Steve Rader, Commissioner District 1
Steven L. Ferrell, Commissioner District 2
Richard R. Dahl, Commissioner District 3
Kelly Grayson, Clerk of the Board
Regular Public Meeting
March 25 , 202 5 , 9:00 a.m.
Board Meeting Convenes at 9:00 a.m.
Invocation by Invitation
Pledge of Allegiance
Minutes of March 17-19, 2025
Consent Agenda of March 25, 2025
Public Comments
Citizen Participation may be anonymous. See RCW 42.30.040
Proclamations
1. Proclamation declaring April 2025 as Fair Housing Month in Cowlitz County.
Consent Agenda
Call for Bids
2. Call for Bids for the Garlock Road Delameter Creek Fish Passage Project to replace the concrete box culvert at milepost 0.72 with a 55-foot-span steel arch culvert scheduled for April 21, 2025, at 1:30 p.m.
Agreements/Contracts/Bid Awards
3. Local Agency Consultant Agreement with PBS Engineering and Environmental LLC, an Apex Company, to perform civil, structural, geotechnical, hydrologic and hydraulic engineering, and environmental services for the Delameter Road Culvert Replacement Project. The total cost will not exceed $843,071.
Regular Public Meeting
March 25, 2025, 9:00 a.m.
Board Correspondence
4. Letters/Notices
a. Federal Energy Regulatory Commission (FERC) Notice regarding the Merwin Dam Safety Inspection Report.
5. Executed Contracts/Agreements/Resolutions/Letters
a. Affidavit of Posting Resume for the month of February 2025.
Vouchers
The following vouchers/warrants are approved for payment.
6. Voucher Ratification for Drainage Improvement District No. 1 ratified payments of the expenses incurred in December 2024 for $3,709.42.
7. Voucher Ratification for Drainage Improvement District No. 1 ratified payments of the expenses incurred in January 2025 for $24,758.24. Fund Voucher Numbers
$ 3,674,739.67
Board of Health – 10:00 a.m.
10AM - Call Meeting to Order
Old / Unfinished Business
New Business
o H.H.S. PSA Contest Winner Announcement
o Other WA State County Recent Resolutions
Public Comment Period
o Citizen Participation may be anonymous. See RCW 42.30.040
Executive Session (as needed)
Adjourn Meeting
Regular Public Meeting
March 25, 2025, 9:00 a.m.
Updates
Chairman Updates
Upcoming Events:
Wednesday, April 2nd @ 2:30 p.m. – Rural Public Facilities Applications
Wednesday, April 9th @ 2:30 p.m. – Housing Opportunities of Southwest WA
Wednesday, April 16th @ 2:30 p.m. – Rural Public Facilities Presentations
Wednesday, April 23rd @ 2:30 p.m. – Department of Fish & Wildlife
Wednesday, April 30th @ 2:30 p.m. – Department of Ecology
Meeting Cancellations:
Wednesday, March 26th – No quorum
Citizen Comments – Citizen participation may be anonymous. See RCW 42.30.040
RCW 42.30.040 - Conditions of attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing. Note: Written comments may be sent to the Board at any time. For oral presentations, the Board may set a time for comments and speakers.
All matters listed with the Consent Agenda were previously distributed to each Board Member for reading and study, were available for public viewing, are considered items of regular County business, and will be approved, without separate discussion, by one motion of the Board of County Commissioners. An item may be removed from the Consent Agenda and placed on the Regular Agenda for separate discussion and voting at the request of any Board Member.
The Board of Commissioners may add and take action on other items not listed on this Agenda.
Agenda Online Address: https://www.co.cowlitz.wa.us/535/Agendas Regular-Public-Meetings
ZOOM Invitation Address (for all meeting days): o https://us06web.zoom.us/j/82019613917
KLTV Live Feed Address: http://www.kltv.org
BOCC Agenda
Meeting Date: 03/25/2025
Proclamation for Fair Housing Month April 2025
Submitted For: Kelly Grayson, Clerk of the Board
Submitted By: Kelly Grayson, Clerk of the Board
Department: Commissioners Office
Subject and Summary Statement
Information
Proclamation declaring April 2025 as Fair Housing Month in Cowlitz County.
Will Staff Attend - NAME OF STAFF
Department Recommendation
Proclamation
Form Started By: Kelly Grayson
Attachments
Form Review
Started On: 03/17/2025 04:18 PM Final Approval Date: 03/17/2025
PROCLAMATION
BEFORE THE BOARD OF COMMISSIONERS OF COWLITZ COUNTY, WA
In the Matter of declaring April 2025 ) As Fair Housing Month in Cowlitz )
Resolution:______________ County )
WHEREAS On April 11, 1968 the Fair Housing Act was enacted into law, recognizing that no American should have their right to purchase or rent shelter of choice abridged because of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. .
WHEREAS Cowlitz County is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all; and
WHEREAS equality of opportunity for all is a fundamental policy of this nation and our state and our community; and
WHEREAS the location that people live has a direct impact on the quality of their health, education, and access to economic opportunities; and
WHEREAS Discriminatory housing practices create racial and economic segregation in communities that can lead to disparate outcomes in overall quality of life; and
WHEREAS Cowlitz County believes that access to fair housing laws have made our communities stronger and more vibrant in Washington State; and
WHEREAS we are committed to programs that will help educate the public about the right to equal housing in the State of Washington; and
WHEREAS we are committed to promoting housing choices and fostering inclusive communities free from housing discrimination
NOW THEREFORE, BE IT RESOLVED, that Cowlitz County celebrate and Proclaim the Month of April 2025 as Fair Housing Month and thank the many people in our communities who aspire to open the doors of opportunity of housing to all people free from any discrimination.
Board of County Commissioners Of Cowlitz County, Washington
ATTEST:
Kelly Grayson, Clerk of the Board
Richard R. Dahl, Chairman
Steve Rader, Commissioner
Steven L. Ferrell, Commissioner
BOCC Agenda
Meeting Date: 03/25/2025
CALL FOR BIDS - Garlock Road Delameter Creek Fish Passage Project 1779
Submitted For: Susan Eugenis, Public Works
Submitted By: Lynn Ruffe, Public Works Department: Public Works
Information
Subject and Summary Statement
Attached is County Road Project No. 764 for the Garlock Road Delameter Creek Fish Passage Project. The project will replace the concrete box culvert at milepost 0.72 with a 55-foot span steel arch culvert. The project will receive state funds from the Brian Abbott Fish Barrier Removal Board for 85% of engineering and construction costs.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
At this time staff is requesting authorization for Construction in the approximate amount of $2,068,000.
Fiscal Impact
Expenditure Required $: 2,068,000
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds - What Dept ? : Roads
Grant Y-N:
Call for Bids
Notice to Contractors
Vicinity Map CRP 764
Inbox
Roger Maurer
Susan Eugenis
Lynn Ruffe
Roger Maurer
Susan Eugenis
Mike Moss, Public Works
Form Started By: Lynn Ruffe
Attachments
Form Review
Reviewed By Date
Roger Maurer 03/19/2025 07:59 AM
Lynn Ruffe 03/19/2025 08:31 AM
Roger Maurer 03/19/2025 11:17 AM
Susan Eugenis 03/20/2025 10:09 AM
Mike Moss 03/20/2025 12:45 PM
Started On: 03/18/2025 11:59 AM
CALL FOR BIDS
The Board of County Commissioners of Cowlitz County, Washington will receive sealed bids until April 21, 2025, prior to 1:30 p.m. , for the following work: GARLOCK ROAD DELAMETER CREEK FISH PASSAGE PROJECT
Work performed under this contract consists of the following:
Clearing and grubbing, installation of temporary stream diversion, shoring, excavation, removal of existing concrete box culvert, steel pile driving, reinforced concrete pile caps and wingwalls, installation of a 55-foot span steel structural plate arch culvert, roadway reconstruction, streambed reconstruction, installation of salvaged logs, seeding and mulching, plantings, and associated work.
At that time all bids will be publicly opened and read in the Public Works Administration Building Training Room. Bids must be addressed to:
Cowlitz County Department of Public Works
Attn: County Engineer 1600 13th Avenue South Kelso WA 98626
Project bid documents (Plans, specifications, addenda, bid documents, bidders list and plan holders list) for this project are available online for inspection during the bidding period through the Builders Exchange of Washington (BXWA) website at www.bxwa.com. Click on Posted Projects, then Public Works, then Cowlitz County and then Projects Bidding. These documents are available for viewing, downloading and printing on your own equipment free of charge. This service is provided to Prime Bidders, Subcontractors, and Vendors bidding on this project. Bidders will need to “Register as a Bidder” through the BXWA in order to receive automatic e-mail notification of future addenda and to be placed on the Bidders List. Bidders should contact Builder’s Exchange of Washington at (425) 258-1303 for questions regarding access or registration.
It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on the BXWA web site at www.bxwa.com. Cowlitz County accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and thereby submit inadequate or incomplete responses.
Cowlitz County will not provide paper copies of the Project bid documents for this project for bidding purposes. A copy of the plans and specifications may be reviewed at the office of the Clerk of the Board of County Commissioners.
All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier’s check, or surety bond in an amount equal to five percent (5%) of the amount of such
bid proposal. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to Cowlitz County.
All documents received in response to this invitation to bid will become a matter of public record and subject to the Washington public disclosure act under chapter 42.56 RCW.
Cowlitz County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
The Board reserves the right to reject any and all bids and to waive any immaterial irregularities or informalities in any bid or in the bidding.
DATED this ________ day of _______________, 2025.
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
Richard R. Dahl, Chairman
Steve Rader, Commissioner
Steven L. Ferrell, Commissioner
ATTEST:
Kelly Grayson, Clerk of the Board
NOTICE TO CONTRACTORS CALL FOR BIDS
The Board of County Commissioners of Cowlitz County, Washington will receive sealed bids until April 21, 2025, prior to 1:30 p.m., for the following work: GARLOCK ROA D DELAMETER CREEK FISH PASSAGE PROJECT.
Work performed under this contract consists of the following:
Clearing and grubbing, installation of temporary stream diversion, shoring, excavation, removal of existing contract box culvert, steel pile driving, rei nforced concrete pile caps and wingwalls, installation of a 55 -foot span steel structural plate arch culvert, roadway reconstruction, streambed reconstruction, installation of salvaged logs, seeding and mulching, plantings, and associated work.
At that time all bids will be publicly opened and read in the Public Works Administration Building Training Room. Bids must be addressed to:
Cowlitz County Department of Public Works
Attn: County Engineer 1600 13 th Avenue South Kelso WA 98626
Project bid documents (Plans, specifications, addenda, bid documents, bidders list and plan holders list) for this project are available online for inspection during the bidding period through the Builders Exchange of Washington (BXWA) website at www.bxwa.com. Click on Posted Projects, then Public Works, then Cowlitz County and then Projects Bidding. These documents are available for viewing, downloading and printing on your own equipment free of charge. This service is provided to Prime Bidders, Subcontractors, and Vendors bidding on this project. Bidders will need to “Register as a Bidder” through the BXWA in order to receive automatic e-mail notification of future addenda and to be placed on the Bidders List. Bidders should contact Builder’s Exchange of W ashington at (425) 258-1303 for questions regarding access or registration.
It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on the BXWA web site at www.bxwa.com. Cowlitz County accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and thereby submit inadequate or incomplete responses.
Cowlitz County will not provide paper copies of the Project bid documents for this project for bidding purposes. A copy of the plans and specifications may be reviewed at the office of the Clerk of the Board of County Commissioners.
All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier’s check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such con tract and furnish
satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to Cowlitz County.
All documents received in response to this invitation to bid will become a matter of public record and subject to the Washington public disclosure act under chapter 42.56 RCW.
Cowlitz County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d -4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pu rsuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in considerati on for an award.
The Board reserves the right to reject any and all bids and to waive any immaterial irregularities or informalities in any bid or in the bidding.
DATED this 25th day of March, 2025.
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
PUBLISHED:
PUBLICATION REQUIREMENT: To be publ ished in two prior to April 16 , 2025.
BILLING INFORMATION:
1) AFFIDAVIT TO: Cowlitz County Commissioners
A n: Clerk of the Board
2) BILL TO:
Cowlitz County Department of Public Works
P.O. 01013 1600 – 13th Avenue South Kelso, WA 98626
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
In the Matter of Initiating a County Road Project Designated as C.R.P. No. 764 ; Project No. 1779 IT IS HEREBY RESOLVED THAT GARLOCK ROAD, State Road Log No. 23200 from Milepost 0.67 to Milepost 0.77 be improved as provided below: ) Arterial ( )
Replace existing undersized culvert . ) Collector ( ) ) Access ( X )
This project is hereby declared to be a public necessity and the County Road Engineer is hereby ordered and authorized to report and proceed thereon as by law provided. (RCW 36.75.050, 36.80.030, 36.80.070)
IT IS FURTHER RESOLVED THAT an appropriation from the officially adopted road fund budget and based on the County Engineer's estimate is hereby made in the amounts and for the purposes shown:
PURPOSE AMOUNT OF
Contributions from Other Funds
430,6 00.00
(X) This project is included in the officially adopted annual road program as Item 7. ( ) The project is hereby made a part of the officially adopted annual road program in accordance with RCW 36.81.130.
IT IS FURTHER RESOLVED THAT:
(X ) The construction is to be accomplished by contract in accordance with RCW 36.77.020. et.seq. ( ) The construction is to be accomplished by county forces in accordance with RCW 36.77.060 and WAC 136 -18.
ADOPTED this ______ day of _________________, 20 25.
BOARD OF COUNTY COMMISSIONERS ATTEST: OF COWLITZ COUNTY, WASHINGTON
Kelly Grayson
Clerk of the Board
Richard R. Dahl, Chairman
Steve Rader, Commissioner
Steven L. Ferrell, Commissioner
BOCC Agenda
Meeting Date: 03/25/2025
AGREEMENT - Delameter Road Culvert Replacement Project - PBS Engineering & Environmental LLC
Submitted For: Susan Eugenis, Public Works
Submitted By: Lynn Ruffe, Public Works Department: Public Works
Information
Subject and Summary Statement
Attached is a Local Agency Consultant Agreement with PBS Engineering and Environmental LLC, an Apex Company, to perform civil, structural, geotechnical, hydrologic and hydraulic engineering, and environmental services for the Delameter Road Culvert Replacement Project in an amount not to exceed $843,071. This agreement is set to expire on March 31, 2027. The total estimated cost of the project is $6,800,000, which is funded 100% from FHWA’s Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Formula Program funding.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
It is the recommendation from the Department of Public Works that the Board move to approve the Local Agency Consulting Agreement for the Delameter Road Culvert Replacement Project and authorize the agreement to be executed.
Fiscal Impact
Expenditure Required $: 843,071
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds - What Dept ? : Roads
Grant Y-N:
Agreement
Inbox
Roger Maurer
Lynn Ruffe
Roger Maurer
Lynn Ruffe
Roger Maurer
Susan Eugenis
Mike Moss, Public Works
Form Started By: Lynn Ruffe
Attachments
Form Review
Reviewed By Date
Lynn Ruffe
03/19/2025 08:03 AM
Lynn Ruffe 03/19/2025 09:29 AM
Roger Maurer 03/19/2025 11:18 AM
Susan Eugenis 03/20/2025 10:09 AM
Mike Moss 03/20/2025 12:45 PM
Started On: 03/18/2025 04:24 PM
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Firm/Organization Legal Name (do not use dba’s):
Engineering and Environmental LLC, an Apex Company 1325 Tech Center Dr, #140, Vancouver, WA 98683
March 31, 2027
Delameter Road Culvert Replacement Project
Provide engineering and environmental services to design the replacement structures for two concrete box culverts on Delameter Road (M.P. 4.10 and M.P. 4.42) in Cowlitz County including technical investigations, engineering design, and environmental permitting.
This agreement may be supplemented to include work in future phases, RW, CN.
Index of Exhibits
Exhibit I
Exhibit J Scope of Work DBE P articipation
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub-consultant Cost Computations
Title VI Assurances
Alleged Consultant Design Error Procedures
Procedures
843,071.00
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the _________________________________________________________________, hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington.
Cowlitz County
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT.
In the absence of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C –Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be w ithout 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) c ertified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY: If to CONSULTANT:
Name:
Agency:
Susan Eugenis
Cowlitz County Dept of Public Works
Address:
1600 13th Avenue South
City: State: Zip:
Email:
Phone:
EugenisS@cowlitzwa.gov
Facsimile:
360-577-3030 x6538 Kelso 360-636-0845 WA 98626
IV. Time for Beginning and Completion
Name:
Agency:
Hod Wells
Address:
City: State: Zip:
Email:
Phone:
PBS Engineering and Environmental LLC 1325 Tech Center Drive, Suite 140 Vancouver WA 98683
Hod.Wells@pbsusa.com 503-417-7723
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.
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 R ates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period.
The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee.
A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT.
B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.
C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and billings for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.
D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings
E. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s Project Manager.
VI. Sub-Contracting
The AGENCY permits subcontracts for those items of S ERVICES 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 b y this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified i n each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be memorialized in a final written acknowledgment between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this agreement. 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:
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 AGE NCY 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.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located.
XII. Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tie , or any other persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub- consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’, officers and employees’ failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, emplo yees, subconsultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW.
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 subconsultant 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 noncontributory 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:
Agency:
Address:
Susan Eugenis
Cowlitz County Department of Public Works
1600 13th Avenue South
City: State: Zip:
Email:
Phone:
Facsimile:
Kelso WA 98626
EugenisS@cowlitzwa.gov
360-577-3030 x6538
360-636-0845
No cancellation of the foregoing policies shall be effective without thirty (30) da ys prior n otice 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.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3)other affected terms and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,” under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, th e CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them.
XV. Federal Review
The Federal Highway A dministration 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 AGREEMENTS over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENTS over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Requirements” prior to its performance of any SERVICES under this AGREEMENT.
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof.
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, subconsultants 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.
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 proprietar y 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 subconsultants’ 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.
Project No.
Scope of Services
Cowlitz County, WA – Project # 1901; CRP No. 814
Federal Air Project No. PROTECT-U081(004)
WSDOT Project Number #WA-15889
Delameter Road over Delameter Creek Fish Passage Barrier Removal – Final Design Services Between Cowlitz County and PBS Engineering and Environmental LLC
INTRODUCTION AND BACKGROUND
PBS Engineering and Environmental LLC (PBS or Consultant) and their Consultant team have been selected by the Cowlitz County Department of Public Works (County) to provide services outlined below pertaining to the design, permitting, and PS&E up to Final design level for the Delameter Road over Delameter Creek Fish Passage Barrier Removal Project. The project involves two existing concrete box culverts on Delameter Road, North Culvert at milepost 4.10 and South Culvert at milepost 4.42).
The project team currently includes:
PBS, prime consultant
Northwest Watersheds (NWW), Hydraulics and Hydrology, Stormwater and Stream modeling (DBE firm)
Delve Underground, Geotechnical engineering
Stell Environmental Enterprises, cultural resources (DBE firm)
OVERALL PROJECT ASSUMPTIONS
The preferred alternative will be selected by end of May 2025.
The 30% Design will be completed by end of August 2025.
Project design, permitting, and ROW acquisition is anticipated to be completed by March 2026.
No known or likely potential hazardous substances have been identified for the project sites hence hazardous materials reporting is not included in this scope of work.
As a culvert replacement project, the roadway capacity is unlikely to be increased and as such this project will be exempt from submitting a noise report.
It is presumed that this project will qualify for Fish Habitat Enhancement Hydraulic Project Approval (HPA) and as a result no local permitting (SEPA determination or Critical Areas permit, etc) will be required.
Bridge construction is assumed to be completed utilizing a temporary shoofly supporting traffic and additional alternatives for phased construction of bridge while maintaining traffic is not anticipated
The project is presumed to be approved under Regional Road Maintenance Program hence no biological assessment will be required.
Stormwater management reporting and design are not anticipated for this project and are therefore excluded from this scope of work.
The County will provide traffic control and flagging during the geotechnical drilling.
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The County will provide review and comments to the consultant within a three-week period following milestone submittals.
The County will provide any applicable as-built information and existing AutoCad and/or Microstation basemapping files available to assist design progression.
Unless noted otherwise, all deliverables noted in this scope of work are assumed to be electronic work products delivered electronically. Format will be appropriate to the work product (e.g., PDF, AutoCAD, Excel).
SCOPE OF WORK
The Consultant proposes the following scope of work for the Delameter Road over Delameter Creek Fish Passage Barrier Removal Project including two sites: North and South. The scope of work is based on a 12month project duration, starting in April 2025 and ending March 2026. This duration is contingent upon the County’s critical path tasks, including survey and right-of-way (ROW).
It is understood that, in addition to survey services, the County will also handle right-of-way tasks and Construction Management (CM) for this project. While PBS does not offer in-house right-of-way services, we can, if needed and with sufficient notice, engage qualified subconsultants to provide these services for an additional fee. PBS does have in-house CM capabilities and can support the County with these tasks upon request, also at an additional fee.
Task 1. Project Management, Coordination, and Administration—PBS
This task covers project management work associated with executing the project and includes the following:
Manage the project schedule
Manage project risks
Handle project communications
Manage project team members
Interact with stakeholders
Manage the scope and project budget
This task includes a project schedule, project status updates, coordination of subconsultant invoicing, and a monthly project billing report.
Phase 101. Contract Administration
The Consultant shall prepare and submit monthly invoices. Each invoice will include: date period covered by invoice, number of hours worked during the billing period with billing rates shown; expenses and associated mark-ups; total cost for labor and expenses for the billing period; subconsultant fees for the billing period; and a total amount summarizing labor, expenses, and subconsultant fees.
The Consultant will prepare an Invoice Summary Report to accompany the monthly invoices. The Invoice Summary Report will list scope task, invoice amount, invoiced to date, remaining budget, and percent complete. The Consultant will also include a summary progress report that indicates the highlight of professional services performed in the billing cycle, milestones completed, and list of issues.
The Consultant will maintain required contract documentation and upon request will provide copies of project files and records to the County for audits and public information requests.
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Deliverables
Monthly invoices, Invoice Summary Reports
Phase 102. Meetings
This item includes the coordination and meetings necessary to complete the project. The Consultant shall:
Prepare for and attend a 1-hour project kickoff meeting with County staff via Teams, including up to five Consultant team staff (PM/Structures Lead, Civil Lead, WSDOT Local Program Liaison, Environmental Permitting Lead, and Hydraulics/Hydrology Lead).
Up to 7 Teams meetings (County and Consultant, one-hour duration) at Conceptual Design, 30%, 60%, and 90% design milestones, plus 3 additional meetings as needed.
Up to 10 internal PBS design team coordination meetings (one-hour duration). Consultant team discipline leads will attend meetings only as needed.
Deliverables
Meeting agendas and meeting summaries for County meetings
Assumptions
PBS Project Manager and four discipline leads will attend the kick-off and milestone County and Consultant meetings.
PBS Project Manager and one other discipline lead will attend the three additional meetings between the Consultant and County.
PBS Project Manager will attend all internal PBS design team coordination meetings, and other discipline leads will attend on an as-needed basis.
Phase 103.
Management, Coordination, and Direction
The Consultant shall:
Provide management, coordination, and direction to the project team in order to complete the project on time and within budget.
Establish a quality management program and designate responsibility for review of technical work and other deliverable products.
Prepare and maintain project design schedule. The schedule shall identify Consultant and County tasks and items provided by County and other consultants. The schedule shall be updated as circumstances require or as requested by the County (assumes 1 update).
Prepare and maintain project issues and decision log
Keep summary notes of coordination efforts and provide to the County if requested
Maintain project issues and decisions log
Deliverables
Project schedule and (1) schedule update
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Assumptions
Single schedule update with this scope of work
Phase 104. WSDOT LP Coordination
The Consultant shall provide WSDOT Local Programs (LP) coordination for the project to ensure the project follows the current WSDOT LP and Federal guidelines including:
Coordinate with WSDOT LP and prepare documentation related to Consultant’s scope to obtain authorization to advertise the project for bid.
Coordinate with the County and WSDOT LP on approval of any proposed design deviations.
The budget developed for this task is based on an assumed level of effort of approximately 50 hours for PBS design engineering staff. If additional support is needed by the County, additional fee may need to be included in future amendments.
Phase 105. Coordinated Site Visit
To facilitate a comprehensive review of the project site and constraints, the Project Manager (also structures lead), along with Environmental Permitting Lead, Geotechnical Lead, Hydraulics & Hydrology Lead and Civil Lead will participate in the Consultant team’s coordinated site visit with the County’s representatives.
Assumptions
Consultant will perform one coordinated site visit for a total of 3 hours on-site per staff attending.
The Project Manager/Structures Lead, Environmental Permitting Lead, and Civil Lead from PBS will attend the site visit. Additionally, the Geotechnical Lead and the Hydraulics & Hydrology Lead from the subconsultants will participate, with their involvement accounted for under the corresponding service tasks.
The site visit will occur during normal working hours, with County representatives providing necessary access to the site.
No subsurface exploration or specialized testing will be conducted during this visit; those activities will be planned separately.
Weather conditions will allow safe access to the site for all attendees.
Deliverables
Site visit summary memorandum
Phase
106. Quality Training
The purpose of this Phase is to establish and maintain a robust Quality Program for the project. The Consultant will ensure the following actions are completed:
1. Verification of Subconsultant Quality Programs
Confirm that all Subconsultants have an acceptable Quality Program in place.
Require Subconsultants without their own program to adopt PBS’ Design Quality Procedures.
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2. Internal Quality Training
Provide a mandatory one-hour quality training session for all PBS team members involved in the project.
Ensure training focuses on project-specific quality requirements, emphasizing adherence to established standards and procedures.
Deliverables
None
Task 2. Survey and Preliminary Base Map—County
It is acknowledged that the County shall take the lead for this task that covers land surveying and mapping. The Consultant’s involvement shall be limited to providing survey extents to the County, following the initial Hydrology and Hydraulics (H&H) site visit as outlined in “Coordinated Site Visit” task.
Phase 201. Project Control, Right-of-Way/Property L ine Resolution and Topographic Survey
The County will prepare a topographic survey that will include the survey limits as established in the coordinated site visit. Upon completion of the survey, County will prepare a topographic base map showing mapped features collected from both survey and as-built plans. An existing surface model will be developed, reflecting collected topographic survey. The County will:
Conduct a field survey traverse between nearby survey reference monuments as needed to determine the property and ROW lines within the mapping area for incorporation with the topographic map.
A 1-foot contour interval topographic mapping of the requested area will be created (0.01ft accuracy), which will depend on findings from the initial H&H site visit and the applicability of existing hydraulic model inputs performed by others, such as the FEMA model. If electronic copies of the existing FEMA model are available and considered accurate, then survey extents may only include the crossing at Delameter Road and upstream and downstream cross sections required for hydraulic model inputs. If existing hydraulic models are not available, then the survey will need to extend downstream and upstream of Delameter Creek as requested by the Consultant’s Hydraulic and Hydrology lead.
The survey will map the location and elevation of all significant observable features such as paved areas, structures, retaining walls, fences, visible utility covers, water courses, trees over 6-inch diameter, overhead utilities, etc. The utilities within the public ROW will be located using the one-call locates number. The utility locate marks will be picked up and included in the survey map.
The locations of the wetland flags and ordinary high water flags will be recorded and incorporated into the basemap.
Provide interior detailing (invert elevation, pipe size, material, and direction) of flow lines within accessible storm and sanitary sewer structures in the full width mapping area.
Field mapping will be referenced to the NAD 83 horizontal datum and NAVD 88 vertical datum (preferred by most agencies) based on ties to nearby government agency survey control monuments and elevation benchmarks.
The results of the field mapping will be digitally drafted using AutoCAD at an appropriate scale in conformance with Cowlitz County CAD standards. The ROW and property lines will be provided in a separate AutoCAD file.
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This task also includes preparation of legal descriptions and exhibit documents as determined by the team.
Assumptions
If needed, the County will acquire title reports for any mapped property.
Potholing of utilities will be performed by the County if needed by the Consulting team (for example if as-built drawings do not include this information).
Deliverables
Surface model (.xml format)
Existing conditions base map (Autodesk Civil3D .dwg and electronic .pdf format) including topographic map developed by a licensed professional land surve yor, as well as a courtesy PDF
Property photos
Title reports (electronic .pdf format) – as needed for the project
Pothole information of existing underground utilities if needed
Phase 202. Coordinated Site Visit
To facilitate a comprehensive review of the project site and constraints, the County’s surveying lead for this project will participate in the team’s coordinated site visit.
Assumptions
The site visit will occur during normal working hours.
Weather conditions will allow safe access to the site for all attendees.
Task 3. Environmental Review and Documentation
PBS will complete environmental documents that will support local, state, and federal permitting and approvals required for the project. The tasks anticipated for this project are described in the sections below.
Phase 301. Cultural Resources
The cultural resource study for the project will be done to meet Section 106 of the National Historic Preservation Act as the project will be funded by the Federal Highway Administration (FHWA) through WSDOT. The cultural resource study will also provide information needed for the County’s SEPA submittal if needed. The standards and guidelines developed by the Washington State Department of Archaeology and Historic Preservation (DAHP) will be followed.
The following are the main tasks likely to be needed for this project.
Prepare the draft Area of Potential Effect (APE) description for the County.
Conduct an archaeological pedestrian survey of the APE and excavate shovel tests in areas where the land is intact or an archaeological resource is likely. Archaeological resources will need to be delineated.
Geotechnical test pits outside of the road prism will be monitored by an archaeologist. Geotechnical probes within the road prism will not need an archaeological monitor.
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Summarize the findings in a survey report for the County and for WSDOT review.
Recommend a Finding of Effect based on the possible impacts or recommend additional evaluation phase study.
If resources cannot be avoided, additional effort to evaluate them may be needed. Resource evaluation would be a second phase of the study.
Contingency: Inventory up to 10 historic-period buildings and structures that are crossed by the APE at the request of WSDOT or DAHP.
Area of Potential Effect (APE)
The APE will need to be determined, summarized, and submitted to WSDOT for review. WSDOT will submit the APE description document to DAHP and Tribes, and the DAHP will need to approve the design of the APE before the archaeological survey can begin. Stell will work with the County and WSDOT cultural resource staff to prepare the APE submittal to WSDOT. The APE will need to include all areas of possible ground disturbance. The consultant will need a map of the project area and confirmation of the locations and dimensions of the impact areas, as well as a description of the project, for the APE submittal.
The consultant has reviewed the previous studies in the project APE to identify areas that have been adequately surveyed previously for archaeological resources and to identify previously recorded archaeological and historic resources. No archaeological resources have been previously recorded or documented within or near the project and the project area has not been subjected to previous archaeological survey. The project will avoid impacting those parcels with buildings or structures constructed more than 45 years ago within or adjacent to the project APE.
Archaeological Monitoring
Geotechnical test pits may be excavated in locations that are not exempt from archaeological review and will require monitoring. Geotechnical borings within the road prism are exempt from archaeological monitoring. An archaeological monitoring and inadvertent discovery plan will be prepared prior to the start of geotechnical work. An email summary will be provided to the project team upon completion of monitoring, and the results will be included in the cultural resource survey report.
Archeological Field Survey
Once the APE has been approved and the background review is done, and after permission from private landowners has been obtained, the archaeological pedestrian survey will be conducted. The archaeological survey will consist of an archaeologist walking along the corridor on both sides of the street to determine if artifacts are present and whether the APE has been previously disturbed; and shovel testing where needed to confirm a significant site is not likely present. Areas that appear to have intact native soils may be noted as high probability areas for shovel testing.
Areas where an archaeological site is considered likely but the visibility of the native soils is poor may be recommended for shovel testing. If artifacts are found during shovel testing, they will not be collected but will be documented, and a site form will be prepared. Shovel tests will be excavated to meet the County’s archaeological ordinance and the DAHP’s standards and guidelines. They will be excavated 30 centimeters at the surface at least 50 centimeters deep, and soils will be screened using ⅛-inch mesh hardware cloth.
Up to 20 shovel tests may be excavated.
Up to 1 archaeological resource may be identified and documented.
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Historic Resource Review
Stell will use publicly available records to identify historic-period buildings and structures—those constructed more than 45 years ago—that are overlapped by the p roject APE. Stell will summarize the results of the records review in the cultural resource survey report. No field inventory or evaluation will be conducted as part of the base tasks.
Report and Resource Documentation
The archaeological survey (including both the pedestrian survey and shovel testing), a summary of geotechnical monitoring results, and a summary of potential historic resources will be presented in the cultural resource survey report. The report will include recommendations for additional work, such as testing and evaluation of resources, that may be needed. Recommendations will be coordinated with the project team. A preliminary evaluation of each identified archaeological resource’s eligibility for listing in the National Register of Historic Places will be provided.
The draft report will be submitted to the County for review. After the County's approval, WSDOT staff will review the draft report. Once approved, WSDOT will submit the report to the DAHP and Tribes for review and concurrence.
Assumptions
The consultant will prepare the APE submittal in coordination with the design team.
No areas will be added to the APE described above, and no revised APE submittals will be needed.
A background review of the previous studies conduct ed in the vicinity will precede the fieldwork.
Two 10-hour days of geotechnical monitoring are assumed, including both monitoring and travel time.
The archaeological fieldwork will include a pedestrian survey for all of the APE except impenetrable areas or areas where no permission has been obtained.
Up to 25 shovel tests will be excavated at high probability areas that have not been previously surveyed. Shovel tests will also be used to delineate resource boundaries. Tests will be 30 centimeters in diameter, excavated to 50 centimeters where possible. Soils will be screened using ⅛-inch mesh hardware cloth. No artifacts will be collected.
Up to one archaeological resource may be documented
Stell will identify potential historic resources based on publicly available records and provide a summary in the cultural resource survey report. No field documentation will be conducted. If WSDOT or DAHP requests a historic resource inventory, a scope and budget modification would be required
The draft report will be finalized for WSDOT’s submittal to DAHP and Tribes after review of the draft and acceptance by the County and WSDOT.
Exclusions
If resources are found that appear to be eligible for listing in the National Register of Historic Places, and if impacts or adverse effects cannot be avoided, additional study may be needed.
Areas outside of the original APE described above may need survey and would be beyond the current scope of work.
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Deliverables
Area of Potential Effect (APE) description; the County will submit the APE request to WSDOT
Archaeological monitoring and Inadvertent Discovery Plan
Emailed summary of monitoring results
Cultural Resources report
Phase 302. Wetlands and Waters Delineation
A qualified biologist will perform a review of publicly available information regarding environmental conditions in the vicinity of the project area. The purpose of this review is to identify areas that may be subject to regulation by the U.S. Army Corps of Engineers (USACE), Washington State department of Ecology (Ecology), or Washington Department of Fish and Wildlife (WDFW).
PBS will delineate wetlands using the guidance presented in the Corps of Engineers Wetlands Delineation Manual and the methods of the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). Field data will be collected on standardized wetland determination data forms. The ordinary high water mark (OHWM) will be delineated using the guidance presented in the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (Final National OHWM Manual) and Determining the Ordinary High Water Mark for Shorel ine Management Act Compliance in Washington State. Sample plot locations, photograph locations, and wetland/water boundaries will be flagged with alpha-numerically labeled flags. Flag locations will be professionally surveyed by the County.
A wetland and stream assessment report will be prepared that includes sections detailing site conditions, methods used to delineate wetlands, description of on-site soils and water, and findings that include wetland classification and ratings. Wetland ratings will be determined for each delineated wetland using the Washington State Wetland Rating System for Western Washington.
Assumption
The County will obtain all required rights-of-entry
Routine methodology can be used to delineate on-sit e wetlands.
Field efforts for the delineation of streams and wetlands will be limited to publicly accessible areas (or areas for which the County has obtained right-of-entry) within 100 feet of the culvert.
Fieldwork to perform the on-site wetland and OHWM delineation can be completed within 8 field hours.
Access to the site and site conditions will not prevent work from being completed in the allotted time
The County will provide any existing stream habitat survey data applicable to the project reach.
Deliverable
Consultant will provide a Draft Wetland and Stream Assessment Report, in electronic format, to county staff for review and comment.
Consultant will provide a Final Wetland and Stream Assessment report, in electronic format, to County.
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Consultant will provide electronic data for wetland boundaries as a shapefile or other acceptable format.
Phase 303. NEPA Documentation and Approval
The Consultant will complete the NEPA CE Documentation Form and compile the NEPA environmental documentation in accordance with Chapter 24 of the LAG Manual, NEPA Categorical Exclusions – A Guidebook for Local Agencies, other appropriate WSDOT and/or Federal Highway Administration (FHWA) guidance documents. Information regarding the type of documentation and content that is currently anticipated necessary to assess the environmental effects of the project appropriately is shown in Table 1. Table 1 lists which discipline areas will be addressed through the CE Documentation Form, those that will likely require additional technical analysis and documentation, and the team member responsible for each element.
Table 1. NEPA Environmental Elements and Proposed Documentation
NEPA ECS Environmental Elements Proposed
Air Quality
Critical & Sensitive Areas
Cultural Resources/Historic Structures
Floodplains and Floodways
Hazardous and Problem Waste
Noise
Parks, Recreation Areas, Wildlife Refuges, Section 4(f)/6(f), etc.
Agricultural Lands
Rivers, Streams, or Tidal Waters
Tribal Lands
CE Documentation Form
Wetland & Stream Assessment Report, Sole Source Aquifer Checklist, Mitigation Bank Use Plan
Cultural Resources Assessment Report
Hydraulics & Hydrology Tech Memo
CE Documentation Form
CE Documentation Form
CE Documentation Form
CE Documentation Form
CE Documentation Form
CE Documentation Form
Water Quality/Stormwater Stormwater Report
Previous Environmental Commitments
Environmental Justice
Endangered Species Act Compliance
CE Documentation Form
Demographic Data
No effect letter/RRMP Documentation
Northwest Watersheds
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Assumptions
NEPA documentation is assumed to be a documented CE
The preparation of an environmental assessment (EA) or environmental impact statement (EIS) is excluded.
Document preparation will begin upon the selection of a preferred alternative.
A hazardous materials corridor study will not be required.
A noise study will not be required.
No 4(f) or 6(f) properties will be impacted.
Project is eligible for the RRMP 4(d) Program.
Deliverables
Consultant will provide Draft CE Documentation Form and supporting documents, in electronic format, to County Staff for review and comment.
Consultant will provide Final CE Documentation Form and supporting documents, in electronic format, to County.
Task 304. Section 404 Permit and Section 401 Water Quality Certification
PBS will prepare a Joint Aquatic Resources Permit Application (JARPA) for submittal to the U.S. Army Corps of Engineers (Corps), Washington State Department of Ecology (Ecology), and other regulatory agencies as required. PBS will track review of the JARPA with the Corps and other agencies.
Assumptions
The project will be permitted using one or more nationwide permits.
County will submit Pre-Application Meeting Request to Ecology.
The Section 401 Water Quality Certification for the nationwide permit is pre-certified, and no request for certification will be required by Ecology.
Deliverables
Consultant will provide a Draft JARPA, in electronic format, to County staff for review and comment.
Consultant will provide a Final JARPA, in electronic format, to County and agencies.
Task 305. Hydraulic Project Approval
PBS will submit an application to the Washington Department of Fish and Wildlife (WDFW) to obtain a fish habitat enhancement hydraulic project approval (HPA). Either the JARPA form will be submitted electronically to WDFW or an application will be submitted via the WDFW APPS program. Required plans and other documentation will be submitted with the application to demonstrate compliance with the WDFW design criteria.
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Assumptions
The project qualifies for a fish habitat enhancement HPA.
Deliverables
Consultant will provide a Draft JARPA or other application, in electronic format, to County staff for review and comment.
Consultant will provide a Final JARPA or other application, in electronic format, to County and WDFW.
Task 306. Mitigation Bank Use Plan
PBS will prepare a mitigation bank use plan to support purchase of mitigation bank credits from the Coweeman River Mitigation Bank for offsetting impacts to wetlands. The plan will be prepared in accordance with Using Credits from Wetland Mitigation Banks: Guidance to Permit Applicants on Submittal Contents for Bank Use Plans (Interagency Review Team 2022).
Assumptions
Impacts to wetlands can be mitigated by purchasing mitigation bank credits. Credits will be available for use at Coweeman River Mitigation Bank. A mitigation plan and permittee-responsible mitigation will not be required.
Deliverables
Consultant will provide a draft mitigation bank use plan, in electronic format, to County staff for review and comment.
Consultant will provide a final mitigation bank use plan, in electronic format, to County.
Task 4. Geotechnical Engineering—Delve Underground
Phase
401. Literature Review
Geologic and hazard mapping of the site area and previous nearby explorations will be reviewed for information regarding subsurface conditions at the site and provide geotechnical input for the alternative selection and develop a geotechnical investigation plan.
Assumptions
Geotechnical input for alternative selection will be based on literature review if alternative selection takes place before geotechnical investigation is performed.
Deliverables
Summary of existing data to be provided in geotechnical design report.
Geotechnical input for alternative selection, by memo if needed in advance of geotechnical design report.
Phase 402. Coordinated Site Visit
To facilitate a comprehensive review of the project site and constraints, the task lead will participate in the consultant team’s coordinated site visit with the County’s representatives.
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Assumptions
Consultant’s geotechnical engineering lead will attend one coordinated site visit for a total of 4 hours. The site visit will occur during normal working hours, with County representatives providing necessary access to the site.
No subsurface exploration or specialized testing will be conducted during this visit; those activities will be planned separately.
Weather conditions will allow safe access to the site for all attendees.
Phase 403. Geotechnical Investigation
This Phase includes conducting geotechnical field explorations and laboratory testing to assess the subsurface conditions at the site. The results of the explorations will be used to provide geotechnical recommendations for the design and construction of the project. This Phase will include:
Site Reconnaissance: Prior to the geotechnical investigation, we will visit the site and mark the locations of the proposed borings.
Utility Locates: We will contact the Washington Utilities Notification Center to mark the locations of public utilities at the site.
Geotechnical Borings: We will advance four borings at the project site to a depth of 75 feet below the road surface or practical refusal. The borings termination depth will be adjusted based on the actual subsurface conditions encountered during the exploration. Soil samples will be collected using splitspoon sampler in conjunction with Standard Penetration Test (SPT). Relatively undisturbed samples will be collected if soft, fine-grained soil is encountered. If bedrock is encountered HQ rock coring will be utilized to assess a maximum of 15-feet of bedrock before termination. The borings will be backfilled with bentonite to 2 feet below the surface. The pavements section will be restored to its original condition.
Laboratory Testing: Laboratory index tests will be completed on soils samples collected from the borings. The tests will include natural moisture content (ASTM D2216), fines content (ASTM D1140), Atterberg limits (ASTM D4318). If rock is encountered, we will perform unconfined compressive strength test on selected samples.
Assumptions
Permits for drilling in right-of-way, if required, will be provided by the County.
The explorations do not include environmental assessments, and the site is assumed to be “clean” regarding contaminated and hazardous materials.
We have assumed $4,000 for flagging and traffic control. If the County provides flagging services, we will deduct this amount from our cost estimate.
Private utility locates will not be required.
No groundwater monitoring instruments will be insta lled.
No shear wave velocity testing will be required.
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Deliverables
Boring logs and test data to be provided in the Geotechnical Engineering Report.
Phase 404. Geotechnical Analyses and Reporting
This task includes geotechnical evaluation, design parameters and recommendations for the proposed project including:
Based on geotechnical investigation data, liquefaction triggering analyses, seismic site class and spectra will be developed using AASHTO recommendations.
Recommendations and geotechnical parameters for the design of deep foundations and walls and/or culverts.
Develop subsurface geotechnical profile.
Assumptions
Site will not require site specific site response analysis (Site Class will fall into Site Class A to D). If the site is found to be liquefiable, then additional scope will be needed for shear wave velocity measurements and site-specific one-dimensional site response analyses.
The structural team will be responsible for pile design for lateral and vertical loading. Delve Underground will provide LPile parameters and allowable pile capacities for pile types provided by the structural team.
Dewatering designs will not be required. If dewatering is required, then additional scope will be needed for that design.
Recommendations and parameters for retaining wall design will be provided if needed. The design will be completed by structural team .
Assume there will be comments on the Geotechnical Engineering Report with the 30%, 60% and 90% submittals. Comment responses will be provided and report will be updated for next design deliverable.
Deliverable
Geotechnical Engineering Report will be developed to provide geotechnical data and recommendation.
Phase 405. Geotechnical Review of Design Documents
This task includes reviewing 30%, 60%, 90%, and Final Design plans and specifications to confirm they are consistent with geotechnical recommendations.
Assumptions
WSDOT Standard specifications will be used. The geotechnical team will not be responsible for any design drawings.
Deliverables
Input on any special provisions required
Comments on drawings and special provisions
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Phase 406. Quality Control (QC)
Perform QC reviews of all deliverables noted in this task.
Deliverables
Quality documents upon request
Task
5. Hydraulics And Hydrology—Northwest Watersheds
Phase 501. Data Collection/Review and Coordinated Site Investigations
Prior to the site investigation, the Consultant will work with County staff to capitalize on existing data and information that will be necessary to efficiently perform the hydrologic and hydraulic analysis, supporting the project design. Existing information includes, but is not limited to: existing topographic survey data/surfaces, aerial photos, inspection records, as-built plans, geotechnical reports, and anecdotal information on past flood events.
The coordinated site investigations have two elements; Design/Permitting discussions and physical site investigations. The design/permitting site discussion will include the project team walking the two sites and discussing observed issues related to the site conditions associated with design opportunities and challenges, as well as understanding the permitting issues associated with the existing and proposed site elements
The physical site investigations will take place on the same day as the design/permitting discussions. The efforts associated with the physical site investigation will include:
Identify survey needs for hydraulics and design purposes. Key locations to be surveyed will be flagged to support the hydraulic analysis and water crossing design
Identify visible and potential hydraulic or physical constraints
Identify and collect appropriate data in reference reach or other design reach to support the Stream Simulation design approach
Collect at least three representative bankfull widths
Review site geomorphology to support the design process.
Collect three Wolman pebble counts at each of the sites, including one at the crossing itself and one upstream and downstream of the crossing.
Record observations for scour assessment
Budget assumes 1 site visit with cover data collection for both sites. Including travel time, the effort will be approximately 12 hours long, by 3 Northwest Watersheds staff.
The findings from the field investigation will be documented in a field report delivered to the project team. Following a review of the field report by the team, a design workshop will be conducted to discuss the design approach and potential challenges for design, permitting, and construction.
Phase 502. Hydrologic Analysis
The Consultant will establish Delameter Creek streamflows ranging from low flow to high flow conditions. If Cowlitz County has existing hydrologic models for Delameter Creek as determined in Phase 501, the existing
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County model will be used to estimate the 2-, 10-, 25-, 100-, and 500-year peak flows for the two sites along Delameter Creek.
If existing modeling is not available an MGSFlood model will be used to estimate the needed streamflows. If the MGSFlood modeling approach is used, the estimated peaks will be validated to the appropriate US Geological Survey (USGS) Regional Regression Equations.
The 2080 projected 100-year peak flow will be determined by applying the WDFW projection tool to account for potential future climate change and used for evaluating the proposed design for climate resiliency
Phase 503. Hydraulic Analysis
The consultant will develop SRH-2D models for each of the Delameter Creek crossing sites that cover the vicinity of the existing crossings, the extents of channel regrading, and the extents of potential proposed inchannel restoration design. These models will be used to perform hydraulic analyses of the creek systems for existing conditions and support the design process and the final proposed condition. The hydraulic analyses will include:
Determination of channel roughness appropriate for modeling and design,
Developing an existing conditions model for each site,
Developing a proposed condition model to support the hydraulic characteristics of proposed structure and channel alterations.
Evaluating hydraulic conditions and proposed structure performance over a range of flows (the 2, 100, and 500-year).
Support the Scour Analysis (Phase 506)
Providing support for the Zero-Rise analysis of the proposed structures in support of the floodplain ordinance requirements.
Phase 504. Fish Passage and Stream Design
The Consultant will develop water crossing stream designs based on the Stream Simulation approach as presented in the WDFW Water Crossing Design Guidelines (2013). Provide design inputs, including stream alignment, typical sections, bankfull widths, profiles, streambed substrate, bank/channel stabilization elements, habitat feature elements (if required), and other pertinent criteria to meet County and WDFW design criteria.
Phase 505. Scour Analysis and Countermeasures
Northwest Watersheds will conduct a scour analysis at each site following FHWA and WSDOT guidelines to support the design of any necessary scour countermeasures. The analysis will include evaluating long-term degradation potential (Phase 50X), contraction scour and abutment scour, as well as any additional local scour elements (as applicable). The scour analysis will be conducted using the SRH-2D proposed conditions model at each site. The SRH-2d models will also support the design requirement for scour countermeasures.
Phase 506. Hydraulic Memorandum
For each site, the results of the hydraulic, hydrologic, and scour analyses will be summarized in a brief (5 to 10 page) Hydraulic Memorandum. This memo will document in bullet point and tabular format the field findings hydrology and hydraulics of the site, basis of the stream simulation design, streambed design, support the Zero-Rise certification, and any bank protection and scour countermeasures that may be needed. Northwest
Cowlitz County
Delameter Road Culvert Replacement Project
February 2025
Page 17 of 31
Watersheds will prepare a draft version that is submitted for review. Comments on the draft will be incorporated into the final document.
Assumptions
New fish passable structure will be designed and sized to meet the requirements of WDFW Water Crossing Design Guidelines (2013) for stream simulation.
The coordinated site investigation will include the design team, county, and permitting agencies.
Hydrologic data will be derived from existing HSPF modeling (if available for Delameter Creek) supplemented by existing data and regional regression equations. If the HSPF model is not available, an MGSFlood model will be developed.
Hydraulic analyses will be used to support the selection of a preferred alternative for the final design.
A habitat feature layout will be provided to the County for review in support of potential permitting requirements.
This scope does not include a detailed flood hazard analysis for adjacent properties other than the Zero-rise analysis. If such analysis is required, additional scope and fee will be developed to provide this information. The No-rise analysis will be documented in the Hydraulic Memorandum.
Due to the limited project impact area, no WSDOT or County stormwater mitigations will be required.
Northwest Watersheds assumes that for each deliverable identified herein, there will be one draft submittal and one final submittal unless otherwise specified. If additional review cycles are required a scope and budget amendment may be required.
All documents will be produced electronically and d elivered via email, unless otherwise specified.
Comments on submittals will be consolidated by the COUNTY before being transmitted to Northwest Watersheds. As part of consolidating comments, the COUNTY will summarize all decisions made or that need to be made related to the direction of the project.
The timeframe for a review cycle (from transmittal of the document(s) for review to the COUNTY to receipt of consolidated comments) is assumed to be three weeks, unless otherwise determined through mutual agreement.
Northwest Watersheds will produce a single detail sheet for the stream cross section, including the streambed sediment requirements and scour countermeasures.
WSDOT standard specification will be used with not Specials required for the culverts.
Deliverables
Conceptual Design Inputs – electronic copy (scanned sketches and/or figures)
Field Investigation Report – electronic copy (MS Word and/or PDF)
Draft Preliminary Hydraulic Memo coveting both culv erts – electronic copy (MS Word and/or PDF)
Final Hydraulic Memo covering both culverts – electronic copy (PDF)
Draft and Final design of stream/culvert elements
Cowlitz County
Delameter Road Culvert Replacement Project
February 2025
Page 18 of 31
Task 6. Preliminary Design (Alternatives Analysis and 30% PSE)
This task includes identifying three (3) structural alternatives for the creek crossings, performing an alternatives analysis to select the most appropriate alternative. Once the most appropriate alternative is selected the consultant team will develop the selected alternative design to 30%, 60%, 90%, and Final% levels.
Table 2 below shows the anticipated sheets for the 10% (alternatives analysis), 30%, 60%, 90%, and final design plans. The Phases that will follow outline the services provided at each PSE milestone.
Table 2 Sheet Index and Drawings Included in Each Milestone
Civil X X X X Cover Sheet
Civil X X X X General Notes and Legend
Civil X X X X Sheet Index
Roadway X X X X Roadway Typical Sections
Roadway X X X X Roadway Typical Sections
Right Of Way
X X X X Row And Alignment
Right Of Way X X X X Row And Alignment
Traffic Control X X Traffic Control Plan
Traffic Control X X Traffic Control Plan
A Site Located in Cowlitz County, WA
A Site Located in Cowlitz County, WA
A Site Located in Cowlitz County, WA
North Culvert Delameter Rd
MP4.10
South Culvert Delameter Rd MP4.42
North Culvert Delameter Rd
MP4.10
South Culvert Delameter Rd
MP4.42
North Culvert Delameter Rd
MP4.10
South Culvert Delameter Rd
MP4.42
Const. Staging X X X X Construction Staging Notes North Culvert Delameter Rd MP4.10
Const. Staging X X X
Const. Staging X X X
Const. Staging X X X X
Const. Staging X X X
Const. Staging X X X
Construction StagingShoofly North Culvert Delameter Rd MP4.10
Construction StagingDetails North Culvert Delameter Rd
Construction Staging Notes
Construction StagingShoofly
Construction StagingDetails
MP4.10
South Culvert Delameter Rd
MP4.42
South Culvert Delameter Rd
MP4.42
South Culvert Delameter Rd
MP4.42
Cowlitz County Delameter Road Culvert Replacement Project
February 2025
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Discipline Responsible
Site Prep & Demo
X X X Site Preparation and Demolition North Culvert Delameter Rd MP4.10
Site Prep & Demo X X X Site Preparation and Demolition South Culvert Delameter Rd MP4.42
Hydraulics & Hydrology
Hydraulics & Hydrology
X X X Stream Plan and Profile North Culvert Delameter Rd MP4.10
X X X Stream Plan and Profile South Culvert Delameter Rd MP4.42
Hydraulics & Hydrology X X X Streambed and Scour Countermeasures
Erosion Ctrl X X Erosion and Sediment Control Plan North Culvert Delameter Rd MP4.10
Erosion Ctrl X X Erosion and Sediment Control Plan South Culvert Delameter Rd MP4.42
Rdwy & Storm X X X X Roadway and Stormwater Plan And Profile North Culvert Delameter Rd MP4.10 (1 Of 2)
Rdwy & Storm X X X X Roadway and Stormwater Plan And Profile North Culvert Delameter Rd MP4.10 (2 Of 2)
Rdwy & Storm X X X X Roadway and Stormwater Plan And Profile South Culvert Delameter Rd MP4.42 (1 Of 2)
Rdwy & Storm X X X X Roadway and Stormwater Plan And Profile South Culvert Delameter Rd MP4.42 (2 Of 2)
Civil X X X Miscellaneous Details Roadway Details
Civil X X X Miscellaneous Details
Civil X X X Miscellaneous Details
Ada X X ADA and Paving Grading Details North Culvert Delameter Rd MP4.10
Ada X X ADA and Paving Grading Details South Culvert Delameter Rd MP4.42
PV. Marking X X Pavement Marking Plan North Culvert Delameter Rd MP4.10
PV. Marking X X Pavement Marking Plan South Culvert Delameter Rd MP4.42
Signing X X Signing and Striping Plan North Culvert Delameter Rd MP4.10
Signing X X Signing and Striping Plan
South Culvert Delameter Rd
MP4.42
Cowlitz County
Delameter Road Culvert Replacement Project
February 2025
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Discipline Responsible
Utility X X X Utility Relocation Plan
Utility X X X Utility Relocation Plan
Utility X X Utility Details
Landscape X X X Landscape Plan
Landscape X X X Landscape Plan
Landscape X X Landscape Detail
Structures
Structures
Structures
Structures
Structures
X X X
X X X
X X X
X X X
X X
Structures X X X
Structures X X X
Delameter Rd Over Delameter Creek
Delameter Rd Over Delameter Creek
Delameter Rd Over Delameter Creek
Delameter Rd Over Delameter Creek
Delameter Rd Over Delameter Creek
Delameter Rd Over Delameter Creek
Delameter Rd Over Delameter Creek
Structures X X Delameter Rd Over Delameter Creek
Structures X X X
Structures X X
Structures X X
Structures X X X X
Structures X X X X
Delameter Rd Over Delameter Creek
Delameter Rd Over Delameter Creek
Delameter Rd Over Delameter Creek
North Culvert Delameter Rd
MP4.10
South Culvert Delameter Rd
MP4.42
North Culvert Delameter Rd
MP4.10
South Culvert Delameter Rd
MP4.42
Typical - Bridge General Notes
Typical DetailsConstruction Sequence
Typical Details - End Diaphragm Detail
Typical DetailsIntermediate Diaphragm Detail
Typical Details - Expansion Joint Detail
Typical Details - Approach Slab Detail (1 of 2)
Typical Details - Approach Slab Detail (2 of 2)
Typical Details - Bridge Utility Hanger Detail
Typical Details - Traffic Barrier Details (1 of 3)
Typical Details - Traffic Barrier Details (2 of 3)
Typical Details - Traffic Barrier Details (3 of 3)
Delameter Rd 4.10 Over Delameter Creek Bridge Layout
Delameter Rd 4.10 Over Delameter Creek Foundation Layout
Cowlitz County
Delameter Road Culvert Replacement Project
February 2025
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Structures X X X X
Structures X X X X
Structures X X X
Structures X X X
Structures X X
Structures X X X
Structures X X X X
Structures X X X
Structures X X X
Structures X X X
Structures X X X
Structures X X
Structures X X X X
Structures X X X X
Structures X X X X
Structures X X X X
Structures X X X
Structures X X X
Structures X X
Delameter Rd 4.10 Over Delameter Creek Abutment 1 Plan and Elevation
Delameter Rd 4.10 Over Delameter Creek Abutment 2 Plan and Elevation
Delameter Rd 4.10 Over Delameter Creek Abutment Details (1 of 3)
Delameter Rd 4.10 Over Delameter Creek Abutment Details (2 of 3)
Delameter Rd 4.10 Over Delameter Creek Abutment Details (3 of 3)
Delameter Rd 4.10 Over Delameter Creek Framing Plan
Delameter Rd 4.10 Over Delameter Creek Typical Cross Section
Delameter Rd 4.10 Over Delameter Creek Girder Details (1 of 4)
Delameter Rd 4.10 Over Delameter Creek Girder Details (2 of 4)
Delameter Rd 4.10 Over Delameter Creek Girder Details (3 of 4)
Delameter Rd 4.10 Over Delameter Creek Girder Details (4 of 4)
Delameter Rd 4.10 Over Delameter Creek Deck Reinforcement Plan (Top and Bottom)
Delameter Rd 4.42 Over Delameter Creek Bridge Layout
Delameter Rd 4.42 Over Delameter Creek Foundation Layout
Delameter Rd 4.42 Over Delameter Creek Abutment 1 Plan and Elevation
Delameter Rd 4.42 Over Delameter Creek Abutment 2 Plan and Elevation
Delameter Rd 4.42 Over Delameter Creek Abutment Details (1 of 3)
Delameter Rd 4.42 Over Delameter Creek Abutment Details (2 of 3)
Delameter Rd 4.42 Over Delameter Creek Abutment Details (3 of 3)
Cowlitz County
Delameter Road Culvert Replacement Project
February 2025
Page 22 of 31
Discipline Responsible
Structures
X X X
Structures X X X X
Structures
Structures
X X X
X X X
Structures X X X
Structures
X X X
Structures X X
Structures X X
Structures
Phase 601. Alternatives Analysis
Delameter Rd 4.42 Over Delameter Creek Framing Plan
Delameter Rd 4.42 Over Delameter Creek Typical Cross Section
Delameter Rd 4.42 Over Delameter Creek Girder Details (1 of 4)
Delameter Rd 4.42 Over Delameter Creek Girder Details (2 of 4)
Delameter Rd 4.42 Over Delameter Creek Girder Details (3 of 4)
Delameter Rd 4.42 Over Delameter Creek Girder Details (4 of 4)
Delameter Rd 4.42 Over Delameter Creek Deck Reinforcement Plan (Top And Bottom)
Delameter Rd 4.10 And 4.42 Over Delameter Creek Elastomeric Bearing Details
X X X Delameter Rd 4.10 And 4.42 Over Delameter Creek Pile Detail
Upon completion of data collection, three (3) alter natives for the crossing structure will be created for both culvert crossings by the Consultant. A brief alternatives analysis memorandum will be developed that includes the alternatives and includes planning level order of magnitude cost estimates. The alternatives schematic cross sections and bridge layouts will be included as an appendix. The Consultant will, in coordination with the County, select the most appropriate alternative.
The three alternatives will include using prefabricated bridges, and two custom design superstructures. The alternatives analysis will consider benefits and impacts on:
Environmental Impacts/permitting requirements
Civil engineering design (grading, extents of roadw ay reconstruction)
Structure types
Geotechnical considerations and foundation types
Schedule
Constructability
Hydraulics and hydrology, stormwater
Right-Of-Way
Utility repair/relocation within project limits
Construction Costs
Construction safety
Cowlitz County
Delameter Road Culvert Replacement Project
February 2025
Page 23 of 31
Anticipated maintenance challenges
The analysis will consider whether to assess each culvert independently or take a holistic approach to determine the most effective overall solution for the project. This will include evaluating whether a single set of alternatives applies to both culverts or if separate alternatives should be developed for each site. This will include a planning level cost estimate for each of the three alternatives. A decision-making rubric incorporates selection criteria, weighted importance in meeting project goals/solving the key issues, and an assessment of advantages and disadvantages. The best alternative will be finalized via an alternative selection workshop, including design leads and the County.
Assumptions
Three superstructure alternatives will be evaluated.
The Consultant will prepare a brief alternatives analysis memorandum with schematic cross sections and layouts of the alternatives.
The conceptual opinion of probable cost will utilize an order of magnitude level of estimate
The Consultant will gather pertinent utility information to recommend potential repair and relocation recommendations
One (1) alternative selection meeting (as outlined in Phase 1002, Project Management meetings)
The alternatives selection meeting will be 1-hour virtual Teams meeting with four Consultant team members to cover the following disciplines: Roadway, Utilities, Stream, Structures, and Hydraulics and Hydrology.
Geotechnical discipline supports efforts of other disciplines in selection of the foundation type, by providing feasibility assessments and preliminary analyses.
The Consultant will provide geotechnical input for the proposed foundation system.
Deliverables
Alternatives Analysis memorandum that includes conceptual opinion of most probable construction cost.
Phase 602. 30% Design of Selected Alternative (Plan s and Cost Estimate)
The consultant will develop preliminary documents based on the selected concept design to the 30% design stage. These preliminary design documents will be used to assist the permit process and establish the ROW footprint. Review documents will consist of drawings, and a preliminary opinion of probable construction cost. At this design level, the overall design layout, fo otprint, proposed utilities, and geometrics of the project are established, and decisions required to generate construction details have been made. The 30% design will include early coordination, alongside the County, with key stakeholders (WDFW and local Tribes), adjacent property owners, and County’s roads and utility departments.
Anticipated sheets for the 30% design plans are presented in Table 2 under task 6.
The Consultant will update the alternatives analysis cost estimate based on changes and design progression to a 30% design level using conceptual-level planning.
Cowlitz County
Delameter Road Culvert Replacement Project
February 2025
Page 24 of 31
Project specifications or special provisions will not be prepared at this design stage.
This task involves providing constructability review/input.
Assumptions
Plans sheets as presented in Table 2.
The stream configuration has preliminary approval from the regulatory agencies.
Temporary utility impacts will be identified in the sheets and proposed relocations will be shown as “By Others.” If utility relocation design is required, it is assumed that the location will be confirmed and designed by the utility owner.
Restoration planting configuration and species will be detailed by the County prior to start of the design.
Specifications and special provisions will not be prepared at this design stage.
One round of review comments from the County and one comment resolution meeting if necessary.
Deliverables
30% design plans
30% design opinion of probable construction cost as described above
Phase 6.3. Quality Control
Perform QC reviews of all deliverables noted in this task.
Deliverables
Quality documents upon request
Task 7. 60% Design Engineering and Plans, Specifications, and Estimate (PS&E)
Phase 701. 60% Design PSE
The consultant will address agreed upon review comments from the 30% Plans and develop the construction documents to 60 percent design stage. These documents will consist of plans, a list of special provisions, a bid item list, and an opinion of probable construction cost:
Anticipated sheets for the 30% design plans are presented in Table 2 under task 6.
Assumptions
Plans sheets as presented in Table 2.
Temporary utility impacts will be identified in the sheets and proposed relocations will be shown as “By Others.” If utility relocation design is required, it is assumed that the location will be confirmed and designed by the utility owner.
Restoration planting configuration and species will be detailed by the County prior to start of the design.
One round of review comments from the County and one comment resolution meeting if necessary.
Cowlitz County
Delameter Road Culvert Replacement Project
February 2025
Page 25 of 31
Deliverables
60% design plans that address comments/responses.
60% design opinion of probable construction cost as described above, bid items list, that addresses comments/responses
Preliminary stormwater report
A list of special provisions
Phase 702. Quality Control
Perform QC reviews of all deliverables noted in this task.
Deliverables
Quality documents upon request
Task 8. 90% Design Engineering and Plans, Specifications, and Estimate (PS&E)
Phase 801. 90% Design PSE
The consultant will address agreed upon review comments from the 60% plans and develop construction documents to the 90 percent design stage. These documents will consist of plans, project specific special provisions, a bid item list, and an opinion of probable construction cost.
Anticipated sheets for the 30% design plans are presented in Table 2 under task 6.
Assumptions
Plans sheets as presented in Table 2.
Temporary utility impacts will be identified in the sheets and proposed relocations will be shown as “By Others.” If utility relocation design is required, it is assumed that the location will be confirmed and designed by the utility owner.
Deliverables
Compile stormwater analysis from 60%, update the analysis to match the 90% level design and prepare the updated stormwater/hydrology report.
Final stormwater report
90% design plans that address comments/responses.
Compute quantities and prepare an engineer’s estimate of construction costs shown on the plans.
A list of special provisions
Phase 802. Quality Control
Perform QC reviews of all deliverables noted in this task.
Cowlitz County
Delameter Road Culvert Replacement Project
February 2025
Page 26 of 31
Deliverables
Quality documents upon request
Task 9. Final Design Engineering and Plans, Specifications, and Estimate (PS&E)
Phase 901. Final Design PSE
The consultant will address agreed upon review comments from the 90% Plans and finalize the construction documents. These documents will consist of final plans, special provisions, a bid item list, and an opinion of probable construction cost:
Anticipated sheets for the Final design plans are presented in Table 2 under task 6.
Assumptions
Plans sheets as presented in Table 2.
Temporary utility impacts will be identified in the sheets and proposed relocations will be shown as “By Others.” If utility relocation design is required, it is assumed that the location will be confirmed and designed by the utility owner.
Deliverables
Prepare final special provisions as needed for nonstandard items shown on the plans and compile the project specifications.
Compute quantities and prepare an engineer’s estimate of construction costs.
Submit 100% plans, special provisions, and estimate for review.
Address County review comments regarding the PS&E.
Bid documents.
Phase 902. Quality Control
Perform QC reviews of all deliverables noted in this task.
Deliverables
Quality documents upon request
Task 10. Stormwater Management Reporting and Design-Northwest Watersheds (Reserved)
This task is not included in the current scope of work. Refer to the overall project assumptions. However, this scope may be supplemented through an amendment to incorporate this task.
Task 11. Utilities Coordination and Planning—PBS
This task covers the coordination in the form of conference calls, emails, and transmittal of design drawings with utilities. The following utilities have been identified in the area of both existing culverts:
Cowlitz County PUD (water, sewer, or power)
CenturyLink (Communication)
Cowlitz County
Delameter Road Culvert Replacement Project
February 2025
Page 27 of 31
Assumptions
Up to five (5) hours of design engineer coordination time by email or conference call.
Deliverables
No deliverables are associated with this task.
Task
12. Right-of-Way Services—County
The County will perform the following Phases with the input needed from the Consultant:
Phase 1201. Support alternatives
analysis
This task involves right of way support for the three alternatives being investigated, as described in task 7. This task involves right of way input/assistance from the County in developing the alternatives feasibility and providing review/input.
Phase 1202. Preliminary Right-of-Way Plans and Right-of-Way Funding Estimate
The County will provide input to development of ROW Plans
The Consultant will provide the County with preliminary right-of-way plans in the following formats:
o Preliminary right-of-way plans following Alternatives analysis; 1” = 50’
o Preliminary right-of-way plans will be provided to County which show the acquisition area(s) of any property or property rights to be acquired, square footages, and information identifying impacted parcels and owners
o The Consultant will provide information and input necessary to develop final right-of-way plans upon completion of right-of-way acquisition
Submit final right-of-way plans and funding estimate; 1” = 50’ stand-alone plan set
Deliverable
Submit right of way funding estimate following alternatives analysis completion
Phase 1203. Right-Of-Way Acquisition
The County will provide the property owner list, maps, descriptions and documents needed for ROW acquisition. R/W activities shall conform to the standards contained in the Uniform Act of 1970 and amendments, the laws of the State of Washington and County Policies and Procedures.
Phase
1204. Preliminary Title Reports
The preliminary title reports ordered as part of Task 2 by the County will be available for each property acquisition. The County will review each preliminary title report for encumbrances, liens, or defects. County shall order supplemental title reports as needed.
Assumptions
The County will pay costs for title reports and supplements
Cowlitz County
Delameter Road Culvert Replacement Project
February 2025
Page 28 of 31
Phase 1205. Appraisal and Appraisal Review
The County will use Washington Department of Transportation approved appraiser. The County will provide the appraisals as needed. Appraisal review will be required because of the FHWA funding of the project. Appraiser shall provide written notice to owners of a planned appraisal inspection and shall provide the property owner or designated representative, if any, an invitation to accompany the appraiser on any inspection of the property for appraisal purposes.
Appraisal shall conform to the Uniform Standards of Professional Appraisal Practice (USPAP).
Assumptions
The design and right-of-way plan shall not subsequent to notice to proceed with appraisal task.
Deliverables
Appraisals
Phase 1206. Acquisition
The County will conduct negotiations, and will research the ownership status of the parcel and any existing conditions impacting the parcel. The County will provide potential courses of action for obtaining clear title. The County will compile and/or prepare all essential documents to be submitted to owners using their approved documents. These include, but are not limited to project information letters, acquisition and relocation brochures, offer-letters, acquisition summary statements, copy of the valuation, map of acquisition, and instruments of conveyance. The County will make all offers in person or by certified mail.
The County will provide all property owners with:
A complete copy of the valuation that just compensation is based upon at the initiation of negotiations.
The County will prepare and maintain written diaries of negotiator contacts with property owners and tenants to document:
Efforts to achieve amicable settlements, Owners' suggestions for changes in plans, Responses to owners' counterproposals, etc.
The County will make every reasonable effort to acquire the ROW expeditiously by negotiation. Property owners will be given reasonable opportunity to consider the offer and present material the owner believes is relevant to determining the value of the property.
Assumptions
No personal property, occupants, owners, or businesses will be displaced by acquisition(s).
The County will pay closing and recording costs
Offers will be made under imminent threat of the Co unty’s exercise of eminent domain as required by standards listed above.
Cowlitz County
Delameter Road Culvert Replacement Project
February 2025
Page 29 of 31
Deliverables
Completed negotiation packet with document for recording Or condemnation package.
Task 13. Public Involvement/Community Engagement—County
The County will manage project website content, if needed, under the County’s webpage. If needed, the County will organize, prepare for and attend an on-site project site visits as a part of stakeholders outreach to share project overview and discuss project updates.
Assumptions
Only consultant’s project manager will attend up to one (1) meeting up to four hours.
The County will develop materials for the meetings with Consultant’s support.
The County will choose stakeholders to be attending the meeting and will coordinate the attendance with them.
Task 14. Construction Staking—PBS (Reserved)
This task is not included in the current scope of work. However, this scope may be supplemented through an amendment to incorporate this task.
Task 15. Bid Phase Support—PBS (Reserved)
This task is not included in the current scope of work. However, this scope may be supplemented through an amendment to incorporate this task.
Task 16. Engineering Support During Construction (ESDC)—PBS (Reserved)
This task is not included in the current scope of work. However, this scope may be supplemented through an amendment to incorporate this task.
Task 17. Construction Management and Inspection (Reserved)
This task is not included in the current scope of work. However, this scope may be supplemented through an amendment to incorporate this task.
Cowlitz County
Delameter Road Culvert Replacement Project
February 2025
Page 31 of 31
COUNTY DELIVERIES TO CONSULTANT
County-Provided Information
The County will provide copies of sample County projects, and design guidelines. The County will also provide electronic files of title blocks, ortho and aerial drawings and standard details for streets, traffic signal, street lighting and other available details.
Project Coordination
The County will assist the Consultant in managing relationships with other jurisdictions involved in the project, adjacent property owners and the public. The County will provide staff to meet and discuss the project with the Consultant as needed. The County will provide written comments pertaining to the design submittals.
Right of Entry Permits
The County will obtain the right to access private parcels for all project related developments. The Consultant shall coordinate access.
Exhibit B
DBE Participation Plan
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
This project has a mandatory DBE utilization goal of 16%. See below for how this goal will be met.
Professional Services:
Northwest Watersheds (Stream Design, Hydraulics and Hydrology) – $97,040.00 Stell (Cultural Resources) – $33,886.38
Vendors:
FEI testing and Inspection (Geotechnical Laboratory Testing) – $4,515.00
Total DBE Utilization amount = $135,441.38
Total Contract Amount = $843,071.00
Total DBE Utilization Percent = 16.07%
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
Survey topography, monumentation and Right-of-Way data will be provided by AGENCY in AutoCAD Civil 3D format.
B. Roadway Design Files
Civil 3D
C. Computer Aided Drafting Files
Civil 3D
AutoCAD
AutoCAD
D. Specify the Agency’s Right to Review Product with the Consultant
AGENCY may choose to review the product at any time in consultation with CONSULTANT.
E. Specify the Electronic Deliverables to Be Provided to the Agency
See Scope of Work- Exhibit A
Survey topography, monumentation and Right-of-Way data will be provided by AGENCY in AutoCAD Civil 3D format.
F. Specify What Agency Furnished Services and Information Is to Be Provided
See Scope of Work- Exhibit A
AGENCY to provide survey files for topography, Right-of-Way and monumentation.
AGENCY to provide Real Property Services for future Right-of-Way phase.
AGENCY to provide standard details and title block templates in AutoCAD Civil 3D format.
AGENCY to provide Division 1 special provisions for bidding.
AGENCY to develop bid proposal documents with the exception of Engineering Plans, Specifications, Estimate and project documentation.
AGENCY to coordinate with utility holders to relocate their facilities as necessary for project construction.
Not applicable.
III. Methods to Electronically Exchange Data
See next page.
MS Outlook in suite above
C. File Transfers Format
An FTP site will be available from AGENCY, as necessary, to transfer large files. In addition, files can be copied to USB flash drive when necessary.
B. Electronic Messaging System
July 11, 2024
PBS Engineering and Environmental, Inc.
214 E Galer St, Suite 300
Seattle, WA 98102
Subject:Acceptance FYE 2023ICR –CPA Report
Dear Nicole Edmondson:
We have accepted your firm’s FYE 2023Indirect Cost Rate (ICR) of 180.66%(rate includes 0.97% Facilities Capital Cost of Money) based on the “Independent CPA Report” prepared by Stambaugh Ness. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA Contract Services Manager
SH:sms
Actuals Not To Exceed Table (ANTE)
Sub-consultant Cost Computations
If no sub-consultant participation listed at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT.
June 5, 2024
Jacobs Associates dba Delve Underground 1011 Western Ave, Suite 706 Seattle, WA 98104
Subject:Acceptance Prime Annual ANTE Rate Table
Dear James Wonneberg:
Washington State Department of Transportation (WSDOT) has reviewed and accepted your proposed Annual ANTE rate table for Agreement Number Y-12928effectiveJune 1, 2024.
This acceptance is in accordance with the terms of your agreement with WSDOT.
This Annual ANTE rate table may be subject to additional review if considered necessary by WSDOT.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA Contract Services Manager
SH:sms
Enclosure: Prime Accepted Annual ANTE Rate Table
Cc:Ioanna Kladou
Thomas Brown
Jacobs Associates, Inc. dba Delve Underground
1011 Western Avenue, Suite 706
Effective Dates: June 1, 2024 - May 31, 2025 Seattle, WA 98104
Actuals Not To Exceed Table (ANTE)
WSDOT Agreement: Y-12928
Jacobs Associates, Inc. dba Delve Underground 1011 Western Avenue, Suite 706 Seattle, WA 98104 Field Rates
June 26, 2024
Stell Environmental Enterprises, Inc.
26617 76th Avenue W, Suite 205 Edmonds, WA 98026
Subject:Acceptance FYE 2023ICR –Risk Assessment Review
Dear Julie Erickson:
Based on Washington State Department of Transportation’s (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2023ICR of the following:
This rate will be applicable for WSDOT Agreementsand Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contractswill 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) 704-6397 or via email consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA Contract Services Manager
SH:BJO
Actuals Not To Exceed Table (ANTE) WSDOT Agreement:
Stell Environmental Enterprises, Inc. 6100 219th Street SW, Suite 480 Mountlake Terrace, WA 98043 Rate Effective Period: July 1, 2024 - June 30, 2025
Actuals Not To Exceed Table (ANTE) WSDOT Agreement:
Stell Environmental Enterprises, Inc. 6100 219th Street SW, Suite 480 Mountlake Terrace, WA 98043 Rate Effective Period: July 1, 2024 - June 30, 2025
Exhibit F - Title VI Assurances Appendix A &
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, (Federal Highway Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Washington State Department of Transportation specific program requirements.]
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Washington State Department of Transportation specific program requirements.]
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Federal Highway Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Federal Highway Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Federal Highway Administration) may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Federal Highway Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of
Exhibit G-2
Exhibit G-3
Exhibit G-4 AGENCY
Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Certificate of C urrent Cost or Pricing Data
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include all decisions and descriptions of work, photographs, records of labor, materials, and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant’s agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
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.
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) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s) that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to 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.
Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency’s summation of hours by classification for each firm that should be included in the claim
• Any correspondence that directed the consultant to perform the additional work;
• Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associate with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant’s claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit
AS-14087
BOCC Agenda
Meeting Date: 03/25/2025
FERC Notice regarding Merwin Dam Safety Inspection Report
Submitted For: Kelly Grayson, Clerk of the Board
Submitted By: Kelly Grayson, Clerk of the Board
Department: Commissioners Office
Subject and Summary Statement
Consent 4. a.
Information
Federal Energy Regulatory Commission (FERC) Notice regarding the Merwin Dam Safety Inspection Report.
Will Staff Attend - NAME OF STAFF Department Recommendation
Attachments Notice
Form Review
Form Started By: Kelly Grayson
Final Approval Date: 03/20/2025
Started On: 03/20/2025 12:21 PM
AS-14080
BOCC Agenda
Meeting Date: 03/25/2025
Affidavit of Posting Resume for the month of February 2025
Submitted For: Pervie Nancy Reed
Consent 5. a.
Submitted By: Pervie Nancy Reed Department: Commissioners Office
Information
Subject and Summary Statement
Affidavit of Posting Resume for the month of February 2025.
Will Staff Attend - NAME OF STAFF
Department Recommendation
Affidavit of Posting Resume'
Form Started By: Pervie Nancy Reed
Final Approval Date: 03/17/2025
Attachments
Form Review
Started On: 03/12/2025 08:07 AM
BOCC Agenda
Meeting Date: 03/25/2025
APPROVAL OF EXPENDITURES – Drainage Improvement District No. 1 – December 2024 Vouchers
Submitted For: Susan Eugenis, Public Works
Submitted By: Emilie Cochrane, Public Works Department: Public Works
Information
Subject and Summary Statement
On March 6, 2025, the Supervisor for Drainage Improvement District No. 1 ratified payments of the expenses incurred in December 2024 for $3,709.42. Attached is the Voucher Ratification outlining said expenses. These expenses are included in the 2024 Budget.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
Drainage Improvement District No. 1 recommends approval of the December 2024 ratification of the vouchers in the total amount of $3,709.42.
APPROVED this day of , 2025.
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
Richard R. Dahl, Chairman
Steve Rader, Commissioner
Steven L. Ferrell, Commissioner
Attest:_______________________________
Kelly Grayson, Clerk of the Board
Fiscal Impact
Expenditure Required $: 3,709.42
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds - What Dept ? : DRAIN1
Grant Y-N:
Voucher Ratification
Inbox
Susan Eugenis
Mike Moss, Public Works
Form Started By: Emilie Cochrane
Form Review
Reviewed By Date
Susan Eugenis
Mike Moss
03/17/2025 07:40 AM
03/20/2025 12:45 PM
Started On: 03/13/2025 01:12 PM
BOCC Agenda
Meeting Date: 03/25/2025
APPROVAL OF EXPENDITURES – Drainage Improvement District No. 1 – January 2025 Vouchers
Submitted For: Susan Eugenis, Public Works
Submitted By: Emilie Cochrane, Public Works Department: Public Works
Information
Subject and Summary Statement
On March 6, 2025, the Supervisor for Drainage Improvement District No. 1 ratified payments of the expenses incurred in January 2025 for $24,758.24. Attached is the Voucher Ratification outlining said expenses. These expenses are included in the 2025 Budget.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
Drainage Improvement District No. 1 recommends approval of the January 2025 ratification of the vouchers in the total amount of $24,758.24.
APPROVED this day of , 2025.
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
Richard R. Dahl, Chairman
Steve Rader, Commissioner
Steven L. Ferrell, Commissioner
Attest:_______________________________
Kelly Grayson, Clerk of the Board
Fiscal Impact
Expenditure Required $: 24,758.24
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds - What Dept ? : DRAIN1
Grant Y-N:
Voucher Ratification
Inbox
Attachments
Form Review
Reviewed By Date
Susan Eugenis Susan Eugenis
Form Started By: Emilie Cochrane
03/17/2025 07:40 AM
Started On: 03/13/2025 01:17 PM
