Procurement_of_Goods_and_Services-Intake_Form_-_Ashley_Carabelos.msg

Procurement of Goods and Services-Intake Form - Ashley Carabelos

Pierce County

Procurement of Goods and Services-Intake Form

Entry Details

GENERAL INFORMATION

Division Planning and Public Works

Department Contract Specialist Ashley Carabelos

Email ashley.carabelos@piercecountywa.gov

Procurement Title On-Call Right-of-Way Services for Planning & Public Works

Purchase Type Services

Is this Federally Funded? No

Upload Federal funding supporting documentation Scope & Eval.docx Eval Team & Info.docx Sample Service Agreement.pdf

Project Summary See Attached

Project Background See Attached

CONTRACT TERM

Will this result in a project-specific or a blanket contract? Blanket contract

If this will be a blanket contract, what is the initial term of contract ? One year

Renewal Terms (if applicable) Four Years

What is the budget for this procurement? $1,000,000.00

Anticipated number of resulting contracts: Multiple

ANTICIPATED TIMELINE

Desired Contract Start Date 8/3/2026

Explain immediate need if there are time constraints Current agreements expire in October.

SCOPE OF WORK

Scope of Project See Attached

Deliverables See Attached

Minimum Requirements See Attached

VENDOR QUESTIONNAIRE

Questions Method List all questions in OpenGov

EVALUATION / SCORING

7. Will there be a Phase 2 Review Process No

Additional contacts who should receive a procurement notice? Yes

Name Ashley Carabelos

Email ashley.carabelos@piercecountywa.gov

Will someone else need to be added as an "Approver" in OpenGov? Yes

Name Ashley Carabelos

Email ashley.carabelos@piercecountywa.gov

Additional Contacts Fill In Please add Erica Grimm as an additional approver. Please provide PPW 1-2 weeks heads up to review prior to scheduling solicitation.

Scope & Eval.docx

PIERCE COUNTY

REQUEST FOR PROPOSAL

RIGHT-OF-WAY ON CALL SERVICES

FOR

PIERCE COUNTY PUBLIC WORKS

EXPECTED TERM OF RESULTING AGREEMENT

The initial contract term shall be for one (1) year. The contract may be renewed for four (4) additional one-year terms or until project completion.

DESCRIPTION OF SERVICES

Pierce County is intending to award one or more contracts to qualified Consultants who are capable of providing right of way acquisition and relocation services on an on-call or as needed basis.

These services will include, but are not limited to, negotiating with property owners to acquire property rights, relocation services, appraisal and appraisal review services in conformance with federal, state, and agency standards. The consultant would be under the direction of a County Right-of-Way Agent or Supervisor.

The County does not guarantee utilization through any resultant contract. Funding for the work will be from a combination of County, State, and Federal sources. All work must comply with Federal Highway Administration and Washington State Department of Transportation (WSDOT) regulations including those in the WSDOT “Local Agency Guidelines” (LAG Manual).

The successful firm will negotiate towards a Service Agreement (SA) for these services and will follow all the guidelines listed in Chapter 31 – Using Consultants in the WSDOT Local Agency Guidelines manual. A copy of this manual can be found at: http://www.wsdot.wa.gov./LocalPrograms/LAG/

Initial Estimated Value of Resulting Contracts: $1,000,000.00

SCOPE OF WORK

The Consultant may be utilized for specific County projects, as determined by the County on a written authorization basis. In some cases, the County may elect to assign only specific portions of a project, or in other cases, the entire project including auxiliary associated work to the Consultant.

The County may award multiple contracts under multiple categories: All Services, All Services EXCEPT Relocation, and Relocation Only. The issuance of work assignments to individual consultants under the same category shall be based solely on what is in the best interest of the County. There is no guarantee of quantity or amount of purchase of services under this agreement.

Each consultant responding to this RFP shall be prepared to provide the following services in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act (The Uniform Act) including, but not limited to:

A. Title Review

1. Review preliminary title commitments provided by the County for standard owner’s coverage, including each listed exception.

2. Review each title or easement coverage exception to determine which exceptions require removal, additional negotiations, or pose obstacles or delays to the acquisition process and make recommendations to the County.

3. Provide the County with a parcel summary memo that lists all ownerships, title exceptions, conflicting easements or other rights of record and comments or concerns for each parcel.

B. Preparation and Administration

1. Meet with the County to obtain background on the project, contracts, and preferences.

2. Prepare a variety of letters including but not limited to offer letters and acquisition documents on County standard forms in accordance with statutory requirements.

3. Prepare tracking and status documents, in a form satisfactory to the County (Actual Right of Way Cost Summary form to be provided by the County). Make verbal bi-weekly reports detailing the following information relative to each site to be acquired:

a. The number of contacts made in the preceding period.

b. The persons who were contacted.

c. Summary of the discussions.

d. The terms that were resolved or agreed to in principal.

e. The terms that are not resolved or agreed to in principal.

f. Recommendations by the Consultant for resolution of remaining issues.

g. Anticipated course of action by the Consultant in attempting to resolve remaining issues.

h. Copies of any documents under discussion in draft or final form.

4. The Consultant shall be available to meet in person with the County to discuss project progress and status.

5. No costs to be incurred for missing diary entries.

6. Charges for up to 2 revisions for document preparation. Additional revisions will not qualify for charges.

7. Only pre-approved personnel per project.

8. Charges are based on work performed not personal title/position.

9. Maintain records in accordance with statutory, regulatory and policy requirements.

10. Prepare parcel files, in a satisfactory format to the County, to include fair offer letters, documents, a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations.

C. Appraisal and Appraisal Review

1. Hire appraiser and review appraiser sub-consultants.

2. Manage preparation of a ROW Funding Estimate by the appraiser, form to be provided by the County.

3. Manage appraisal, appraisal review, and administrative offer summary (AOS) waiver valuations process.

4. Coordinate appraisal, appraisal review, AOS delivery schedule.

5. Review appraisals, appraisal reviews, and AOS in preparation for signature by the County.

D. Acquisitions

1. Present offer in person whenever possible.

2. Negotiate with each property owner and/or their representatives in accordance with statutory and regulatory requirements.

3. Negotiate as necessary with lien holders and easement holders to remove title defects.

4. Maintain a current detailed diary on each parcel in accordance with WSDOT Right of Way Manual.

5. Acquisition agent will perform "good faith negotiations," as defined by The Uniform Act and make a sufficient number of contacts with each owner in an effort to secure the needed property rights.

6. Out-of-area owners will be contacted by telephone and by certified mail.

7. Forward all administrative settlements to the County for approval.

8. If negotiations reach an impasse, the consultant shall provide the County with written notification. The filing and cost of condemnation proceedings shall be the responsibility of the County.

9. Draft and delivery the 10-day impasse letter notice, subject to prior County approval.

E. Relocations

1. Review the relocation plan provided by the County, or prepare the relocation plan, in accordance with the Uniform Act and any statutory and regulatory requirements. Identify special needs of displaced persons and problematic relocations; provide suggested resolutions for each. Amend relocation plan as necessary based on further field investigation.

2. Research available replacement properties using all available resources, including local real estate brokers, multiple listing services, local newspapers and publications.

3. Work with the County to determine eligibility, calculate entitlements, and determine statutory options for relocations consistent with the relocation assistance plan and federal and state regulations.

4. Prepare relocation documents using WSDOT's generic relocation forms from the Real Estate Services website. All notices, entitlements, and other documents must be approved by the County before presenting to the displaced person.

5. Provide relocation assistance and advisory services, including all notices, assistance with searches for replacement sites, Decent, Safe, and Sanitary inspections, coordination with move planners, assistance with appeal procedures and forms, and managing the relocation process until the displaced person is appropriately relocated.

6. Prepare tracking and status reports in a format satisfactory to the County.

7. Prepare relocation parcel files to include required notices, diaries, moving cost estimates, claim forms, and other items necessary for relocations.

8. Maintain a standard diary form (separate from the acquisition diary) indicating all contacts with displaced persons and other persons involved in the relocation process in accordance with LAG

Manual requirements, and other items necessary. Copies of all correspondence and any associated documents and/or maps are to be kept in the files.

9. Prepare and update a relocation schedule that outlines timeframes for various tasks including an estimated vacate date for each parcel.

10. Perform relocation in accordance with The Uniform Act, the WSDOT Right of Way Manual, the WSDOT LAG Manual, and/or any other applicable requirements.

11. For full property acquisitions, conduct a final walkthrough and collect keys from the property owner when payment is made.

F. Closing

1. Prior to sending file for closing, request date down on title report from the designated Title Company.

2. Obtain required County signatures on deeds and closing documents.

3. Follow established County procedure for closing parcels managed by Consultant.

4. Submit the necessary documents and instructions to the designated Title/Escrow Company.

5. Work with the Title Company to remove unacceptable exceptions and obtain title policies.

6. Review closing statements and obtain County signatures and approvals.

7. The County will perform all closings that do not require escrow, unless advised otherwise.

8. Deliver completed files and diaries in a form satisfactory to the County for necessary state and federal approvals within one month of closing.

G. Certification

1. Assure proper documentation for funding certification.

2. Provide certification advisory review services as necessary. This may include being available to the WSDOT auditor during their file review.

3. Meet with County and/or property owners as needed to discuss and assist in resolving any issues regarding the acquisition/relocation for the project.

4. Provide a closing report/punch list of any outstanding project or relocation claims and issues.

5. Complete WSDOT Parcel or Relocation Review Worksheets for each file.

PROPOSAL FEE:

The intended method of compensation will be based on Hourly Rates, please provide a list of fully burdened hourly rates by job classification for work to be provided as described in this RFP.

PROPOSAL REQUIREMENTS

Please provide the requested information for each category of work listed below:

1. Identify each category of work you would like the County to consider awarding to your firm:

· Category A: All services

· Category B: All services except relocation

· Category C: Relocation only

2. Working with Federal and State guidelines applicable to the acquisition of right-of-way for government agencies:

· Provide a list and brief description of up to three (3) projects your firm has completed within the last three (3) years that demonstrate your firm has the required expertise needed for these types of projects. Include the work/services provided on the projects, the number of parcels for each project, and the time it took to complete each project. Provide references for each project that can attest to your firm's ability to provide the required expertise/services needed for this project. Include the name, address, phone number, and primary contact for each reference.

3. Maintaining Records in accordance with statutory, regulatory, and local agency requirements:

· Provide a brief description of your firm’s experience maintaining records in accordance with statutory and regulatory agencies.

· Provide a brief description of your firm’s experience maintaining records in accordance with local agency specific requirements.

· Provide three (3) acquisition diaries for parcels your firm has worked on within the last three

(3) years.

4. Research and clearing title to real estate and/or reforming real estate escrow closing:

· Provide a brief explanation of your firm’s experience researching and clearing title for partial and full acquisitions.

· Provide a brief explanation of your firm’s experience performing real estate escrow closings or experience working with similar escrow companies.

5. Performing relocation services in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act:

· Provide a list and brief description of up to three (3) projects that your firm has completed within the last three (3) years that demonstrate your firm has the required expertise needed for these types of projects. Include the work/services provided on the projects, the number of relocations for each project, and the time it took to complete the relocations. Provide references for each project that can attest to your firm's ability to provide the required expertise/services needed for this project. Include the name, address, phone number, and primary contact for each reference.

· Provide the total number of relocations your firm has worked on under the Uniform Relocation Assistance and Real Property Acquisition Act within the last five (5) years.

· Provide three (3) relocation diaries for parcels your firm has worked on within the last three

(3) years. If your firm has not worked on three (3) relocations during the last three (3) years, please instead provide diaries for the last three (3) relocations your firm has worked on.

6. Providing Support to agencies for Project Certification:

· Provide a list and brief description of up to three (3) projects that your firm has completed within the last three (3) years that demonstrate your firm has the required expertise needed for these types of projects. Include the work/services provided on the projects and the number of parcels for each project and the time it took to complete the certification. Provide references for each project that can attest to your firm's ability to provide the required expertise/services needed for this project. Include the name, address, phone number, and primary contact for each reference.

7. The experience of the firm in hiring and managing appraisal and appraisal review subconsultants.

· Provide a brief description of your firm’s experience hiring and managing appraisal and appraisal review subconsultants.

· Provide a list of current appraisal and appraisal review firms your firm has current contracts with.

· Provide a list of appraisal and appraisal review firms that are anticipated to be utilized for this contract.

SUBMITTAL CHECKLIST

For proposals to be considered the following should be included in your submittal:

Name, local address, email address and phone number of the firm making the proposal.

The names and number of years the firm has been in business under current or previous names or additional assumed business names.

Name and title of the person authorized to execute a contract on behalf of the firm.

The name and resume of each individual assigned to this project and the individual assigned to back-up the primary person in his/her absence. Resumes are limited to one-side of one-page each.

A proposal that includes all items requested in sections 1-7, under Proposal Requirements.

Your approach to the work outlined under Scope of work, to include overall qualifications of the firm, resources and commitment to provide timely services, compliance with requirements, innovative offerings, services offered, and any other related, relevant information.

A complete rate sheet listing job classification required to complete the work outlined in the RFP.

References listing customers with contracts for similar services or volume requirements.

If needed, any additional services or procedures of benefit to the County not specifically required by this Request for Proposal, which the Contractor offers to provide.

A statement outlining any proposed exceptions to the County’s requirements or requested clarifications to the requirements. Firms should understand, however, that the County is typically unwilling to change the terms of its standard Professional Services Agreement, and a Firm’s inability to agree to those terms may be a basis for the County instead negotiating with one or more other Firms.

Required Signature Page for Proposal and all Addendum(s) with a legally binding signature.

By submitting a proposal, the proposer agrees that all documents, reports, proposals, submittals, working papers, or other materials prepared by the Contractor pursuant to this proposal shall become the sole and exclusive property of the County, and the public domain, and not the property of the Contractor. The Contractor shall not copyright, or cause to be copyrighted, any portion of said items submitted to the County because of this solicitation.

EVALUATION CRITERIA

Matters relating to qualification to meet the County's needs will receive highest priority in evaluation. Matters relating to the means of meeting those needs described in the proposal will be considered secondary. Actual prices may be used to select successful offerors, and pricing methods and flexibility offered by a proposer for use in negotiation of a resulting contract may be considered in evaluation. After a proposal is selected, the County expects to negotiate the details of work to be performed based upon the proposal and the County's needs and appropriate pricing of selected tasks. If negotiations fail for any reason, including price, the County may choose to negotiate with others to obtain an appropriate contract for needed services.

Firms will be evaluated on the following criteria:

1. Proposal Presentation: The information is presented in a clear, logical manner and is well-organized. All required information was provided. 10 points possible, Scored for Category A, B & C

2. Qualifications: How the overall qualifications of the firm and key individuals meet the needs of the County. 15 points possible, Scored for Category A, B & C

3. Capacity and Availability: The vendor has the size, resources and commitment to provide timely services based on the County’s needs. 15 points possible, Scored for Category A, B & C

4. Approach to the Work: The vendor’s approach to work, including compliance with requirements, innovative offerings, services offered, and other related matters. 15 points possible, Scored for Category A, B & C

5. Past Performance with work Provide to the County or references from similar agencies. 5 points possible, Scored for Category A, B & C

6. The experience of the firm working with federal and state guidelines applicable to the acquisition of right-of-way for government agencies. 25 points possible, Scored for Category A & B

7. The experience of the firm maintaining records in accordance with statutory, regulatory and local agency requirements. 5 points possible, Scored for Category A, B & C

8. The experience of the firm researching and clearing title to real estate and/or performing real estate escrow closing. 5 points possible, Scored for Category A & B

9. The experience of the firm performing relocation services in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act. 15 points possible, Scored for Category A & C

10. The experience of the firm providing support services for Project Certification. 5 points possible, Scored for Category A, B & C

11. The experience of the firm in hiring and managing appraisal and appraisal review subconsultants. 5 points possible, Scored for Category A & B

12. Pricing: Pricing is appropriate and in line with industry standards and firm experience. 5 points possible, Scored for Category A, B & C image1.jpeg

Eval Team & Info.docx Evaluation Team

Erica Grimm – Main point of contact

Brendenn Kralicek

Donna Johnson

Info

Replacing RFP 21-090

5-year term or until project completion

Multiple Agreements

Initial Estimated contract value $200,000.00

Current agreements expire October 2026

Sample Service Agreement.pdf

PC Services Agreement Page 1 of 25 SC-XXXXXX

CONTRACT FOR PLANNING AND PUBLIC WORKS

Title: Contract Number: SC-######

Start Date: End Date: Fiscal Year:

The County reserves the right to extend this Agreement for additional periods. The decision to extend is subject to the availability of funding, the continued priority of need for a specific service, and satisfactory performance by the Contractor during the period specified in this Agreement.

Notification of intent to extend Agreement for additional periods with the Contractor will occur prior to the expiration of this Agreement.

INITIAL CONTRACT FUNDING NOT TO EXCEED: $

Total Amount Per Fund Source – Fund sources are broken down and identified due to spending restrictions on each one.

Local

Contractor:

Mailing Address:

Contact Name: Title:

Phone: Email:

Fiscal Contact: Email:

Agency UBI:

Planning & Public Works Contract Team

Contract Owner: Email:

Program Contact: Email:

Finance Contact: Finance Email: pcpwcontractservices@piercecountywa.gov

NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and agreements contained herein, County and Contractor, mutually agree that Contractor shall provide the services and comply with the requirements set forth herein and the exhibits and attachments, incorporated by reference into this Agreement:

EXHIBITS AND ATTACHMENTS

A: Statement of Work E: Insurance Requirements B: Compensation and Financial Requirements F: Sample Work Assignment C: Contract Compliance Attachment 1: Prevailing Wage Compliance D: General Terms and Conditions

This Agreement, including all Exhibits, Attachments, Addenda, and other documents incorporated by reference, contains all the terms and conditions agreed upon by the parties. No other understandings and representations, verbal or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Contract and have authority to enter this Agreement.

Contractor Signature Printed Name and Title Date

Approved As to Form Only by Deputy Prosecuting Attorney

Date Finance Director Date

Department Director Date County Executive (over $250k) Date

PC Services Agreement Page 2 of 25 SC-XXXXXX

PC Services Agreement Page 3 of 25 SC-XXXXXX

EXHIBIT A – STATEMENT OF WORK

<<Contractor Name>>, hereinafter referred to as the “Contractor,” has been awarded an Agreement by Pierce County, hereinafter referred to as the “County”, reflected by the Total Contract Funding set forth herein on page one (1) of this Agreement. The Contractor shall use this funding to implement the Agreement requirements set forth below.

1. DEFINITIONS

For purposes of this Agreement, the term:

1.1. “Agreement” or “Contract” means this document and all Exhibits and other documents incorporated by reference, containing all terms and conditions agreed upon by the parties.

1.2. “RCW” means Revised Code of Washington.

1.3. “WAC” means Washington Administrative Code.

2. BACKGROUND AND PURPOSE

2.1. [Optional, brief statement of background, including statute or ordinance that required or authorized this service if applicable]

2.2. The purpose of this Agreement is to…

3. TERM OF AGREEMENT

3.1. The initial term of this Agreement begins on the Start Date listed on page 1 of this Agreement and ends on the End Date listed on page 1 of this Agreement.

3.2. This Agreement may be renewed for additional 12-month terms, at the County’s discretion and at a cost agreeable to the County, for a total maximum term of 5 years or until project completion.

4. SCOPE OF WORK

4.1. Task 1 – [Task Name]

4.1.1. The Contractor shall…..

4.2. Task 2 – [Task Name]

4.2.1. The Contractor shall…

4.3. Project Schedule

4.3.1. The Contractor shall adhere to the following project timeline in performance of this Agreement…

4.4. [Anything else not already covered]

5. MONITORING/COMPLIANCE

5.1. The County may monitor Contractor’s performance of the work and compliance with laws and regulations. Monitoring may include, but is not limited to:

5.1.1. Reviews of invoices and backup documentation.

5.1.2. Reviews of compliance with background checks, licensing and certification requirements, prevailing wage requirements, and other terms of this Agreement.

5.1.3. Physical observation and inspections of job site, if applicable.

5.1.4. Reviews of records related to the performance of this Agreement, including personnel and other records, policies, procedures, or service delivery data.

PC Services Agreement Page 4 of 25 SC-XXXXXX

5.1.5. Reviews regarding the quality, appropriateness and timeliness of services provided under this Agreement.

5.1.6. Inspections and/or audits of financial records.

5.2. The Contractor shall notify the County when an entity other than the County performs an audit or review described under this section related to any activity contained in this Agreement.

5.3. Upon request by the County, the Contractor shall provide access to records related to the performance of this Agreement.

5.4. Compliance with Laws and Regulations

5.4.1. Contractor shall provide services in compliance with:

5.4.1.1. The prevailing wage requirements of RCW 39.12, as described in Exhibit C – Contract Compliance.

5.4.1.2. List relevant CFRs, WACs, RCWs, etc. here if applicable.

5.5. General Compliance

5.5.1. List other general compliance requirements that are not already covered elsewhere in the Agreement.

6. REPORTING/DELIVERABLES

6.1. The Contractor is responsible for submitting all deliverables in a timely manner. Deliverables shall be outline in each work assignment and be submitted in the format that is identified or provided by the County. Deliverables shall be submitted to the County project manager unless instructed otherwise.

6.1.1. Monthly reports on each performance measure to include progress on each measure, status of outcomes, and outputs.

7. CORRECTIVE ACTION PLAN

7.1. If the Contractor defaults as defined in the Termination for Default section of the General Terms and Conditions, or is at risk of default, the County may require the Contractor to develop and execute a corrective action plan (CAP), which must be submitted for approval to the County within 30 calendar days of notification. CAPs may require modification of policies or procedures by the Contractor relating to the fulfillment of its obligations pursuant to this Agreement. The County may extend or reduce the time allowed for corrective action depending upon the nature of the situation.

7.1.1. CAPs must include:

7.1.1.1. A brief description of the situation requiring corrective action.

7.1.1.2. The specific actions to be taken to remedy the situation.

7.1.1.3. A timetable for completion of the actions.

7.1.1.4. Identification of individuals responsible for implementation of the plan.

7.1.2. Corrective action plans are subject to approval by the County, which may:

7.1.2.1. Accept the plan as submitted.

7.1.2.2. Accept the plan with specified modifications.

7.1.2.3. Request a modified plan.

7.1.2.4. Reject the plan.

PC Services Agreement Page 5 of 25 SC-XXXXXX

8. WORK ASSIGNMENTS. Contractor shall not perform any work under this Agreement unless authorized by a fully executed Work Assignment.

8.1. Work Assignment Definitions. For purposes of this section, the following terms have the meanings described:

8.1.1. “Contract Owner” means the Pierce County staff member responsible for managing the Contract and executing all Work Assignments.

8.1.2. “Project Manager” means the Pierce County staff member responsible for managing a specific Work Assignment.

8.1.3. “Work Assignment” or “Work Order” means the document that memorializes agreement between the Contractor and the County, pursuant to the terms of this Agreement.

8.2. Work Assignment Process.

8.2.1. The Project Manager will request a fee proposal for a scope of work requested by the County, within the scope of this Agreement. The Contractor shall not be reimbursed for costs associated with developing the fee proposal.

8.2.2. The Contractor shall submit a signed Work Assignment proposal to the Project Manager, containing the following information:

8.2.2.1. Description of the Work Assignment scope and deliverables.

8.2.2.2. Scope and deliverables of work to be done by subcontractors, if applicable.

8.2.2.3. Total Not to Exceed cost of the proposal, including:

8.2.2.3.1. Contractor’s personnel rates as negotiated;

8.2.2.3.2. Subcontractor hourly rates, if applicable;

8.2.2.3.3. Hours per person per task; and

8.2.2.3.4. Anticipated reimbursable costs.

8.2.3. Upon approval of a properly submitted proposal meeting the requirements above, the Contract Owner shall submit a Work Assignment to the Contractor for signature. The Work Assignment is executed upon signature of both parties.

8.3. Work Assignment Modifications. When either party becomes aware of the need to modify an existing Work Assignment, the party may initiate an amendment.

8.3.1. The Contractor may initiate the amendment by submitting a revised work assignment proposal; the County may initiate the amendment by requesting a revised work assignment proposal.

8.3.2. The Work Assignment amendment, if agreed to by both parties, shall be executed in the same manner as a Work Assignment.

8.4. Work Assignment Termination. The County may terminate a Work Assignment in the same manner as the Agreement. See the General Conditions of this Agreement.

8.5. In the event of any conflict between the compensation terms of a Work Assignment and the terms of Exhibit B, the terms of Exhibit B shall take precedence over those in the work assignments.

PC Services Agreement Page 6 of 25 SC-XXXXXX

EXHIBIT B – COMPENSATION AND FINANCIAL REQUIREMENTS

1. COMPENSATION

1.1. The County shall provide payment for satisfactory performance of the services as set forth in the Statement of Work in this Agreement, at the rates and in the amounts agreed upon in this

1.2. The County will not provide payment for:

1.2.1. Costs incurred prior to start date of this Agreement;

1.2.2. Any action subsequent to an order from the County for suspension or termination of the project except as may be reasonably necessary for the protection of life and property; or

1.2.3. Payment requests that include ineligible or inappropriate costs pursuant to state or federal laws and regulations (e.g., RCW, WAC, CFR), or as defined in this Agreement.

1.2.3.1. The Contractor shall refund to the County any payment or partial payment expended by the Contractor, subcontractors, or consultants which is subsequently found to be ineligible, inappropriate, or illegal.

1.2.4. Standard convenience copying is not reimbursable.

1.2.5. Non-allowable expenses that are not directly reimbursable include all types of computer resources (including computer systems, networking, printing, plotting, engineering software), communications (including cellular telephones, facsimile transmission, telephone/telecommunications), meals and travel/entertainment charges, unless specifically approved in advance by the County.

1.3. Compensation to Contractor: For the term of this agreement the maximum compensation to be paid to the Contractor shall not exceed the amount listed on page one of this agreement without the express written authorization of the County via amendment.

1.4. Method of Authorization to Contractor: The Contractor shall only perform those services identified in the Scope of Work (Exhibit A), which are specifically authorized by a written work assignment. All compensation to the Contractor for labor and non-labor costs must be pre-approved and authorized in the work assignment.

1.5. Method of Compensation to Contractor:

1.5.1. Labor Costs shall be compensated on the basis of actual paid labor hours expended on an authorized task by the County-approved individuals multiplied by the actual direct labor rate for the individuals; Plus

1.5.2. Overhead Allowance shall be compensated on the basis of direct Labor Costs multiplied by ###.##%; Plus

1.5.3. Professional Fee shall be compensated on the basis of direct Labor Costs multiplied by

1.5.4. Direct Costs (also referred to as “expenses”) excluding subcontractors, shall be compensated on the basis cost.

1.5.5. Subcontractors shall be compensated on the basis of actual cost plus 1.5%.

2. BUDGET

2.1. Payment under this Agreement shall be pursuant to the rates, payments, or fees listed in the table

PC Services Agreement Page 7 of 25 SC-XXXXXX below.

Labor Rate Table

Staff Member Labor

Classification Department

Labor Rate (Hourly)

Overhead Allowance

Professional Fee

Total Hourly Rate

2.2. All subcontractors shall be pre-approved by the County. Costs reimbursable by the County for subcontractor services, compensated by Contractor on a time and materials basis, shall not exceed the amount calculated using Overhead Allowance and Professional Fee percentages established for the Contractor in this contract, unless specifically approved in writing by the County in advance of subcontractor services.

2.3. The Contractor shall provide staff to perform all work authorized by the contract. The Contractor shall bill the County for actual paid project time at the same hourly rate specified in the Labor Cost Table for that employee/classification. Salary costs must be auditable and have been in effect for at least sixty (60) days prior to the execution date of this contract. No overtime rate shall be allowed unless specifically authorized by the County in advance of services.

2.4. Mileage will be reimbursed at the approved IRS rate at the time mileage is incurred. A report of mileage incurred shall accompany each invoice. Mileage will only be reimbursed for travel within Pierce Couty unless specifically approved in writing in advance by the County.

2.5. An adjustment in direct labor cost rates or hourly personnel rates may be allowed not more often than once every 12 months, provided that the first adjustment shall be effective no earlier than 12 months following the Start Date of this Agreement.

2.5.1. The adjustment must be submitted at least thirty (30) calendar days before its proposed effective date and shall specify the exact adjustment to the rates and state the new rate.

2.5.2. The adjustment must be approved in writing by the County, prior to invoicing the County.

2.5.3. Maximum adjustments shall be limited to the percentage change in Consumer Price Index for All Urban Consumers for the Seattle-Tacoma-Bellevue Metropolitan Statistical Area (Seattle Area) for the 12-month period ending with the most recent Seattle Area CPI release at the time the cost adjustment is submitted. However, the maximum adjustment shall not exceed five (5) percent in any year.

2.5.4. Adjustments not taken in one year cannot be added to the adjustment for a subsequent year. Adjustments will not be back dated.

3. BILLING AND PAYMENT

3.1. The Contractor shall bill the County monthly using an invoice form acceptable to the County. Each calendar month shall be considered a billing period.

3.2. The Contractor shall submit invoices to pcpwcontractservices@piercecountywa.gov no later than fifteen (15) calendar days after each billing period ends.

mailto:pcpwcontractservices@piercecountywa.gov

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3.3. The Contractor shall include the following items with each invoice:

3.3.1. The Contract Number.

3.3.2. The Pierce County Purchase Order Number (PO).

3.3.3. The Prevailing Wage Statement (if applicable)

3.3.4. The start and end date of the billing period.

3.3.5. The rates of each category of cost billed, including, if applicable:

3.3.5.1. Cost of each completed milestone for milestone-based payment;

3.3.5.2. Hourly personnel rates or direct labor rates for each staff member;

3.3.5.3. Cost of each category of direct cost to be reimbursed;

3.3.5.4. The exact percentage of overhead allowance, professional fee, and markup rates applied to each category, if allowed under the terms of this Agreement.

3.3.6. Documentation to support the amount of the request for reimbursement.

3.3.7. A brief narrative of the services provided, including:

3.3.7.1. Deliverables completed and submitted.

3.3.7.2. Progress made toward completion of any tasks or milestones.

3.3.7.3. Information required to be reported in Exhibit A – Statement of Work, and documentation to support the reported information.

3.4. The County shall issue payment no later than thirty (30) calendar days after receipt of a properly completed invoice. Invoices that are incomplete or missing required documentation may result in delayed payment.

3.5. The County reserves the right to modify the invoice form as necessary. The County will provide any revisions or changes to the Contractor in a timely manner.

3.6. Fiscal Year End. The Contractor shall:

3.6.1. For the final invoice of the current calendar year, submit the invoice to the County by no later than January 7th of the new year in order to ensure final payment is accrued.

3.6.2. For Agreements ending in any month other than December, submit the final invoice no later than the specific date to be provided by the County.

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EXHIBIT C – CONTRACT COMPLIANCE

1. Non-Segregated Facilities. The Contractor, by signature of this Agreement, certifies that no segregated facilities are maintained and will not be maintained during the execution of this Agreement at any of Contractor's establishments.

1.1. The Contractor further certifies that none of the Contractor's employees are permitted to perform their services at any location under the Contractor's control during the life of this Agreement where segregated facilities are maintained. The Contractor certifies further that they will not maintain or provide for the employees any segregated facilities at any of its establishments, and that they will not permit the employees to perform their services at any location, under his control, where segregated facilities are maintained.

1.2. The Contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this Agreement. As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom, or otherwise.

1.3. The Contractor agrees that identical certifications from proposed contractors will be obtained prior to the award of any subcontracts. Contractor will retain a copy of any subcontractor's certification and will send original to County.

2. Non-collusion and Debarment. The Contractor, also by signature of this Agreement, certifies that said firm, association or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of eligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

3. General Non-discrimination Information. It is the policy of the Pierce County Executive and County Council to foster an environment that encourages economic growth and diversification, business development and retention, increases competition and reduces unemployment.

3.1. In accordance with Initiative 200 and RCW 49.60, vendors seeking to do business with Pierce County shall not give preference in the award of subcontracts to any person or firm or discriminate against any person or firm on the basis of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

3.2. Pierce County will take measures necessary to ensure nondiscrimination in all contracts, programs and activities to help remedy the effects of discrimination against minorities and women, and to prevent the County from directly or indirectly participating in or perpetuating the effects of such discrimination.

3.3. All parties doing business with Pierce County are encouraged to utilize local businesses and County residents where qualifications and cost effectiveness are deemed competitive.

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EXHIBIT D – GENERAL TERMS & CONDITIONS

1. Accounting and Payment for Contractor Services. Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by Pierce County, payment shall be based upon billings, supported unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for Pierce County, (hereinafter referred to as the "Contracting Officer",) the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract.

Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, through the County voucher system for the Contractor's service pursuant to the fee schedule set forth in Exhibit "B."

2. Amendments. All amendments to this Agreement shall be in writing and signed by each of the parties.

3. Applicable Law and Venue. This Agreement shall be governed, construed, and interpreted according to the laws of the State of Washington. In the event either Contractor or County deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, Contractor and County agree that any such action or proceedings shall be brought in Pierce County Superior Court.

Contractor and County shall be responsible for their own attorney’s fees and costs.

4. Assignment and Subcontracting. No portion of this Agreement may be assigned to any other individual, firm, or entity without the prior express written approval of County. The County has the right to request copies of all subcontracts, agreements, or memorandum of understandings if subcontracting is approved.

All subcontracts must incorporate or include all terms and conditions of this Agreement.

5. Background Checks. The Contractor may be required to conduct criminal background checks on all staff, volunteers, and subcontractors accessing certain buildings or systems under this Agreement. Specific background check requirements may be included in Exhibit A, Statement of Work or a Work Assignment, if applicable.

6. Confidentiality. The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the Pierce County Prosecuting Attorney or an order entered by a court with jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees, and costs resulting from Contractor's breach of this provision.

7. Close-Out. Contractor shall submit to County at the end of the period of performance of this Agreement, all financial, performance, and other reports as required by Exhibits A and B of this Agreement.

8. Compliance with Laws. This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington, and to any other provisions set forth in Exhibit C.

9. Conflict of Interest and Code of Conduct. County may, in its sole discretion, by written notice to Contractor, terminate this Agreement if it is found, after due notice and examination by County or its agent that there is a violation of chapter 42.23 RCW, or any similar statute involving the Contractor in the procurement of, or performance of this Agreement. In the event this Agreement is terminated as provided

PC Services Agreement Page 11 of 25 SC-XXXXXX above, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of a breach of this Agreement by Contractor. The rights and remedies of County provided for in this section (9) shall not be exclusive and are in addition to any other rights and remedies provided by this Agreement or law. The existence of facts upon which County decides under this section (9) shall be an issue and may reviewed as provided in the Dispute Resolution section (14) below.

10. Contractor Commitments, Warranties, and Representations. Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes but is not limited to any written representation made after prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices, or options for future acquisition to remain in effect for a fixed period, or warranties.

11. Cooperative Purchasing. The Washington State Interlocal Cooperative Act RCW 39.34 provides other governmental agencies may purchase goods and services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties are willing. The Contract maximum for this contract per annual term, or for any renewal period, is for Pierce County’s use only. Other agencies may use this contract up to their contract limits, if any, exclusive of and in addition to the County’s contract maximum.

By ordering and providing service under terms of this contract to any other governmental agency or jurisdiction, the governmental agency and the Agency agree to indemnify, defend, and hold harmless Pierce County per section (13) below from any and all obligations, claims, or expenses, including attorney’s fees, arising out of such action.

12. Data Security. Contractor agrees to abide by and maintain adequate data security measures consistent with applicable laws and regulations and industry standards and best practices.

13. Defend, Hold Harmless, and Indemnity.

13.1. Contractor, and its officers, agents, employees, subcontractors, and/or consultants, agree to defend, indemnify and save harmless County and its appointed and elective officers and employees, from and against all loss or expense including, but not limited to, judgments, settlements, attorney’s fees and costs by reason of any and all claims and demands upon the County, and its elected or appointed officials or employees, for damages because of personal or bodily injury, including death, at any time resulting therefrom, sustained by any person or persons, or on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its officers, agents, employees, subcontractors, and/or consultants, successor or assigns, or the County, or its appointed or elected officers, employees or agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, or its appointed or elected officials or employees.

13.1.1. The preceding section (13.1) is valid and enforceable only to the extent of Contractor’s negligence where the damages arise out of services or work in connection with or collateral to, a contract or agreement relative to construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith, a contract or agreement for architectural,…