 1123117
This certification includes the cost or pricing data supporting any advanceAGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: KPG, P.S.
Date of Execution***:
-Identify the proposal, quotation, request for pricin adjustment, or other submission hwolved, giving the appropriate Identifying number (e.g. project title.)
"Ines the day, month, and year, when price negotiations were concluded and price AGREEWWr was reached.
• "Inved 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.
Agr+eementNumber. KCPW 2017-19ENG3
v&DorFww 14o -m EF ErAfbllt G
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Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increaaed
The professional liability limit of the CONSULTANT to the AGENCY identified in Section X1TI, Legal Relations
and Insurance of this Agreement is amended to $ N/A
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $ NIA
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $NIA
• Include all costs, fee increase, premiums.
This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
N/A
AgementNinr►ber: KCPW--2017-19ENG3
WSDOT Fam 4404 FF &hM H Pare t of t
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Exhibit 1
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include; all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue_
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). if this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
A 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.
wswr Pom i4o4m EF aftmw r
Revind taf$Q=M
Agreement Number: KCPW 2017-19ENG3
Purge 7 of Z
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• if mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
AgreementNumber: KCPW 2017-19ENG3
YYSOOT Amm 1404W EF E hM* 1 Pale 2 of 2
Revfs+ed IW3Q2014
Exhibit J
Consultant Claire Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
- Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FH WA 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 W SDOT 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. Atter 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.
AVewwnt Num„ = KCPW 2017-19ENG3
moor Form 14v-oea EF 6filblt J Psge 3 On
ReViSe l 10 3WM4
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 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 W SDOT 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 b Preparation of Supplement or New Agreement for the Consultant's Claims)
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.
Agm meMNumber. KCPW 2017-19ENG-9
wsnoTForm 1 FF6rffleNr p'w 2 of 2
Ravi"d IGOW Of4
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number: KCPW2017-19ENG1
Firm/Organization Legal Name (do not use dba's):
Jacobs Engineering Group Inc.
Address
Federal Aid Number
600 108th Ave NE, Ste, 700 Bellevue, WA 98004
Assigned to federal aid projects by Task Order
UBI Number
Federal TIN or SSN Number
95-4081636
Execution Date
Completion Date
February 7, 2017
February 1, 2020
1099 Form Required
Federal Participation
❑ Yes Q No
i❑ Yes ❑i No
Project Title
Master Task Order Agreement - On-call for Civil, Structural, and Construction Engineering Services
Description of Work
Provide on-call consulting to Kittitas County. Services may include but are not limited to civil engineering
services such as survey data collection, preparation of project designs for roadways, retaining walls, safety
elements, hydraulics, soils and paving, and other transportation facilities and features; structural engineering
services such as preparing bridge and structural designs, producing bridge load ratings and load limits, support
and provide guidance/recommendations on identified bridge deficiencies and repairs, and conduct bridge
inspections in accordance with FHWA NBI standards; construction engineering services such as inspecting
construction of roads, structural features, retaining walls, safety elements, hydraulic projects, soils and paving,
and other transportation facilities and features; as well as review and refinement of existing county code(s).
Task Orders (TO) will be used to assign work under this contract. Each TO will be individually requested,
scoped, budgeted, and approved. Projects may include federal participation (determined by individual TO).
❑ Yes ❑ No DBE Participation
Maximum Amount Payable: Defined by Task Order
❑ Yes ❑ No MBE Participation
❑ Yes ❑ No WBE Participation
❑ Yes ❑ No SBE Participation
Index of Exhibits
Exhibit A Scope of Work
Exhibit B DBE Participation
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub -consultant Cost Computations
Exhibit F Title VI Assurances
Exhibit G Certification Documents
Exhibit H Liability Insurance Increase
Exhibit I Alleged Consultant Design Error Procedures
Exhibit J Consultant Claim Procedures Agreement Number: KCPW2017-19ENG1
Local Agency A&E Professional Services Negotiated Hourly Rafe Consultant Agreement Page 1 of 14
Revised 4/10/2015
THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the Kittitas County Department of Public Works
hereinafter called the "AGENCY," and the "Firm 1 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.
Il 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.
General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number: KCPW2017-19ENG1
LocalAgencyA&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 14
Revised 411012015
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.
The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE
firms invoiced for this AGREEMENT.
All Reports, PS&E materials, and other data fumished 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:
Name: Lucas Huck
Agency: Kittitas County Public Works
Address: 411 N. Ruby Street, Ste 1
City: Ellensburg State: WA Zip: 98926
Email: Lucas.Huck@co.kittitas.wa.us
Phone: 509-962-7523
Facsimile: 509-962-7663
IV. Time for Beginning and Completion
If to CONSULTANT:
Name: Don Nelson PE.
Agency: Jacobs Engineering Group, Inc
Address: 600 108th Ave NE, Ste 700
City: Bellevue State: WA Zip: 98004
Email: Don.Nelson@jacobs.com
Phone: 425-990-6898
Facsimile: 425-452-1212
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
Agreement Number. KCPW2017-19ENG1
Local Agency A&E Professional Services Negotiated Hourly Rate ConsultantAgreement Page 3 of 14
Revised 411012015
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES.
The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (ww-w.ecfr.gov).
A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,
and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated
rates shall be memorialized in a final written acknowledgement between the parties. Such final written
acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgement,
to 180 days following the CONSULTANT's fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written
request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E",
will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12)
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement
between the parties. Such final written acknowledgement shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid
in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the
AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's
actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will be
applicable for the twelve (12) month period.
The fixed fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life
of the AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the
close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rates
under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates
will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional
indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the
updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional
or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved
indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or
extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written
acknowledgement.
The CONSULTANT shall maintain and have accessible support data for verification of the components of the
hourly rates, i.e., direct (raw) labor, indirect cost rate, and fixed fee (profit) percentage. The CONSULTANT
shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fixed fee.
Agreement Number: KCPW2017-19ENG1
Local AgencyA&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14
Revised 411012015
B. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the CONSULTANT.
These charges may include, but are not limited to, the following items: travel, printing, long distance telephone,
supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to lowest
price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the
rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the
WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and all revisions thereto.
Air, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR)
Part 31.205-46 "Travel Costs." The billing for Direct Non -salary Costs shall include an itemized listing of the
charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting
documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon
request. All above charges must be necessary for the SERVICES provided under this AGREEMENT.
C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.)
The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra
Work." No minimum amount payable is guaranteed under this AGREEMENT.
D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in
A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates
established in Exhibit "D," including names and classifications of all employees, and billings for all direct non -
salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees,
the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles,
salary rates, and present duties of those employees performing work on the SERVICES at the time of the
interview.
E. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT
may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the
AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to
any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may
pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment
to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not
constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY
of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the
CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to
the AGENCY for audit findings.
F. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager.
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VI. Sub -Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub -consultant, any contract or any other relationship.
Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub -
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT_
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
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VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V § 2000d
through 2000d -4a)
- Federal -aid Highway Act of 1973
(23 U.S.C. Chapter 3 § 324)
• Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V § 794)
• Age Discrimination Act of 1975
(42 U.S.C. Chapter 76 § 6101 et. seq.)
• Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 U.S.C. Chapter 126 § 12101 et. seq.)
• 23 CFR Part 200
49 CFR Part 21
49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs in accordance with the termination for other than default clauses listed previously.
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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 "T'. 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.
Xlt. 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
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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, m 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 by the Parties.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
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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 Als 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: Lucas Huck PE.
Agency: Kittitas County
Address: 411 North Ruby, Suite 1
City: Ellensburg State: WA Zip: 98926
Email: Lucas.Huck@co.kittitas.wa.us
Phone: 509-962-7523
Facsimile: 509-962-7663
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability
is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to
third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third 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.
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XIIL Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
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XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, STATE
and AGENCY security data, or information which may jeopardize any part of the project that relates to any of
these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest
confidence and not to make use of the State's Confidential Information for any purpose other than the performance
of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other parry without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing parry at the conclusion of the SERVICES under this AGREEMENT.
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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 parry;
(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, AGR=MENTs, appraisals,
plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records,
telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts,
scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries,
inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other
taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether
or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the
foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any
commentary or notation whatsoever that does not appear on the original.
Agreement Number: KCPW2017-19ENG1
Local AgencyA&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 93 of 14
Revised 4/10/2015
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub -consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub -consultant to its 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.
ca2Q�(g,.)
Signature
Signature
F44i O1 /
Date
Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Agreement Number. KCPW2017-19ENG1
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14
Revised 4/10/2015
Exhibit Q
Scope of Work
Project No. KCPW 2017 - 2019
Scope of Work
(Master Task Order Agreement)
Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be
individually negotiated with the CONSULTANT. The amount established for each assignment will be the
maximum amount payable for that assignment unless modified in writing by the AGENCY, The AGENCY is not
obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY'S and
CONSULTANT'S obligations hereunder are limited to tasks assigned in writing. Task assignments may include
but are not limited to, the following types of work:
A. Professional Civil Engineering Services
B. Professional Structural Engineering and Bridge Inspection Services
C. Professional Construction Engineering Services
D. Other professional services as identified in the Request for Qualifications
Task assignments made by the AGENCY shall be issued in writing by a Formal Task Order Document similar in
format as shown below.
An assignment shall become effective when a formal Task Assignment Document is signed by the
CONSULTANT and the AGENCY, except that emergency actions requiring a 24-hour or less response can be
handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment
Document within four working days, and any billing rates agreed to orally (for individuals, subconsultants, or
organizations whose rates were not previously established in the AGREEMENT) shall be provisional and subject
to final negotiation and acceptance by the AGENCY.
Formal Task Order Document
Task Number
The general provisions and clauses of Agreement
Location of Project:
Project Title:
Description of Work:
Cost Breakdown:
Maximum Amount Payable Per Task Assignment:
Completion Date:
Agency Project Manager Signature/Date:
Consultant Signature/Date:
shall be in full force and effect for this Task Assignment.
Agreement Number: KCPW2017-19ENG1
WSAOT Form 140-089 EF Exhibit A Page 1 of 1
Revised 1013012014
To be determined by Formal Task Order Document.
WSDOT Form 140-089 EF Exhibit B
Revised 10/30/2014
Exhibit B
DBE Participation
Agreement Number: KCPW2017-19ENG1
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:
I. Surveying, Roadway Design. & Plans Preparation Section
A. Survey Data
To be determined by Formal Task Order Document.
B. Roadway Design Files
To be determined by Formal Task Order Document.
C. Computer Aided Drafting Files
To be determined by Formal Task Order Document.
Agreement Number: KCPW2017-19ENG1
W5DO T Form 140-089 EF Exhibit C Page 1 of 4
Revised 1013012014
D. Specify the Agency's Right to Review Product with the Consultant
To be determined by Formal Task Order Document.
E. Specify the Electronic Deliverables to Be Provided to the Agency
To be determined by Formal Task Order Document.
F. Specify What Agency Furnished Services and Information Is to Be Provided
To be determined by Formal Task Order Document.
Agreement Number: KCPW2017-19ENG1
WSDOT Form 140-089 EF Exhibit C Page 2 of 4
Revised 10/30/2014
II. Any Other Electronic Files to Be Provided
To be determined by Formal Task Order Document.
III. Methods to Electronically Exchange Data
Project Files will be provided to the Agency vie mail, electronic mail, FTP site transfer, temporary hard drive,
or other appropriate electronic transfer methods.
WSDOT Form 140-089 EF Exhibit C Page 3 of 4
Revised 10130/2014
A. Agency Software Suite
Autodesk Infrastructure Design Suite Premium (AutoCAD and Civi13D)
Microsoft Office
Other
B. Electronic Messaging System
Email, FTP, Skype
C. File Transfers Format
To be determined by Formal Task Order Document.
WSDOT Form 440-089 EF Exhibit C Page 4 of 4
Revised 10/30/2044
Jacobs information is attached.
Exhibit D
Prime Consultant Cost Computations
Agreement Number: KCPW2017-19ENG1
WSDOT Form 140-089 EF Exhibit D Page 1 of 1
Revised 1013012014
Awk
Washington State
Department of Transportation
Transportation Building
3'i0 BoxMap4 Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
Lynn Peterson
360-705-7000
Secretary of Transportation
TD'. 1-800-833-6388
www.wsdot.we.gov
August 3, 2016
Jacobs Engineering Group, Inc. (North American Infratructure (NAI)
600 - 108th Avenue NE, Suite 700
Bellevue, WA 98004-5110
Subject: Acceptance FYE 2015 ICR — CPA Report
Dear Ms. Kathy Blackmon:
We have accepted your firm's FYE 2015 Indirect Cost Rate (ICR) of 103.61 % of direct
labor for At -Office, and 82.22% of direct labor for At -Site based on the "Independent
CPA Report," prepared in accordance with Part 31 of the FAR, by Cleary Government
Services, LLC. Your ICR acceptance is in accordance with 23 CFR 172.7 and must be
updated on an annual basis. This rate will be applicable for:
® WSDOT Agreements
® Local Agency Contracts in Washington State only
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7104 or via email
consultantrates a,wsdot.wa.g_ov.
Regards;
1KVK_ JO SON
Manager, Consultant Services Office
EKJ:kms
Acceptance ICR Audit Office Review
Aoki,
VrFAff Washington State M e m o ran d u rn
Department of Transportation
August 1, 2016
TO: Erik Jonson, Contracting Services Manager
FROM: Schatzie Harvey, Agreement Compliance Audit Manager
SUBJECT: Jacobs Engineering Group North American Infrastructure (NAI) Indirect
Cost Rate for Fiscal Year Ended October 2, 2015
We accept the audit work performed by Cleary Government Services, LLC related to the
Jacobs Engineering Group NAI Indirect Cost Rate for the above referenced fiscal year.
Cleary Government Services audited the Jacobs Engineering Group NAI indirect costs
for compliance with Federal Acquisition Regulations (FAR), Subpart 31. Our office did
not review their audit work.
Based on our acceptance of the CPA's audit, we are issuing this memo establishing the
Jacobs Engineering Group NAI Indirect Cost Rate for fiscal year ending October 2, 2015
at 104.06% for At -Office, and 82.67% for At -Site for contracts in effect prior to June 24,
2014.
In compliance with 48 CFR 31.205-6(p)(3)(iii), the CPA finn completed an additional
adjustment. For contracts awarded on or after June 24, 2014, the accepted Jacobs NAI
indirect cost rate for fiscal year ended October 2, 2015 at 103.61 % for At -Office, and
82.22% for At -Site.
Costs billed to agreements will still be subject to audit of actual costs, based on the terns
and conditions of the respective agreement.
This Was not a cognizant review. Any other entity contracting with the fine is
responsible for determining the acceptability of the Indirect Cost Rate.
If you have any questions, feel free to call me at (360) 705-7006, or via email at
harveyy s it wsdot.wa.gov.
Attachment
cc: Steve McNerney
File
DOT Form nmoe EF
Revised Sf99
FHWA Order 4470.1A
Appendix A. Contractor Cost Certification
Certification of Final indirect Costs
Firm Name: Jacobs Engineering Group Inc. North American Infrastructure)
Indirect Cost Rate Proposal: FY2016: At -Office rate 103.61%;At-Si a 82.22%
Date of Proposal Preparation (mm/dd/yyyy): 03/1512016
Fiscal Period Covered (mm/ddlyyyy to mmlddlyyyy): 09/27/2014 to 10/02/2015
1, the undersigned, certify that 1 have reviewed the proposal to establish final
indirect cost rates for the fiscal period as speclfled above and to the best of my
knowledge and belief. -
1.) All costs included in this proposal to establish final indirect cost rates are
allowable in accordance with the cost principles of the Federal Acquisition
Regulations (FAR) of title 48, Code of Federal Regulations (CFR), part 31.
2.) This proposal does not include any costs which are expressly unallowable
under the cost principles of the FAR of 48 CFR 31.
All known material transactions or event that have occurred affecting the firm's
ownership, organization and indirect cost rates have been disclosed.
Signature:
Name of Certifying Official (Print): _Rose Egidl
Title: lice President - Controller
Date of Certification (mm/dd/yyyy): 03/16/2016
Attachment A- FY15 NAI OH Audit Report
lurch American Infrastruchlre
1 I3usiness Unit ul'.lacnhs ICntiincerinR Grump Inc.
Summ arvafAl-Oflice:mid At -Site Rates
For the Discal fear Ended October 2, NO
The Ai-ollicc and AI-Sltr rales rclalise to the midited fringe Ilrnelil lispcnsc and t ieneral & Admitlimmlire
lispense SL•nemcnts were compincd in accordance with fart 31 tifflie lateral Aequisiliun Regulation (FAR ,
North American Itlfrastructtlre
At -Office
AI -Site Ceneral & Adminhoralise ]dale
.55.42'%.
Use & Occupamc} Rate
21.311%,
Fringe lhmelii Roc
2G00%
Combined Rate
1113,61%
At -Site
Al -Silt Ounend & Adminisirlttive ]dale 5S.42%
Fringe Bemetil Hate 26.8II17P
C'lnnhined Rate 52.22%
See the lillhm'ing stalcmenis I'm tic Iniled cnmliulaions uflltC ahaee 17inge I3CIICI it lixhensc and tiCncral
Adminisirmit-e Expense talcs and for the aplilicahle esplanahlq nnlCs.
FHIS OCCUMErrT CC14Ti IUS COHFIDEIirIAL ANO PROPRIETFR•1 WFORMATION THAT HAS C0141AEF.CIAL RNOIOP. FINANC1FL VALUE. SUCH IItrCFtUAYIOH HAS
I40T EEEN PU-cLICLY QISCLOEEO AMID 15 EYEW.PT FROM DISCLOSURE UI@ER THE FREEDOM OF 111FORMATIOlfACT RH0 ALL 511AILAR L1HER LEGISLATIOw.
JACOES Etd6IIIEEnIFIG GROUP ItIC REQUESTS WRITTEN NOTICE 6CFC•RE AIIV PUBLIC 01SCLOSURE IS MADE.
4of15
Attachment A- FYI NAI OH Audit Report
North ATuericau Infrastructure
A Business Unit of Jacobs Engineering Grout, Inc.
SWIVIRcnl (111'171.1111w benefit Expense
rill- the Fiscal Year Ended October 2, 2015
NAI DIRECT FRINGE
BENEFIT EXPENSE
t\ule 51
[Y)S1:S.\E*1'0FAD.11*S1:111:,N :S
PAID TIME OFF
S _'6.SI1S.163
FICA
17.634.572
SUI
1.125_2115
rill
108.760
THRIFT PLAN
5.233.372
CROUP INSURANCE
12.125.44(1
WORKERS' COMPENSATION
5314.896
GENERAL LIABILITY
-1.067.340
EAIPLOVEE ASSISTANCE PLAN
61.374
TOTAL ALLOCATED FRINGE BENEFITS
S 67,405,331
TOTAL FRINGE LABOR BASE
S 25I,523,425
COMPANY -WIDE FRINGE BENEFIT RATE
26.80'%
The acL•urnpam m,, nu1e. UIV an inwgral pa,n uC[hls slalememl
THIS DOCUIMFNT r.OPPTAINs CoaFIDENTI4L AM PROPRIETARY INFORMATION THAT HAS CCIMIAEBCIAL AIM -DF, FVJAPICI4L VALUE. SUCH INFORMATION HAS NOT
SEEN PUBLICLY OISCLOSE13 AND M FXELIPT FROM DISCLOSURE UIIOER THE FREEDOM OF INFORIAAWH ACT A94D ALL OTHER SIMILAR. tMELATION. JAC013S
EUrINEERInG OPOUP RIC- REQUESTS WRniEll II07CE BEFORE ANY PUDUC DISCLOSURE IS MACE
3
5 of 15
Attachment A- FY15 NAI 014 Audit Report
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4 6of15
Attachment A- FYI NA1 ON Audit Report
North American Infrastructure
A liasiness tlnil of.lacabs Engineering Croup Lu.
Notes to Statements of Fringe Benefit ENpeuse
and General & Administrative Expense
for the FismiI Year Ended October 2, 2015
BEIM.-; Ul'Accounting and Deser'lption of Accounting Systems (continued)
Effective Scptember 28. 2013, the beginning of V 201-1. Jacobs exceeded the Cost Accnunlim Standard
ICASi 403 threslTold for requiring the use of the three -factor formula for allocating its Corporate Residual
Expense Pool (reference CAS 9904.103-40(c)(2)). As a result. alae accompanying Slatemenl ol'General IL
Administrative Expenses includes Jacobs Residual Pool allocated using the three -factor lbrnnlla (i.e..
average of IrMILICS, payroll S's and net fixed assets.)
3. Allocation Methods
The Company has established two indirect rates: (l ) an At -Office Rale that is applied to work performed hi,
Jncobs-provided facilities, and (2) an At -Site Rale 11tnt is applied to work- performed at non -Jacobs (i.e..
customer) provided ['acilides. The allocation base for the At -Site GSA rate includes all Prol'essional
Services and all Field Staff Direct Labor including prelniums. The allacalion base for the At -Office G. -A
rate includes At -Office Professional Services and At -Office Field Slaft Direcl Labor including premiums.
Coniracl labor is not included In the direct labor base, and it is char -ed direct to projects as an ODC.
The Company uses Ilse same fringe benefit rate for both its At -Office and AI-Sllc direct labor and allocates
fringe benefit expenses bused upon total payroll dollars (including premiums aril excluding incentive
compensntion.)
The Company receives an allocation of costs from the Parent Company chat includes salaries. related frilT_"c
benefits and general and administrative expenses. The GSA expenses include the costs of certain executive
nTI11r1gelTTent, accounlin��. treasury. infarrnslion technology. humin resources, health and safety. and
other corpornle functions. Time costs are allnemcd to the Company based opals a three-tier method, Mlieh
allocates costs that are: (1) directly attributable to the Company: (2) separately associated with the Company
Ihat arc allocated based upon appropriate bases titan use direct labor dollars. total payroll dollars, revenues. or
a combination thereof: und. (3) amounts remaining after the first Iwo tiers. allocated based upon a two -factor
formula that is compuled using Professional Service and Field StalTpayroll dollars and revenues.
The allocanions of f is Parent Company's Corporate Home Office casts have been properly adjusted to relied
FAR Part 31 disallowances. These amounts werc determined by Elie same multi -step process as described
above in Note'_. 77Te net allowable costs for each of ase Corporate Home Office Cos[ pools are Ellen allocated
using file melhudulugics described above.
Excess Cumpensalion
The unallmrable indirect labor adjustment ol'S416.585 includes a disallowance pl'S402.170 based till
application ofthe $447,000 benchnim-h- and an additional 311.355 was disallowed based on the contpenshtion
analysis tial Jacobs perlorms annually. As part of this analysis. senior executives were benchmarked to
surreys in which Jacobs participated. The overall Iesulls of the compensation analysis showed that the
THIS DOCUMENT -CONTAINS CONFIDENTIAL ANI) PROPRIETARY INFORMATION THAT HAS COMMERCIAL ANWOR FINANCIAL VALUE
SUCH INFORMATION HAS NOT BEEN PUBLICLY DISCLOSED AND I5 EXEMPT FROM DISCLOSURE UNDER THE FREEDOM Or
iNFOR1MATION ACT AND ALL OTHER SIMILAR LEGISLATION. JACOBS ENGINEERING GROUP INC. REQUESTS WRITTEN NOTICE BEFORE
ANY PUBLIC DISCLOSURE IS IAADE.
9of15
a
a
Attachment A- FY15 NAI OH Audit Repoil
Nortlt American Infriastructure
A itusiness unu Ilr.lacuhe 1sngineering Group Inc.
Nofes to Statements of Fringe Benerit Expense
.incl General & Administrative Expense 3
for the Fiseal Year Encle(i October 2., MISS
4. Excess Campensation lcoutinued)
Company= s compensation was reasonable with the exception of the alorementioned disallowunces. Ille
rerllaining halttnce of 53,060 reflects ntller unallowable activities and was disallowed in accordance wil11
FAR 31.'05-27. In addition. nil excess L'ompensalian disallowance of S 1.744.010 Is reflected as a pati orllle
Iola] ColiTorate Allocalion S487.000 benchmark disallowance in accordance with FAR 31.205-G.
5. Fringe Benefits
The Parent Company calculuses it Company -hide fringe benefit rate Ilial is applied to its US business [roils
and wholly-owned subsidiaries. Fringe benelil costs include an adjustment of the indirect fringe benefit
expense recorded in the gen cr al ledger al the standard fringe rate or34.2qu to the FY 3015 actual ti•ingc rale
or-M.110a..
6. Restricted Stock and Pension Flan
The Parent company nminlains a restricted stock plan as hart of compensation in accordance with FAR
31.205-6. The Company's share of the reslricled slack pla» included in the G&A Pool is S 1.043.425. In
addition. the Company provides. i'or ceilain employees lions a previously -acquired company. a defined
benefit pension plan 1119[ meets the requirements of FAR 31.205-6(j). The Company's share of tile pension
plan included in the GACA fool is 53.312.089.
7. Travel S Business Meals
Based on a review of travel and Minted costs. 1443.641) was disallowed in accordance with FAR 31 20-46,
S. Emplayee Training & Does
The ad;ustmenl orS498.001 represents dues 111.11 are unallovwahlc in acyordance with FAIR 31205-14.
9. Recruiting and Relocation Expenses
T -Ile I-elMilliVil adjaslnlent 0I'Si349.889 represents employee relocation expenses [hat are considered
uruillowable in accordance vwitli FAR 31.20-35.
Ili. Vehicle Expenses
Based on a review of vehicle expenses. $115.2211 was disallowed in accordance wilh 31.2115-46 and 3f 201-
-1d1.
THIS DDCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION THAT HAS COMMERCIAL ANDIDR FINANCIAL VALUE-.
SUCH INFORMA13ON HAS NOT BEEN PUBLICLY DISCLOSED AND 15 EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF
INFORMATION ACT AND ALL OTHER S10LAR LEGISLATION. JACOB5 ENGINEERING GROUP INC. REQUESTS WRITTEN NOTICE BEFORE
ANY PUBLIC DISCLOSURE IS MADE.
10 of 15
Attachment A- FY15 NAI OH Audit Report
North American Infrastructure
it ltusiness Unit ar.Iaeu6s Eagineerimt: Group Inc.
Notes to -Statements of Fringe Benefit Expense
and General S A(Iministrative Expense
for the Fiscal Year Crtded Oclubu 2, 2015
11. Outside Services
I -he udjuslment orS 33.254 represents costs disallowed in accordance with FAR 31.205-33.
12. Public Relations and Advertising
The adjustment amount of'S33.5011 represents public relations and advertising expenses that .are considered
tmallowable in accordance with FAR 31'.205-1.
13. Cast Recovery
The Cost recovery accounts are used la charge prt1jecls fur the usage of'company-owned equipment.
supplies and vehicles. Portions nroverhead relatings to reproduction. vehicle costs, field equipment and
supplies and other miscellaneous costs are allocated (via a credit to cost rccovm) to direct project expense
based un aeltlal usage.
14. Other
included in the olfter adjustment of 51.13 3,788 are the following unallowable expenses of F1' 3015 actuni
costs:
Fines & Penalties (FAR 31.205-15)
Contributions (PAR 31.205-8)
S '_.132
S 151.376
Internal Promotion Meal L Entertainment 1FAR 31.2 various) $676.146
External Promotion Mcnls. Entertainment S Other (FAR 31.2 various) S 136.514
$_966.159"
"Tlte rentainirip balance ol'the disallowed amount is determined using the
methodology discussed in Mute 2.
15. loMlfive Contpens;ttiutr - Ronusrs
Hislorically. the awarded incenlive compensation is paid to employees over a three-year period and is
included in indirecl costs in the year that the amounts are actuallypaid to employees (i.e.—cush basis.]
Starting, with the incentive compensation payments made in December 2014. lix- F1' 3015), all annual
bonus innards will be paid in full in the i)ecember 1'611mving the end of the fiscal year. Thal is. the bomtses
Nvill net longer he paid oul in three equal lttslalhliettts. bill rather. they will be paid in Rill in a single
installment alter fiscal yeur end. A 11 unpaid incentive umcunis deferred from prior years will be paid
according_ to the original deferral schedule.
THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION 7HAT HAS COMMERCIAL ANDIOR FINANCIAL VALUE. � SUCH INFORMATION HAS NOT BEEN PUBLICLY DISCLOSED AND IS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF
INFORMATION ACT AND ALL OTHER 5@hILAR LEGISLATION_ JACOBS ENGINEERMS GROUP INC. REQUESTS WRITTEN NOTICE BEFORE
ANY PUBLIC DISCLOSURE IS MADE.
1
1'
9
11 of '15 `
Attachment A- FY15 NAI OH Audit Report
North American Infrastructure
A 1111Smem. Emit nf,hicDlis Engineering Group Inc.
Notes to Statements of Fringe Benefit Expense
and General & Administrative Expense
for the Fiscal Ymtr Ended October 2. 2015
16. Related Party Transactions
No aclius[menls or diSCIOSUres are required per FAR -31.205-26(e) or FAR 31.205-36(h)(3).
17. Direct Cost accounts include the Fallowing bat lure not limited to:
Travel. Subsistence. and Relocation
S ubconlr pacts/Consultan is
Contract Specific Training and Employee Development
Temporary and Other purchased Labor/Sci- ices
Contract Specific Safety Supplies and Equipment rental/leases
Contract Labor
Field Cori sumable/ExpendahIe Supplies/Office Supplies
Other Equipnteril/Supplies
�'elephune/Fat/C'omnutuiea[ions
Freight and Poslage
Oulside/Specially Reproduction Costs
Specialty Taxes
1llc Cnmpany's internal controls include the segregation of duties between accounts payable job Functions.
performance ol'a prey-nudit on certain accounts/expenditure types. accounts payable coding U•nining and
control of general and ndministrative costs through n rhuorolls budgeting process to avoid the inclusion of
direct costs in the indirect cost pool.
11. Revision of the FAR Compensation Cost Principle
The Indirect Cost Rates presented on file Sialemenl of General &- Administralive Expense apply only to
contracts awarded on or afier .lune 24. 201.4.
L)rective on .lune 2.1, 2014, the FAR compensalion cost principle (FAR a 1.205-fi(p)) was revised to reduce
the compensation ceiling to $487.000. The Indirect Cost hates presented below reflect tire higher
compensation allowability ceiling ol'S952K, and they include 11-inae bench[ costs. Further. the Indirect Cost
Rates shown below apply oltly to costs incurred and contracts awarded oil or before June 23, 2014. Contract
modifications, amendmems. tush orders and,or deliver%, orders awarded after .lune,+. 2014 related to
contracts awarded ort ar belbre June 23. 2014 are also subject to the rates shown below.
At-Dflice 10-1.06"0
Al -Site 32,67%
1+1. 11»Itagerncnt's Evaluation ofSlnbsequent Events
Management has considered and evllluated sienilicant subsequenl events through March 15. 2016. and Iltere
were: no Si-L-11Mcaltt suhscquent events Ihat %VOIL]d have a material elTect on the F1' 2015 indirect rates or- that
require disclosure in the notes.
THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION THAT HAS COMMERCIAL ANDIOR FINANCIAL VALUE,
SUCH INFORMATION HAS NOT BEEN PUBLICLY DISCLOSED AND IS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF
INFORMATION ACT AND ALL OTHER SIMILAR LEGISLATION. JACOBS ENGINEERING GROUP INC. REQUESTS WRITTCN NOTICE BEFORE
ANY PUBLIC DISCLOSURE 15 MADE.
10
'12 of 15
Klttltas County Public Works
Project TBD
AGREEMENT X-XXXKK
3ACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
0FfICERTLUNGRATES
Classification
Direct Labor Rate
Overhead
Fee
Fully Burdened
(DLR)
(103.61%) x DLR
(30.00%) x DLR
Billing Rate
NTF
NTF
NTE
NTE
Vice Presipent
$171.88
$178.06
$51.5b
$4U1.b/
Manager of Operations
$133.93
$138.76
$40.18
$312.86
Director of Projects
$133.93
$138.76
$40.18
$312.86
Manager of Projects
$133.93
$138.76
$40.18
$312.86
Principal
$133.93
$138.76
$40.18
$312.86
Program Manager
$133.93
$138.76
$40.18
$312.86
Project Manager
$133.93
$138.76
$40.18
$312.86
Project Controls Manager
$89.66
$92.90
$26.90
$209.46
Senior Project Controls
$102.22
$105.91
$30.66
$238.79
Project Controls
$60.90
$63.09
$18.27
$142.26
Budget Analyst
$60.90
$63.09
$18.27
$142.26
Senior Cost Analyst
$102.21
$105.90
$30.66
$238.78
Cost Analyst
$60.90
$63.09
$18.27
$142.26
Senior Cost Engineering
$122.66
$127.08
$36.80
$286.54
Cost Engineering
$73.07
$75.71
$21.92
$170.70
Project Cast Control
$41.17
$42.66
$12.35
$96.18
Senior Estimator
$102.21
$105.90
$30.66
$238.78
Estimator
$60.90
$63.09
$18.27
$142.26
Senior Schedule/Planning
$102.21
$105.90
$30.66
$238.78
Schedule/Planning
$60.90
$63.09
$18.27
$142.26
Senior Document Control
$102.21
$105.90
$30.66
$238.78
Document Control
$46.95
$48.64
$14.08
$109.68
Senior Contract Admin
$102.21
$105.90
$30.66
$238.78
Contract Admin
$60.90
$63.09
$18.27
$142.26
Senior Structural Engineer
$89.66
$92.90
$26.90
$209.46
Structural Engineer
$60.90
$63.09
$18.27
$142.26
Senior Structural Designer
$79.33
$82.20
$23.80
$185.33
Structural Designer
$46.95
$48.64
$14.08
$109.68
Senior Civil Engineer
$89.66
$92.90
$26.90
$209.46
Civil Engineer
$60.90
$63.09
$18.27
$142.26
Senior Civil Designer
$79.33
$82.20
$23.80
$185.33
Civil Designer
$60.90
$63.09
$18.27
$142.26
Senior Control Systems Engineer
$89.66
$92.90
$26.90
$209.46
y_XXXXX EXHIBIT 0 Page 1 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X-)00=
3ACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
OFFICE BILLING RA TER'
Classification
Direct Labor Rate
(DLR)
NTE
Overhead
(103.61%) x DLR
NTE
Fee
(30.00%) x DLR
NTE
Fully Burdened
Billing Rate
NTE
Control Systems Engineer
$60.90
$63.09
$18.27
$142.26
Senior Control Systems Designer
$79.33
$82.20
$23.80
$185.33
Control Systems Designer
$46.95
$48.64
$14.08
$109.68
Electrical Engineer
$60.90
$63.09
$18.27
$142.26
Electrical Designer
$46.95
$48.64
$14.08
$109.68
Senior Fire Protection Engineer
$89.66
$92.90
$26.90
$209.46
Fire Protection Engineer
$60.90
$63.09
$18.27
$142.26
Senior Fire Protection Designer
$79.33
$82.20
$23.80
$185.33
Fire Protection Designer
$46.95
$48.64
$14.08
$109.68
Senior HVAC Engineer
$89.66
$92.90
$26.90
$209.46
HVAC Engineer
$60.90
$63.09
$18.27
$142.26
Senior HVAC Designer
$79.33
$82.20
$23.80
$185.33
HVAC Designer
$46.95
$48.64
$14.08
$109.68
Senior Life Safety Engineer
$89.66
$92.90
$26.90
$209.46
Life Safety Engineer
$60.90
$63.09
$18.27
$142.26
Senior Life Safety Designer
$79.33
$82.20
$23.80
$185.33
Life Safety Designer
$46.95
$48.64
$14.08
$109.68
Senior Mechanical Engineer
$89.66
$92.90
$26.90
$209.46
Mechanical Engineer
$60.90
$63.09
$18.27
$142.26
Mechanical Designer
$46.95
$48.64
$14.08
$109.68
Senior Plumbing Engineer
$89.66
$92.90
$26.90
$209.46
Plumbing Engineer
$60.90
$63.09
$18.27
$142.26
Senior Plumbing Designer
$79.33
$82.20
$23.80
$185.33
Plumbing Designer
$46.95
$48.64
$14.08
$109.68
Security Engineer
$69.42
$71.93
$20.83
$162.17
Senior Systems Integration Engineer
$89.66
$92.90
$26.90
$209.46
Systems Integration Engineer
$60.90
$63.09
$18.27
$142.26
Senior Systems Integration Designer
$79.33
$82.20
$23.80
$185.33
Systems Integration Designer
$46.95
$48.64
$14.08
$109.68
Systems Specialist
$60.90
$63.09
$18.27
$142.26
Senior Technical Specialist
$89.66
$92.90
$26.90
$209.46
Technical Specialist
$53.41
$55.33
$16.02
$124.76
Senior Traffic Engineer
$89.66
$92.90
$26.90
$209.466
Traffic Engineer
$60.90
$63.09
$18.27
$142.26
y_)0(XxX EXHIBIT D Page 2 of 24
I(ittitas County Public Works
Project TBD
AGREEMENT X -XX)=
JACOBS
600108th Avenue NE, Suite 700
Bellevue, Washington 98004
OFFICE BILLING RATES'
Classification
Direct Labor Rate
(DLR)
NTE
Overhead
(103.61%) x DLR
NTE
Fee
(30.00%) x DLR
NTE
Fully Burdened
Billing Rate
NTE
Senior Voice/ Date/Integration Engineer
$89.66
$92.90
$26.90
$209.46
Voice/Date/Integration Engineer
$60.90
$63.09
$18.27
$142.26
Senior Voice/Data/integration Designer
$79.33
$82.20
$23.80
$185.33
Voice/Dato/Integration Designer
$46.95
$48.64
$14.08
$109.68
Environmental Project Manager
$102.21
$105.90
$30.66
$238.78
Environmental/GIS Planner
$60.90
$63.09
$18.27
$142.26
Senior Air Quality Engineer
$89.66
$92.90
$26.90
$209.46
Air Quality Engineer
$60.90
$63.09
$18.27
$142.26
Senior Biologist
$89.66
$92.90
$26.90
$209.46
Biologist
$53.41
$55.33
$16.02
$124.76
Senior Environmental Engineer
$89.66
$92.90
$26.90
$209.46
Environmental Engineer
$60.90
$63.09
$18.27
$142.26
Senior Environmental Scientist
$89.66
$92.90
$26.90
$209.46
Environmental Scientist
$53.41
$55.33
$16.02
$124.76
Senior Environ - Flood & Drainage Engineer
$89.66
$92.90
$26.90
$209.46
Environ - Flood & Drainage Engineer
$60.90
$63.09
$18.27
$142.26
Senior Environ - Proc & Waste Water Engineer
$89.66
$92.90
$26.90
$209.46
Environ - Proc & Waste Water Engineer
$60.90
$63.09
$18.27
$142.26
Senior Environ - Water Res & Econ Engineer
$89.66
$92.90
$26.90
$209.46
Environ - Water Res & Econ Engineer
$60.90
$63.09
$18.27
$142.26
Senior Consultant
$102.21
$105.90
$30.66
$238.78
Consultant
$69.42
$71.93
$20.83
$162.17
Senior Quality Control Supervisor
$69.42
$71.93
$20.83
$162.17
Senior Quality Control
$79.33
$82.20
$23.80
$185.33
Quality Control
$60.90
$63.09
$18.27
$142.26
Senior Construction Manager
$102.21
$105.90
$30.66
$238.78
Construction Manager
$79.33
$82.20
$23.80
$185.33
Senior Construction Project Manager
$102.21
$105.90
$30.66
$238.78
Construction Project Manager
$79.33
$82.20
$23.80
$185.33
Senior Construction Engineer
$102.21
$105.90
$30.66
$238.78
Construction Engineer
$79.33
$82.20
$23.80
$185.33
Senior Construction Inspector(Field)
$69.42
$71.93
$20.83
$162.17
Construction Inspector (Field)
$53.41
$55.33
$16.02
$124.76
Senior Architect
$102.21
$105.90
$30.66
$236.78
Architect
$60.90
$63.09
$18.27
$142.26
Y-XXXXX EXHIBIT D Page 3 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X-XXXXX
JACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
OFFICEBILUNGRATES
Classification
Direct Labor Rate
(DLR)
NTE
Overhead
(103.61%) x DLR
NTE
Fee
(30.00%) x DLit
NTE
Fully Burdened
Billing Rate
NTE
Architectural Designer
$46.95
$48.64
$14.08
$109.68
Senior Architectural Interior Designer
$79.33
$82.20
$23.80
$185.33
Architectural Interior Designer
$46.95
$48.64
$14.08
$109.68
Senior Architectural production
$79.33
$62.20
$23.80
$185.33
Architectural Production
$46.95
$48.64
$14.08
$109.68
Landscape Architect
$46.95
$48.64
$14.08
$109.68
Senior Transportation Planner
$89.66
$92.90
$26.90
$209.46
Transportation Planner
$60.90
$63.09
$18.27
$142.26
Senior Urban Planner
$89.66
$92.90
$26.90
$209.46
Urban Planner
$60.90
$63.09
$18.27
$142.26
Senior Planning Designer
$79.33
$82.20
$23.80
$185.33
Planning Designer
$46.95
$48.64
$14.08
$109.68
Senior CADD Techniclan/Designer
$79.33
$82.20
$23.80
$185.33
CADD Technician/Designer
$60.90
$63.09
$18.27
$142.26
Senior Drafting/Graphlc Artist/Designer
$79.33
$82.20
$23.80
$185.33
Drafting/Graphic Artist/ Designer
$46.95
$48.64
$14.08
$109.68
Senior Project Coordinator
$79.33
$82.20
$23.80
$185.33
Project Coordinator
$46.95
$48.64
$14.08
$109.68
Senior Project Administrative Assistant
$46.95
$48.64
$14.08
$109.68
Project Administrative Assistant
$31.68
$32.82
$9.50
$74.01
Adminlstrative Assistant
$27.83
$28.83
$8.35
$65.01
Non -Project Administrative Assistant
$46.95
$48.64
$14.08
$109.68
Clerical
$21.38
$22.16
$6.42
$49.96
Y-XXXXX EXHIBIT D Page 4 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X -XX)=
JACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
OFFICE BILLING RATES
Classification
Direct Labor Rate
Overhead
Fee
Fully Burdened
(DLR)
(103.61%) x DLR
(30.00%) x DLR
Billing Rabe
-
NTE
NTE
NTE
NTE
u
wianager of engineering
$144.b4
$149.11b
$43.39
$337.90
Manager of Architecture
$144.64
$149.86
$43.39
$337.90
Executive Project Manager
$144.64
$149.86
$43.39
$337.90
Senior Project Controls Manager
$110.40
$114.38
$33.12
$257.90
Senior Landscape Architect
$85.68
$88.77
$25.70
$200.15
Senior Control Systems Discipline Specialist
$96.83
$100.33
$29.05
$226.21
Control Systems Discipline Specialist
$65.77
$68.14
$19.73
$153.64
Senior Electrical Discipline Specialist
$96.83
$100.33
$29.05
$226.21
Electrical Discipline Specialist
$65.77
$68.14
$19.73
$153.64
Senior Electrical Designer
$85.68
$88.77
$25.70
$200.15
Senior HVAC Discipline Specialist
$96.83
$100.33
$29.05
$226.21
HVAC Discipline Specialist
$65.77
$68.14
$19.73
$153.64
Senior Mechanical Designer
$85.68
$88.77
$25.70
$200.15
Senior Quality Control (Supplier Surveillance)
$85.68
$68.77
$25.70
$200.15
Quality Control (Supplier Surveillance)
$57.68
$59.76
$17.30
$134.74
Senior CADD Engineer
$96.83
$100.33
$29.05
$226.21
CADD Engineer
$74.97
$77.68
$22.49
$175.15
Senior Administrator
$96.83
$100.33
$29.05
$226.21
Administrator
$74.97
$77.68
$22.49
$175.15
Senior Archeologist
$96.83
$100.33
$29.05
$226.21
Archeologist
$57.68
$59.76
$17.30
$134.74
Senior Biotech Specialist
$85.68
$88.77
$25.70
$200.15
Biotech Specialist
$50.71
$52.54
$15.21
$118.46
Building Maintenance
$44.47
$46.08
$13.34
$103.89
Business Manager
$110.40
$114.38
$33.12
$257.90
Business Systems Analyst
$74.97
$77.68
$22.49
$175.15
Senior CAE Systems
$110.40
$114.38
$33.12
$257.90
CAE Systems
$74.97
$77.68
$22.49
$175.15
Senior Chemical Engineer
$96.83
$100.33
$29.05
$226.21
Chemical Engineer
$65.77
$68.14
$19.73
$153.64
Senior Chemist
$96.83
$100.33
$29.05
$226.21
Chemist
$57.68
$59.76
$17.30
$134.74
Senior Civil Discipline Specialist
$96.83
$100.33
$29.05
$226.21
Civil Discipline Specialist
$65.77
$68.14
$19.73
$153.64
Y-XXXXX EXHIBIT D Page 5 of 24
Klttltas County Public Works
Project TBD
AGREEMENT X -X10000
3ACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
OFFICE BILLING RATES
Classification
Direct Labor Rate
(DLR)
NTE
Overhead
(103.61%) x DLit
NTE
Fee
(30.00%) x DLR
NTE
Fully Burdened
Billing Rate
NTE
CIvB Telecom Technician
$34.22
$35.45
$10.26
$79.93
Senior Commissioning Manager
$125.85
$130.39
$37.76
$294.00
Commissioning Manager
$110.40
$114.38
$33.12
$257.90
Senior Commissioning Specialist
$96.83
$100.33
$29.05
$226.21
Commissioning Specialist
$65.77
$68.14
$19.73
$153.64
Computer Operator
$65.77
$68.14
$19.73
$153.64
Senior Coordinator
$96.83
$100.33
$29.05
$226.21
Coordinator
$74.97
$77.68
$22.49
$175.15
Senior Creative Services
$74.97
$77.68
$22.49
$175.15
Creative Services
$57.68
$59.76
$17.30
$134.74
Data Base Administrator
$85.68
$88.77
$25.70
$200.15
Senior Engineering Software & Automation
$96.83
$100.33
$29.05
$226.21
Engineering Software & Automation
$65.77
$68.14
$19.73
$153.64
Senior Enviro-Water & Maritime Engineering
$96.83
$100.33
$29.05
$226.21
Enviro-Water & Maritime Engineering
$65.77
$68.14
$19.73
$153.64
Senior Expediting
$110.40
$114.38
$33.12
$257.90
Expediting
$50.71
$52.54
$15.21
$118.46
Facilities Management
$65.77
$68.14
$19.73
$153.64
Field Administration Services
$110.40
$114.38
$33.12
$257.90
Field Administrator
$44.47
$46.08
$13.34
$103.89
Senior Field Engineer
$110.40
$114.38
$33.12
$257.90
Field Engineer
$74.97
$77.68
$22.49
$175.15
Senior Geochemist
$96.83
$100.33
$29.05
$226.21
Geochemist
$57.68
$59.76
$17.30
$134.74
Geographic Information Systems
$65.77
$68.14
$19.73
$153.64
Senior Geologist
$96.83
$100.33
$29.05
$226.21
Geologist
$57.68
$59.76
$17.30
$134.74
Senior Geotechnical Engineer
$96.83
$100.33
$29.05
$226.21
Geotechnical Engineer
$65.77
$68.14
$19.73
$153.64
Senior Graphic Design Leader
$85.68
$88.77
$25.70
$200.15
Graphic Design Leader
$50.71
$52.54
$15.21
$118.46
Group Manager
$125.85
$130.39
$37.76
$294.00
Senior Health Physicist
$96.83
$100.33
$29.05
$226.21
Health Physicist
$57.68
$59.76
$17.30
$134.74
Senior Highway and Airports -Airfield Engineer
$96.83
$100.33
$29.05
$226.21
Y-XXXXX EXHIBIT D Page 6 of 24
lattitas County Public Works
Project TBD
AGREEMENT X-XXXXX
3ACDBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
0FFICEB1LLJ7yG RA71ES
Classification
Direct Labor Rate
(DLit)
NTE
Overhead
(103.61%) x DLR
NTE
Fee Fully Burdened
(30.00%) x DLR Billing Rate
NTE NTE
Highway and Airports -Airfield Engineer
$65.77
$68.14
$19.73 $153.64
Senior Highway and Airports -Airfield Planner
$96.83
$100.33
$29.05 $226.21
Highway and Airports-Alrfiield Planner
$65.77
$68.14
$19.73 $153.64
Senior Hydrogeologist
$96.83
$100.33
$29.05 $226.21
Hydrogeologist
$57.68
$59.76
$17.30 $134.74
Senior Hydrologist
$96.83
$100.33
$29.05 $226.21
Hydrologist
$57.68
$59.76
$17.30 $134.74
Senior Industrial Hygienist/H&S Specialist
$96.83
$100.33
$29.05 $226.21
Industrial Hygienist/H&S Specialist
$57.68
$59.76
$17.30 $134.74
Senior Industrial Hygienist
$96.83
$100.33
$29.05 $226.21
Industrial Hygienist
$57.68
$59.76
$17.30 $134.74
Inside Sales Leader
$110.40
$114.38
$33.12 $257.90
Inside Sales Manager
$74.97
$77.68
$22.49 $175.15
Inside Sales Coordinator Regional
$57.68
$59.76
$17.30 $134.74
Inside Sales Coordinator
$50.71
$52.54
$15.21 $118.46
Inside Sales Production Support
$50.71
$52.54
$15.21 $118.46
Senior Instrument and Control Designer
$85.68
$88.77
$25.70 $200.15
Instrument and Control Designer
$50.71
$52.54
$15.21 $118.46
Senior Instrument and Control Engineer
$96.83
$100.33
$29.05 $226.21
Instrument and Control Engineer
$65.77
$68.14
$19.73 $153.64
Senior Interior Design
$96.83
$100.33
$29.05 $226.21
Interior Design
$57.68
$59.76
$17.30 $134.74
Intern - Architecture
$30.06
$31.14
$9.02 $70.21
Intern - Business
$30.06
$31.14
$9.02 $70.21
Intern - Construction Management
$30.06
$31.14
$9.02 $70.21
Intern - Engineering
$34.22
$35.45
$10.26 $79.93
Intern - Planning
$34.22
$35.45
$10.26 $79.93
Intern - Project Support
$34.22
$35.45
$10.26 $79.93
Senior IT Manager
$125.85
$130.39
$37.76 $294.00
IT Manager
$110.40
$114.38
$33.12 $257.90
IT Project Manager
$96.83
$100.33
$29.05 $226.21
IT project Lead
$65.77
$68.14
$19.73 $153.64
IT Compliance Specialist
$74.97
$77.68
$22.49 $175.15
IT Finance Specialist
$65.77
$68.14
$19.73 $153.64
IT Procurement Specialist
$57.68
$59.76
$17.30 $134.74
Y-XXXXX EXHIBIT D Page 7 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X -XX)=
3ACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
OFFICE BILLING RA TES
Classification
Direct Labor Rate
(DLR)
NTE
Overhead
(103.61%) x DLR
NTE
Fee
(30.00%) x DLR
NTE
Fully Burdened
Billing Rate
NTE
Senior Laboratory Supervisor
$96.83
$100.33
$29.05
$226.21
Laboratory Supervisor
$57.68
$59.76
$17.30
$134.74
Senior Land Surveyor
$74.97
$77.68
$22.49
$175.15
Land Surveyor
$65.77
$68.14
$19.73
$153.64
Senior Logistics
$110.40
$114.38
$33.12
$257.90
Logistics
$50.71
$52.54
$15.21
$118.46
Maintenance Manager
$85.68
$88.77
$25.70
$200.15
Senior Material Control
$110.40
$114.38
$33.12
$257.90
Material Control
$50.71
$52.54
$15.21
$118.46
Material Transportation
$20.44
$21.17
$6.13
$47.74
Senior Materials Discipline Specialist
$96.83
$100.33
$29.05
$226.21
Materials Discipline Specialist
$65.77
$68.14
$19.73
$153.64
Senior Materials Engineering
$96.83
$100.33
$29.05
$226.21
Materials Engineering
$65.77
$68.14
$19.73
$153.64
Senior Mechanical Discipline Specialist
$96.83
$100.33
$29.05
$226.21
Mechanical Discipline Specialist
$65.77
$68.14
$19.73
$153.64
Senior Mining Engineer
$96.83
$100.33
$29.05
$226.21
Mining Engineer
$65.77
$68.14
$19.73
$153.64
Network Engineer
$74.97
$77.68
$22.49
$175.15
Senior Non -Project Specialist
$30.06
$31.14
$9.02
$70.21
Non -Project Specialist
$26.33
$27.28
$7.90
$61.52
Senior Nuclear Engineer
$96.83
$100.33
$29.05
$226.21
Nuclear Engineer
$65.77
$68.14
$19.73
$153.64
Senior Occupational Health
$96.83
$100.33
$29.05
$226.21
Occupational Health
$74.97
$77.68
$22.49
$175.15
Senior Office Engineer
$65.77
$68.14
$19.73
$153.64
Office Engineer
$57.68
$59.76
$17.30
$134.74
Outside Sales
$144.64
$149.86
$43.39
$337.90
Parks and Recreation Manager
$44.47
$46.08
$13.34
$103.89
Parks Athletics Manager
$34.22
$35.45
$10.26
$79.93
Parks Grounds & Maintenance Manager
$34.22
$35.45
$10.26
$79.93
PC Support Technician
$57.68
$59.76
$17.30
$134.74
Photogrammetrist
$44.47
$46.08
$13.34
$103.89
Senior Pipeline Designer
$85.68
$88.77
$25.70
$200.15
Pipeline Designer
$50.71
$52.54
$15.21
$118.46
Y-XXXXX EXHIBIT D Page 8 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X -X00=
JACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 48004
OFFICERULMORATES
Classification
Direct Labor Rate
(DLR)
NTE
Overhead
(103.61%) x DLR
NTE
Fee
(30.00%) x DLR
NTE
Fully Burdened
Billing Rate
NTE
Senior Pipeline Engineer
$96.83
$100.33
$29.05
$226.21
Pipeline Engineer
$65.77
$68.14
$19.73
$153.64
Senior Piping Designer
$85.68
$88.77
$25.70
$200.15
Piping Designer
$51).71
$52.54
$15.21
$118.46
Senior Piping/MTO Drafting Designer
$85.68
$88.77
$25.70
$200.15
Piping/MTO Drafting Designer
$50.71
$52.54
$15.21
$118.46
Senior piping Discipline Specialist
$96.83
$100.33
$29.05
$226.21
Piping Discipline Specialist
$65.77
$68.14
$19.73
$153.64
Senior Piping Engineer
$96.83
$100.33
$29.05
$226.21
Piping Engineer
$65.77
$68.14
$19.73
$153.64
Senior Process Architect
$110.40
$114.38
$33.12
$257.90
Process Architect
$65.77
$68.14
$19.73
$153.64
Senior Process Designer
$85.68
$88.77
$25.70
$200.15
Process Designer
$50.71
$52.54
$15.21
$118.46
Senior Process Discipline Specialist
$110.40
$114.38
$33.12
$257.90
Process Discipline Specialist
$65.77
$68.14
$19.73
$153.64
Senior Process Engineer
$110.40
$114.38
$33.12
$257.90
Process Engineer
$65.77
$68.14
$19.73
$153.64
Senior Process Safety Specialist
$65.77
$68.14
$19.73
$153.64
Process Safety Specialist
$50.71
$52.54
$15.21
$118.46
Production Control Analyst
$74.97
$77.68
$22.49
$175.15
Programmer/Analyst
$85.68
$86.77
$25.70
$200.15
Project Architecture
$110.40
$114.38
$33.12
$257.90
Senior Project Designer
$85.68
$88.77
$25.70
$200.15
Project Designer
$50.71
$52.54
$15.21
$118.46
Senior Project Engineer
$85.68
$88.77
$25.70
$200.15
Project Engineer
$74.97
$77.68
$22.49
$175.15
Senior Project Engineer Coordinator
$85.68
$88.77
$25.71)
$200.15
Project Engineer Coordinator
$74.97
$77.68
$22.49
$175.15
Project Engineer Manager
$125.85
$130.39
$37.76
$294.00
Senior Project Specialist
$30.06
$31.14
$9.02
$70.21
Project Specialist
$26.33
$27.28
$7.90
$61.52
Public Information
$85.68
$88.77
$25.71)
$200.15
Senior Qualification/Validation Documentation Specialist
$85.68
$88.77
$25.70
$200.15
Qualiflcetion/Validation Documentation Specialist
$50.71
$52.54
$15.21
$118.46
Y-XXXXX EXHIBIT D Page 9 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X-X)O=
3ACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
0FFICE8&LhyGRA77E5
Classification
Direct Labor Rate
Overhead
Fee
Fully Burdened
(DLR)
(103.61%) x DIR
(30.00%) x DLR
Billing Rate
NTE
NTE
NTE
NTE
Senior Qualification/Validation Field Specialist
$85.68
$88.77
$25.70
$200.15
Qualification/Validation Field Specialist
$50.71
$52.54
$15,21
$118.46
Senior Qualification/Validation Engineer
$96.83
$100.33
$29.05
$226.21
Quallfication/Validation Engineer
$65.77
$68.14
$19.73
$153.64
Quality
$110.40
$114.38
$33.12
$257.90
Senior Quality Assurance
$74.97
$77.68
$22.49
$175.15
Quality Assurance
$65.77
$68.14
$19.73
$153.64
Senior Quantity Surveyor
$96.83
$100.33
$29.05
$226.21
Quantity Surveyor
$65.77
$68.14
$19.73
$153.64
Senior Radiological Services
$96.83
$100.33
$29.05
$226.21
Radiological Services
$57.68
$59.76
$17.30
$134.74
Senior Rall -Permanent Way Engineer
$96.83
$100.33
$29.05
$226.21
Rail -Permanent Way Engineer
$65.77
$68.14
$19.73
$153.64
Senior Rall -Signaling Control Systems Engineer
$96.83
$100.33
$29.05
$226.21
Rail -Signaling Control Systems Engineer
$65.77
$68.14
$19.73
$153.64
Senior Rail -Systems, RLG STK & OP Engineer
$96.83
$100.33
$29.05
$226.21
Rail -Systems, RLG STK & OP Engineer
$65.77
$68.14
$19.73
$153.64
Senior Rali-Telecom Engineer
$96.83
$100.33
$29.05
$226.21
Rail -Telecom Engineer
$65.77
$68.14
$19.73
$153.64
Senior Rail -Traction Power Supply Engineer
$96.83
$100.33
$29.05
$226.21
Rail -Traction Power Supply Engineer
$65.77
$68.14
$19.73
$153.64
Receptionist/PBX Operator
$26.33
$27.28
$7.90
$61.52
Regional Communications Manager
$74.97
$77.68
$22.49
$175.15
Regional Communications
$50.71
$52.54
$15.21
$118.46
Senior Regulatory Compliance Specialist
$85.68
$88.77
$25.70
$200.15
Regulatory Compliance Specialist
$50.71
$52.54
$15.21
$118,46
Senior Regulatory Specialist
$96.83
$100.33
$29.05
$226,21
Regulatory Specialist
$57.68
$59.76
$17.30
$134.74
Resident Engineer
$74.97
$77.68
$22.49
$175.15
Senior Risk
$144.64
$149.86
$43.39
$337.90
Risk
$85.68
$88.77
$25.70
$200.15
Senior Rotating Equipment Engineer
$96.83
$100.33
$29.05
$226.21
Rotating Equipment Engineer
$65.77
$68.14 _
$14.73
$153.64
Senior Safety
$144.64
$149.86
$43.39
$337.90
safety
$74.97
$77.68
$22.49
$175.15
Y-XXXXX EXHIBIT D
Page 10 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X-XXXXX
JACOBS
600108th Avenue NE, Suite 700
Bellevue, Washington 98004
OFFICE BILLING RA TES
Classification
Direct Labor Rate
(DLR)
NTE
Overhead
(103.61%) x DLR
NTE
Fee
(30.00%) x DLR
NTE
Fully Burdened
Billing Rate
NTE
Senior Technical Analyst
$39.10
$40.52
$11.73
$91.35
Senior Structural Disclpllne Specialist
$96.83
$100.33
$29.05
$226.21
Structural Discipline Specialist
$65.77
$68.14
$19.73
$153.64
SUI Practice Leader
$74.97
$77.68
$22.49
$175.15
SUI Investigator
$44.47
$46.08
$13.34
$103.89
Senior Superintendent
$110.40
$114.38
$33.12
$257.90
Superintendent
$85.68
$88.77
$25.70
$200.15
Senior Supervisor
$96.83
$100.33
$29.05
$226.21
Supervisor
$74.97
$77.68
$22.49
$175.15
Senior Survey
$50.71
$52.54
$15.21
$118.46
Survey
$34.22
$35.45
$10.26
$79.93
Systems Administrator
$74.97
$77.68
$22.49
$175.15
Technical Support Supervisor
$50.71
$52.54
$15.21
$118.45
Technical Aide
$44.47
$46.08
$13.34
$103.89
Technical Services Manager
$125.85
$130.39
$37.76
$294.00
Technical Writer/Editor
$65.77
$68.14
$19.73
$153.64
Technician
$44.47
$46.08
$13.34
$103.89
Telecom Technician
$44.47
$46.08
$13.34
$103.89
Telecom Administrator
$74.97
$77.68
$22.49
$175.15
Telecom Construction Manager
$57.68
$59.76
$17.30
$134.74
Telecom Project Manager
$74.97
$77.68
$22.49
$175.15
Senior Toxicology/Risk Assessor
$96.83
$100.33
$29.05
$226.21
Toxicology/Risk Assessor
$57.68
$59.76
$17.30
$134.74
SenlorTraining
$96.83
$100.33
$29.05
$226.21
Training
$57.68
$59.76
$17.30
$134.74
Senior Treatment Plant Operations
$65.77
$68.14
$19.73
$153.64
Treatment Plant Operations
$50.71
$52.54
$15.21
$118.46
Senior Tunnel Engineer
$96.133
$100.33
$29.05
$226.21
Tunnel Engineer
$65.77
$68.14
$19.73
$153.64
Senior Vessel Designer
$85.68
$88.77
$25.70
$200.15
Vessel Designer
$50.71
$52.54
$15.21
$118.46
Senior Vessel Engineer
$96.83
$100.33
$29.05
$226.21
Vessel Engineer
$65.77
$68.14
$19.73
$153.64
Warehouse Material Handler
$23.10
$23.93
$6.93
$53.96
Senior Waste Water Engineer
$96.83
$100.33
$29.05
$226.21
Y-XXXXX EXHIBIT D Page 17 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X-X)D=
JACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
OFFICE BILLING RATES
Classification
Direct Labor Rate
Overhead
Fee
Fully Burdened
(DLR)
(103.61%) x DLR
(30.00%) x DLR
Billing Rate
NTE
NTE
NTE
NTE
Waste Water Engineer
$65.77
$68.14
$19.73
$153.64
Web Developer
$74.97
$77.68
$22.49
$175.15
Word Processor
$39.10
$40.52
$11.73
$91.35
.Zoning & Permitting
57.68
59.76
17.30
134.74
Notes:
Office Billing Rate Multiplier = 1.0(DLR) + 1.0361(Overhead) + 0.3000(Fee) = 2.3361 x DLR
Y-XXXXX EXHIBIT D Page 12 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X -XX)=
JACOBS
600108th Avenue NE, Suite 700
Bellevue, Washington 98004
FIELD GALLING RATES
Direct Labor Rate Overhead Fee Fully Burden,
(DLR) (82.22%) x DLR (30.00°/x) x DLit Billing Rate
NTP NTP NTF UTE
Y-XXXXX EXHIBIT D Page 13 of 24
vux ioresidem:
$171.88
$141.32
$51.56
,ot,ia
Manager of Operations
$133.93
$110.11
$40.18
$284.22
Director of Projects
$133.93
$110.11
$40.18
$284.22
Manager of Projects
$133.93
$110.11
$40.18
$284.22
Principal
$133.93
$110.11
$40.18
$284.22
Program Manager
$133.93
$110.11
$40.18
$284.22
Project Manager
$133.93
$110.11
$40.18
$284.22-
284.22Project
ProjectControls Manager
$89.66
$73.72
$26.90
$190.28
Senior Project Controls
$102.22
$84.04
$30.66
$216.92
Project Controls
$60.90
$50.07
$18.27
$129.23
Budget Analyst
$60.90
$50.07
$18.27
$129.23
Senior Cost Analyst
$102.21
$84.04
$30.66
$216.91
Cost Analyst
$60.90
$50.07
$18.27
$129.23
Senior Cost Engineering
$122.66
$100.85
$36.80
$260.30
Cost Engineering
$73.07
$60.08
$21.92
$155.07
Project Cost Control
$41.17
$33.85
$12.35
$87.38
Senior Estimator
$102.21
$84.04
$30.66
$216.91
Estimator
$60.90
$50.07
$18.27
$129.23
Senior Schedule/Planning
$102.21
$84.04
$30.66
$216.91
Schedule/Planning
$60.90
$50.07
$18.27
$129.23
Senior Document Control
$102.21
$84.04
$30.66
$216.91
Document Control
$46,95
$38.60
$14.08
$99.63
Senior Contract Admin
$102.21
$84.04
$30.66
$216.91
Contract Admin
$60.90
$50.07
$18.27
$129.23
Senior Structural Engineer
$89.66
$73.72
$26.90
$190.28
Structural Engineer
$60.90
$50.07
$18.27
$129.23
Senior Structural Designer
$79.33
$65.23
$23.80
$168.36
Structural Designer
$46.95
$38.60
$14.08
$99.63
Senior Civil Engineer
$89.66
$73.72
$26.90
$190.28
Civil Engineer
$60.90
$50.07
$18.27
$129.23
Senior Civil Designer
$79.33
$65.23
$23.80
$168.36
CSI Designer
$60.90
$50.07
$18.27
$129.23
Senior Control Systems Engineer
$89.66
$73.72
$26.90
$190.28
Y-XXXXX EXHIBIT D Page 13 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X-XXXXX
3ACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
FIELD 5KLDVG RATES
Classification
Direct Labor Rate
Overhead
Fee
Fully Burdened
(DLR)
(82.22%) x DLR
(30.00%) x DLR
Billing Rate
NTE
NTE
NTE
NTE
Control Systems Engineer
$60.90
$50.07
$18.27
$129.23
Senior Control Systems Designer
$79.33
$65.23
$23.80
$168.36
Control Systems Designer
$46.95
$38.60
$14.08
$99.63
Electrical Engineer
$60.90
$50.07
$18.27
$129.23
Electrical Designer
$46.95
$38.60
$14.08
$99.63
Senior Fire Protection Engineer
$89.66
$73.72
$26.90
$190.28
Fire Protection Engineer
$60.90
$50.07
$18.27
$129.23
Senior Fire Protection Designer
$79.33
$65.23
$23.80
$168.36
Fire Protection Designer
$46.95
$38.60
$14.08
$99.53
Senior HVAC Engineer
$89.66
$73.72
$25.90
$190.28
HVAC Engineer
$60.90
$50.07
$18.27
$129.23
Senior HVAC Designer
$79.33
$65.23
$23.80
$168.36
HVAC Designer
$46.95
$38.60
$14.08
$99.53
Senior Life Safety Engineer
$89.66
$73.72
$26.90
$190.28
Life Safety Engineer
$60.90
$50.07
$18.27
$129.23
Senior Life Safety Designer
$79.33
$65.23
$23.80
$168,36
Life Safety Designer
$46.95
$38.60
$14.08
$99.63
Senior Mechanical Engineer
$89.66
$73.72
$26.90
$190.28
Mechanical Engineer
$60.90
$50.07
$18.27
$129.23
Mechanical Designer
$46.95
$38.60
$14.08
$99.53
Senior Plumbing Engineer
$89.66
$73.72
$26.90
$190.28
Plumbing Engineer
$60.90
$50.07
$18.27
$129.23
Senior Plumbing Designer
$79.33
$65.23
$23.80
$168.36
Plumbing Designer
$46.95
$38.60
$14.08
$99.63
Security Engineer
$69.42
$57.08
$20.83
$147.33
Senior Systems Integration Engineer
$89.66
$73.72
$26.90
$190.28
Systems Integration Engineer
$60.90
$50.07
$18.27
$124.23
Senior Systems Integration Designer
$79.33
$65.23
$23.80
$168.36
Systems Integration Designer
$46.95
$38.60
$14.08
$99.63
Systems Specialist
$60.90
$50.07
$18.27
$129.23
Senior Technical Specialist
$89.65
$73.72
$26.90
$190.28
Technical Specialist
$53.41
$43.91
$16.02
$113.34
Senior Traffic Engineer
$89.56
$73.72
$26.90
$190.28
Traffic Engineer
$60.90
$50.07
$18.27
$129.23
Y-XXXXX EXHIBIT D Page 14 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X-XXXXX
JACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
FIELD 6ILLMG RATES
Classification
Direct Labor Rate
(DLR)
NTE
Overhead
(82.22%) x DLR
NTE
Fee
(30.00%) x DLR
NTE
Fully Burdened
Billing Rate
NTE
Senior Voice/Data/Integration Engineer
$89.66
$73.72
$26.90
$190,28
Volce/Data/Integration Engineer
$60.90
$50.07
$18.27
$129.23
Senior Voice/Dato/Integration Designer
$79.33
$65.23
$23.80
$168.36
Voice/Data/Integration Designer
$46.95
$38.60
$14.08
$99.63
Environmental Project Manager
$102.21
$84.04
$30.66
$216.91
Envlronmental/GIS Planner
$60.90
$50.07
$18.27
$129.23
Senior Air Quality Engineer
$89.66
$73.72
$26.90
$190.28
Air Quality Engineer
$60.90
$50.07
$18.27
$129.23
Senior Biologist
$89.66
$73.72
$26.90
$190.28
Biologist
$53.41
$43.91
$16.02
$113.34
Senior Environmental Engineer
$89.66
$73.72
$26.90
$190.28
Environmental Engineer
$60.90
$50.07
$18.27
$129.23
Senior Environmental Scientist
$89.66
$73.72
$26.90
$190.28
Environmental Scientist
$53.41
$43.91
$16.02
$113.34
Senior Envlron - Flood & Drainage Engineer
$89.66
$73.72
$26.90
$190.28
Environ - Flood & Drainage Engineer
$60.90
$50.07
$18.27
$129.23
Senior Environ - Proc & Waste Water Engineer
$89.66
$73.72
$26.90
$190.28
Environ - Proc & Waste Water Engineer
$60.90
$50.07
$18,27
$129.23
Senior Environ - Water Res & Econ Engineer
$89.66
$73.72
$26.90
$190.28
Environ - Water Res & Econ Engineer
$60.90
$50.07
$18.27
$129.23
Senior Consultant
$102,21
$84.04
$30.66
$216.91
Consultant
$69.42
$57.08
$20.83
$147.33
Senior Quality Control Supervisor
$69.42
$57.08
$20.83
$147.33
Senior Quality Control
$79.33
$65.23
$23.80
$168.36
Quality Control
$60.90
$50.07
$18.27
$129.23
Senior Construction Manager
$102.21
$84.04
$30.66
$216.91
Construction Manager
$79.33
$65.23
$23.80
$168.36
Senior Construction Project Manager
$102.21
$84.04
$30.66
$216.91
Construction Project Manager
$79.33
$65.23
$23.80
$168.36
Senior Construction Engineer
$102.21
$84.04
$30.66
$216.91
Construction Engineer
$79.33
$65.23
$23.80
$168.36
Senior Construction Inspector (Field)
$69.42
$57.08
$20,83
$147.33
Construction Inspector (Field)
$53.41
$43.91
$16.02
$113.34
Senior Architect
$102.21
$84.04
$30.66
$216.91
Architect
$60.90
$50.07
$18.27
$129.23
Y-XXXXX EXHIBIT D Page 15 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X -XX)=
JACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 48004
FIELD BILLING RATES
Classification
Direct Labor Rate
(DLR)
NTE
Overhead
(82.229'x) x DLR
NTE
Fee
(30.00%) x DLR
NTE
Fully Burdened
Billing Rate
NTE
Architectural Designer
$46.95
$38.60
$14.08
$99.63
Senior Architectural Interior Designer
$79.33
$65.23
$23.80
$168.36
Architectural Interior Designer
$46.95
$38.60
$14.08
$99.63
Senior Architectural Production
$79.33
$65.23
$23.80
$168.36
Architectural Production
$46.95
$38.60
$14.08
$99.63
Landscape Architect
$46.95
$38.60
$14.08
$99.63
Senior Transportation Planner
$89.66
$73.72
$26.90
$190.28
Transportation Planner
$60.90
$50.07
$18.27
$129.23
Senior Urban Planner
$89.66
$73.72
$26.90
$190.28
Urban planner
$60.90
$50.07
$18.27
$129.23
Senior Planning Designer
$79.33
$65.23
$23.80
$168.36
Planning Designer
$46.95
$38.60
$14.08
$99.63
Senior CADD Technician/Designer
$79.33
$65.23
$23.80
$168.36
CADD Technician/Designer
$60.90
$50.07
$18.27
$129.23
Senior Drafting/GraphicArtist/Designer
$79.33
$65.23
$23.80
$168.36
Drafting/Graphic Artist/Designer
$46.95
$38.60
$14.08
$99.63
Senior Project Coordinator
$79.33
$65.23
$23.80
$168.36
Project Coordinator
$46.95
$38.60
$14.08
$99.63
Senior Project Administrative Assistant
$46.95
$38.60
$14.08
$99.63
Project Administrative Assistant
$31.68
$26.05
$9.50
$67.23
Administrative Assistant
$27.83
$22.88
$8.35
$59.06
Non -Project Administrative Assistant
$46.95
$38.60
$14.08
$99.63
clerical
$21.38
$17.58
$6.42
$45.38
Y-XXXXX EXHIBIT D Page 16 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X-X)O=
JACOBS
600108th Avenue NE, Suite 700
Bellevue, Washington 98004
FIELD BILLING RATES
GassiFcation
b _
Manager of en ineerin
9 9 9
Direct Labor Rate
(DLR)
NTE
$144,64
Overhead
(82.22%) x DLR
NTE
Fee
(30.00%) x DLR
NTE
FuLJ
Billing
$118.93
$4s.sy
:F3ub.9O
Manager of Architecture
$144.64
$118.93
$43.39
$306.96
Executive Project Manager
$144.64
$118.93
$43.39
$306.96
Senior Project Controls Manager
$110.40
$90.77
$33.12
$234.28
Senior Landscape Architect
$85.68
$70.44
$25.70
$181.82
Senior Control Systems Discipline Specialist
$96.83
$79.62
$29.05
$205.50
Control Systems Discipline Specialist
$65.77
$54.08
$19.73
$139.58
Senior Electrical Discipline Specialist
$96.83
$79.62
$29.05
$205.50
Electrical Discipline Specialist
$65.77
$54.08
$19.73
$139.58
Senior Electrical Designer
$85.68
$70.44
$25.70
$181.82
Senior HVAC Discipline Specialist
$96.83
$79.62
$29.05
$205.50
HVAC Discipline Specialist
$65.77
$54.08
$19.73
$139.58
Senior Mechanical Designer
$85.68
$70.44
$25.70
$181.82
Senior Quality Control (Supplier Surveillance)
$85.68
$70.44
$25.70
$181.82
Quality Control (Supplier Surveillance)
$57.68
$47.42
$17.30
$122.41
Senior CADD Engineer
$96.83
$79.62
$29.05
$205.50
CADD Engineer
$74.97
$61.64
$22.49
$159.11
Senior Administrator
$96.83
$79.62
$29.05
$205.50
Administrator
$74.97
$61.64
$22.49
$159.11
Senior Archeologist
$96.83
$79.62
$29.05
$205.50
Archeologist
$57.68
$47.42
$17.30
$122.41
Senior Blotech Specialist
$85.68
$70.44
$25.70
$181.82
Biotech Specialist
$50.71
$41.69
$15.21
$107.62
Building Maintenance
$44.47
$36.56
$13.34
$94.38
Business Manager
$110.40
$90.77
$33.12
$234.28
Business Systems Analyst
$74.97
$61.64
$22.49
$159.11
Senior CAE Systems
$110.40
$90.77
$33.12
$234.28
CAE Systems
$74.97
$61.64
$22.49
$159.11
Senior Chemical Engineer
$96.83
$79.62
$29.05
$205.50
Chemical Engineer
$65.77
$54.08
$19.73
$139.58
Senior Chemist
$96.83
$79.62
$29.05
$205.50
Chemist
$57.68
$47.42
$17.30
$122.41
Senior Civil Discipline Specialist
$96.83
$79.62
$29.05
$205.50
Civil Discipline Specialist
$65.77
$54.08
$19.73
$139.58
Y-XXXXX EXHIBfT D
Page 17 of 24
Kittitas County Public Works
Project TBD
AGREEM ENT X-X)OODf
JACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 48004
FIELD BILLING RA7YS
Classification
Direct Labor Rate
(DLR)
NTE
Overhead
(82.22%) x DLR
NTE
Fee
(30.00%) x DLR
NTE
Fully Burdened
Billing Rate
NTE
Civil Telecom Technician
$34.22
$28.13
$10.26
$72.61
Senior Commissioning Manager
$125.85
$103.47
$37.76
$267.08
Commissioning Manager
$110.40
$90.77
$33.12
$234.28
Senior Commissioning Specialist
$96.83
$79.62
$29.05
$205.50
Commissioning Specialist
$65.77
$54.08
$19.73
$139.58
Computer Operator
$65.77
$54.08
$19.73
$139.58
Senior Coordinator
$96.83
$79.62
$29.05
$205.50
Coordinator
$74.97
$61.64
$22.49
$159.11
Senior Creative Services
$74.97
$61.64
$22.49
$159.11
Creative Services
$57.68
$47.42
$17.30
$122,41
Data Base Administrator
$85.68
$70.44
$25.70
$181.82
Senior Engineering Software & Automation
$96.83
$79.62
$29.05
$205.50
Engineering Software & Automation
$65.77
$54.08
$19.73
$139.58
Senior Enviro-Water & Maritime Engineering
$96.83
$79.62
$29.05
$205.50
Enviro-Water & Maritime Engineering
$65.77
$54.08
$19.73
$139.58
Senior Expediting
$110.40
$90.77
$33.12
$234.28
Expediting
$50.71
$41.69
$15.21
$107.62
Facilities Management
$65.77
$54.08
$19.73
$139.58
Field Administration Services
$110.40
$90.77
$33.22
$234.28
Field Administrator
$44.47
$36.56
$13.34
$94.38
Senior Field Engineer
$110.40
$90.77
$33.12
$234.28
Field Engineer
$74.97
$61.64
$22.49
$159.11
Senior Geochemist
$96.83
$79.62
$29.05
$205.50
Geochemist
$57.68
$47.42
$17.30
$122.41
Geographic Information Systems
$65.77
$54.08
$19.73
$139.58
Senior Geologist
$96.83
$79.62
$29.05
$205.50
Geologist
$57.68
$47.42
$17.30
$122.41
Senior Geotechnical Engineer
$96.83
$79.62
$29.05
$205.50
Geotechnical Engineer
$65.77
$54.08
$19.73
$139.58
Senior Graphic Design leader
$85.68
$70.44
$25.70
$181.82
Graphic Design leader
$50.71
$41.69
$15.21
$107.62
Group Manager
$125.85
$103.47
$37.76
$267.08
Senior Health Physicist
$96.83
$79.62
$29.05
$205.50
Health Physicist
$57.68
$47.42
$17.30
$122.41
Senior Highway and Airports -Airfield Engineer
$96.83
$79.62
$29.05
$205.50
Y-XXXXX EXHIBIT D Page 18 of 24
Y -XX)= EXHIBIT D Page 19 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X-XXX)0C
3ACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
FIELD BILLING RATES
Classification
Direct Labor Rate
Overhead
Fee
Fully Burdened
(DLR)
(82.22%) x DLR
(30.00%) x DLR
Billing Rate
Highway and Airports -Airfield Engineer
NTE
$65.77
NTE
$54.08
NTE
NTE
$19.73
$139.58
Senior Highway and Airports -Airfield Planner
$96.83
$79.62
$29.05
$205.50
Highway and Airports-Airtleld Planner
$65.77
$54.08
$19.73
$139.58
Senior Hydrogeologlst
$96.83
$79.62
$29.05
$205.50
Hydrogeologist
$57.68
$47.42
$17.30
$122.41
Senior Hydrologist
$96.83
$79.62
$29.05
$205.50
Hydrologist
$57.68
$47.42
$17.30
$122.41
Senior Industrial Hyglenist/H&S Specialist
$96.83
$79.62
$29.05
$205.50
Industrial Hygienist/H&,S Specialist
$57.68
$47.42
$17.30
$122.41
Senior Industrial Hygienist
$96.83
$79.62
$29.05
$205.50
Industrial Hygienist
$57.68
$47.42
$17.30
$122.41
Inside Sales Leader
$110.40
$90.77
$33.12
$234.28
Inside Sales Manager
$74.97
$61.64
$22.49
$159.11
Inside Sales Coordinator Regional
$57.68
$47.42
$17.30
$122.41
Inside Sales Coordinator
$50.71
$41.69
$15.21
$107.62
Inside Sales Production Support
$50.71
$41.69
$15.21
$107.62
Senior Instrument and Control Designer
$85.68
$70.44
$25.70
$181.82
Instrument and Control Designer
$50.71
$41.69
$15.21
$107.62
Senior Instrument and Control Engineer
$96.83
$79.62
$29.05
$205.50
Instrument and Control Engineer
$65.77
$54.08
$19.73
$139.58
Senior Interior Design
$96.83
$79.62
$29.05
$205.50
Interior Design
$57.68
$47.42
$17.30
$122.41
Intern - Archltecture
$30.06
$24.71
$9,02
$63.78
Intern - Business
$30.06
$24.71
$9.02
$63.78
Intern - Construction Management
$30.06
$24.71
$9.02
$63.78
Intem - Engineering
$34.22
$28.13
$10.26
$72.61
Intern - Planning
$34.22
$28.13
$10.26
$72.61
Intern - Project Support
$34.22
$28.13
$14.26
$72,61
Senior IT Manager
$125.85
$103.47
$37.76
$267.08
IT Manager
$110.40
$90.77
$33.12
$234.28
IT Project Manager
$96.83
$79.62
$29.05
$205.50
IT Project Lead
$65.77
$54.08
$19.73
$139.58
IT Compliance Spedalist
$74.97
$61.64
$22.49
$159.11
IT Finance Specialist
$65.77
$54.08
$19.73
$139.58
IT Procurement Specialist
$57.68
$47.42
$17.30
$122.41
Y -XX)= EXHIBIT D Page 19 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X -)OD=
JACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
FIELD BILLING RATES
Classification
Direct Labor Rate
(DLR)
NTE
Overhead
(82.22%) x DLR
NTE
Fee
(30.00%) x DLR
NTE
Fully Burdened
Billing Rate
NTE
Senior Laboratory Supervisor
$96.83
$79.62
$29.05
$205.50
Laboratory Supervisor
$57.68
$47.42
$17.30
$122.41
Senior Land Surveyor
$74.97
$61.64
$22.49
$159.11
Land Surveyor
$65.77
$54.08
$19.73
$139.58
Senior Logistics
$110.40
$90.77
$33.12
$234.28
Logistics
$50.71
$41.69
$15.21
$107.62
Maintenance Manager
$85.68
$70.44
$25.70
$181.82
Senior Material Control
$110.40
$90.77
$33.12
$234.28
Material Control
$50.71
$41.69
$15.21
$107.62
Material Transportation
$20.44
$16.80
$6.13
$43.37
Senior Materials Discipline Specialist
$96.83
$79.62
$29.05
$205.50
Materials Discipline Specialist
$65.77
$54.08
$19.73
$139.58
Senior Materials Engineering
$96.63
$79.62
$29.05
$205.50
Materials Engineering
$65.77
$54.08
$19.73
$139.58
Senior Mechanical Discipline Specialist
$96.83
$79.62
$29.05
$205.50
Mechanical Discipline Specialist
$65.77
$54.08
$19.73
$139.58
Senior Mining Engineer
$96.83
$79.62
$29.05
$205.50
Mining Engineer
$65.77
$54.08
$19.73
$139.58
Network Engineer
$74.97
$61.64
$22.49
$159.11
Senior Non -Project Specialist
$30.06
$24.71
$9.02
$63.78
Non -Project Specialist
$26.33
$21.65
$7.90
$55.88
Senior Nuclear Engineer
$96.83
$79.62
$29.05
$205.50
Nuclear Engineer
$65.77
$54.06
$19.73
$139.58
Senior Occupational Health
$96.83
$79.62
$29.135
$205.50
Occupational Health
$74.97
$61.64
$22.49
$159.11
Senior Office Engineer
$65.77
$54.08
$19.73
$139.58
Office Engineer
$57.68
$47.42
$17.30
$122.41
Outside Sales
$144.64
$118.93
$43.39
$306.96
Parks and Recreation Manager
$44.47
$36.56
$13.34
$94.38
Parks Athletics Manager
$34.22
$28.13
$10.26
$72.61
Parks Grounds & Maintenance Manager
$34.22
$28.13
$10.26
$72.61
PC Support Technician
$57.68
$47.42
$17.30
$122.41
Photogrammetrist
$44.47
$36.56
$13.34
$94.38
Senior Pipeline Designer
$85.68
$70.44
$25.70
$181.82
Pipeline Designer
$50.71
$41.69
$15.21
$107.62
Y`XXX X EXHIBIT D
Page 20 of 24
i(ittitas County Public Works
Project TBD
AGREEMENT X -XX)=
JACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
FIELD BILUNGR.4YES
Classification
Direct Labor Rate
Overhead
I Fee
Fully Burdened
(DLR) (62.22%) x DLR
(30.00%) x ALR
Billing Rate
NTE
NTE
NTE
NTE
Senior Pipeline Engineer
$96.83
$79.62
$29.05
$205.50
Pipeline Engineer
$65.77
$54.08
$19.73
$139.58
Senior Piping Designer
$85.68
$70.44
$25.70
$181.82
Piping Designer
$50.71
$41.69
$15.21
$107.62
Senior Piping/MTO Drafting Designer
$85.68
$70.44
$25.70
$181.82
Piping/MTO Drafting Designer
$50.71
$41.69
$15.21
$107.62
Senior Piping Discipline Specialist
$96.83
$79.62
$29.05
$205.50
Piping Discipline Specialist
$65.77
$54.08
$19.73
$139.58
Senior Piping Engineer
$96.83
$79.62
$29.05
$205.50
Piping Engineer
$65.77
$54.08
$19.73
$139.56
Senior Process Architect
$110.40
$90.77
$33.12
$234.28
Process Architect
$65.77
$54.08
$19.73
$139.58
Senior Process Designer
$85.68
$70.44
$25.70
$181.82
Process Designer
$50.71
$41.69
$15.21
$107.62
Senior Process Discipline Specialist
$110.40
$90.77
$33.12
$234.28
Process Discipline Specialist
$65.77
$54.08
$19.73
$139.58
Senior Process Engineer
$110.40
$90.77
$33.12
$234.28
Process Engineer
$65.77
$54.08
$19.73
$139.58
Senior Process Safety Specialist
$65.77
$54.08
$19.73
$139.58
Process Safety Specialist
$50.71
$41.69
$15.21
$107.62
Production Control Analyst
$74.97
$61.64
$22.49
$159.11
Programmer/Analyst
$85.68
$70.44
$25.70
$181.82
Project Architecture
$110.40
$90.77
$33.12
$234.28
Senior Project Designer
$85.68
$70.44
$25.70
$181.82
Project Designer
$50.71
$41.69
$15.21
$107.62
Senior Project Engineer
$85.68
$70.44
$25.70
$181.82
Project Engineer
$74.97
$61.64
$22.49
$159.11
Senior Project Engineer Coordinator
$85.68
$70.44
$25.70
$181.82
Project Engineer Coordinator
$74.97
$61.64
$22.49
$159.11
Project Engineer Manager
$125.85
$103.47
$37.76
$267.08
Senior Project Specialist
$30.06
$24.71
$9.02
$63.78
Project Specialist
$26.33
$21.65
$7.90
$55.88
Public Information
$85.68
$70.44
$25.70
$181.82
Senior QualiPicatlon/Validation Documentation Specialist $85.68
$70.44
$25.70
$181.82
Qualification/Validation Documentation Specialist
$50.71
$41.69
$15.21
$107.62
Y-)00=
EXHIBIT D
Page 21 of 24
Kfttltas County Public Works
Project TBD
AGREEMENT X -)DDDR(
JACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
FIELD BILLING RATES
Classification Direct Labor Rate
(DLR)
NTE
Overhead
(82.22%) x DLR
NTE
Fee
(30.00°/x) x DLR
NTE
Fully Burdened
Billing Rate
NTE
Senior Qualification/Validation Field Specialist $85.68
$70.44
$25.70
$181.82
Qualification/Validation Field Specialist $50.71
$41.69
$15.21
$107.62
Senior Qualification/Validation Engineer $96.83
$79.62
$29.05
$205.50
Qualificatlon/Validation Engineer $65.77
$54.08
$19.73
$139.58
Quality $110.40
$90.77
$33.12
$234,28
Senlor Quality Assurance $74.97
$61.64
$22.49
$159.11
Quality Assurance $65.77
$54.08
$19.73
$139.58
Senior Quantity Surveyor $96.83
$79.62
$29.05
$205.50
Quantity Surveyor $65.77
$54.08
$19.73
$139.58
Senior Radiological Services $96.83
$79.62
$29.05
$205.50
Radiological Services $57.68
$47.42
$17.30
$122.41
Senior Rail -Permanent Way Engineer $96.83
$79.62
$29.05
$205.50
Rail -Permanent Way Engineer $65.77
$54.08
$19.73
$139.58
Senior Rail -Signaling Control Systems Engineer $96.83
$79.62
$29.05
$205.50
Rail -Signaling Control Systems Engineer $65.77
$54.08
$19.73
$139.58
Senior Rail -Systems, RLG STK & OP Engineer $96.83
$79.62
$29.05
$205,59
Rall -Systems, RLG STK & OP Engineer $65.77
$54.08
$19,73
$139.58
Senior Rail -Telecom Engineer $96.83
$79.62
$29.05
$205.50
Rall -Telecom Engineer $65.77
$54.08
$19.73
$139.56
Senior Rail -Traction Power Supply Engineer $96.83
$79.62
$29.05
$205.50
Rail -Traction Power Supply Engineer $65.77
$54.D8
$19.73
$139.58
Receptionist/PBX Operator $26.33
$21.65
$7.90
$55.88
Regional Communications Manager $74.97
$61.64
$22.49
$159.11
Regional Communications $50.71
$41.69
$15.21
$107.62
Senior Regulatory Compliance Specialist $85.68
$70.44
$25.70
$181.$2
Regulatory Compliance Specialist $50.71
$41.69
$15.21
$107.62
Senior Regulatory Specialist $96.83
$79.62
$29.05
$205.50
Regulatory Specialist $57.68
$47.42
$17.30
$122.41
Resident Engineer $74.97
$61.64
$22.49
$159.11
Senior Risk $144.64
$118.93
$43.39
$306.96
Risk $85.68
$70.44
$25.70
$191.82,
Senior Rotating Equipment Engineer $96.83
$79.62
$29.05
$205.50
Rotating Equipment Engineer $65.77
$54.08
$19.73
$139.58
Senior Safety $144.64
$118.93
$43.39
$306.96
Safety $74.97
$61.64
$22.49
$159.11
Y-XXXXX EXHIBIT D Page 22 of 24
Kittitas County Public Works
Project TBD
AGREEMENT X -X1000(
JACOBS
600108th Avenue NE, Suite 700
Bellevue, Washington 98004
FIELD BILLING RATES
Classification
Direct Labor Rate
(DLR)
NTE
Overhead
(82.22°/x) x DLR
NTE
Fee
(30.00%) x DLR
NTE
Fully Burdened
Billing Rate
NTE
Senior Technical Analyst
$39.10
$32.15
$11.73
$82.99
Senior Structural Discipline Specialist
$96.83
$79.62
$29.05
$205.50
Structural Discipline Specialist
$65.77
$54.08
$19.73
$139.58
SUI Practice Leader
$74.97
$61.64
$22.49
$159.11
SUI Investigator
$44.47
$36.56
$13.34
$99.38
Senior Superintendent
$110.40
$90.77
$33.12
$234.28
Superintendent
$85.68
$70.44
$25.70
$1.61.82
Senior Supervisor
$96.83
$79.62
$29.05
$205.50
Supervisor
$74.97
$61.64
$22.49
$159.11
Senior Survey
$50.71
$41.69
$15.21
$107.62
Survey
$34.22
$28.13
$10,26
$72,61
Systems Administrator
$74.97
$61,64
$22.44
$159.11
Technical Support Supervisor
$50.71
$41.69
$15.21
$107,62
Technical Aide
$44.47
$36.56
$13.34
$94.38
Technical Services Manager
$125.85
$103.47
$37.76
$267.08
Technical Writer/Editor
$65.77
$54.08
$19.73
$139.58
Technician
$44.47
$36.56
$13.34
$94.38
Telecom Technlcian
$44.47
$36.56
$13.34
$94.38
Telecom Administrator
$74.97
$61.64
$22.49
$159,11
Telecom Construction Manager
$57.68
$47.42
$17.30
$122.41
Telecom Project Manager
$74.97
$61.64
$22.49
$159.11
Senior Toxicology/Risk Assessor
$96.83
$79.62
$29.05
$205.50
Toxicology/Risk Assessor
$57.68
$47.42
$17.30
$122.41
Senior Training
$96.83
$79.62
$29.05
$205.50
Training
$57.68
$47.42
$17.30
$122.41
Senior Treatment Plant Operations
$65.77
$54.08
$19.73
$139.58
Treatment Plant Operations
$50.71
$41.69
$15.21
$107.62
Senior Tunnel Engineer
$96.83
$79.62
$29.05
$205.50
Tunnel Engineer
$65.77
$54.08
$19.73
$139.58
Senior Vessel Designer
$85.68
$70.44
$25.70
$181.82
Vessel Designer
$50.71
$41.69
$15.21
$107.62
Senior Vessel Engineer
$96.83
$79.62
$29.05
$205.50
Vessel Engineer
$65.77
$54.08
$19.73
$139.58
Warehouse Material Handler
$23.10
$18.99
$6.93
$49.02
Senior Waste Water Engineer
$96.83
$79.62
$29.05
$205.50
Y-XXXXX EXHIBIT D Page 23 of 24
Idttitas County Public Works
Project TBD
AGREEMENT X-)00=
3ACOBS
600 108th Avenue NE, Suite 700
Bellevue, Washington 98004
FIELD BILLMO RATES
Classification
Direct Labor Rate
Overhead
Fee
Fully Burdened
(DLR)
(82.22%) x DLR
(30.00%) x DLR
Billing Rate
NTE
NTE
NTE
NTE
Waste Water Engineer
$65.77
$54.08
$19.73
$139.58
Web Developer
$74.97
$61.64
$22.49
$159.11
Word Processor
$39.10
$32.15
$11.73
$82.99
Zoning & Permitting
57.68
$47.42
117.30
122.41
Notes:
Feld Billing Rate Multiplier = 1.0(DLR) + 0.8222(Overhead) + 0.3000(Fee) = 2.1222 x DLR
Y-XXXXX EXHIBIT D Page 24 of 24
Exhibit E
Sub -consultant Cost Computations
As per the SOQ and conversations with Kittitas County Contracting Officer the following Sub -Consultant
information is attached
Watershed Science and Engineering cost information attached.
Aspect Consulting cost information attached.
Agreement Number: KCPW2017-19ENG1
WSDOT Form 140-089 EF Exhibit E Page 1 of 1
Revised 1013012014
_
-
~11
--WON
As per the SOQ and conversations with Kittitas County Contracting Officer the following Sub -Consultant
information is attached
Watershed Science and Engineering cost information attached.
Aspect Consulting cost information attached.
Agreement Number: KCPW2017-19ENG1
WSDOT Form 140-089 EF Exhibit E Page 1 of 1
Revised 1013012014
Rate
of TWnS�,Vtt1-tjCW,,
Lynn Peterson
Secretary of Transportation
April 26, 2016
Watershed Science & Engineering
110 Prefontaine Place S, Suite 508
Seattle, WA 98104
Subject: Acceptance FYE 2015 ICR — Audit Office Review
Dear Mr. Larry Karpack:
Transportation Building
310 Maple Patk Avenue S.E.
P.O. Box 47300
Olympia. WA 98504-7300
360-705-7000
Tlx: 9-800-838-6388
wwwmsdot wa.gov
Transmitted herewith, is the WSDOT Audit Office's memo of "Acceptance" of your
firm's FYE 2015 Indirect Cost Rate (ICR) of 167.60%. Your ICR acceptance is in
accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate will
be applicable for:
® WSDOT Agreements
® Local Agency Contracts in Washington State only
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7104 or via
email consultantrates@,wsdot.wa.gov.
Regards;
K. JONSON
Manager, Consultant Services Office
EKJ:kms
Acceptance ICR Audit Office Review
AdW
Washington State
�,� Department of Transportation Memorandum
April 25, 201 b
TO: Erik Jonson, Contracting Services Manager
FROM:' Scbatzie Harvey, Agreement Compliance Audit Manager
SUBJECT: Watershed Science & Engineering, Inc. Indirect Cost Rate
for Fiscal .Year Ended December 31, 2015
We have completed our review of the Watershed Science & Engineering, Inc. indirect
Cost Rate for the above referennced fiscal year, We reviewed the documentation
supporting the rate for compliance with criteria contained in the Federal Acquisition
Regulations (FAR), Subpart 31.
Based on our review we are issuing this memo establishing the Watershed Science&
Engineering Indirect Cost Rate for fiscal year ending December 31, 2015, at 167.60°/a of
direct labor. Watershed Science &.Engineering provided a FHWA Certificate of Final
Indirect Costs indicating all costs included in the indirect cost rate schedule comply with
FARs.
Costs billed to agreements will still be subject to audit of actual costs, based on the terms
and conditions of the respective -agreement,
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the Indirect Cost Rate.
If you have any questions, feel free to call me at (3 60) 705-7006, or via email at
Harveysi msdot.wa.gov.
Cc: Steve McKerney
File
DoT Fawn 700-008 @F
Watershed Science & Engineering Inc.
ACTUALS NOT TO EXCEED TABLE (ANTE)
Calendar Years 2017-2019 Kittitas County
WSDOT approved OH and Profit (with Updated WSDOT OH April 2016)
Watershed Science and Engineering Inc.
110 Prefontatne Pi S, Suite 508
Seatile, WA 88104
Ph (206) 521 000
Job Classification
Direct Labor
Overhead @ 167 60%
Fixed Fee @30%
All Inclusive
Law
High
LOW Huh
Low
High
Low
High
Senior Professional
$66.00
$73.00
$110.62 $122.35
$19.80
$21.90
$196.42
$217.25
Senior Engineer!
$55.00
$65.00
$92.18 $108.94
$16.50
$19.50
$163.68
$193.44
Senior Engineer II
$40.00
$48.00
$67.04 $80.45
$12.00
$14.40
$119.04
$142.85
Senior Geomorphologist
$40.00
$48.00
$67.04 $80.45
$12.00
$14.40
$119.04
$142.85
Staff Engineer
$35.00
. $40.00
$58.66 $67.04
$10.50
$12.00
$104.16
$119.04
Junior Engineer
$27.00
$36.00
$45.25 $60.34
$8.10
$10.80
$80.35
$107.14
GIS Specialist
$30.00
$40.00
$50.28 $67.04
$9.00
$12.00
$89.28
$119.04
Technician/Drafter
$20.00
$30.00
$33.52 $50.28
$6.00
$9.00
$59.52
$89.28
Engineering Intern
$15.00
$25.00
$25.14 $41.90
$4.50
$7.50
$44.64
$74.40
Contract Administrator
$30.00
$35.00
$50.28 $58.66
$9.00
$10.50
$89.28
$104.16
Certification of Final Indirect Costs
Firm Name: Watershed Science & Engineering, Ino
Indirect Cost Rate Proposal: 167.so°%
Date of Proposal Preparation (mmlddlyyyy): 4/2242010
Fiscal Period Covered (rnmtddlyyyy to rnmiddlyyyy): 111r2ols-1213112015
L the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates
for tire fiscal period as specified above and to the best of my knowledge and bellaf
I j All costs Included in this proposal to establish flnel indirect cost rates are allowable,in
accordance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48,
Code of Federal Regulations (CPR), pert 31.
2.) This proposal does not include any costs which are expressly uneliowable under the cost
principles of tire FAR of 48 CFR 31,
Allknown material transactions or' events that have occurred affecting the firm's ownership,
organization and indirect cosi rates have been disclosed.
Signature:
Name of Certifying Official* (Print): Larry Karpack
Title: Vice President
Date of Certification (mmlddlyyyy): 4/25/2016
*the "Certifying official" must be an Individual executive or financial officer of the firm at a level
no lower then a Vice President or Chief Financial officer, or equivalent, who has the authority to
represent the financial information utilized to establish the indirect cost rale for use under Agency
contracts.
Ref, FHWA Dirsotive 4470.1A available on line at:
11t#c;l/vvww.fhwa.dei_aaylleasreasldirectiyestorderst44 0a htm
0/1-1 Certificrttion; Nov 2010
Watershed Science and Engineering, Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31, 2015
Page 1 of 2
Financial
Statement
Accepted
Description
Amount
WSE Adj.
WSDOT Adj. Ref.
Amount
Direct Labor (billable and non -billable)
$458,845
$458,845
100.00%
Indirect Costs:
Fringe Benefits
Paid Time Off
$96,148
$96,148
20.95%
Payroll Taxes
62,070
($2,313) L
59,757
13.02%
Health insurance
75,780
75,780
16.52%
401-k Plan Match
27,602
27,602
6.02%
Total Fringe Beneflts
$261,600
$0
($2,313)
$259,287
56.51%
General Overhead
Indirect Labor
.$218,434
($192)
A
$218,242
47.56%
Labor Variance (and Uncompensated OT)
(4,480)
(70)
K
(4,550)
-089%
Incentive Bonus
149,331
(25,050)
B
124,281
27.09%
Rent
52,023
52,023
11.34%
Maintenance & Repair
-
0.00%
Commuting and Parking
6,645
6,645
1.45%
Travel
2,691
2,691
0.59%
Travel - Meals
1,495
1,495
0.33%
Insurance
10,361
10,361
2.26%
Telephone
7,356
7,356
1.60%
Utilities
2,200
2,200
0..48%
Licenses
I,611
1,611
0.35%
Depreciation & Amortization
4,631
4,631
1.01%
Dues & Registrations
5,751
(48)
C
5,704
1.24%
Employee Train/RecruiVNloving
3,757
3,757
0.82%
Advertising
84
(84)
D
-
0.00%
Accounting, Payroll & 401K Services
4,587
4,597
1.000/0
Legal Services
7,250
7,250
1.58%
Computer -
10,686
10,686
2.33%
Supplies & Miscellaneous
815
815
0.18%
Equipment
-
0.00%
Employee Food and Water
1,991
1,991.
0.43%
Employee Entertainment
5,784
(5,784)
E
-
0.00%
Gifts
65
(65)
F
0.00%
Printing and Reproduction
3,331
3,331
0.73%
Books and Periodicals
-
0.00%
Bank Charges (not interest)
250
250
0.05%
Interest and Late Charges
644
(644)
G
-
0.00%
Postage, Shipping, Delivery
188
188
0.04x/,
B&O Tax
41,815
41,815
9.11%
Income Tax
(4,839)
4,839
H
-
0,0(}%
Property Tax
1,096
1.,096
0,24%
Page 1 of 2
Watershed Science and Engineering, Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31, 2015
Watershed Science and Engineering, Inc- - Reviewed & Afccepted - 4/2W2016 DJA
"Indirect Cosi Rate stili subject to W.SDOT Au(Ut"
References
WSE Adjustments:
A Unallowable advertising labor costs removed, including salary overhead per 48 CFR 31.205-1
B Excess Compensation unallowable per 48 CFR 31.205-6(p)(3)(ii)
C Unallowable lobbying costs removed per 48 CFR 31.205-22
D Public relations and advertising unallowable per 48 CFR 31,205-1.
E Entertainment unallowable per 48 CFR 31.205-14.
F Csifts unallowable per 48 CFR 31.205-13(b)
G Interest unallowable per 48 CFR 31,205-20.
H Income taxes unallowable per 48 CFR 31.201-4
I Penalties and fines unallowable per 48 CFR 31.205-15(a)
J Charitable contributions unallowable per 48 CFR 31.205-8.
K Firm reconciling labor adjustment per 48 CFR 31.20I-4.
WSDOT Acllustments:
L Directly associated payroll costs related to unallowable advertising and excess compensation
= $2,313 unallowable per 48 CFR 31,201-6(a)
Page 2 of 2
FInanclal
Statement
Accepted
Description
Amount WSE Adj.
WSDOT Adj. Ref.
-Amount
Penalties & Fines
Business Development
Charitable Donations
Total General Overhead
4 (4)
1,260
22,987 (22,987)
$559,805 _ ($50,088)
1
' J
$0
-
1,260
-
$509,717
0.070/.
0.27%
0.00%
111.09%
Total Indirect Costs & Overhead
$821,405 ($50,088)
($2,313)
$769,004
167.60%
Indirect Cast Rate
179.02% 168.10%
167.60%
Watershed Science and Engineering, Inc- - Reviewed & Afccepted - 4/2W2016 DJA
"Indirect Cosi Rate stili subject to W.SDOT Au(Ut"
References
WSE Adjustments:
A Unallowable advertising labor costs removed, including salary overhead per 48 CFR 31.205-1
B Excess Compensation unallowable per 48 CFR 31.205-6(p)(3)(ii)
C Unallowable lobbying costs removed per 48 CFR 31.205-22
D Public relations and advertising unallowable per 48 CFR 31,205-1.
E Entertainment unallowable per 48 CFR 31.205-14.
F Csifts unallowable per 48 CFR 31.205-13(b)
G Interest unallowable per 48 CFR 31,205-20.
H Income taxes unallowable per 48 CFR 31.201-4
I Penalties and fines unallowable per 48 CFR 31.205-15(a)
J Charitable contributions unallowable per 48 CFR 31.205-8.
K Firm reconciling labor adjustment per 48 CFR 31.20I-4.
WSDOT Acllustments:
L Directly associated payroll costs related to unallowable advertising and excess compensation
= $2,313 unallowable per 48 CFR 31,201-6(a)
Page 2 of 2
Lynn Petfrsors
5e,rataiy of Transpnnation
July 18, 2016
Aspect Consulting, LLC
350 Madison Avenue N
Bainbridge Island, WA 98110
Subject: Acceptance FYE 2015 ICR — CPA Report
Dear Ms. Trish Klimek:
Ti an ipartation BuIL*ng
340 K, pie Parc AvenuE 51.
Pp, Box 47300
Otympia. WA 98504-7300
$ 0-706-7M,
TTY. 1-800-&3r,-6-388
trw.a.vrsdt t.wa.gov
We have accepted your firms FYE 2015 Indirect Cost Rate (ICR) of 199.36% based
on the "Independent CPA Report," prepared in accordance with Part 31 of the FAR, by
CPA Consulting, Inc.. Your ICR acceptance is in accordance with 23 CFR 172.7 and
must be updated on an annual basis. This rate may be subject to additional review if
considered necessary by WSDOT and will be applicable for:
® WSDOT Agreements
® Local Agency Contracts in Washington State only
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the ICR,
If you have any questions, feel free to contact our office at (360) 705-7104 or via
email consultantrates(a)wsdot.wa.goy.
Regards;
1EIK kJONSON
Manager, Consultant Services Office
EKJ:kms
Acceptance ICR CPA Report
r
�% Washington
DState
epartment of Transportation
:July 15, 2016
TO: Erik Jonson, Contracting Services Manager
FROM: Jeri Sivert os�n, Assistaut Audit Director
SUBJECT: Aspect Consulting, LLC. Indirect Cost Rate for
Fiscal Year Mided December 31, 2015
Memorandum
We accept the audit work performed by CPA Consulting, Inc. related to Aspect
Consulting, LLC.'s Indirect Cost Rate forthe above referenced fiscal year. CPA
Consulting audited the Aspect Consulting indirect costs for compliance with Federal
Acquisition Regulations (FAR), Subpart 31. Our office did not review their audit work.
Based on our acceptance of the CPA's audit, we are issuing this Menlo establishing the
Aspect Consulting, LLC. Indirect Cost Rate for fiscal year ending December 31, 2015 at
199.36% of direct labor (rate- includes 0,40% FCCM).
Costs billed to agreements will still be subject to audit of actual costs, based on the temis
and conditions of the respective :agreement.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the Indirect Cost Rate.
If you have any questions, feel free to call me at (360) 705-7006, or via email at
harve s wsdot.wa. ov.
Attachment
co: Steve McKerney
File
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Certification of Final Indirect Costs
Firm N;amo: Aspecl Consulling, LLC
Indirect Cost bale Proposal; isa,36%
Date of Proposal Preparation (mmlddlyyyy): 12mv xis
Fiscal Period Covered (mmldd/yyyy to mmlddlyyyy): Jan. 1, 2015 to December 31. 2015
1. the underslgned, certify that l have reviewed the proposal to establish final indirect cost rates
for the fiscal perlod as specified above and to the best of my knowledge end belief.•
1.) All Posts included in this proposal to establish final Indirect cost rates are allowable in
accordance with the cost principles or the Federal Acquisition Regulations (FAR) of fills 48,
Code of Federal Regulations (CFR), part 31.
2.) 7 -his proposal does not Include any costs which are expressly unallowable under the cost
principles of Me FAR of 48 CFR 31.
All known material transactions or events that have occurred affecting the firm's ownership,
organization and Indirect cost rates have been disclosed.
Signature:
Name of Certifying Official` (Print): Trish Klimek
Title: Director or Firm Operations
Date of Certification (mmlddlyyyy): o612212o16
"The "Certifying Official° must be an individual executive or financial officer of the Firm at a level
no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to
represent the financial Information utilized to establish the indirect cost rale for use under Agency
contracts.
Ref. FHWA Directive 4470AA available on line at:
1111 :/! ww,lhNra.dol- ovtle sreas/direc(lves orders/447(ila.him
O/Fl Certifictition: Nov 2010
ASPECT CONSULTING, LLC
STATEMENT OF DIRECT LABOR, FRINGE BENEFFPS AND GENERAL OVERREAT)
DECE4IBER31, 2015
13eneral Ledger.
Portion
Proposed
Peroent of
Balance
Unallowable
FAR Reference
Auditad Total
Direct Labor
D=Ci LABOR
S 2,783,429
2,783,4,29
FRINGE BENEIM
Additionaloomponsadon
2,245,015
(1,077,966)
A,E 31.205.6(a),(f),(p)
1,167,D49
Qualified retirement plans
29I,313
291,313
Vacation, sick eadholiday
510,252
5I0,252
Payroll f8AS
735,694_
(36,875
B,C,D 31.205-3,6(g),{q7j
6981819
3,787.,274
(1,114,841)
2,667,433
95.83%
GENERAL OVERMAD '
Administrative mimics
1,357,878
(105,599)
P 31.205-I(f)(1)
1,252,279
Proposal and business development labor
361,744
(212)
F 31.205-1(0(1)
361,532
Equipment net billed
(65,684)
(15,209)
T 31.201-46(d)
(80,893)
Rent and facility
465,065
(52,748)
U 3I.205 -36(b)(3)
412,317
7gaveI,meals andentffWnment
86,990
(56,I17)
M,Q 31.205-13,14
30,873
Adverkang and business development
35,182
(35,182)
I 31.205-1,22
Donations
22,637
(22,637)
7 31.205-8
Supplies
222,163
(9,095)
H 31.205-13
2I3,068
Outside profea lanal servic=
259,413
(69,153)
IC, L 31.205-41(b),27
190,260
Campterand telepb9ne
115,130
-
115,130 -
Professional dues and employee training
100,976
(11000)
U 31,205-l(f)(7)
99,976
Depreciation, amortization, gain on sale
172,023
(3,039)
N 31.20519
168,984
fimumnce
80,747
(12,040)
0 3120519(c)(2)(v)
69,707
Taxes end braes
235,203
(744)
R 31.205-15(a)
234,459
Uncompensated overtime
(197,117)
-
(197,117)
Other interestexpemse
8,189
(8,189)
S 31.205-20
3,26p,S39
(38-9964]
2,8702575
103.13%
Total Fringe Benefits and i3eaeral Overhead
I 7,042,813
$ 1 504,805
S5,538,008
198.96%
FadlltfesCapitalCost afAkney
$ 11,19E
See a=mpan3d4 no fes.
3
STATEMENT OF I)MECT LABOR, FRINGE BENEFITS RAND G :NEI AL LVE ORHEAD
DECEMBER 31, 2015
FAR References;
A Unallowable return on investment
B Taxes related to unallowable labor costs
C i'smployee commuting benefit
D Unallowable labor adjustmentfrom prior yews
E Excess executive compensation and discretionary portion of performance bonus
F Labor associated with unaliowablebusiness development activities
Q Unallowable related party rent expense
H Unallowable empleyee gifts and entertainment cost (employee snacks)
I Unallowable advertising and lobbying expense
J Contributions
K Federal income tax preparation fees
L Unallowable legal fees for reorganization of the Company
M Unallowable meals
N Amortizatlon of goodwill
O Officer life insurance expenses
P Unallowable public relations labor casts
Q Travel casts that exceed government per them rates
R Unallowable penalties for late tax payments
S Unallowable interest on financed owner unit purchase notes
T No support for company vermin personal use of vehicles
U Costs of memberships in civic and community organizations
See accompanying notes
3
NOTE E: FACILITIES CAPITAL COST OF MONEY (FCCM)
The Facilities Capital Cost of Money rate has been calculated in accordance with FAR Section 31,205-
10; using average net book values of equipment and facilities multiplied by the average Treasury rates
for the applicable period, as shown:
Beginning net capital assets, January 1, 2015
$ 477,54$
Ending net capital assets, December 31, 2015
517,168
Average Net Capital Assets
497,358
Average Treasury Rate
2.250%
Facilities Cost of Money
$ 11,189
Direct Labor Base
$ 2,783,429
FCCM Rate
0.402%
NOTE F: AUDITOR CONTACT
The person to contact relative to this engagement is:
Kristine L. Tryon
CPA Consulting, Inc., P.S.
Phone: (425) 401-5061
hJ
Exhibit F
Title Vl Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
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 of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions
as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States. Agreement Number: KCPW2017-19ENG1
WSDOT Form 140-089 EF Exhibit F Page 1 of 1
Revised 10/30/2014
Exhibit G
Certification Documents
Exhibit G -1(a) Certification of Consultant
Exhibit G -1(b) Certification of Kittitas County Deptartrnent of 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: KCPW2017-19ENV
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G -1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
Jacobs Engineering Group, Inc
whose address is
600 108th Avenue NE, Bellevue, WA 98004
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 Kittitas County Department of 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.
Jacobs Engineering Group Inc.
Consultant (Firm Name)
Signature (Authorized Official of Consultant)
INSDOT Form 140-089 EF Exhibit G
Revised 10130/2014
_ d1 /f7
Date
Agreement Number: KCPW 2017 - 2019
Page 1 of 1
Exhibit G -1(b) Certification of Kittitas County Department of Public Works
I hereby certify that I am the:
0 Kittitas County Engineer
❑ Other
of the Kittitas County Department of Public Works , and Jacobs Engineering Group, Inc
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 Kittitas County Department of 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.
Signature
WSDOT Form 140-089 EF Exhibit G
Revised 10/30/2014
Date
Agreement Number. KCPW2017-19ENV
Page 1 of 1
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.
Jacobs Engineering Group Inc.
Consultant (Firm Name)
C�� n4 J -
Signature (Authorized Official of Consultant)
Gl /7
Date
Agreement Number: KCPW2017-19ENV
WSDOT Form 140-089 EF Exhibit G Page 1 of 7
Revised 10/30/2014
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:
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.
Jacobs Engineering Group Inc.
Consultant (Firm Name)
�c)vy�oj
Signature (Authorized Official of Consultant)
WSDOT Form 940-089 EF Exhibit G
Revised 90/30/2094
!,� 01 /C7
Date
Agreement Number: KCPW2017-19ENV
Page 9 of 9
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 Jacobs engineering Group Inc. * are accurate, complete, and current
as of August 3, 2016 *�
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: Jacobs engineering Group Inc.
Signature
Date of Execution***:
Jacobs Operations Manager
Title
*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: KCPW2017-19ENG1
WSDOT Form 140-089 EF Exhibit G Page 4 of 4
Revised 4013012014
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $ NIA
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $ NIA
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $ NIA
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
NIA
Agreement Number: KCPW2017-19ENG1
WSDOT Form 140-089 EF Exhibit H Page 1 of 9
Revised 1013012014
Exhibit 1
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work, photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number: KCPW2017-19ENG1
WSDOT Form 140-089 EF Exhibit I Page 1 of 2
Revised 10/30/2014
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number: KCPW2017-19ENG1
WSDOT Form 140-089 EF Exhibit 1 Page 2 of 2
Revised 70/30/2014
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Agreement Number: KCPW2017-19ENG1
WSDOT Form 140-089 EF Exhibit J Page 1 of 2
Revised 10/30/2014
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;
i 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;
i Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number: KCPW2017-19ENG1
WSDOT Form 140-089 EF Exhibit J Page 2 of 2
Revised 10/30/2014