HomeMy WebLinkAbout4307 Resolution - PSA Sup. No. 1 - Anderson Perry for Citywide Traffic Signal Improv Phase 2 RESOLUTION NO. 4307
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE
SUPPLEMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH ANDERSON PERRY & ASSOCIATES, 1NC. FOR THE CITYWIDE
TRAFFIC SIGNAL IMPROVEMENTS PHASE 2 PROJECT.
WHEREAS,the City and Anderson Perry&Associates,Inc.,entered into a Local Agency
A&E Professional Services"Cost Plus Fixed Fee ConsultanY'Agreement(PSA)on November 18,
2022, to provide limited construction management services for the Citywide Traffic Signal
Improvements Phase 2 project; and
WHEREAS, the original scope of work focused on early construction activities (prior to
groundbreaking) including review of submittals and requests for information, etc.; and
WHEREAS, the City and Anderson Perry & Associates, Inc. desire to enter into
Supplement No. 1 to the PSA in order to contract for construction management services during the
totality of the construction phase of the project, consistent with the original solicitation.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO,WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
Supplement No. 1 to the Professional Services Agreement between Anderson Perry&Associates,
Inc. and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference
as Exhibit A.
Be It Further Resolved that the Interim City Manager of the City of Pasco, Washington,
is hereby authorized, empowered, and directed to sign and execute said Supplement on behalf of
the City of Pasco; and to make minor substantive changes as necessary to execute the Agreement.
PASSED by the City Council of the City of Pasco,Washington,on this 6�`day of February,
2023.
,
Blanche Bara�as
Mayor
ATTEST: AP TO ORM:
��� � � �
Debra Barham, CMC Kerr Ferg w, PLLC
City Clerk City rrieys
Resolution—Supplement to PSA with Anderson Perry—Citywide Phase 2 Project- 1
EXHIBIT A
�
� Washingta�State
Department of'iY�ansportation
Suppiemental Agreement Organization andAddress
Number ��o r 4 Anderson Perry&Associates,Inc.
Originai Agreement Number P•O.Box 1687
Walla Walla,WA 99362
STPUL-9911(011)
Phone:
Project Number Execution Date Completion Date
O 1/31/2026
Project Title New Maximum Amount Payable
Citywide Traffic Signal Improvements-Phase 2 $3��,720.63
Description of Work
This project generally includes the construction of traffic signal and Americans with Diasbilities Act(ADA)
compliartt pedestrian improvements at eleven(11) intersections throughout the City of Pasco, Washington
(AC"iENCY). Anderson Perry &Associates, Inc. (CONSTULTANT)will provide constructian management
and full time on-site construction observation for the project.
The Local Agency of �
desires to supplement the agreement entered in to with An�pr��n p m'&A�snciates,Inc.
and executed on 11/18/2022 and identified asAgreement No. 7 14
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
The attached scope in Exhibit B is added to the project in addition to the scope of work in the original
agreement.
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: A» �P1;vPrahl�s will be�rovided to the City no later thari Q1/31/2026
III
Section V, PAYMENT, shall be amended as follows:
This supplemental agreernent shall increase the contract price by $322,132.93 for the services outlined in
Exhibit B. This will increase the total authorized contract amount from $48,587.70 to $370,720.63.
See attached Exhibits C and D for a budget summary.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
gy, gy:�t,y nf Pasco
�
onsultan ignature Approving Authority Signature
Date
DOT Form 140-063
Revised 09/2005
Exhibit "A"
Summary of Payments
Basic Supplement#1 Total
Agreement
Direct Salary Cost 15,426.00 101,772.00 117,198.00
Overhead 28,859.50 171,828.01 200,687.51
(Including Payroll Additives)
Direct Non-Salary Costs 1,300.00 13,930.44 15,230.44
Fixed Fee 3,002.20 34,602.48 37,604.68
Total 48,587.70 322,132.93 370,720.63
DOT Form 140-063
Revised 09/2005
EXHIBIT B
CITY OF PASCO,WASHINGTON
CITYWIDE TRAFFIC SIGNAL IMPROVEMENTS—PHASE 2
CONSTRUCTION ADMINISTRATION SERVICES
SCOPE OF WORK
BACKGROUND
This project generally includes the construction of traffic signal and Americans with Disabilities Act(ADA)
compliant pedestrian irnprovements at eleven {11) intersections throughout the City of Pasco (AGENCY).
Anticipated intersections to be improved include:
• Court Street&Road 32
• Court Street& Road 36
• Court Street& Road 40
• Sylvester Street&4th Avenue
• Sylvester Street&5th Avenue
• Sylvester Street& 10th Avenue
• Sylvester Street&28th Avenue
• Ainsworth Street & 10th Avenue
• Argent Road &Road 68
• Argent Road &Road 80
• Argent Road &Road 84
In general,the CONSULTANT will provide construction management for the project including, but not be limited
to,the following key components and deliverables:
• Construction Management and Administration
• On-Site Construction Observation (based on a 90-working day contract and 20 additional days for
changes)
• Review and Approve Material Submittals
• Daily Observation Reports
• Daily Bid Item Quantity Tracking
• Oversee and Schedule Material Testing Services
• Track and Issue Weekly Statements of Working Days
• Review and Assist with Preparing Contractor Monthly Pay Estimates and Submit to the City of Pasco
(AG E NCY)
• Review Contractor Proposals for Alternate"Or Equal" Materials
• Schedule and Attend On-Site Construction Meetings
• Complete WSDOT Documentation
• Submit Monthly Invoices to the AGENCY for Services Performed
• Coordinate with Stakeholders and Funding Agencies
i/z�/zozs Anderson Perry&Associates,lnc.
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• Prepare Project Closeout Paperwork
• Conduct Final Project Walkthrough
• Prepare and Submit Construction Record Drawings
DUTIES AND RESPONSIBILITIES OF ANDERSON PERRY&ASSOCIATES, INC. (CONSULTANT)
TASK 1- PROJECT ADMINISTRATION
The CONSULTANT will oversee project tasks and coordinate with AGENCY representatives to manage the scope,
schedule, and budget for the construction management, administration,on-site observation,and materials
testing services associated with this project.
1.1 Contract Administration, Invoicing,and Progress Reports
1. Prepare and submit monthly invoices to AGENCY. Each invoice will include the date period covered
by the invoice,the number of hours worked during the billing period with billing rates shown,
expenses and associated markups,the total cost for labor and expenses,and a total amount
summarizing labor, expenses, and subconsultant fees.
2. Prepare a Contract Summary Report to accompany the monthly invoices.The Contract Summary
Report will list each invoice, including the current invoice with an itemized summary of invoice
numbers,dates, and amounts billed for labor,expenses, and subconsultants,as well as the total
amounts for each invoice.The Contract Summary Report will also list the total amount billed to
date,total amount remaining under the contract,and the contract expiration date.
3. Prepare a brief Project Status Report to accompany the monthty invoices.The Project Status Report
will include the date period covered by the report and a brief summary of the work performed
during the billing period.
4. Project management. General coordination with the AGENCY,subconsultants,other consultants,
and stakeholders,as well as ongoing monitoring of tasks and resources.
5. Maintain all contract-required documentation. Provide copies of project files and records to the
AGENCY for audits and public information requests.All final documents will be provided in
" electronic format as requested.
Deliverables
❑ Monthly Invoices,Contract Summary Reports,and Project Status Reports
❑ Project Documentation
TASK 2- CONSTRUCTION ADMINISTRATION
2.1 Construction Management and Administration
The CONSULTANT will provide complete construction management and administration services, acting
as the AGENCY's representative.Construction management and administration duties will include the
following:
• Coordinate and oversee on-site observation and material testing services(material testing to be
provided by the AGENCY contracted testing firm).
• Receive, review, maintain,and approve all material submittals, RFIs and create ROM and RAM,
as required. Copies of all submittal correspondence will be provided to the AGENCY.
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• Receive, review,and determine the acceptability of any and all schedules provided by the
Contractor, including the Progress Schedule,Schedule of Submittals,and Schedule of Values.
• Track and issue Weekly Statements of Working Days.
• Review the Contractor's proposed Monthly Pay Estimates and provide them to the AGENCY for
review and approval.
• Review the Contractor's requests for change orders and prepare change orders for approval by
the AGENCY.
• Schedule and attend on-site construction meetings.
• Coordinate with stakeholder and funding agencies.
• Coordinate with utilities and transit.
• Attend up to three City Council meetings(if requested)and support AGENCY's public outreach
efforts.
• Complete WSDOT required construction documentation including DBE, EEO,and Training Goals.
Deliverables
❑ Copies of Approved Material Submittals
❑ Copies of all Schedules Provided by the Contractor
❑ Weekly Statements of Working Days
❑ Monthly Pay Estimates
❑ Change Orders
❑ On-Site Construction Meeting Minutes
❑ Copies of all Written Communications with the Contractor
❑ Pay Estimate Ledger Spreadsheet
❑ Construction Documentation
2.2 Construction Observation
The CONSULTANT will provide on-site construction observation services(based on a 90-working day
contract). In addition to the 90 days of full-time observation, 20 days for project overruns, punch list
work, and times when additional assistance may be necessary.The CONSULTANT's Construction
Representative will be the CONSULTANT's agent for the project and will act as directed by,and under
the supervision of,the CONSULTANT.The Construction Representative's dealings in matters pertaining
to the Contractor's work in progress will, in general, be with the CONSULTANT and Contractor, keeping
the AGENCY advised as necessary.The Construction Representative's dealings with subcontractors will
only be through, or with the full knowledge and approval of,the Contractor.The Construction
Representative will generally communicate with the AGENCY with the knowledge of, and under the
direction of,the CONSULTANT.The CONSULTANT's Construction Representative's responsibilities will
include the following:
• Serve as the CONSULTANT's liaison with the Contractor,working principally through the
Contractor's superintendent,to assist in providing information regarding the intent of the
Contract Documents.
• Assist the CONSULTANT in serving as the AGENCY's liaison with the Contractor when the
Contractor's operations affect the AGENCY's on-site operations.
• Assist in obtaining additional details or information from the AGENCY when required for proper
execution of the work.
• Report to the CONSULTANT when clarifications and interpretations of the Contract Documents
are needed.Transmit any clarifications and interpretations issued by the CONSULTANT to the
Contractor.
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• Consider and evaluate the Contractor's suggestions for modifying the Drawings or Specifications
and report the suggestions,together with construction representative's recommendations,to
the CONSULTANT.Transmit CONSULTANT decisions to the Contractor in writing.
• Conduct on-site observation of the project to ensure all work is completed in accordance with
the Contract Documents.Advise the CONSULTANT of any special conditions encountered.
• Coordinate with the CONSULTANT in advance of scheduled major construction events,tests,and
systems startups.Verify that appropriate AGENCY personnel are present,and that adequate
records are kept for necessary testing.
• Prepare a daily report recording all pertinent information such as the Contractor's hours on site,
weather conditions,data relative to potential Change Orders, Field Orders,changed conditions
and Summary of Force Account/Estimated Items completed,site visitors, daily activities,and
decisions.
• Coordinate/communicate construction activities with adjacent property owners and the general
public.This work may include impromptu discussions with residents/property owners,and/or
scheduling meetings to discuss issues.
• Coordinate with private utility companies if utility conflicts exist.
• Immediately notify the CONSULTANT of any site accidents, emergencies,acts of God
endangering the work,site personnel issues,or property damage.
• Review the Contractor's pay estimates to ensure work being paid for is complete.Track and
process materials-on-hand in accordance with the Contract Documents.
• Track bid item quantities daily.
• Confirm that the Contractor follows Erosion Control elements.
Deliverables
❑ Daily Observation Reports
❑ Daily Tracking of Bid Item Quantities
2.3 Materials Testing
The CONSULTANT will coordinate all materials testing.This work will include the following:
• Schedule the AGENCY provided qualified testing firm for on-site materials testing and laboratory
testing of base course,top course,soils,concrete,and asphalt as required in the
Contract Documents and at the frequency specified in the WSDOT Construction Manual.
Deliverable
❑ Materials Test Reports
Assumptions
• The AGENCY has a contracted testing firm,and costs for testing will be paid for directly by the
AG E N CY.
• WSDOT Testing of signal components and signage will be paid for directly by the AGENCY.
2.4 Traffic Construction Engineering(By DKS ASSOCIATES[SUBCONSULTANT])
The SUBCONSULTANT will be available to answer Contractor questions during the construction period
and review submittals and shop drawings fortraffic signals, pedestrian signal displays,traffic signal
cabinets,signal mast arms, lighting, signing/striping materials. In addition,the SUBCONSULTANT will
provide construction observations periodically throughout the construction phase. A total of three field
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visits are assumed for this task. Review of sign shop drawings is included. See attached Exhibit B-1, DKS
Associates scope of work for a more detailed description.
TASK 3- PROJECT CLOSEOUT
The CONSULTANT will perform project closeout work,including the following:
1. Conduct a pre-final walkthrough, complete substantial completion paperwork,and prepare and
implement the project punch list.
2. Conduct a final project walkthrough and prepare project closeout paperwork.
3. Prepare and submit construction Record Drawings from the Consultant's red line drawings and red line
drawings provided by the Contractor.
4. Participate in the one-year correction period inspection.
Deliverables
❑ Substantial Completion Paperwork
❑ Project Punch List
❑ Project Closeout Paperwork
❑ Construction Record Drawings
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Exhibit B-1
City of Pasco
City-Wide Traffic Signal Improvements Phase 2—
Engineering Support During Construction
Amendment#1
DKS Associates
12/27/2023
Purpose
DKS(CONSULTANT)will provide engineering support during the construction of the Pasco City-Wide
Traffic Signal Improvement Phase 2 project. CONSULTANT's scope only covers traffic signals and
pavement markings.
This amends the Early-start contract,which includes PMs, RFIs, and RAMs reviews.
Task 1 Coordination, Meetings, And Field Visits
This task is supplemented with the following:
DKS staff will attend the following meetings onsite:
• One site visit for signal timing implementation, up to consultant staff(onsite)
� One site walkthrough at substantial completion, up to two consultant staff(onsite)
Task 2 RFIs and RAMs
The task is supplemented with the following:
The CONSULTANT will evaluate the need for plan revisions with the City and provide plan
revision as agreed.
The task assumes the following:
• Design plan revisions to assist in change orders by others(up to 8 sheet revisions,8
hours average per sheet,due dates to be discussed and agreed upon with the CLIENT
upon receipt of request)
Task 3. Signal Timing Development And Implementation
The CONSULTANT will review and update basic timing parameters for the 11 project intersections where
the project will be completing signal modifications. Basic timing parameters to be updated include:
• Pedestrian timing parameters:Walk and Flashing Don't Walk will be updated to meet current
MUTCD guidelines using 3.5ft/s walking speeds.
• Yellow and Red clearance timings
• Minimum Green Times
• Maxirnum Green Times
• Detector gap timing parameters will be reviewed for potential adjustments due to discontinued
use of advanced detection (stop bar detection only)
The CONSULTANT will provide the basic timing parameters for each intersection in an agreed-upon
format. The CONSULTANT will assist with implementation in the field and observe operations during
the AM, Midday,and PM peaks.The CONSULTANT will update the Maximum Green Times and/or the
detector settings,as needed,to optimize the traffic signal operations.
The following intersections will be analyzed for timing updates:
• W Court St and Road 32
• W Court St and Road 36
• W Court St and Road 40
• W Sylvester St and N 4t''Ave
• W Sylvester St and N 5th Ave
• W Sylvester St and N lOt"Ave
• W Sylvester St and N 28th Ave
• W Ainsworth St and S 10th Ave
• W Argent St and Road 68
• W Argent St and Road 80
• W Argent St and Road 84
Assumptions
• The City will provide turning movement count data for the peak periods
• The City will provide current signal timing cards
• The City will provide guidelines for pedestrian and vehicle clearance time calculations
Deliverables:
• Summary of basic local timing parameters in an agreed-upon format
• Implementation Site Visit Notes
�� anderson EXHIBIT C
g��m�,�.
� � � � 'ro ������ CITY OF PASCO,WASHINGTON
CITYWIDE TRAFFIC SIGNAL IMPROVEMENTS-PHASE 2
CONSTRUCTION ADMINISTRATION SERVICES
CONSULTANT COST COMPUTATIONS
Classification Estimated Hours Ran�e Avera�e Rate Cost
Senior Engineer VII-VIII 45 63-68 $ 65.00 $ 2,925.00
Senior Engineer V-VI 65 59-62 $ 60.00 $ 3,900.00
Senior Engineer I-IV 660 52-58 $ 56.00 $ 36,960.00
Engineering Technician V-VI 140 36-40 $ 38.00 $ 5,320.00
SeniorTechnician III-V 1,000 32-39 $ 35.00 $ 35,000.00
Senior Technician I-III 160 32-36 $ 33.00 $ 5,280.00
Total Direct Salary Cost(DSC) $ 89,385.00
OVERHEAD(OH Cost-including Salary Additives�:
OH Rate x DSC of 167.03% X $ 89,385.00 $ 149,299.77
FIXED FEE(FF):
FF Rate x DSC of 34.00% X $ 89,385.00 $ 30,390.90
REIMBURSABLES:
Equipment, Mileage,and Etc. $ 3,670.44
Procore Fee $ 6,660.00
Total Reimbursables $ 10,330.44
Subtotal (Consultant Total): $ 279,406.11
Subconsultant Costs(See Exhibit Ej:
DKS Associates $ 42,726.82
Total Subconsultant Costs $ 42,726.82
TOTAL DESIGN ENGINEERING SERVICES: $ 322,132.93
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Departrner�t of 7Yansportat�vr� po e�a74�osc�om�
Olympia,WA 9$504-7d08
� 7345 Undenson Way 5W
Tumwrater.WA 88501-6564
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January 24, 2023
Anderson Perry &Associates, Inc.
1901 N Fir Street
La Grande, OR 97850
Subject: Acceptance FYE 2021 ICR—Risk Assessment Review
Dear Timothy Cox:
Based on Washington Sta.te Department of Transportation's (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2021 ICR of 167.03% of direct labor (rate includes 0.19%Facilities Capital Cost
of Money). This rate will be applicable for WSDOT Agreements and Local Agency
Contracts in Washington only. This rate may be subject to additional review if
considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at(360)705-7019 or via email
consultantrates��cr wsdot.wa.�ov.
Re ards;
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SCHATZIE HARVEY, CPA
Contract Services Manager
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October 15, 2021
DKS Associates, Inc.
720 SW Washington Street, Suite 500
Portland, OR 97205
Subject: Acceptance FYE 2021 ICR—CPA Report
Dear Mike Thomas:
We have accepted your firms FYE 2021 Indirect Cost Rate (ICR) of 181.87%of direct
labor(rate includes 0.11%Facilities Capital Cost of Money)based on the"Independent
CPA Report,"prepared by Moss Adams,LLP. This rate will be applicable for WSDOT
Agreements and Local Agency Contracts in Washington only. This rate may be subject
to additional review if considered necessary by WSDOT. Your ICR must be updated on
an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreemendcontract.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (3b0) 705-7019 or via email
consultantrates u wsdot.wa.��ov.
Regards;
�✓��
E IK K. JONSON
Contract Services Manager
EKJ:ah
Local Agency A�E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number: 17014
Firm/Organization Legal Name (do not use dba's}: �
Anderson Perry&Associates,Inc.
__.,_ _r_---------- ------ __ _� - - = – - -- - —
Address Federal Aid Numbe�
P.Q. Box 1687,Walla Walla, Washi.ngton 99362 STPUL-9911(O11)
UBI Number Federal TlN or S5N Number
600-337-832 93-�640493
Execution Date Completion Date
� i � -'12 , ! _��
1099 Form Required Federal Participation
❑ Yes Q No [{] Yes ❑ No
Project Title
Citywide Traffic Signal.Improvements-Phase 2- Const�ruction Administration Services
Description of W�rk
This project generally includes the construction of traffic signal and Americans with Disabilities Act(ADA}
compliant pedestrian improvements at eleven(11)intersections throughout the City of Pasco,Washington
(AGENCY). Anderson Perry&Associates, Inc. (CONSULTANT)will provide pre-construction assistance as
outlined in the Scope of Work. In addation,review and redesign of eight(8)ADA ramps by the
CONSULTANT is included.
❑ Yes ❑� �!o DBE Participation Total Amaunt Authorized: $48,587.70
❑ Yes ❑� No MBE Participation Management Reserve Fund:
❑ Yes Q No WBE Participation
Maximum Amount Payable:
❑ Yes Q No SBE Participation
lndex of Exhibits
Scope of Work
Exhibit l7 DBE Participation �
Exhibit C: Preparation and Delivery of Electxonic Engineering and Other Data
Exhibit T' Prime Consultant Cost Camputations
Exhibit F 5ub-consultant Cost Computarions
Exhibit F Title VI Assurances
Exhibit(�; Certification Docunaents
Exhibit l� Liability Insurance Increase
Exhibit 1 Alleged Consultant Design Error Procedures
Exhibit J Consultant Claim Procedures
Agreement Number: 17014
_ _._.__,_ .. ____. ___ ___---.__._._..
Loca/AgencyABE Professiona!Servfces Cost Plus Fixed Fee Consuftanf Agreement Page 1 of!4
RQ�r�A.r n�in�i�m�
THIS AGREEMENT,made and entered into as shown in the"Execution Date"box on page one(1}ofthis
AGREEMENT,between the City of Pasco �
hereinafter called the"AGENCY," and the"Firm/Organization Na.nne"referenced on page one(1)of this
AGREEMENT,hereinafter called the "CONSULTANT."
WHEREAS,the AGENCY desires to accomplish the work referenced in"Description of Work"on page one(1)
of this AGREEMENT and hereafter called the"SERVICES;" and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS,the CONSLTLTANT represents that they comply with the Washington State Statutes relating
to professional registration,if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE,in cansideration of the terms,conditions,covenants, and performance contained herein,
or attached and incozporated and made a part hereof,the parties hereto agree as follows:
I. Generaf Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services,labor,
and related equipment and,if applicable, sub-consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Wozk and projected level of effort required for these SERVICES is described in Exhibit"A"attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies,groups, and/or
individuals shall be coordinated through the AGENCY. The CONSiJLTANT shall attend coordination,progress,
and presentation meetings with the AGENCY and/or such State,Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSLTLTANT and shflwn in Exhibit"A."
The CONSULTANT shall prepare a rnonthly progress report,in a form approved by the AGENCY, which will
outline in written and graphical foz�m the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State,and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed undex
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
o�Washington.
Agreement Number: 17014
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Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26, sha11 be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" atta.ched hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firna they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amoiu�t of this AGREEMENT. It is recomrnended, but not required, that non-DBE Prime CONSULTANTS
perform a minixnum of 30%of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary,the autreach efforts to provide SBE maximum practicable opportunities axe not.
The CONSULTANT, on a monthly basis, sha11 enter the amounts paid to all firms (including Prime}
involved with this AGREEMENT into the wsdot.diversitvcompliance.com pro�rarn. Payment information
sha11 identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTAN I'by the AGENCY shall be reiurned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as ou#lined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specif cations, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through ar
on behal� of the AGENCY of any such instruments of service, not occurring as a part of thi.s SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by{i) certified mail,return receipt requested, or(ii)by email or facsimile,to the address set forth below:
Tf to AGENCY: If to CONSULTANT:
Name: Jacol� Sevigny,P.E. Name: Jake Hollopetex,P.E.
Agency: City of Pasco Agency: Anderson Perry&Associates,Inc.
Address: 525 North 3rd Avenue Address: 214 East Birch Street
City: Pasco State: WA Zip: 99301 City: Walla Walla State: WA Zip: 99362
Email: sevignyj@pasco-�c�va.gov Email: jhollapeter@andersonperry.com
Phone: (509)544-4129 Phone: (509) 529-9260
Facsimile: Facsimile: (509} 529-8102
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled"Completion Date."
The esta.blished completion time sha11 not be extended because of any delays attributable to the CONSiJLTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
C4NSULTANT. A prior supplemental AGREEMENT issued by the AGENCY, is required to extend the
established completion time.
Agreement Number: 17014
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V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for a11 lahor, materials,supplies, equipment, and incidentals necessary to camplete SERVICES,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (w�ur��.ect'r.�o��}. The estimate in support of the Cost Plus Fixed Fee arnount is attached hereto as Exhibits
"D"and"E"and by this reference made part of this AGREEMENT.
A. Actual Costs: Payrnent for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non-salary costs.
1. Direct(RAW)Labor Costs:The Direct(R.AW)Labor Cost is the direct salary paid to principals,
professional,technical, and clerical personnel for the time they are productively engaged in work necessary
to fulf'ill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR}Costs: ICR Costs are those costs, other than direct costs,wluch are included as such
on the books of the C4NSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the TCR rates shown in attached Exhibits "D" and"E" of this AGREEMENT. Tota1
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSLJLTANT
the actual ICR costs verified by audit,up to the Maximum Total Amount Payable,authorized under this
AGREEMENT,when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits"D"and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSUI,TANT (prime and
all A&E sub-consultants)will submit to the AGENCY within six{6)months after the end of each firm's I
fiscal year, an ICR schedule in the format required by the AGENCY(cost category,dollar expenditures,etc.)
for the purpose of adjusting the ICR rate for billiangs received and paid during the fiscal year represented by
the ICR schedule. It shall also be used for the computation of progress payments during the following year
and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will
be sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the pri�xne CONSLJLTANT or any of their A&E sub-consultants I
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required
information is received az�.d an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
xate,if they so desire.
3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. (excluding Meals,which are reimbursed at the per diem rates identified in this section)
These chaxges may include,but are not limited to,the following items: iravel,printing,long distance
telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed
only to economy class levels unless otherwise appraved by the AGENCY. The CONSLTLTANT shall
comply with the rules and regulations regardi�ng travel costs (excluding air,train, and rental car costs)in
accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs sha11 be reimbursed in accordance with 48 Code of Federal
Regulations (CFR)Part 31.2�5-46"Travel Costs."The billing for Direct Non-Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents sha11 be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT. AgreementNumber: 1�014
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4. Fixed�'ee: The Fixed Fee,which represents the CONSLTLTANT'S profit, is shawn in attached Exhibits "D"
and"E"of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters inta a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid manthly in proportion ta the percentage of work completed by the CONSLILTANT and reported
in the Monthly Progress Reports accornpanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled"Termination of Agreement."
5. Management Reserve Fund(MRF):The AGENCY may desire to establish MRF to provide t1�e Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in
tlus AGREEMENT. Such authorization(s}shall be in writing and shall not exceed the lesser of$100,000 or
10%of the Tota1 Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additivnal costs in excess of the MRF shall be made in accordance with Section XIII,
"Extra Work."
6. M�imum Total Amount Payable:T'he Maximum Total Amount Payable by the AGENCY to the
CONSLILTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The M�imum Tatal Amount Payable is comprised af the Total Amount Authorized,and
the MRF. The Maximum Total Arnount Payable does not include payment for Extra Work as stipulated in
Section XIII,"Extra Work."No minimum amount payable is guaxanteed undez tk�is AGREEMENT.
B. Monthly Pxogress Payments: The CONSLJLTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee an a monthly basis during the progress of the work, Such billings
shail be in a format appraved by the AGENCY and accompanied by the monthly progress reports required under
Section III,"General Requirements"of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct(RAW)Labor, Direct Non-Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW)Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names,titles,Direct(RAW)Labor rates,and present duties of those eznployees performing work
on the PROJECT at the tirn.e of the interview.
C. Final Payment: Final Paym.eant of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verifica�ion by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable,upon receipt of all PS&E,plans, maps, notes,rep�rts, electranic data and otbex related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment hy
the CONSULTANT shall constitute a release of all claims for payment, which the GONSIJLTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance, Said Final Payment shall not,however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
af final audit; all required adjusttnents will be made and reflected in a final paym.ent. In the event that such
final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to
the AGENCY within thirty (34) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty(20)working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
Agreement Number: 17014
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D. Inspection of Cost Records: The CONSIJLTANT and their sub-cunsultants shall keep available for inspection
by representa.tives of the AGENCY and the United States, for a period of six {6)years after receipt of final
payrnent,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upan
these records with the follawing exception: if any litigation,claim ox audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of tlae six (6)year period, the cost records and
accounts sha11 be retained until such litigation, claim, or audi#involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any,will he performed by the
State Auditor,WSDOT's Internal Audit Office andlor at the request of the AGENCY's Project Manager.
VI. Sub-Contracting
The AGENCY pernuts subcontracts for those items of SERVICES as shown in Exhibit"A"attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subconiracting shall create,between the AGENCY
and sub-consultant, any contract or any other relationship.
Coxnpensation for this sub-con.sultant SERVICES shall be based on the cost factors shown on.Exhibit"E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-
consultant cflst estunate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V"Paytnent Provisions"herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT,and the CONSULTANT shall require
each sub-consultant or subcontractor, of any tier,to abide by the terms and condrtions of this AGREEMENT. With
respect to sub-consultant payment,the CONSULTANT shall comply with a11 applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
'The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color,national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirenaents of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the
CONSULTANT to can.y out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VI1. Employment and �rganizational Conflict of Interest
The CONSULT.ANT warrants tfiat they have not employed or retained any company or persan, other than a bona
fide employee working solely for the CONSULTANT,to solicit or secure this contract, and that it has not paid or
agreed t�pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission,percentage,brokerage fee, gift, or any other consideratian, contingent upon or resulting from the
award or rnaking of this connact. For breach or violation of this warrant,the AGENCY shall have the right to annui
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price �r consideration
or otherwise recover the full amount of such fee, commissian,percentage,brokerage fee, gift, or contingent fee.
Any and all emplQyees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY,and any and a11 claims that may arise under any Workmen's
Agreeraent Number: 17014
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Compensation Act on behalf of said employees or other persons while so engaged, and any and all claixrxs made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or otlier
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT,any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Traxxsportation or the AGENCY, except regulaxly
retired employees,without written consent of the public ernployer of such person if he/she will be worlcing on this
AGREEMENT for the CONSULTANT.
Vltt. Nondiscrimination
During the performance of this AGREEMENT, the CONSLTLTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 21 Subchapter V § 2000d {Public Law 100-259)
through 2000d-4a) • American with Disabilities Act of 1990
• Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 1.26 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26
• Age Discrimination Act of 1975 • RCW 49.60.180
(42 U.S.C. Chapter 76 § 61Q1 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions af Exhibit"F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F"in
every sub-contracf, including procurement of materials and leases of equipment,unless exempt by the Regulations
or directives issued puxsuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is tezminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for ar�y SERVICES completed after ten{10) days following receipt by the
CONSULTANT af the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two(2)of this
section,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the C4NSiJLTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default,the amount to be paid to the CONSULTANT sha.11 be determined by the
AGENCY with consideration given to the actua] costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
Agreement Number: 17014
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date of tenmination, whether that SERVICE is in a form ar a type which is usable to the AGENCY at the time of
termination,the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of tez�mination. Under na circumstances shall payment made under this subsection exceed the
amount,which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence,the ternnination shall be deemed to
be a termi,natian for the convenience of the AGENCY. In such an event,the CONSULTANT woul.d be reimbursed
for actual costs and appropxiate fixed fee percentage in accordance with the termination for ather than default
clauses listed previously.
The CONSULTANT shall, c�rithin 15 days,notify the AGENCY in writing,in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT emplayee.
The C�NSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT sha11 continue tv be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs,final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payrnent for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance af any rights under the AGREEMENT wil]not constitute waiver of entitlement to exezcise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the cornpleted work of this AGREEMENT as
necessary to correct e�crors appearing therein,without additional compensation thereof. Should the AGENCY find
it desirable for its awn purposes to have previously satisfactorily completed SERVICES or paris thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work sha11 be considered
as Extra Work and will be paid for as herein pro,vided under section XIII"Extra Work."
Xi. Dispu#es
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer,whose decision in the matter sha11 be final and
binding on the parties of this AGREEMENT; provided however,that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit"J". In the event that either party deem it necessary to institute lega.l action or
proceeding to enforce any right or abligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the coun�y in which the AGENCY is located. The parties hereto
agree that all questions sha11 be resolved by application of Washington law and that the parties have t11e right of
appeal from such decisions of the Superior Caurt in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
Agreement Number: 17014
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Xlf. Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with al]Federal, State, and local laws,.
rules, codes, regulations and all AGENCY palicies and directives, applicable to the work to be pezformed under this
AGREEMENT. This AGREEMENT sha11 be interpreted and construed in accordance with tbe laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington(STATE)and the AGENCY and
their officers and employees haxmless from a11 claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable;provided that nothing herein sha11 require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from clairns, demands or suits based solely upan
the negligence of, or bxeach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, ezz�ployees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE andlor the AGENCY may be legally liable; and provided further that if the claims or suits aze caused
by or result from the concurrent negligence of{a)the CONSULTANT or the CONSULTANT's agents, employees,
sub-consultants, subcontractors or vendors, of any tier,or any other persons for whom the CONSULTANT is legally
liable,and(b)the STATE and/or AGENCY,their agents, officers, employees, sub-consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable,the defense
and indemnity obligation sha11 be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub-consuitants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provisian shall be included in any
AGREEMENT between CONSCTLTANT and any sub-consultant, subcontractor and vendor, of any tiex.
The CONSULTANT shall also defend, indemnify,and hold the STATE and the AGENCY and their of�icers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other altegedly improper appropriation or use of trade secrets,patents,
proprietary information,know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub-consultants, subcan�actors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of inethods,processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY,their agents,officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or�ther allegedly
improper appropriation or use of trade secrets,patents,proprietary information, know-how, copyright rights or
inventions resulting from STATE and/ar AGENCY's,their agents', officers'and empioyees'failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY,eheir agents, officers and
employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractars or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's zelation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any deterniination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sale
discretion,by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under,this AGREEMENT.
The C�NSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification
and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51
RCW. This waiver has been mutually negotiated between the Parties.
Agreement Number: 17014
ZocalAge»cyA�E Professiona!ServFces Cosf Plus Fixed Fee ConsultantAgreement Page 9 of 14
Rpvispri f12/!M/2f?29
Unless otherwise specified in this AGREEMENT,the AGENCY shall be responsible for aclministratian of
construction contracts,if any, on the project. Subject to the processing of a new sole saurce, oz an acceptable
supplemental AGREEMENT,the CONSULTANT sha11 provide On-Call assistance to the AGENCY during contract
administration. By providing such assistance,the CONSULTANT shall assume no responsibility for:proper
construction techniques,job site safety, or any constxuction contractor's failure to perform its work in accorclance
with the contract documents.
The CONSLTLTANT shall obtain and keep in force during the terms of this AGREEMENT,or as otherwise
required,the following insurance with companies or through sources approved by the State Insuxance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as requued by the STATE.
B. Cornmercial general liability insurance written under ISO Form CG 00 O1 12 04 or its equivalent with minimurn
limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00)in the
aggregate for each policy period.
C. Business auto liability insurance written undez ISO Form CG 00 O1 10 O1 or equivalent providing coverage for
any "Auto" (Symbol 1)used in an amount not Iess than a one million dollar($i,000,000.00)combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability In�uraz�ce,the STATE and
AGENCY,their officers,employees, and agents will be named on all p�licies of CONSULTANT and any sub-
consultant and/ox subcontractor as an additianal insured(the"AIs"),with no restrictions or lirriitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage rnaintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage requ.ired hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall �
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall subnnit a verification af insurance as outlined above within fourteen(14)days of the
execution of this AGREEMENT to:
Name: Jacob Sevigny,P.E.
Agency: City of Pasco
Address: 525 North 3rd Avenue
City: Pasco State: WA Zip: 99301
Email: sevignyj@pasco-wa.gov
Phone: (509)544-4129
Facsimile:
No cancellation of the foregoing policies shall be effective without thirry (30) days prior notice to the AGENCY.
The CONSULTANT's professional liabiiity to the AGENCY, including that which may arise in reference to
section IX"Tertnination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollaxs{$1,000,000.00),whichever is greater,unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H, In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
Agreement Number: 17014
Loca!Agency A&E Profess/onal Services Cosf Plus Fixed Fee ConsultantAgreement Page 40 of?4
r�p,.;�P.�n2in�i2n2�
Tlae parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V"Payment Provisions"until the CONSULTANT has
fully complied witli this section, This remedy is not exclusive; and tlae AGENCY may take such other action as is
available to it u.nder other provisions of this AGREEMENT, or othez�wise in law,
XI[I. Extra Work
A. The AGENCY may at any time,by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes a�n increase or decrease in the estimated cost of, or the time required for,performance
of any part of the SERVICES under this AGREEMENT,whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT,the AGENCY shail make an equitable adjustment
in the: (1)maximum amoux�t payable; (2)delivery or completion schedule, or both; and{3)other affected terms
and shall rnodify this AGREEMENT accordingly.
C. The CONSULTANT must submit any"request for equitable adjustment,"hereafter referred to as"CLAIM,"
under this clause within thirty(30)days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure ta agree to any adjustment shall be a dispute under the section XI"Disputes" clause. However,nothing
in this clause shall excuse the C�NSLTLTANT from proceeding with the AGREEMENT as ehanged.
E. Notwithstanding the tern:�s and conditions of paragraphs{A.) and{B.)above,the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable,the CONSULTANT shall place their endorsement on all plans,estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Ad�istration shall have the right to participate in the review or examination of the
SERVTCES in progress.
XVI. Certification o#the Consultant and the Agency
Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY,E�ibit
"G-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered
Transactions,Exhibit"G-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit"G-4"Certificate of Current Cost or Pricing Data. Exhibit"G-3"is required only in AGREEMENT's
over one hundred thousand dollars($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT, and
submitted with the rnaster AGREEMENT, and returned to the AGENCY at the address listed in section III"Genezal
Requirements"prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number: 17014
LocalAgencyA&E Professiona/Services Cosf Plus Fixed Fee ConsultanfAgreemenf Page 91 of!4
RP�;��nvo�i2n2T
XVII. Complete Agreement
This document and referenced attachments contain all covena.nts, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shal]not be bound by or
be liable for, any statement,representation,promise or agreement not set forth herein. No ohanges, amendments,or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which sha11 be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representa.tions,warranties,covenants,and AGREEMENT's contained in the proposal,and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to a11 of the terms and
conditions thereo£ -
XIX. Protection of Confidential Information
The CONSIJLTANT acknowledges that some of the material and information that may coxxae into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of infarmation that is exempt
from disclosure to the public or other unaufhorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("Sta#e's Confidential Information"}. The"State's Confidential Information"includes, but is
not limited to,names,addresses, Social Security numbers, e-mail addresses, telephone numbers,financial prafiles,
credit card information, driver's license nwmbers,medical data, law enforcement records(or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data,non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, State
security data,or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT,to release it only to authorized employees, sub-consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge,publish,transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to reiease such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have
been previously approved by the AGENCY. The CONSiJLTANT agrees to implement physical, electronic, and
managerial safeguards to prevent uzxauthorized access to the State's Confidential Infozmation.
Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall,at the AGENCY's
option: {i)certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Informa�ion; or(ii) returned all of the State's Confidential Infortnation to the AGENCY;or(iii)take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-Q3,the CONSiJLTANT shall maintain a log documenting the following:
the State's Confidential In�formation received in the performance of this AGREEMENT;the purpose(s) for which
the State's Canfidential Information was received;who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection.,review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit,or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing,or
investigating may include,but is not limited to, salting databases.
Agreement Number: 17014
Local Agency A8F Professtonal Services Gosf Plus Fixed Fee Consultanf Agreement Page 42 of 14
Rp�.�R.�n2in�i2n2a
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in tertnination of
this AGREEMENT and demand for return of all State's Confidential Information,monetary dannages, or penalties.
It is understood and acknowledged that the CONSiJLTANT may provide tlae AGENCY with information which
is proprietary and/or confidential during the term�f this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and sha11
be retumed to the disclosing pa.rty at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a)at the commencement of the term of this AGREEMENT; or(b} as soon as such
confidentiai or proprietary material is developed. "Proprietary and/or confidential infoxmation"is not meant to
include any information which,at the time of its disclosure: (i) is a.lready known to the other party; (ii)is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other pariy;
(iii)is in.dependently developed by or fvr the other party; (iv) is publicly known; or(v}is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such,the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
ar confidential or otherwise exempt, unless such disclosure is required under applicable state�r federal law. If a
public disclosure request is rnade to view materials identified as"Proprietary and/or confidential information"or
otherwise exempt information,the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSLTLTANT agrees to nfltify the sub-consultant of any AGENGY cornmunication regarding disclosure that
may include a sub-consultant's proprietary and/or cotif'idential information. The CONSLTLTANT notification to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless tb�e sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. Tf the CONSULTANT and/or sub-consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive
and release and shall hold harmless and indernnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants'information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six {6}years
from the date of final payment to the CONSULTANT, the CONSULTANT sha11 keep,retain and maintain all
"documents"pertaining to the SERVICES provided pursuant to this AGREEMENT, Copies of all"documents"
pertaining to the SERVICES provided hereundez shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT sha11
cooperate with AGENCY and assist in the production of a11 sucla documents. "Documents"shall be reta.ined until
a111itigation, claims or audit findings have been resolved even though such litigation,claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents"means every writing or record af every type and description,
including electronically stored information ("ESI"),that is in the possession, control,or custody of the
CONSULT.ANT, including,without limitation, any and all correspondences, contracts,AGREEMENT `s,
appraisals,plans, designs, data, surveys,maps, spreadsheets,memoranda, stenographic or handwritten
notes, reports,records,telegrams, schedules, diaries,notebooks, logbooks, invoices, accounting records,
work sheets, charts,notes, drafts, scribblings,recordings,visual displays,photogxaphs,minutes of ineetings,
Agreement Number: 17014
LocalAgencyA&E Professional Services Cost Plus Fixed Fee ConsultantAgreeme»t Page 93 of 14
ap�;�p�r nzm�i2n2�
tabulations, computations, summaries, inventories,and writings regarding conferences, canversations or
telephone conversations,and any and alI other taped,recorded, written, printed or typcd mattcrs of any kind or
description;every copy of the foregoing whether or not the original is in the passession, custody,or control of the
CON5ULTANT, and every copy of any of the foregoing,whether or n�t such eopy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESI"means any and all computer data or electronic recorded media of any
kind, including'`Native Files",that are stored itt any medium from which il can be retrieved and examined,either
directly or after translation into a reas�nably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email,Outlook, Word, Excel,Access, Publisher, PowerPoint,Adobe
Aerobat, SQL databases,or any vther software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers,backup
tapes,smart phones,thumb drives.CDs,DVDs, Hoppy disks, work computers,cell phones, laptops or any other
electronic device that CONSUI,TANT uses in the performance of its VVork�r SERVICES hereunder. including any
personal devices used by the CONSUC.TANT or any sub-cnnsultant at home.
"Native files"are a subset of ESI and refer to the electronic format of the applicarion in whicli such ESI is normally
created,�iewed,and/or modified.
The CONSUI.TANT shall include this section XX``Records Maintenance"in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by tl�e AGENCY prior to the execution of suoh subcontract.
In witness whereof,the parcies hereto have executed this AGREEM�NT as of the day and year shown in the
"Execution Date°'box on page one(1)of Chis AGREEMENT.
._ - - ,� t ` r� -�.
Signat Date
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�nature '� Date f
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Any rraocl�ecrliort, chunge, or refot�mation ofthrs AGREEAIENTshall reqt�ire approi�al as to,for•ni by tlze O,fftee
of the�Ittnrney General.
Agreement�Iumber: 17014
Local Agency A8E Professiona!Services Cost Plus Flxed Fee ConsultantAgreement Page?4 of 74
Revised 02/01/2p21
Exhibit A
Scope of Work
Project No. 17014
See attached,Exhibit A- City of Pasco, Washington Construction Administration Services, Citywide Traffic
Signal Improvements -Phase 2, Scope of VVork.
Agreement Number: 17014
ExhibitA-Loca/Agency A&E Prvfessiona/Services Cost Plus Fixed Fee Consultanf Agreement Revised 02/01/2�29 Page 4 of 1
EXHIBIT A
CITY OF PASCO,WASHINGTON
CITYWIDE TRAFFIC SIGNAL IMPROVEMENTS—PHASE 2
CONSTRUCTION ADMINISTRATION SERVICES
SC�PE Of WORK
BACKGROUND
This project generally includes the construction of traffic signal and Americans with Disabilities Act(ADA)
compliant pedestrian improvements at eleven (11) intersections throughout the City of Pasco
(AGENCY).Anticipated intersections to be improved include:
• Court Street& Road 32
• Court Street&Road 36
• Court Street& Road 40
• Sylvester Street&4th Avenue
• Sylvester Street&5th Avenue
• Syivester Street&10th Avenue
• Sylvester Street&28th Avenue
• Ainsworth 5treet&10th Avenue
• Argent Road&Road 68
• Argent Raad&Road 80
• Argent Road &Road 84
In general,the CONSULTANT will provide pre-construction management for the project including,but not be
limited to,the following key components and deliverables:
• ADA Design Review and modification
• Review and Approve Material Submittals
• Review Contractor Proposafs for AEternate"Or Equal" Materials
• Schedule and Attend Pre-construction Meeting
• Cflmplete WSDOT Pre-construction Documentation
• Submit Monthly Invoices ta the AGENCY for Services PerFormed
DUTIES AND RESPONSIBILITIES OF ANDERSON PERRY&ASS�CIATES, INC. (CONSULTANT)
TASK 1- PROJECT ADMINtSTRATION
The CONSULTANT will oversee project tasks and coordinate with AGENCY representatives to manage the scape,
schedule, and budget for the pre-construction services associated with this project.
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1.1 Contract Administration, In�oicing,and Progress Reports
1. prepare and submit monthly invoices to the AGENCY. Each invoice will include the date period
covered by the invoice,the number of hours worked during the billing period with billing rates
shown,expenses and associated markups,the total cost for labor and expenses,and a total amount
su�nmarizing labor,expenses, and subconsultant fees.
2. Prepare a Contract Summary Report to accompany the monthly invoices,The Contract Summary
Report will list each invoice, including the current invoice with an itemized summary of invoice
numbers,dates, and amounts billed for labor,expenses, and subconsultants,as well as the total
amounts for each invoice.The Contract Summary Report will also list the total amount billed to
date,total amount remaining under the contract,and the contract expiration date.
3. Prepare a brief Project Status Report to accompany the monthly invoices.The Project Status Report
will include the date period covered by the report and a brief summary of the work performed
during the billing period.
4. Project management. General coordination with the AGENCY,subconsultants,other consultants,
and stakeholders,as well as ongoing monitoring flf tasks and resources.
5. Maintain all contract-required documentation. Provide copies of project files and records to the
AGENCY for audits and public information requests.All final documents will be provided in
electronic format as requested.
Deliverables
O Monthly Invoices, Contract Summary Reports,and Project Status Reports
O Project Documentation
TASK 2- CONSTRUCTION ADMINISTRATION
2.1 Pre-construction Management and Administration
The CONSULTANT will pro�ide pre-construction management and administration services,acting as the
AGENCY's representative.Anticipated duties will inc[ude the following:
• Organize and lead the pre-construction conference and provide meeting minutes.
• Receive, review, maintain, and approve all material submittals,requests for information (RFIs)
and create ROM and RAM,as required.Copies of all submittal correspandence will be provided
to the AGENCY.
• Receive, review, and determine the acceptability of any and all schedules provided by the
Contractor, including the Progress Schedule,Schedule of Submittals,and Schedule of Values.
• Complete WSDOT required construction documentation including DBE, EE�, and Training Goals.
Deliverables
O Pre-construction Conference Meeting Minutes
� Capies of Approved Material Submittals
� Copies of all Schedules Provided by the Contractor
❑ Copies of all Written Communications with the Contractor
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2.2 Traffic Construction Engineering(By DKS ASSOCIATES [SUBC�NSULTANT]�
DK5 {CONSULTAfVT)will provide engineering support during the construction of the Pasco City-Wide Traffic
Signal Improvement Phase 2 project.The CONSULTANT'S scope only covers traffic signals and pavement
markings.
COORDINATION, MEETINGS,AND fIELD VISITS
The CONSULTANT will manage the project budget, scope,and contract schedule, invoicing monthly with a
progress report. DKS will coordinate with the Construction Management teams,the City of Pasco,and the
Contractor on the engineering support during the construction.
DKS staff will attend the follawing meetings virtually or on-site as indicated:
• One virtual meeting with the City to discuss changes needed to the plans {virtual}
• One pre-construction meeting(virtual)
• Up to three signal discussion meetings (virtual)
RFIS AND RAMS
The CONSULTANT shall review and respond to RFIs, and material/product submittals.The City shall request the
CONSULTANT to answer questions, RFIs and submittal reviews.The CONSULTANT will evaluate the need for plan
revisions with the City and provide plan revision as agreed.
The task assumes the#ollowing:
• Written responses to RFIs(up to ten RFIs,three hours each,turnaround time will be up to four working
days from receipt)
• �mail responses to informal RFIs(up to ten hours)
• Written responses ta material submittals (up to eight submittals,three hours each,turnaround time will
be up to five working days from receipt)
Assumptions
O This Scope of Work does not include as-built plans
7ASK 3- A�A OESIGN VERIFICATION
The CONSULTANT will review the existing design drawings and walk the project with the AGEMCY prior to
construction to determine if any of the ADA ramps as designed need to be reassessed. For any ADA ramps
identified as needing reassessment,the CONSULTANT will collect additional survey data and will prepare
updated design drawings as needed to ensure compEiance with current ADA requirements and Agency
preferences.
Deliverable
❑ Updated ADA Ramp Design Drawings for Selected ADA Ramps
Assumpti�ns
❑ Up to eight(8)ADA Ramps will be modified or redesigned
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Exhibit B
DBE Participation
None
Agreement Number: 17014
Exhibit B-Loca!Agency A&E Professia»a!Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 9 of 1
Exhibit C
Preparation and Delivery of Electronic Engineering and 4ther Data
In this Exhibit the agency, as applicable, is to provide a description of the fonmat and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include,but are not limited to,the following:
i. Surveying, Roadway Design&Plans Preparation Section
A. Survey Data
AutaCAD and other rnutually agxeed upon formats as may be necessary.
B. Roadway Design Files
AutoCAD, .pdf, and other mutually agreed upon formats as may be necessary.
C. Computer Aided Drafting Files
AutoCAD
Agreement Number: 17014
Fxl�ibit C-Local Agency A&E Professiona!Servlces Cosf PJas Fixed Fee Consulta»t Agreemenf Revised OZ/09/2027 Page 1 of 4
D. Specify the Agency's Right to Review Praduct w�ith the Consultant
Agency may review Consultant's work upon request.
E. Specify the Electronic Delaverables to Be Provided to the Agency
See information in Exhibit A.
F. Speci�y What Agency Furnished Services and Information Is to Be Provided
See information in Exhibit A.
Agreement Number: 17014
E�rhibit C-Loca!Agency A8E Professiona!Services Cost Plus Fixed Fee Consultanf Agreement Revised 02/Q1/2021 Pa�e 2 of 4
II. Any Other Electronic Files to Be Provided
None anticipated.
III. Methods to Electronically Exchange Data
Electronic data will he exchanged via electronic mail,FTP exchange or other means necessary.
Exhibit C-Local Age»cy A8E Professiona!Services Cost Plus Fixed Fee Consu/tarrt Agreemenf Revised 02/01/202? Page 3 af 4
A. Agency Soflware Suite
Microsoft Office Suite,Autodesk Products
B. Electronic Messaging System
Microsoft Outlook
C. File Transfers Format
Portable Document Farmat(.pd�
Exhibit C-Loca/Agency A8E Professiona!Services Cost Plus Fixed Fee Consu/tant Agreement Revised 02/09/2021 Page 4 of 4
Exhibit D
Prime Consultant Cost Computations
See attached Professional Services Cost Computations included as Exhibit D.
Agreement Number: 17014
Farhiblt D-Local Age»cy A8E ProfessionaJ Services Cost Plus Fixed Fee Consultant Agreemeni Revised 02/01/2021 Page 9 of i
006ped���� EXHIBIT D
"""'""° ."""'" -""�.`""`" CITY OF PASCO,INASHINGTON
ClTYWIDE TRAFFIC SIGNAL IMPROVEMENTS-PHASE 2
CONSTRUCTION ADMINISTRATION SERVICES
CONSULTANT COST COMPUTATIONS
Classification Estimated Hours Ran�e Avera�e Rate Cost
Senior Engineer VII-VII I 5 59-63 $ b0.00 $ 300.00
Senior Engineer V-VI 10 55-58 $ 57.00 $ 570.00
Senior Engineer I-IV 40 48-55 $ 52.00 $ 2,080.00
Engineering Technician II-IV 100 23-27 $ 38.00 $ 3,800.00
Professional Surveyar IV-V 5 44-50 $ 48.00 $ 240.00
Survey Crew Chief I-III 10 26-32 $ 29.00 $ 290.00
Survey Technician II-IV 10 20-25 $ 23.00 $ 230.00
Senior Technician I-IV 40 29-35 $ 33.00 $ 1,320.00
Total Direct Salary C�st(DSC� $ 8,830.00
�VERHEAD(OH Cost-including Salary Additivesj:
OH Rate x DSC of 165.589�o X $ 8,830.00 $ 14,620.71
FIXED FEE(FF}:
FF Rate x DSC of 34.00% X $ 8,830.00 $ 3,002.20
REIMBURSABLES:
Equipment, Mileage,and Etc. $ 500.00
Procore Fee($400/month} $ 800.00
Total Reimbursabfes $ 1,300.00
Subtotal (Consultant Total): $ 27,752.91
Subconsultant Costs(See Exhibit E):
DKS Associates $ 20,834.79
Total Subconsultant Costs $ 20,834.79
TOTAL ENGINEERING SERVICES: $ 48,587.70
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November 13,2U20
Anderson Perry&Associates, Tnc.
P.�.Box 1107
La Grande, OR 97850
Subject: Acceptance FYE 2019 ICR—Audit Office Review
Dear Timothy Cox:
Transmitted herewith is the WSDOT Audit Office's memo of"Acceptance" of your
firm's FYE 2019 Indirect Cost Rate (ICR) of 165.58% of direct labor (rate includes
1.77% Facilities Capital Cost of Money). This rate will be applicable for WSDOT
Agreements and Local Agency Contracts in Washington only. This rate may be subject
to additional zeview if considered necessary by WSDOT. Your ICR must be updated on
an annual basis.
Costs bil�ed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at(360}705-7019 or via email
consultantratesr���4 .r��a.�ov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
Exhibit E
Sub-consultant Cost Computafions
Tf nfl sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the
performance of any work under this AGREEMENT without prior written pernussion of the AGENCY.
Refer to section VT"Sub-Contracting"of this AGREEMENT.
See attached Sub-consultant Cost Computations for DKS Associates, included as Exhibit E.
Agreement Number: 17014
Exhibit E-Local Agency A&E Proiessiorral Services Cost PJus Fixed Fee Consultant Agreement Revised OZ/09/202! Page 1 of 1
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Exhibit F - Title VI Assurances Appendix A � E
APPENDIX A
During the perforrnance of this contract,the contractor, for itself, its assignees, and successors in
interest(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The coniractor(hereinafter includes consultants)will comply with the Acfs
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administratio�), as they may be amended from time to time,which
are herein incorporated by reference and made a part of this contract.
2. Nvn-discrimination: The contractor,with regard to the work performed by it during the contract,will not
discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors,
including procurements of mater�als and leases of equipment.The contractor will not participate dire�tly or
indirectly in the discrimination prohibited by the Acts and the Regulations,including employment practices
when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.J
3. SaIicitations for Subcontracts,Including Procnrements of Materials and Equipment: In all solicitations,
either by competitive bidding,or negotiation rnade by the contractor for work to be performed under a
subcontract,including procurements of materials,or leases of equipment,each potential subcontractflr or
supplier will be notified by the contractar of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color,or national origin.[Include
Modal Dperating Administration specific program requirements.J
4. Information and Reports: The contractor will provide a11 information and reports required by the Acts,the
Regulations, and directives issued pursuant thereto and will permit access to its books,records,accounts, other
sources of information, and its facilities as may be deternuned by the Recipient or the(Title of Modal
Operatirrg Administration) to be pertinent to ascertain compliance with such Acts,Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fa,ils
or refuses to furnish the information,the contractor will so certify to the Recipient or the(Title of Modal
Operating Administration), as appropriate,and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination
provisions of this contract,the Recipient will impose such contract sarictions as it or the(Title of Modal
Operating Administration) may determine to be appropriate, including,but not limited to:
a_ withholding payrnents to the contractor under the contract until the contractor complies; and/or
b. cancelling,terminating, or suspending a contract,in whole or in part.
6. Incorparation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts,the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient ar the (Title of Modal Operating Administration) may direct as a
means of enfarcing such provisions including sanctions for noncompliance.Provided,that if the cantractor
becomes involved in, or is threatened with litigation by a subcontractor,or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition,the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Local Agency A&EProfessiorral Services Cost Agreement Number 17014
Plus Fixed Fee Consultant Agreement Revised 02/01/z021
Exhibi� F - Titie VI Assurances Appendix A � E
APPENDIX E
During the performance of this contract,the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "cont�actflr"}agrees to comply with the foilowing non-discrimination statutes
and autharities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964{42 U.S.C. § 2000d et seq.,78 stat. 252), (prohibits
discrimination on the hasis of race, color,national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real�roperry Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Sectian 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975,as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
• Airport and A.irway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits
discrimination based on race, creed,color,national origin, or sex);
• The Civil Rights Restoration Act of 1987, {PL 100-209), (Broadened the scope,caverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of i 975 and
Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipie�ts and
contractors,whether such programs or activities are Federally funded or not);
� Titles II and III of the Americar�s with Disabilities Act, wkxich prohibit discrimination on the basis of
disability in the operation o�public entities,public and private transportation systems,places of public
accommodation, and certain testing entities {42 U.S.C. §§ 12131-12189)as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 3S;
• The Federal Aviation Administration's Non-discrimination statute(49 U.S.C. § 47123} (prohibits
discrimination on the basis of race, color, national origin, and sex};
• Executive Ordex 12898, Federal Actions to Address Environ�mental Justice in Minority Populations and
Low-Income Populations,which ensures discrimination against minority populations by discouraging
prograrns,policies, and activities with disproportionately high and adverse huxnan health or
environmental effects on minority and low-income populations;
� Executive Order 13166, Improving Access to Services for Persons with Lirnited English Proficiency,
and resulting agency guidance,national origin discrimination includes discriminatian because of lirnited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs {70 Fed. Reg. at 74087 to 74100);
� Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C, 1681 et se�.
Local Agency A&E Professional Services Agreement Number � �O��
Negotiated Hourly Itate Consultant Agreement Revised 02/OI/2021
Exhibit G
Cert`ification Documents
Exhibit G-1 i Certification of Consultant
Exhibit G-1� Certification of Cid�° of Pasco
Exhibit G�' Certification Regarding Debarment, Suspension and Other Responsibility Matters-
Primary Covered Transactions
�A�;hibii C1-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Agreement Number: 17014
...�.__.___�� __W_._____ _ __ _.
Exhi6lt G-Loca/Agency A6E Professiona!Services Cost Plus Fized Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
Exhibit G-'I�a) Certificafiion of Consultant
I hereby certify that 1 am the and duIy authorized representative of the firm of
Anderson Perry&Associates,Inc.
whose address is
214 East Birch Street/P.Q. Box 1687, Walla Walla,Washington 99362
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee,or other consideration,
any firm or person(other than a bona fide employee�vorking solely for me or the above CONSULTANT)
to solicit ar secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract,to employ or retain the services of
any fix-��1 or persan in connection wiih carrying oul lhis AQREEMENT;or
c) Paid, or agreed to pay,to any firm, organization or person{other tttan a bona fide employee working solely
for me or the above CONSULTANT)any fee, contribution,donation, or consideration aFany kind for,or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the City of Pasco
and the Federal Highway Administration_ t).S. Department of Transportation in connection with this
AGR�EMENT involving participation of FederaI-aid highway funds, and is subject to applicable State and
Federal laws. both criminal and civil.
Andcrsnn Pcrry&Associatcs,Inc.
Consultant{Firm Name)
-��; � - fs �- �...
. � _ _ _
Sign, e(Authorized Off+cial of C sultant) Dake
�
,
Agree�neirt:�lumber: �7�l4
Exhibit G-Local Agency R&E Professional Services Cost Plus Fixed Fee Consulfanf Agreement Revised 02I09/2021
Exhibit G-1(b) Certification of
I hereby certify that I am the:
Q Agency 4fficial
❑ Other
of the City of Pasco , and Anderson Perry&Associates,Inc.
or its representative has not been required, directly or indirectly as an express or implied candition in connection
with obtaining or carrying out this AGREEMENT to:
a} Employ or retain, or agree to eznploy to retain, any firm or person; or
b} Pay, or agree to pay,to any firm,person, ar arganization, any fee,con#ribution,donation, or consideration
of any kind; except as hereby expressly stated(if any):
I acknowledge that this certificate is to be furnished to the City of Pasca
a�.d tb�e Federa]Highway Administration,U.S.Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws,both criminal and civil.
� �,,,
( ,,,/� � � G-�
_ .
Signature { Date
e�
�r
Agreement Number: 17014
Exhibit G-Loca/Rgency A8�Professiona!Services Cost Plus Fixed Fee Consu�tant Agreement Revised 0TJ01/2021
Exhibit G-2 Certification Regarding Debarment, Suspension and 4ther
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineiigible,or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have n4t�vithin a three (3}year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal,State, or local)transaction or cQntract under
a public transaction;violation of Federal or State anti-trust statues or commission of embezzlement,
thet�,forgery,bribery,falsifica#ion or destruction of records, making false statements,or receiving
stolen property;
C. Are not presently indieted for or otherwise criminalfy nr civilly charged by a governmental entity
(Federal,State,or local}with commission of any of the offenses enumerated in paragraph (])(b)
of this certification;and
D. I Iave nut within a ihree (3)yedr period prececling lhis appli4dti�n/proposal had nne or inore public
transactions (Federal, State and iocal)terminated for ca�se or default.
II. Where the prospective primary participant is unabte to certify ta any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Anderson Perry&Assaciates,Inc.
Consuliant(Firm Name)
� �
c � �l—1� —��—
Sign � re(Authorized Official of C asultant) Date
l
Agreement Alumber: 17014
Exhibit G-Loca!Agency A&E Frofession�l 5ervices Cost Plus Flxed Fee Ca»sultanf Agreement Revised 02/07/2021
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
far Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal,to the best of his or her
knowiedge and belief, that:
1. No �ederal appropriated funds have been paid or will be paid,by or on behalFof the undersigned, to any
person for influencing or attempting to influenee an officer or exnployee of any F�deral agency,a Member
af Cangress, an officer or employee oF Cangress,or any employee of a Member of Congress in connectian
wiih the awarding of any Federat contract, the making of any Federal grant,the making of any Federal loan,
the entering into of any cooperative AGREEMENT and the extension, continuation, renewal,amendment,
or modification of�'ederal contract,grant,loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or wil I be paid to any person for
influencing or atlempting to in(luence an officer ar employee of any Federal agency,a Member of Cangress,
an ot�icer or employee of Congress,or an employee of a Member of Congress in connection with this
Federal cantract. grant, loan or cooperative AGRE�MENT,,the�Endersigned shall complete and submit
Standard Form -LLL,"Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or eniered into. Subrr►issinn of this ceriification is a prereguisite for making nr entering into
this transactinn impased by Sectian 1352,Title 3l,U.S. Code. Any person who fails to file the required
ceriiGcation shall be subject to a civil penalty of not less than $10,00�.00,and not more than$IOO,Q00.00,
fior each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
ihat the language ofthis cet�.ification be included in all lower tier sub-c;nniracts, which exceed$1 U0,040,
and that all such sub-recipients shall certify and disclose accordingly.
Anderson Pcrry&Associates, Inc.
Cansuftant{Firm Name) �
,
- ___ �I- 1�-�-�- - - -
Signa n (Authorized Official� Consultant) Date
�J
Agreemeiit�iamber: 17014
Exhi6it G-Loca/Agency A&E ProfessionaJ Services Cost Plus F1xed Fee Cortsultant Agreernent f2evised 02/01/2021
Fxhibit H
Liability lnsurance Increase
To Be Used Only If Insuraace Requirements Are Increased
The pzofessional liability limit of the CONSULTANT fo the AGENCY identified in Sec�ion XII,Legal Relations
and Insurance of this Agreement is amended to $ .
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of$ .
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including cla.im amounts already reserved against the fund, safeguards established for payrnent
from the fun.d, a copy of the latest annual financial statements,and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract,whichever is greater,then justification shall be submitted
to the Federal Highway Administration(FHWA) for approval to inczease the minimum insurance lixnit.
If FHWA approval is obtained,the AGENCY may, at its own cost,reirnburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $ .
• Include all costs, fee increase,premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts,include this exhibit.
Agreement Number: 17014
Exhibit H-Local Agency A&E Professiona!Servfces Gosf Plus Ffxed Fee Consultant Agreement Revised OZ/01/2021 Page 7 of 9
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffezed some material dama.ge
due to the alleged enroz by the consultant.
Step 1 Potential Consultant Design Error(s)is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s),the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects,the Region Local Programs Engineer should be informed and
involved in these procedures. (Note:The Director of Public Works or Agency Engineez may appoint an
agency staff person other than the project manager,who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.}
Step 2 Project Manager pocuments the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s} and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work;photographs, records of labor,materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is deternuned that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude o:f the alleged
error(s).1'he project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project nnanager a.nd any personnel(including sub-consultants)
deemed appropriate for the alleged design error(s)issue.
Step 4 At�empt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed regarding the consultant's alleged design
error(s),there are three possible scenarios:
• It is determin.ed via mutual agreement that there is not a consultant design error(s}. If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred, If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives,negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP,through the Region Loca1 Pzograms Engineer, a summary
of the settlement for review and to make adjustments,if any, as to how the settlement affects federal
reimbursements.No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s).The consultant rnay
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
caunsel, is not able to reach mutual agreement with the consultant,proceed to Step 5.
Agreement Number: 17014
Exhibit I-Local Agency A&E Professiona/Services Cost Plus Fixed Fee Consulfant Agreement Revised 02/0'J/2021 Page 1 of 2
Step 5 Forward Documenfs to Local Programs
�or federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer ta LP for their review and consultation with the FHWA. LP will rneet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue.If necessary,LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also iden.tify how the alleged enror(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached,the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution.LP,in consultation with FHWA,will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached,the agency and consultant may seek settlernent by arbitration
or by litigation.
Agreement Number: 17014
F�hibit 1-toca!Agency A&E Professiona!Services Cost P/us Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
Fxhibit J
Consultant Claim Procedures
The purpase of this exhibit is to desczibe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims gxeater than$1,000. If the consultant's claim(s)are a total
of$1,0�0 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,004 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
clairn by the consultant.
Step 1 Consultant Files a Claim with t�e Agency Project Manager
If the consultant determines that they were requested to perfortn additional services that were aufiside
of the agreement's scope of work,they may be entitled to a claim.The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The cansultant's claim must outline the following:
• Summation of hvurs by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timefraz�ne of the additionai work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step l,the next step in the process is to forward the request to the
Agency's project manager.The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agxees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in tbe claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the clairn is not eligible for federal participation,payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), ax�d FHWA(if applicable)agree with the consultant's claim, send a request rnemo, including
backup docunaenta.tion to the consultant to either supplement the agreement, or create a new agreement
for the claim.After the request has been approved,the Agency sha11 write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant tbat the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures.
Agreernent Number: 17014
Exhibit J-Local Agency A8�E Professional Services Cost Plus Frxed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's clai.m,the pro}ect manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Capy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by cIassification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs,profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s};
• Explanation to describe what has been instituted to preclude future consultant claim(s}; and
• Recommendations to resolve the claim.
Steg 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and admin�istratively approve or disapprove
the claim, or portions thereof,which zxxay include getting Agency Council or Commission approval(as
appropriate to agency dispute resolution procedures}. If the project involves federal participation, obtain
concuirence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation,payrnent will need to be fronn agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Wvrks or Agency Engineer shall notify(in writing)the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claizn(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and!or ne�r agreement and pay the consultant the amount
of the claim. Inforxn the consultant that the final payment for the agreement is subject to audit.
Agreement Number: 17014
Exhibit J-Local Agency A&E Professional Services Cosf Plus Fixed Fee Consu/tanf Agreement Revised 02/01/2021 Page 2 of 2