HomeMy WebLinkAbout5.1116 Original ContractAGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
WATERFALL ENGINEERING, INC.
RELATING TO: VALLEY CREEK RESTORATION PROJECT PHASE III
THIS AGREEMENT is made and entered into this /0 day of vJadt Yvi.„
2011, by and between THE CITY OF PORT ANGELES, a non charter code city oiCthe State of
Washington, (hereinafter called the "CITY and Waterfall Enaineerina. Inc.. authorized to do
business in the state of Washington (hereinafter called the "CONSULTANT
WHEREAS, the CITY desires engineering, design drawings, permit applications materials, and
permits; and
WHEREAS, the CITY desires to engage the professional services of a qualified consulting firm
to perform the scope of work as detailed in Exhibit A; and
WHEREAS, the City has entered into an agreement with Clallam County (hereinafter called the
"County to manage this consultant agreement; and
WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the
State of Washington for professional registration and /or other applicable requirements, and
WHEREAS, the CONSULTANT represents that it has the background, experience, and ability
to perform the required work in accordance with the standards of the profession, and
WHEREAS, the CONSULTANT represents that it will provide qualified personnel and
appropriate facilities necessary to accomplish the work;
NOW, THEREFORE, in consideration of the above representations and the terms, conditions,
covenants, and agreements set forth below, the parties hereto agree as follows:
I SCOPE OF WORK
The scope of professional services to be performed for Tasks 1 -9 and the deliverables to be
achieved by the CONSULTANT shall be as detailed in Exhibit A and shall include all services
and material necessary to accomplish the work. All services provided will meet the requirement
found in the PSAR Agreement as detailed in Exhibit B.
The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the
CONSULTANT shall make such changes as may be required by the CITY. Such changes
shall not constitute "Extra Work" as related in Section XII of this Agreement.
The CONSULTANT agrees that all services performed under this Agreement shall be in
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accordance with the standards of the engineering profession and in compliance with applicable
federal, state and local laws.
The Scope of Work may be amended upon written approval of both parties.
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic negatives, or other
presentations of the work shall become the property of the CITY for use without restriction and
without representation as to suitability for reuse by any other party unless specifically verified
or adapted by the CONSULTANT. However, any alteration of the documents, by the City or by
others acting through or on behalf of the City, will be at the City's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULTANT'S representative
shall be subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties and the
duration of the Agreement shall extend through June 10, 2011. The work shall be completed
in accordance with the tasks set forth in the attached Exhibit A.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such
payment shall be full compensation for work performed, services rendered, and all labor,
materials, supplies, equipment and incidentals necessary to complete the work.
A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead
and profit plus CONSULTANT'S direct non -salary reimbursable costs as set forth in the
attached Exhibit C.
1. Labor costs shall be based on the hourly rates shown in Exhibit C. Hourly rates shall
include overhead, CADD, computer and profit.
General clerical time shall be considered an overhead item, except where specific
work items are involved that require one hour or more continued effort, in which case
time will be charged on the basis of hours worked.
2. The direct non -salary reimbursable costs are those directly incurred in fulfilling the terms
of this Agreement, including, but not limited to, travel, subsistence, telephone,
reproduction and printing, supplies and fees of outside services and consultants. No
overhead and profit may be added to direct non -salary reimbursable costs.
B. The CONSULTANT shall submit invoices to the COUNTY on a monthly basis. Invoices
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shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts
and invoices the non -salary direct costs; shall indicate the specific task or activity in the
Scope of Work to which the costs are related; and shall indicate the cumulative total for
each task.
C. The COUNTY shall review the invoices and the CITY will make payment for the
percentage of the project that has been completed less the amounts previously paid.
D. The CONSULTANT invoices are due and payable within 30 days of receipt by the
COUNTY. In the event of a disputed billing, only the disputed portion will be withheld from
payment.
E. Final payment for the balance due to the CONSULTANT will be made after the completion
of the work and acceptance by the CITY.
F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as
agreed to by the parties in writing.
VI MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation
and reimbursement under this Agreement, including labor, direct non -salary reimbursable
costs and outside services, shall not exceed the maximum sum of $121,000.00. Budget for
task(s) may be modified upon mutual agreement between the two parties, but in any event, the
total payment to the CONSULTANT shall not exceed $121,000.00.
VII INDEPENDENT CONTRACTOR STATUS
The relation created by this Contract is that of owner independent contractor. The Contractor
is not an employee of the City and is not entitled to the benefits provided by the City to its
employees. The Contractor, as an independent contractor, has the authority to control and
direct the performance of the details of the services to be provided. The Contractor shall
assume full responsibility for payment of all Federal, State, and local taxes or contributions
imposed or required, including, but not limited to, unemployment insurance, Social Security,
and income tax.
VIII EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any work or services
under this Agreement, shall be considered employees of the CONSULTANT only and not of
the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said
employees while so engaged, and any and all claims made by a third party as a consequence
of any negligent act or omission on the part of the CONSULTANT'S employees 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.
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In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY
employee without the City's written consent.
IX NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner, which assures fair, equal and
non discriminatory treatment of all persons, without respect to race, creed or national origin, or
other legally protected classification and, in particular:
A. The CONSULTANT shall maintain open hiring and employment practices and will welcome
applications for employment in all positions, from qualified individuals who are members of
minorities protected by federal equal opportunity /affirmative action requirements; and,
B. The CONSULTANT shall comply with all requirements of applicable federal, state or local
laws or regulations issued pursuant thereto, relating to the establishment of non
discriminatory requirements in hiring and employment practices and assuring the service
of all persons without discrimination as to any person's race, color, religion, sex, Vietnam
era veteran status, disabled veteran condition, physical or mental handicap, or national
origin.
X SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement
without the written consent of the CITY.
B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT
for work to be performed pursuant to a subcontract, including procurement of materials
and equipment, each potential subconsultant or supplier shall be notified by the
CONSULTANT of Consultant's obligations under this Agreement, including the
nondiscrimination requirements.
XI CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section I above, either party may
request changes in the scope of work. Such changes shall not become part of this Agreement
unless and until mutually agreed upon and incorporated herein by written amendments to this
Agreement executed by both parties.
XII EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render services in
connection with this project, in addition to the Scope of Work set forth in Exhibit A and minor
revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and
shall be addressed in a written supplement to this Agreement. The CITY shall not be
responsible for paying for such extra work unless and until the written supplement is executed
by both parties.
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XIII TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not Tess than ten (10) days
written notice to the CONSULTANT. Written notice will be by certified mail sent to the
consultant's designated representative at the address provided by the CONSULTANT.
B. In the event this Agreement is terminated prior to the completion of the work, a final
payment shall be made to the CONSULTANT, which, when added to any payments
previously made, shall compensate the CONSULTANT for the percentage of work
completed.
C. In the event this Agreement is terminated prior to completion of the work, documents that
are the property of the CITY pursuant to Section II above, shall be delivered to and
received by the CITY prior to transmittal of final payment to the CONSULTANT.
XIV INDEMNIFICATION /HOLD HARMLESS
The CONSULTANT agrees to indemnify the CITY from any claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by
third parties for property damage and bodily injury, including death, caused solely by the
negligence or willful misconduct of the CONSULTANT, CONSULTANT employees, affiliated
corporations, officers, and subcontractors in connection with the work performed under this
Agreement.
The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by
third parties for property damage and bodily injury, including death, caused solely by the
negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with
the work performed under this Agreement.
If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified
above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense
shall be shared between the CONSULTANT and the CITY in proportion to their relative
degrees of negligence or willful misconduct and the right of indemnity shall apply for such
proportion.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the
CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S
negligence. It is further specifically and expressly understood that the indemnification provided
herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a
2010 Valley Creek Restoration Phase III Page 5 of 12
third person set forth in RCW 51.24.035.
XV INSURANCE
The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the CONSULTANT, its agents,
representatives, employees or subcontractors.
The CONSULTANT shall provide a Certificate of Insurance and a copy of the endorsement
naming the CITY as additional insured evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per
accident for bodily injury and property damage; and,
2. Commercial General Liability insurance written on an occurrence basis with limits no less
than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal
injury, bodily injury and property damage. Coverage shall include but not be limited to:
blanket contractual; products /completed operations; broad form property damage; explosion,
collapse and underground (XCU) if applicable; and employer's liability; and,
3. Professional Liability insurance with limits no less than $1,000,000 per claim.
Any payment of deductible or self- insured retention shall be the sole responsibility of the
CONSULTANT.
The CITY shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of
the endorsement naming the CITY as additional insured shall be attached to the
Certificate of Insurance. The CITY reserves the right to review a certified copy of all required
insurance policies in the CONSULTANT's office.
The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects
to the limits of the insurer's liability.
The CONSULTANT'S insurance shall be primary insurance as respects the CITY, and the
CITY shall be given thirty (30) days prior written notice of any cancellation, suspension or
material change in coverage Consultant's insurer will provide notification of a cancellation in
coverage, and Consultant will provide notification of any material change.
XVI APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington, and in the event of dispute the venue of any litigation brought hereunder shall be
Clallam County.
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XVII EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior
written or oral understandings, and may only be changed by a written amendment executed by
both parties. The following exhibits are hereby made a part of this Agreement:
Exhibit A Scope of Work and Schedule
Exhibit B PSAR Project Agreement
Exhibit C Hourly Rates
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
CITY OF PORT ANGELES
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2010 Valley Creek Restoration Phase III Page 7 of 10
APPROVED AS TO FORM:
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CITY MANAG BI L c LOOR CITY ATTORNE
CONSULTANT ATTEST:
*c.RAI
a Hurd, CITY CLERK
EXHIBIT A
SCOPE OF WORK FOR
DESIGN DOCUMENTS AND PERMITTING FOR THE VALLEY CREEK RESTORATION
PHASE III PROJECT 09-1531N IN THE CITY OF PORT ANGELES, WASHINGTON
The purpose of this project is for the remeandering of approximately 1000 feet of stream
between 9 Street north to 5 Street to improve the stream gradient, pool riffle ratio, stream
velocity, and sinuosity, the removal of 400 feet of culvert, the construction of 100 feet of
culvert, and retrofit approximately 850 feet of existing culvert under Valley Street with four fish
ladders set within vaults to provide in- stream habitat and fish passage improvements and flood
and erosion control to Valley Creek.
TASK 1 Meeting with the City of Port Angeles, and Clallam County, site review, topographical
survey with utilities sufficient for final design and quantity calculations, geotechnical
investigations, and update the current 30% design plan, taking into consideration geotechnical
and archaeological information, and submittal of a project schedule.
TASK 2 Channel design. Develop drawings of new channel location, with appropriate side
slope, meander, channel width, and pool /riffle morphology and floodplain and wetland
optimization. The design shall incorporate provisions for protection and stabilization of Valley
Street including any associated road and utility modifications required and integration of a
future parallel public trail.
TASK 3 Culvert modification. Prepare design of new culvert connection between northern
end of redesigned stream channel and existing culvert at 5 Street location. Complete design
with cost estimates for the removal of culvert and the remeandering of the daylighted stream,
covering the one block length from 6 Street north to 5 Street, including any required
associated road and utility modifications.
TASK 4 Fishway design. Develop the design for fish passage through the culvert. Task to
include facility operations and maintenance narrative.
TASK 5 Deliver 60% contract bidding documents and cost estimate and attend meeting with
the City and Clallam County to review plan set.
TASK 6 Submit all necessary permit applications.
TASK 7 Provide 90% contract bidding documents and cost estimate. Attend meeting with the
City and Clallam County to review the plan set.
TASK 8 Provide 100% contract bidding documents including the plan set, final technical
2010 Valley Creek Restoration Phase III Page 8 of 10
specifications, any special provisions, and the final cost estimate in a format that is ready for
advertisement.
TASK 9 Prepare for and present two community meetings to share project goals and design
with community members.
DELIVERABLES
1) Completed design with cost estimates for the remeandering of the portion of Valley
Creek from the 9 Street right -of -way to the 6 Street right -of -way, including any
associated road and utility modifications required. A complete design with cost
estimates for the removal of culvert and remeandering of the day lighted stream,
covering the one block length from 6 Street north to 5 Street, including any
associated road and utility modifications required. A complete design with cost
estimates for the installation of four (4) fishway structures (or alternate design) to be
located within the existing culvert located in the Valley Street right -of -way between 5th
Street and 2 Street, including any required associated road and utility modifications. A
cost estimate and drawing set for each segment is required at 60% design, at 90%
design, and at 100% design completion. Complete contract bidding documents with
technical specification and special provisions for the 90% and 100% design levels.
Drawing sets at 60% and 90% design shall include seven (7) sets of 11"x17" maps and,
PDF file containing each 11"x17" plan sheet for the production of 8.5 "x11" drawings.
Drawing sets at 100% design shall include five (5) sets of 11"x17", a PDF file, three (3)
full -size sets, and a PDF of the plan sheets.
2) Consultant is responsible for preparing all permit application materials for City signature,
and submittal for all permits required. This includes, but is not limited to SEPA,
Washington Department of Fish and Wildlife (WDFW) Hydraulic Project Approval
(HPA), NPDES Construction Stormwater, and City of Port Angeles Environmentally
Sensitive Areas, In addition, Applicant is responsible for preparing all permit
application materials for City signature, and submittal for an Army Corps of Engineers
(ACOE) Permit. This may include, but is not limited to:
a) A delineation(s) of all wetlands within the project area, following ACOE standards
b) A wetland impact analysis
c) A wetland mitigation plan, if required
d) a Biological Assessment, if required.
Support shall include, but not be limited to, a complete set of construction drawings in
both 8W x 11" and 11" x 17" inch PDF format
3) Consultant will provide all raw data, geotechnical report, study results, survey data,
CAD files and all other applicable engineering files to the City at the 100% stage. In the
event the contract is terminated prior to 100 all above stated data produce to the
point of termination of contract will be provided to the City
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4) Consultant will provide to Clallam County and the City a Power Point presentation for
each of the two community meetings which the Contractor will deliver at the meetings
and which can be used by Clallam County and the City in future meetings and for
seeking funding.
5) Consultant will provide any and all photos taken at the site for future use.
6) Consultant will provide a basis of design report to Clallam County and the City at the
60% stage and will make any necessary revisions to produce a final report to be
delivered at the 100% stage.
7) Initial Progress Schedule submitted with Consultant Agreement. The Progress
Schedule shall be evaluated by Consultant during the course of the project and
submitted to Clallam County and the City on a monthly basis.
2010 Valley Creek Restoration Phase III Page 10 of 10
Project Sponsor: Port Angeles City of
Project Title: Valley Creek Restoration Phase 3 Design
WASHINGTON STATE
Recreation and
Conservation Office
A.
C. DESCRIPTION OF PROJECT
The subject project is described on the attached project summary.
EXHIBIT B
PSAR Project Agreement
Salmon Funding Accounts
PARTIES OF THE AGREEMENT
This project grant agreement (agreement) is entered into between the State of Washington by and through the
Salmon Recovery Funding Board (SRFB), P.O. Box 40917, Olympia, Washington 98504 -0917 and City of Port
Angeles (sponsor), PO Box 1150, Port Angeles, WA 98362 and shall be binding on the agents and all persons acting
by or through the parties.
B. PURPOSE OF AGREEMENT
This agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the
State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for
the project named above.
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on December 10, 2009 and end on June 10, 2011. No expenditure
made before or after this period is eligible for reimbursement unless incorporated by written amendment into this
agreement or specifically provided for by funding board /office policy.
Requests for time extensions are to be made at least 60 days before the agreement end date. If a request for a time
extension is not made at least 60 days before the agreement end date, the request maybe denied. If the request is
made after the agreement end date, the time extension will be denied.
E. ON -GOING OBLIGATION
The Project Sponsors on -going obligation for the project shall be the same as the Period of Performance period
identified in Section D.
F. PROJECT FUNDING
The total grant award provided by the funding board /office for this project shall not exceed $139,000.00. The funding
board /office shall not pay any amount beyond that approved for funding of the project. The sponsor shall be
responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this
project at a minimum shall be as indicated below:
Percentage Dollar Amount
SRFB Puget Sound Acq. Restoration 100.00% $139,000.00
Project Sponsor 0.00% $0.00
Total Project Cost 100.00% $139,000.00
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this agreement are subject to this agreement and its attachments, as now
existing or hereafter amended, including the sponsor's application, project summary, eligible reimbursement activities
report, and project milestones, all of which are incorporated herein.
Except as provided herein, no amendment/deletions of any of the terms or conditions of this agreement will be
effective unless provided in writing. All such amendment/deletions except those concerning the period of
performance, must be signed by both parties. Period of performance extensions need only be signed by RCO's
director or designee
The sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in these
documents.
Project Number: 09 -1531 N
Approval Date: 12/10/2009
H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB -SRFB POLICIES
This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter 77.85 RCW, Chapter 420 WAC, and published agency policies, which are incorporated
herein by this reference as if fully set forth.
PSAR Project Agreement RCO #09-1531N Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 1 of 14
PROJAGR.RPT
I. SPECIAL CONDITIONS
Final Project Design
The final design process must address and resolve all substantial issues that may have been
raised in the permitting and stakeholder review process, so that all stakeholders agree on the
final plans. As with the preliminary design work, preparation of the final design must be done
under the supervision of a licensed Professional Engineer. (For certain projects, where liability
concerns are minimal, a licensed Professional Engineer may not be required. Consult RCO
staff if you are NOT planning to use a licensed Professional Engineer.)
Final Design tasks include the following:
1. Revision of preliminary design drawings
2. Preparation of additional detailed drawings as needed to clarify the design of specific
work items
3. Preparation of technical specifications to fully describe each part of the work.
4. Preparation of a final construction cost estimate
5. Preparation of contract bidding _documents and general contract conditions
Final Project Design concludes with a comprehensive and detailed set of project drawings,
technical specifications, and contract documents (if the project is to be advertised for contractor
bidding). An "Engineer's Estimate" of construction cost must also be prepared by the designer,
for comparison with estimates provided by general contractors (bids).
J. FEDERAL FUND INFORMATION
(none)
K. PROJECT AGREEMENT REPRESENTATIVE
All written communications sent to the sponsor under this agreement will be addressed and delivered to:
Proiect Contact SRFB
Name: Scott Johns Recreation and Conservation Office
Title: Associate Planner Natural Resources Building
Address: 321 East 5th St PO Box 40917
Port Angeles, WA 98362 Olympia, Washington 98504 -0917
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This agreement, with all amendments and attachments, constitutes the entire agreement of the parties. No other
understandings, oral or otherwise, regarding this agreement shall exist or bind any of the parties.
M. EFFECTIVE DATE
This agreement, for project 09- 1531N, shall be effective on signing by all parties Reimbursements for eligible and
allowable costs incurred prior to the effective date and those costs incurred within the period of performance are
allowed only when this agreement is signed by all parties and an onginal is received by RCO. The period of
performance is identified in section D
PSAR Project Agreement RCO #09-1531N
Chapter 77 85 RCW, Chapter 420 WAC
PROJAGR RPT
Salmon Funding Accounts
Page 2 of 14
The signators listed below represent and warrant their authority to bind the parties to this agreement
City of Port Angeles
By:
Name: (panted)
Title: 4
State of Washingto
On behalf of th
PSAR Project Agreement RCO #09-1531N
Chapter 77 85 RCW, Chapter 420 WAG
PROJAGR.RPT
-A1 c i, 1
on Recove unding Board (SRFB)
Kaleen Cottingham
Director, Recreation and Conservation Office
Date' 9 z
Date: 5/ Y12v/p
Pre approved as to form:
By: /s/ Date: April 1, 2009
Assistant Attomey General
REcE
APR 28 2010
RECREATION AND COn3ERVAI ION OFFICE
Salmon Funding Accounts
Page 3 of 14
WASHINGTON STATE
Recreation and
Conservation Office
Standard Terms and Conditions
of the Project Agreement
Project Sponsor: Port Angeles City of Project Number: 09 -1531 N
Project Title: Valley Creek Restoration Phase 3 Design Approval Date: 12/10/2009
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS
A Any citations referencing specific documents refer to the current version at the date of project agreement and /or any revisions in
the future.
B Headings used in this agreement are for reference purposes only and shall not be considered a substantive part of this
agreement
C. Definitions. As used throughout this agreement, the following terms shall have the meaning set forth below
acquisition The gaining of rights of ownership by purchase, negotiation, or other means, of fee or Tess than fee interests in real
property.
agreement The accord accepted by all parties to the present transaction; this agreement, any supplemental agreements, any
amendments to this agreement and any Intergovernmental agreements.
applicant Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application
soliciting a grant of funds from the funding board.
application The forms and support documents approved by the funding board or its director for use by applicants in soliciting
project funds administered by RCO
asset- Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this agreement. This
definition is restricted to non -fixed assets, including but not limited to vehicles, computers or machinery.
cognizant or oversight agency Federal agency responsible for ensunng compliance with federal audit requirements.
contractor- Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this
project under a separate agreement with the sponsor. The term "contractor" and "contractors" means contractor(s) in any tier:
corporate sponsor Any corporate form of business, including nonprofit organizations, under RCW 23, 23B and 24.
development/renovation Construction of or improvement of site or site facilities.
director The chief executive officer of the Recreation and Conservation Office or that person's designee.
elements and Items Components defined as part of the scope of work, see Section 26 B.
funding board The board that authorized the funds in this agreement, either the Recreation and Conservation Funding Board
(RCFB) created under chapter 79A.25.110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter
77.85.110 RCW.
landowner agreement A landowner agreement is required between a sponsor and landowner for projects located on land not
owned, or otherwise controlled, by the sponsor.
milestone An important event with a defined deadline for an activity related to implementation of a funded project.
period of performance The time period specified in the agreement, under Section D, period of performance.
post evaluation summary One of the documents used to summarize and describe the actions undertaken m the agreement.
project The undertaking that is the subject of this agreement and that is, or may be, funded in whole or in part with funds
administered by RCO on behatf of the funding board.
RCO Recreation and Conservation Office The state office that provides administrative support to the Recreation and
Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters
79A.25.110 and 79A.25.150 RCW and charged with administering this agreement by Chapters 77.85.110 and 79A.25.240 RCW.
reimbursement Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the
agreement.
restoration/enhancement Bringing a site back to its original function as part of a natural ecosystem or improving the ecological
functionality of a site.
sponsor The eligible applicant who has been awarded a grant of funds and is bound by this executed agreement; Includes its
officers, employees, agents and successors.
SECTION 2. PERFORMANCE BY THE SPONSOR
The sponsor shall undertake the project as described in this agreement, post evaluation summary, the sponsor's application, and in
accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the
application, all as finally approved by the funding board. All submitted documents are incorporated by this reference as if fully set forth
herein. The Order of Precedence is covered in Section 34.
Timely completion of the project is important Failure to meet critical milestones or complete the project, as set out in this agreement,
is a material breach of the agreement.
PSAR Project Agreement RCO #09-1531N
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGRRPT
Salmon Funding Accounts
Page 4 of 14
SECTION 3. ASSIGNMENT
Neither this agreement, nor any claim arising under this agreement, shall be transferred or assigned by the sponsor without prior
written consent of the funding board.
SECTION 4. RESPONSIBILITY FOR PROJECT
While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this agreement, the project
itself remains the sole responsibility of the sponsor. The funding board undertakes no responsibilities to the sponsor, or to any third
party, other than as is expressly set out in this agreement. The responsibility for the implementation of the project, is solely that of the
sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by the law, the sponsor expressly agrees to and shall indemnify, defend and hold harmless the State
and its agencies, officials, agents and employees from and against all claims, actions, costs, damages, or expenses of any nature
arising out of or incident to the sponsor's or any contractor's performance or failure to perform the agreement. Sponsor's obligation to
indemnify, defend and hold harmless also Includes any claim by sponsor's agents, employees, representatives or any contractor or its
employees, Sponsor's obligation to defend includes payment of any costs or attomeys' fees.
Sponsor's obligation shall not include such claims that may be caused by the sole negligence of RCO, its officials, agents, and
employees. If the claims or damages are caused by or result from the concurrent negligence of (a) RCO, its agents or employees and
(b) the sponsor, its contractors, agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the
negligence of the sponsor or its contractors, agents, or employees. The sponsor expressly agrees to waive his /her Immunity under
Title 51 RCW to the extent required to indemnify, defend, and hold hamiless the State and its agencies, officials, agents or
employees
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The sponsor and its employees or agents performing under this agreement are not officers, employees or agents of the funding board
or RCO. The sponsor wiil.not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of
Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters
41.06 or 28B RCW.
The sponsor is responsible for withholding and /or paying employment taxes, insurance, or deductions of any kind required by federal,
state, and /or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to
the sponsor terminate this agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in
Public Service Act, Chapter 42.52 RCW; or any similar statute involving the sponsor in the procurement of, or performance under, this
agreement.
In the event this agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor
as if could pursue in the event of a breach of the agreement by the sponsor. The rights and remedies of RCO provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
SECTION 8. ACKNOWLEDGMENT AND SIGNS
A. Publications The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to
this project in any release or other publication developed or modified for, or referring to, the project.
B. Signs. The sponsor also shall post signs or other appropriate media at project entrances and other locations on the project which
acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the
director.
C. Ceremonies The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor
shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies.
D Federally Funded Projects_ When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly
state:
1. The percentage of the total costs of the project that is financed with federal money;
2 The dollar amount of federal funds for the project; and
3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources.
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SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implement the agreement in accordance with applicable federal, state, and local laws, regulations and RCO and
funding board policies.
The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and
local laws, regulations, and /or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage;
Architectural Barriers Act, permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances,
Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health
AdministrationrNashington Industrial Safety and Health Act); and Buy American Act.
Endangered Species
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence
with clearing of riparian trees or in -water work unless either the sponsor has complied with 50 CFR 223.203 (b)(8), limit 8 or until an
Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this
requirement may be grounds for terminating this project agreement. This section shall not be the basis for any enforcement
responsibility by RCO.
Nondiscrimination Laws
The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and /or policies, including but not limited
to: the Americans with Disabilities Act, Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor's noncompliance
or refusal to comply with any nondiscnmination law or policy, the agreement may be rescinded, cancelled, or terminated in whole or in
part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any
and all costs or liability arising from the sponsor's failure to so comply with applicable law.
Prevailing Wage
The sponsor agrees to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part
of this contract when required by state law to do so, and to comply with the provisions of the Davis -Bacon Act, other federal laws and
Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries.
Restrictions on Grant Use
No part of any funds provided under this grant shall be used, other than for normal and recognized executive legislative relationships,
for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such
sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature.
SECTION 10. ARCHAEOLOGICAL AND CULTURAL RESOURCES
The real property acquired, developed, renovated, or restored through this grant is subject to Governor's Executive Order (EO) 05-05
or compliance with Section 106 of the National Historic Preservation Act conceming the review, analysis, and consultation with the
Washington State Department of Archaeology and Historic Preservation and affected Tribes for archaeological and cultural
resources. The funding board requires documented compliance with EO 05-05 or Section 106 of the National Histonc Preservation
Act, whichever is applicable to the project. In the event that a federal agency declines to consult, the sponsor shall comply with EO
05 -05. The sponsor must comply with EO 05-05 or the National Historic Preservation Act before initiating ground disturbing activity.
RCO will issue a notice to proceed (if applicable) when appropnate documentation has been received. RCO will not reimburse for
construction related activity until the sponsor demonstrates compliance.
In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and
immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following concemed Tribes'
cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. In the event that
human remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the
area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State
Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW
68 50.
SECTION 11. HAZARDOUS SUBSTANCES
A. Definition. "Hazardous substance," as defined in Chapter 70.1050.020 (11) RCW, means
1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) and (6) RCW, or any dangerous or
extremely hazardous waste designated by rule pursuant to Chapter 70.105 RCW;
2. Any hazardous substance as defined in Chapter 70.105.010(14) RCW or any hazardous substance as defined by rule
pursuant to Chapter 70.105. RCW;
3. Any substance that, on March 1, 1969, is a hazardous substance under section 101(14) of the federal cleanup law, 42
U.S.0 Sec. 9601(14);
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4 Petroleum or petroleum products; and
5 Any substance or category of substances, including solid waste decomposition products, determined by the director [or
director's designee] of the department of ecology by rule to present a threat to human health or the environment if released
into the environment.
6. The term hazardous substance does not include any of the following when contained in an underground storage tank from
which there is not a release: Crude oil or any fraction thereof or petroleum, tithe tank is in compliance with all applicable
federal, state, and local law.
8. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the
presence of hazardous substances and certify'
1. No hazardous substances were found on the site, or
2. Any hazardous substances found have been treated and /or disposed of in compliance with applicable state and federal
laws, and the site deemed "clean
C Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in
Chapter 70.105D RCW.
D. Hold Harmless. The sponsor will defend, protect and hold harmless RCO and any and all of its employees and /or agents, from
and against any and all liability, cost (including but not limited to all costs of defense and attomeys' fees) and any and all loss of
any nature from any and ail claims or suits resulting from the presence of, or the release or threatened release of, hazardous
substances on the property being acquired.
SECTION 12. RECORDS MAINTENANCE
The sponsor shall maintain books, records, documents, data and other evidence relating to this agreement and performance of the
services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all
direct and indirect costs of any nature expended in the performance of this agreement. Sponsor shall retain such records for a period
of six years from the date RCO closes the project. At no cost, these records, including materials generated under the
agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation,
claims, or audit findings involving the records have been resolved.
SECTION 13. PUBLIC RECORDS
Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this agreement shall be a public record as
defined in chapter 42.56 RCW. Additionally, in compliance with RCW 77.85.130 (8), sponsor agrees to disclose any information in
regards to expenditure of any funding received from the funding board.
SECTION 14. ACCESS TO DATA
In compliance with chapter 39.29 RCW, the sponsor shall provide access, when requested, to data generated under this agreement
to RCO, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all
information that supports the findings, conclusions, and recommendations of the sponsor's reports, including computer models and
methodology for those models.
SECTION 15. TREATMENT OF ASSETS
A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the
sponsor discontinues use of the asset(s) for the purpose for which it was funded, RCO wilt require the sponsor to deliver the
asset(s) to RCO, dispose of the asset according to RCO policies, or return the fair market value of the asset(s) to RCO. Assets
shall be used only for the purpose of this agreement, unless otherwise provided herein or approved by RCO in writing.
8. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which
results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management
practices.
SECTION 16. RIGHT OF INSPECTION
The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the
state of Washington or the federal government, at all reasonable tunes, in order to monitor and evaluate performance, compliance,
and /or quality assurance under this agreement.
If a landowner agreement has been executed, it will further stipulate and define the funding board and RCO's right to inspect and
access lands acquired or developed with funding board assistance.
SECTION 17. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or
RCO. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the
funding board.
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SECTION 18. DEBARMENT CERTIFICATION FOR FEDERALLY FUNDED PROJECTS
Tower ter participants° refer to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee,
subgrantee, or contractor of any grantee or subgrantee from the original sponsor funded by RCO. In this section, the sponsor certifies
to RCO that neither they nor their subgrantees are suspended or debarred Any grantee, subgrantee, or contractor of any grantee or
subgrantee from the original sponsor certifies to the sponsor directly.
For any federally funded projects, sponsors are required to follow any federal requirements. Furthermore any federal funding
requirements will be passed on to any other entity to whom the sponsor passes funds (also referred to as a lower tier participant).
The sponsor (prospective lower tier participant) certifies, by signing this agreement, that neither it nor its principals nor any other Tower
tier participants are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency. The sponsor (prospective lower her participant) shall provide
immediate written notice to RCO if at any time the prospective lower tier partioipant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
Should the prospective lower tier participant enter into a covered transaction with another person at the next lower tier, the sponsor
(prospective lower tier participant) agrees by signing this agreement that it will verify that the person with whom it or its lower tier
participant intends to do business is not excluded or disqualified. The sponsor (prospective lower tier participant) will do this by:
A. Checking the federal Excluded Parties List System (www.epls.gov) for that person; or
B. Collecting a certification from that person; or
C Adding a clause or condition to the covered transaction with that person.
The sponsor (prospective lower tier participant) agrees by signing this agreement that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this transaction originated. A participant in a covered
transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.
SECTION 19. PROJECT FUNDING
A. Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this
agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by
written amendment into this agreement.
B Before the Agreement No expenditure made, or obligation incurred, by the sponsor before the effective date of this agreement
shall be eligible for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of
retroactivity or program specific eligible pre agreement costs. The dollar amounts identified in this agreement may be reduced as
necessary to exclude any such expenditure from reimbursement.
C. After the period of performance. No expenditure made, or obligation incurred, following the period of performance shall be
eligible, in whole or in part, for grant funds hereunder. In addition any remedy the funding board may have under this
agreement, the grant amounts identified in this agreement shall be reduced to exclude any such expenditure from participation.
SECTION 20. PROJECT REIMBURSEMENTS
A. Sponsors may only request reimbursement after eligible and allowable costs have already been paid and remitted to their
vendors.
g Compliance and Payment. The obligation of RCO to pay any amount(s) under this agreement is expressly conditioned on strict
compliance with the terms of this agreement by the sponsor.
C. Compliance and Retainage. RCO reserves the nght to withhold disbursement of the final ten percent (1D of the total amount of
the grant to the sponsor until the project has been completed. A project is considered "complete" when:
1. All approved or required activities outlined in the agreement are done;
2. On -site signs are in place (if applicable);
3. A final project report is submitted to RCO,
4 Any other required documents are complete and submitted to RCO;
5. A final reimbursement request is submitted to RCO;
6. The completed project has been accepted by RCO;
7. Final amendments have been processed; and
8 Fiscal transactions are complete.
D. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly.
Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for
reimbursable activities occurring between July 1 and June 30. Sponsors must refer to current RCO policies and procedures
regarding reimbursement requirements
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SECTION 21. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services to be provided under this agreement are limited to grants approved by
the SRFB and must comply with SRFB policy See WAC 420 12-060 (5).
SECTION 22. RECOVERY OF PAYMENTS
In the event that the sponsor fails to expend funds under this agreement in accordance with state and federal laws, and/or the
provisions of the agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of
noncompliance in addition to any other remedies available at law or in equity.
The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the agreement. Repayment by the
sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of
twelve percent (12 per annum from the time that payment becomes due and owing.
SECTION 23. COVENANT AGAINST CONTINGENT FEES
The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this agreement on an
agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach
Of this clause by the sponsor, to terminate this agreement without liability or, in its discretion, to deduct from the agreement grant
amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.
SECTION 24. PROVISIONS APPLYING TO DEVELOPMENT/RESTORATION PROJECTS
The following provisions shall be in force only if the project described in this agreement is for development/restoration of land or
facilities for outdoor recreation, habitat conservation, or salmon recovery:
A. Document Review and Approval. The sponsor agrees to submit one copy of all development/restoration or construction plans and
specifications to RCO for review. Review and approval by RCO will be for compliance with the terms of this agreement.
g Contracts for Development or Restoration. Sponsor shalt award all contracts for construction, development or restoration using
whatever method is appropriate and required for the sponsor.
C. Contract Change Order. Only change orders that impact the amount of funding or changes to the scope of the project as
described to and approved by the funding board or RCO must receive prior written approval.
D. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (land owner agreement, long term
lease agreement, easement, or fee simple ownership) for the land proposed for development or restoration. The documentation
must meet current RCO requirements.
E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall
insert the following nondiscrimination clause in each contract for construction of this project
"During the performance of this contract, the contractor agrees to comply with all
federal and state nondiscrimination laws, regulations and policies."
F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of
the Washington State Aquatic Habitat Guidelines (AHG) Program. The best management practices are described in three
documents: "Stream Habitat Restoration Guidelines: Final Draft", 2004; "Design of Road Culverts for Fish Passage 2003; and
"integrated Streambank Protection Guidelines 2002. These documents and other information can be found on the AHG website.
SECTION 25. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the project described in this agreement is for the acquisition of interest in real property
(including easements) for outdoor recreation, habitat conservation, or salmon recovery purposes'
A Evidence of Land Value. Before disbursement of funds by RCO as provided under this agreement, the sponsor agrees to supply
evidence to RCO that the cost of the property rights acquired has been established according to funding board policy.
g Evidence of Title. The sponsor agrees to show the type of ownership interest for the property that has been acquired. This shall
be done before any payment of financial assistance
C Legal Description of Real Property Rights Adquired. The legal descnption of the real property rights purchased with funding
assistance provided through this project agreement (and protected by a recorded conveyance of rights to the State of
Washington) shall be incorporated into the agreement before final payment.
D. Conveyance of Rights to the State of Washington Document securing long -term rights for the State of Washington When real
property rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document
conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include a Dded of
Right, Assignment of Rights, Easements and Leases. The sponsor agrees to use document language provided by RCO, to
record the executed document in the County where the real property lies, and to provide a copy of the recorded document to
RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not
those rights are being acquired in perpetuity
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Real Property Acquisition and Relocation Assistance
1. When federal funds are part of this agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970) Public Law 91 -646, as
amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100 -17 -1987, and applicable
regulations and procedures of the federal agency implementing that Act
2. When state funds are part of this agreement, the sponsor, if required by law, agrees to comply with the terms and conditions
of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26.010
RCW, and Chapter 468 -100 WAC
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and /or state law set out in subsection (2) above, are Involved in the execution of this project, the sponsor agrees to
provide any,housing and relocation assistance required.
Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery.
Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 10
Archaeological and Cultural Resources before structures are removed or demolished.
G Archaeological and Cultural Resources. The sponsor agrees that any real property interests acquired under this agreement, if to
be developed in the future, is subject to section 10 (Archaeological and Cultural Resources) prior to any ground disturbing
activity.
E.
F.
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and /or
use the property for public purposes consistent with the fund source Sponsors shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
sponsor has acquired a perpetual easement for public purposes.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
RCO. Sponsors shall use this document when an easement or lease is being acqutred for habitat conservation or salmon
recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated
by reference in the easement document.
3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights
directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will
depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease.
SECTION 26. RESTRICTION ON CONVERSION OF REAL PROPERTY AND /OR FACILITIES TO OTHER USES
The sponsor shall not at any time convert any real property or facility acquired, developed, and /or restored pursuant to this agreement
to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with
applicable statutes, rules, and funding board policies It is the intent of the funding board's conversion policy, current or as amended
in the future, that all real property or facilities acquired, developed and /or restored with funding assistance remain in the public domain
in perpetuity unless otherwise identified in the agreement or as approved by the funding board.
When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per estabhshed funding
board policies.
A. A conversion occurs when one or more of the following has taken place, whether affecting an entire site or any portion of a site
funded by the funding boards.
1. Conveyance. Property interests are conveyed for purposes inconsistent with the original grant request..
2. Conveyance to Ineligible Third Party. Property interests are conveyed to a third party not otherwise eligible to receive grants
in the program from which funding was derived
3. Non eligible Uses. A use occurs that is inconsistent with the original grant request
4. Non eligible Facilities. Non eligible facilities are developed within the project area.
5. Termination of Public Use When public use, as described in the original grant request, is temporarily or permanently
terminated or excluded.
6. Environmental Functions. For habitat projects, if the property acquired, restored or enhanced no longer provides the
environmental functions for which funding board grants were onginally approved.
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B.
Changing a project's elements and items. When approved by the funding board or director, certain elements and items may be
deleted from the agreement without being considered a conversion. In the following instances the board may authorize changes
without invoking the requirement to replace the elements and items. Such deletions are allowed when the funding board or
director determines that the elements and items are not needed or cannot be retained due to one or more of the following
conditions:
1. Obsolescence
2. Extraordinary vandalism
3. Acts of Nature
4. Designed life expectancy reached
5. Fire
6 Permit requirements that disallow specific elements
7. Reversion Order (National Trails System Act 8(d), 16 U.S.C. 1247(d); WAC 286 -27- 060(2)).
SECTION 27. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS
Sponsors must ensure that properties or facilities assisted with funding board funds, including undeveloped sites, are built, operated,
used, and maintained:
A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes.
B In a reasonably safe condition for the project's intended use.
C. Throughout its estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws, regulations and policies
Facilities open to the public must:
A. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform
Federal Accessibility Standards, guidelines, or rules, including but not limited to. the International Building Code, the Americans
with Disabilities Act, and the Architectural Barriers Act, as updated
B. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods.
C. Be available for use at reasonable hours and times of the year, according to the type of area or facility.
SECTION 28. INCOME AND INCOME USE
A Income.
1 Compatible source. The source of any income generated in a funded project or project area must be compatible with the
funding source and the agreement.
2. Fees. User and /or other fees may be charged in connection with land acquired or facilities developed with funding board
grants if the fees are consistent with the:
(a) Value of any service(s) furnished;
(b) Value of any opportunities furnished; and
(c) Prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and /or hunter) for which a
facility /range fee must not be charged (Chapter 79A.25.210 RCW).
B. Income use. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing,
timber harvesting, farming, etc) are gained during or after the reimbursement penod cried in the agreement, unless precluded by
state or federal law, the revenue may only be used to offset
1 The sponsor's matching funds;
2 The project's total cost,
3. The expense of operation, maintenance, stewardship, monitoring, and /or repair of the facility or program assisted by the
funding board grant;
4 The expense of operation, maintenance, stewardship, monitoring, and /or repair of other similar units in the sponsor's
system; and /or
5. Capital expenses for similar acquisition and /or development.
SECTION 29. PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential
reservation, membership, and /or permit systems) except that reasonable differences in admission and other fees may be maintained
on the basis of residence. Even so, the funding board discourages the imposition of differential tees. Fees for nonresidents must not
exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident
fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities.
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A.
B.
C
D.
C.
SECTION 30. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS
A corporate sponsor, including any nonprofit sponsor, shall:
A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the
sponsor's obligation to the project as identified in the agreement.
B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will
agree in writing to assume any on -going project responsibilities. A qualified successor is any party eligible to apply for funds in
the subject grant program and capable of complying with the terms and conditions of this agreement. RCO will process an
amendment transferring the sponsor's obligation to the qualified successor if requirements are met.
Sites or facilities open to the public may not require exclusive use, (e.g., members only)
SECTION 31. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS
A. The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability
insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor
deems adequate to ensure it wit have resources to pay successful claims of persons who may be killed or injured, or suffer
damage to property, white present at the range facility to which this grant is related, or by reason of being in the vicinity of that
facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person.
B The Lability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO
as additional insured and shall be in a form approved by the funding board or director.
C The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shalt be
kept in force throughout the sponsor's obligation to the project as identified in this agreement.
D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to
RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10)
calendar days following any termination of the policy by the sponsor.
E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipat government
which has established a program of self insurance or a policy of self with respect to claims arising from its facilities or
activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that
program or policy as a part of its application to the funding board.
F By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury,
or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates.
Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or
others, for any and all remedies that may be available by law.
SECTION 32. REQUIREMENTS OF THE NATIONAL PARK SERVICE
if the project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal
Land and Water Conservation Fund (LWCF), the "Project Agreement General Provisions" in the LWCF State Assistance Program
Federal Financial Assistance Manual are also made part of this agreement. The sponsor shall abide by these LWCF General
Provisions as they now exist or are hereafter amended Further, the sponsor agrees to provide RCO with reports or documents
needed to meet the requirements of the LWCF General Provisions.
SECTION 33. FARMLAND PRESERVATION ACCOUNT
For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections
will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement.
Section 8 Acknowledgement and Signs,
Section 11 Hazardous Substances,
Section 17 Stewardship and Monitoring
Section 26 Restriction on Conversion of Real Property and /or Facilities to Other Uses, and
Section 25 Provisions Applying to Acquisition Projects Sub- sections D, E, F and G
SECTION 34. ORDER OF PRECEDENCE
This agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws The provisions of
the agreement shall be construed to conform to those laws In the event of an inconsistency in the terms of this agreement, or
between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in
the following order
Applicable federal and /or state statutes, regulations, policies and procedures including RCO/funding board policies and
procedures, applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders;
Project agreement including attachments;
Special Conditions;
Standard Terms and Conditions of the Project Agreement.
PSAR Project Agreement RCO #09-1531N
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
Salmon Funding Accounts
Page 12 of 14
SECTION 35. AMENDMENTS
This agreement may be amended by mutual agreement of the parties only Such amendments shall not be binding unless they are in
writing and signed by personnel authorized to bind each of the parties. Period of performance extensions and minor scope
adjustments need only be signed by RCO's director or designee.
SECTION 36. LIMITATION OF AUTHORITY
Only RCO or RCO's delegate by writing (delegation to be made pnorto action) shall have the express, implied, or apparent authority
to alter, amend, modify, or waive any clause or condition of this agreement. Furthermore, any alteration, amendment, modification, or
waiver of any clause or condition of this agreement is not effective or binding unless made in writing and signed by RCO.
SECTION 37. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver or breach of any provision of the
agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached to the
onginai agreement.
SECTION 38. APPLICATION REPRESENTATIONS MISREPRESENTATIONS OR INACCURACY OR BREACH
The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope
of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this
agreement.
SECTION 39. TERMINATION AND OTHER REMEDIES
The funding board and RCO will require strict compliance by the sponsor with all the terms of this agreement including, but not limited
to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the
sponsor in its application for a grant as finally approved by the funding board.
The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this agreement:
A. In the event of any breach by the sponsor of any of the sponsor's obligations under this agreement; or
8. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the
completion date set out in this agreement. Included In progress is adherence to milestones and other defined deadlines.
In the event this agreement is terminated by the funding board or director, under this section or any other section after any portion of
the grant amount has been paid to the sponsor under this agreement, the funding board or director may require that any amount paid
be repaid to RCO for redeposit into the account from which the funds were derived.
The funding board and RCO may enforce this agreement by the remedy of specific performance, which usually will mean completion
of the project as described in this agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy
available to RCO No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may elect
to exercise any, a combination of, or all of the remedies available to it under this agreement, or under any provision of law, common
law, or equity.
SECTION 40. NON AVAILABILITY OF FUNDS
If amounts sufficient to fund the grant made under this agreement are not appropriated by the Washington State Legislature, or if
such funds are not allocated by the Washington State Office of Financial Management (OFM) to RCO for expenditure for this
agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until
the necessary action by the Legislature or OFM occurs If RCO participation is suspended under this section for a continuous period
of one year, RCO's obligation to provide any future funding under this agreement shall terminate. Termination of the agreement under
this section is not subject to appeal by the sponsor.
SECTION 41. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this agreement, RCO may, by ten (10) days written notice, beginning on the second day after the
mailing, terminate this agreement, in whole or in part If this agreement is so terminated, RCO shall be liable only for payment
required under the terms of this agreement for services rendered or goods delivered prior to the effective date of termination
PSAR Project Agreement RCO #09 -1531 N
Chapter 77.8 RCW, Chapter 420 WAC
PROJAGR RPT
Salmon Funding Accounts
Page 13of14
A.
B.
SECTION 42. DISPUTE HEARING
Except as may otherwise be provided in this agreement, when a dispute arises between the sponsor and the funding board, which
cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request
for a dispute hearing must be in writing and clearly state:
A. The disputed issues;
B. The relative positions of the parties;
C. The sponsor's name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the
procedure under this section shall be used to resolve those specific issues The dispute shall be heard by a panel of three persons
consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons
initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the funding board's chair
Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the
nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The
disputes panel shall be govemed by the provisions of this agreement in deciding the disputes
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the
authority of either or both parties to perform, as necessary, or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shalt be
delivered or mailed within thirty (30) days ofthe date the requesting party has received notice of the action or position of the other
party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be
delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
SECTION 43. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs_
SECTION 44. GOVERNING LAWNENIJE
This agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit
involving this agreement, venue shall be proper only in Thurston County Superior Court. The sponsor, by execution of this agreement
acknowledges the jurisdiction of the courts of the State of Washington.
In the cases where this agreement is between the funding board and a federally recognized Indian Tribe, the following governing
law /venue applies:
The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian Tribe arising out of or
relating to the performance, breach or enforcement of this agreement in Federal Court. Interpretation shall be according to the
law of the State of Washington. In the event that the Federal Court determines that it lacks subject matter jurisdiction to resolve
the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the
parties agree that the matter shall not be pursued in superior court unless there is a Federal Court determination that it lacks
subject matter jurisdiction.
Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from the action
shall be binding and enforceable on the parties. Any money judgment or award against a Tribe, tribal officers and members, or
the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project Funding of the
Agreement in order to satisfy the judgment.
C The Tribe hereby waives its sovereign immunity as necessary to give effect to this section, and to the implementation of any
judgment. This waiver is only for the benefit of the Tribe and State and shall not be enforceable by any third party or by any
assignee or delegate of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including
attorneys' fees.
SECTION 45. SEVERABILITY
The provisions of this agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever,
such illegality or invalidity shall not affect the validity of the remainder of the agreement.
PSAR Project Agreement RCO #09-1531N
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR RPT
Salmon Funding Accounts
Page 14 of 14
Puget Sound Acquistion Restoration Fund
Puget Sound Recovery Projects
Post Evaluation Project Summary
TITLE: Valley Creek Restoration Phase 3 Design NUMBER: 09 -1531N
STATUS: Board Funded
SPONSOR: City of Port Angeles EVALUATION SCORE:
BOARD RANKING:
COSTS: SPONSOR MATCH:
Puget Sound Acq Restoration $139,000 100%
Total $139,000 100%
DESCRIPTION:
This is Phase 3 Restoration Design of the Valley Creek Restoration project. Phase 3 includes restoration design of a
channelized and culverted portion of Valley Creek into a lengthened, remeandered channel combined with fishway
passage structures installed within reduced remaining culverted length. This Round 10 SRFB proposal is to
complete the design and permitting components of Phase 3, such that it can be promptly initiated when capital
funding is secured. This design project proposal will take the current conceptual (30 design to 100%
construction -ready plans that will also support remaining permitting and pre construction reviews. In the course of
this design work, remaining questions such as stormwater segregation and handling and fishway grating design will
be finalized.
Phase 3 Objectives:. Fish habitat and passage, biological processes, riparian restoration, wetland and floodplain
enhancement, channel conditions.
Phase 3 Design Objectives: 100% design drawing package, including specs. and completion of all permitting and
project reviews
Species or ecological function benefited: Winter Steelhead, Coho, Cutthroat, and Fall Chum.
Total Cost (this design -only request): $162,000.
Funding Request (this design -only request): $139,000
Timeline: Remaining design work, plus permitting and cultural review completed within 9 months of award.
LOCATION INFORMATION:
Valley Creek, Port Angeles, Clallam County
COUNTY: Clallam
GOAL OBJECTIVE:
The goal of the project is to encourage local involvement and local solutions to salmon recovery.
The objective of the project is to provide capacity building at the regional level to develop salmon recovery
plans.
The goal of the project is to increase and /or maintain adequate flows for wild salmon.
The objective of the project is to reduce over appropriation of water in salmon bearing streams.
The goal of the project is to increase/improve information to help select projects that have a high certainty and
benefit
The objective of the project is to determine project siting, feasibility, design, or implementation.
SALMON INFORMATION: indicates primary)
Species Targeted
Chum Cutthroat
Coho* Steelhead
Habitat Factors Addressed
Biological Processes
Channel Conditions*
Floodplain Conditions
Loss of Access to Spawning and Rearing Habitat
Riparian Conditions
i
(Non Capital)
I
1PAPSUM7.RPT Valley Creek Restoration Phase 3 Design
FfSCAL YEAR: 2010 I DATE PRINTED: March 8, 2010
1 PAPSUM7.RPT
Valley Creek Restoration Phase 3 Design
Project Sponsor:
Project Title:
Non Capital Items:
Worksite
#1, Lower Valley Creek
#1, Lower Valley Creek
#1, Lower Valley Creek
Element
Professional Services
Professional Services
Salaries Benefits
Eligible Reimbursement Activities Report
City of Port Angeles
Valley Creek Restoration Phase 3 Design
Item Unit
Professional services other Lump sum
Professional services other Lump sum
Salaries Benefits- other of FrE's
Project Number: 09 -1531 N
Approval: 12/10/2009
Quantity Descriotion
1.00 Hired Professional
Engineer Services
1.00 Professional Engineer
Services
0.37 City of Port Angeles
Staff Valley Creek
Committee
ELIGREIM RPT March 8, 2010 Page: 1
Milestone
TargetDate
CommentslDescription
Project Number:
Project Name:
Sponsor:
Project Manager:
X Milestone Complete
Critical Milestone
Project Start
Data Gathering Started
RFP Complete
I Bid Awarded /Consultant Hired
I Cultural Resources Completed
I Draft Rpt Reviewed by Mgmt Agy
Progress Report Submitted
I Annual Project Billing
Progress Report Submitted
Proposed Completion Date
Special Conditions Met
Final Report Completed
Project Complete
Final Docs /Billing to Mgmt Agy
Milestone Report By Project
09 -1531 N
Valley Creek Restoration Phase 3 Design
Port Angeles City of
Tara Galuska
12/10/2009
02/01/2010
04/01/2010
05/01 /2010
06/01/2010
07/01/2010
07/15/2010
03/01/2011
05/01/2011
05/01/2011
REQUIRED, Enter Progress Report
into PRISM
07/31/2010 I REQUIRED
01/15/2011 REQUIRED. Enter Progress Report
into PRISM
REQUIRED. Final Report form
available in billing forms or form project
manager
06/10/2011 PROJECT CLOSED. All expenditures
must be prior to this date.
09/10/2011 Sponsor has 90 days from project
complete date to submit all billings and
final report.
LESTO.RPT March 08, 2010 Page: 1
Press Release Template
Port Angeles City of offered grant to develop a plan or assessment for salmon
recovery.
(Port Angeles) Port Angeles City of was awarded a grant of $139,000.00 from the PSAR The grant
was awarded by the Salmon Recovery Funding Board (SRFB), and will be used for the following
The City of Port Angeles will use this grant to complete the design and permitting
components for a project to restore a portion of Valley Creek. The project will restore the
creek into a lengthened, meandering stream with fish passage structures. The creek is
home to winter steelhead, cutthroat trout and coho and fall churn salmon. This project is a
partnership between the city and the Valley Creek Committee, which previously worked to
restore the Valley Creek estuary.
There were sixty -one applications submitted for consideration in the PSAR. Each project went through
an evaluation process prior to being recommended for funding. The SRFB Board approved funding for
projects on Thursday, December 10, 2009.
Funding for the PSAR comes (new).
Contact: Scott Johns, (360) 417 -4752 (sponsor project manager)
Tara Galuska, (360) 902 -2953, tara.galuska @rco.wa.gov (SRFB project manager)
Professional Level Hourly Rates
Principal Engineer $130
Graphics Design and CAD (Dimension Drafting and Design) $65
Field Technician $30
Steve Toth (Toth Consulting),
Geomorphologist ..$120
Expense Rates
Waterfall Engineering, L.L.C.
2011 BILLING RATES
EXPENSE BILLING RATES
aTravel/Driving $70/hour
Mileage (per mile) Current Federal Standard
httn: /www. ssa. eov /nortal/content/ 100715
a Rate charged for travel beyond normal 8 am to 5 pm work hours.
FEE ON SUBCONTRACTS /SUBCONSULTANTS
Subcontracts /subconsultants 10%
Below are the hourly billing rates for the consulting services of Natural Systems Design.
These rates are fully burdened and are the lowest rates charged to our clients. These rates
are valid from January 1, 2011 until December 31, 2011.
Alan Johnson
Mike Hrachovec, P.E.
Steve Conroy, PhD
Pat Trotter, PhD
Nick Silverman, P E.
Joe Amman, P.E.
Marcia Fischer
Kelvin Andrews
Chanssa Young
Nick Boyce
Bob Keller
Maria Gutierrez
Natural Systems Design Billing Rates 2011
Staff Name Title
Principal Biologist
Principal Engineer
Senior Ecologist
Senior Ecologist
Project Engineer
Project Engineer
Restoration Ecologist
CAD GIS
CAD GIS
CAD GIS
Restoration Ecologist
Admin
Expenses charged at cost, including travel $0.50 /mi, pnnting $2 /sheet (full size).
Hourly
Rates
$150 00
$150.00
$125.00
$125.00
$115.00
$115 00
$105 00
$95.00
$90.00
$90.00
$90.00
$67.00
NT/
www nti4u com
EFFECTIVE JANUARY 1 2010 SUBJECT TO REVISION
G \Gen \Rate Schedule \Rate Schedule January 1, 2010 doc
NTI ENGINEERING LAND SURVEYING
717 SOUTH PEABODY STREET. PORT ANGELES. WA 98362
Engineers Land Surveyors Geologists
Construction Inspection Matenals Testing
13601452 -8491 FAX 452 -8498 www nti4u com E -Mail infoi )ntau com
TIME PLUS EXPENSE RATE SCHEDULE AND BILLING PROCEDURES
ENGINEERING AND LAND SURVEYING HOURLY RATE
PRINCIPAL ENGINEER OR SURVEYOR $95.00
GEOLOGIST, PROJECT ENGINEER OR PROJECT SURVEYOR $90.00
SENIOR TECH OFFICE OR LAB $75.00
SENIOR TECH FIELD INSPECTOR WITH EQUIPMENT (INCLUDES MILEAGE) $80.00
TECHNICIAN $65.00
TECHNICAL ASSISTANT .$40.00
LAND SURVEYING 1- PERSON FIELD CREW $110.00
LAND SURVEYING 2- PERSON FIELD CREW ...$140.00
LAND SURVEYING 3- PERSON FIELD CREW $175.00
CONSTRUCTION SURVEYING 2- PERSON FIELD CREW $150.00
CONSTRUCTION SURVEYING 3- PERSON FIELD CREW $185.00
COURT TESTIMONY DEPOSITIONS $175.00
1. Unless otherwise noted, hourly rates include materials, equipment and vehicular mileage.
2. Minimum charge for professional services is one hour for office consultation, two hours for field consultation,
and four hours for court testimony.
3. Work in excess of eight hours and Saturdays is to be billed at time and one -half; Sunday and Holidays at
double time. Travel in excess of eight hours will be billed at regular full time hourly rates listed above.
4. Non -salary reimbursable expenses will include the following items:
a. Items outside of general overhead costs, such as special legal and accounting expenses, special
consultants, backhoe services, laboratory charges, special copying services and printing and binding
at 10% above actual cost.
b. Government fees directly related to the project such as County survey recording fees and agency
review fees.
c. Out -of -town travel and living expenses related to the project. Travel time shall be hourly per rates
listed above.
MATERIALS TESTING LABORATORY SERVICES (Per item tests include all laboratory labor unless noted)
CONCRETE, MORTAR OR GROUT COMPRESSION TEST 30.00 Each
-For each cylinder logged into the lab break or not.
Includes curing, testing and reporting of specimens.
CONCRETE CYLINDER MOLD CAST BY OTHERS ADDED CHARGE 5.00 Each
DRY GRADATION (SIEVE) ANALYSIS (ASTM C -33 and C -136) 75.00 Each
WET GRADATION (SIEVE) ANALYSIS (ASTM C -117 and C -136) 150.00 Each
SAND EQUIVALENT (AASHTO D -4318 and ASTM D -2419) 100.00 Each
PROCTOR (SOIL MOISTURE DENSITY, ASTM D -698 or ASTM D -1557) 300 00 Each
LABORATORY TIME AFTER HOURS (3 HR MINIMUM) 100.00 Hour
SAME DAY CALL -IN FOR INSPECTION OR TEST (If an inspector is available.) 25.00 Charge
NOTE: Samples that require extra processing prior to testing or require the testing of a large amount of sample (i.e.
performing sieve analysis on material with large particle sizes) will be billed at an hourly rate.