HomeMy WebLinkAbout4583 Resolution - PSA Consor Engineering for Sylvester Overpass DesignResolution - PSA with Consor North America, Inc
Sylvester Street Overpass Pedestrian/Bicycle Access Project – Design Services - 1
RESOLUTION NO. 4583
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE
PROFESSIONAL SERVICES AGREEMENT WITH CONSOR NORTH
AMERICA, INC. FOR THE SYLVESTER STREET OVERPASS
PEDESTRIAN/BICYCLE ACCESS PROJECT.
WHEREAS, the City of Pasco, Washington (City), requires professional services from an
engineering firm for the purpose of professional engineering services for design services for the
Sylvester Street Overpass Pedestrian/Bicycle Access Project that will install a pedestrian/bicyclist
overpass, sidewalk (6-foot +) with curb, ADA curb ramps, shared-use path/trail, bridge (part of
shared-use path); and
WHEREAS, the City published an announcement of its Request for Qualification (RFQ)
related to its need for professional services for the Sylvester Street Overpass Pedestrian/Bicycle
Access Project as required by RCW 39.80.030; and
WHEREAS, the City reviewed and scored four (4) responses that were received,
interviewed the four (4) consultants, and determined Consor North America, Inc. to be the most
highly qualified pursuant to RCW 39.80.040; and
WHEREAS, the City, pursuant to RCW 39.80.050(1), has negotiated a fair and reasonable
agreement with Consor North America, Inc. based on the estimated values of the services including
their scope, complexity, and professional nature; and
WHEREAS, the City hereby finds that Consor North America, Inc. is the most highly
qualified firm to perform the necessary design services for the Sylvester Street Overpass
Pedestrian/Bicycle Access Project, and the negotiated contract is both fair and reasonable, for an
amount not to exceed $364,568.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Interim City Manager for the City of Pasco is hereby authorized to execute the
WSDOT Local Agency A&E Professional Services Agreement with Consor North America, Inc.
a copy of which is attached hereto, and incorporate herein by reference as Exhibit A; and to make
minor substantive changes as necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
Resolution - PSA with Consor North America, Inc
Sylvester Street Overpass Pedestrian/Bicycle Access Project – Design Services - 2
PASSED by the City Council of the City of Pasco, Washington, on this 7th day of April,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN or SSN Number
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes No DBE Participation
Yes No MBE Participation
Yes No WBE Participation
Yes No SBE Participation
Total Amount Authorized:
Management Reserve Fund:
Maximum Amount Payable:
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work
DBE Participation
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub-consultant Cost Computations
Title VI Assurances
Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures Agreement Number:
Page 1 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
RESOLUTION -EXHIBIT A
#23 557
Consor North America, Inc.
400 E Mill Plain Blvd Ste 400 Vancouver, WA 98660
601 124 424 93-0768555
December 31, 2027
Sylvester Street Overpass Pedestrian/Bicycle Access (City Project No. 23 577)
Perform design engineering, environmental process, public involvement process, and other related engineering
services for the Sylvester Street Overpass Ped/Bike Access. Professional services will include bridge design,
geotechnical investigation, stormwater design, environmental documentation and permits, topographic survey,
public involvement, and utility coordination. There may also be a need for right-of-way acquisition support and
traffic signal modifications. Additionally, project coordination and required project documentation will be
performed. The initial phase under this contract is to complete topographic survey, preliminary geotechnical
services, cultural resource, and public outreach in support of an alternatives analysis to determine the bridge
type to be used for the project. A contract will then be supplemented to go forward to final design. The City of
Pasco reserves the right to supplement this contract into any subsequent phases, CN.
$364,568
$0.00
$364,568
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the ,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1)
of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I.General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II.General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III.General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number:
Page 2 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
RESOLUTION -EXHIBIT A
City of Pasco
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be
shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime)
involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information
shall identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C –
Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY: If to CONSULTANT:
Name: Name:
Agency: Agency:
Address: Address:
City: State: Zip: City: State: Zip:
Email: Email:
Phone: Phone:
Facsimile: Facsimile:
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 established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Agreement Number:
Page 3 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant
Agreement Revised 02/01/2021
RESOLUTION -EXHIBIT A
Dustin C. Wittman Greg Jellison
City of Pasco Consor North America, Inc.
525 N. 3rd Avenue 400 E Mill Plain Blvd Ste 400
Pasco WA 99301 Vancouver WA 98660
wittmand@pasco-wa.gov Greg.Jellison@consoreng.com
509.545.3447 360.921.9545
N/A N/A
V.Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, “Scope of Work”. The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
“D” and “E” and by this reference made part of this AGREEMENT.
A.Actual Costs: Payment 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 (RAW) 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 fulfill 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, which are included as such
on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
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 CONSULTANT (prime and
all A&E sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm’s
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 billings 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 prime CONSULTANT or any of their A&E sub-consultants
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required
information is received and 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
rate, 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 charges may include, but are not limited to, the following items: travel, printing, long distance
telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed
only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.Agreement Number:
Page 4 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
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RESOLUTION -EXHIBIT A
4.Fixed Fee: The Fixed Fee, which represents the CONSULTANT’S profit, is shown 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 into 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 monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying 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 the 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
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total 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 additional costs in excess of the MRF shall be made in accordance with Section XIII,
“Extra Work.”
6.Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved 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 employees performing work
on the PROJECT at the time of the interview.
C.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. 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:
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RESOLUTION -EXHIBIT A
D.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT’s Internal Audit Office and/or at the request of the AGENCY’s Project Manager.
VI.Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII.Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s
Agreement Number:
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RESOLUTION -EXHIBIT A
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII.Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964 • 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 126 § 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 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F”
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in
every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10)days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged 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 any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
Agreement Number:
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RESOLUTION -EXHIBIT A
date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to
perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X.Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI.Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
Agreement Number:
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XII.Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees,
sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or
the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY’s, their agents’, officers’ and employees’ failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
Agreement Number:
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Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to
section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional
liability to third parties be limited in any way.
Agreement Number:
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Dustin C. Wittman
City of Pasco
525 N. 3rd Avenue
Pasco WA 99301
wittmand@pasco-wa.gov
509.545.3447
N/A
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B.If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,”
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit
“G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s
over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General
Requirements” prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number:
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XVII.Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII.Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX.Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver’s license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence
and not to make use of the State’s Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State’s Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential
Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State’s Confidential Information was received; who received, maintained and used the State’s Confidential
Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number:
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Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii)is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY’s said disclosure of sub-consultants’ information.
XX.Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
“documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents”
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, “documents” means every writing or record of every type and description,
including electronically stored information (“ESI”), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, 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, photographs, minutes of meetings,
Agreement Number:
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tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any
kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home.
“Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date” box on page one (1) of this AGREEMENT.
Signature Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Agreement Number:
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March 7, 2025
Exhibit A
Scope of Work
Project No.
Agreement Number:
Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
RESOLUTION -EXHIBIT A
23 557
CITY OF PASCO, WASHINGTON
Scope of Work – Phase I
Sylvester Street Overpass Pedestrian/Bicycle Access (City Project No. 23 577)
City of Pasco
INTRODUCTION
Consor North America, Inc. (Consor) and their consultant team have been selected by the City of Pasco (City) to
perform design engineering, environmental process, public involvement process, and other related engineering
services for the Sylvester Street Overpass Ped/Bike Access. Professional services will include bridge design,
geotechnical investigation, stormwater design, environmental documentation and permits, topographic survey,
public involvement, and utility coordination. There may also be a need for right-of-way acquisition support and
traffic signal modifications. Additionally, project coordination and required project documentation will be
performed.
The project team includes:
· GRI – Geotechnical Engineering
· PBS Engineering and Environmental (PBS) – Survey
· Archaeological Investigations Northwest, Inc. (AINW) – Cultural Resources Documentation
· Commonstreet Consulting - Right-of-Way Support – (Phase II only)
The Project is currently funded completely through state funds including a WSDOT Connecting Communities Pilot
Program (CCPP) grant and a Pedestrian and Bicycle Safety Program grant. The current assumption for this scope is
that no federal funds will be added to the project. This scope of work covers phase I of the project up to 30
percent design.
PROJECT DESCRIPTION/BACKGROUND
The vehicular overpass crossing State Route 395 at Sylvester Street does not have facilities for pedestrians or
bicycles and acts as a barrier to these modes of travel along the East-West corridor that connects residential
neighborhoods (West) to the commercial/downtown (East). There are pedestrian and bicycle safety improvements
currently under construction on both sides of US 395. The proposed project completes the missing link along the
corridor, will assist in breaking down this barrier, and will satisfy safety mitigation goals identified by the City of
Pasco 2020 Local Road Safety Plan. The proposed pedestrian/bicycle bridge over US 395 along Sylvester Street
adjacent to the existing vehicular bridge includes a 12-foot-wide shared use path and ADA improvements at Road
32 connecting the future bridge to the companion project underway, the Sylvester Street Safety Improvements.
SCOPE OF WORK:
There are no federal funds being used for the design of the project and they are not anticipated to be used for
construction. This scope of work covers phase I of the project up to 30 percent design.
To the extent feasible, it is assumed that the project footprint will stay within the City’s right-of-way (ROW) and
that no additional permanent ROW will be required. The City will likely need to acquire temporary construction
easements from adjacent properties. In Phase II an allotment of $10,000 will be included to provide support for
RESOLUTION -EXHIBIT A
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
2
ROW acquisition efforts as needed. This will support the start of right-of-way services but may need to be
supplemented depending on how much ROW or TCE’s are required
Items not currently included within the scope can be added under a supplemental agreement later or within a
contingency task as part of this contract.
TASK 1. PROJECT MANAGEMENT AND ADMINISTRATION
Consor will provide management and coordination for all tasks included in this Scope. The design phase for the
project is anticipated to take up to 7 months, beginning in April 2025. Consor will manage services performed
by our staff and sub-consultants and coordinate with City representatives as needed on work tasks performed by
others during this time.
Subtask 1.1: Contract Administration, Invoicing, and Progress Reports
1. Prepare and submit monthly invoices. Each invoice will include the date period covered by the invoice;
number of hours worked during the billing period with billing rates shown; expenses and associated mark-
ups; total cost for labor and expenses for the billing period; subconsultants fees including markups for the
billing period; 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 as well as the current invoice with an itemized summary of invoice numbers, dates, and
amounts billed for labor, expenses, and subconsultants as well as total amounts for each invoice. The Contract
Summary Report will also list the total amount billed to date, the total amount remaining under contract, and
contract expiration date.
3. Prepare a brief Project Status Report to accompany the monthly invoices. The Project Status Report will
include: date period covered by the Status Report, a brief summary of work performed during the billing
period, a notice to the City raising any issues or concerns that could require a contract
amendment/supplement, a brief summary of completed and/or upcoming project milestones, and action
items needed from the City for project delivery. Consultant shall monitor the status of the budget and take
corrective actions to correct undesirable budget trends involving the City if the scope is impacted.
4. Maintain project documentation including a design criteria matrix, design assumption validation summary,
and ongoing design decisions. Also, maintain a communications log of interactions/communications with the
property owners and general public impacted by the project. Provide copies of project files and records to the
City for audits and public information requests. Final submittal documents shall be provided in electronic
format.
Deliverables
· Monthly invoices, Contract Summary Reports, and Project Status Reports
· Project Design Updates
· Project Documentation listed above
Subtask 1.2: Meetings
This item includes coordination and meetings to successfully complete the project. All meetings are assumed to
be virtual unless otherwise stated.
1. Preparation for and attendance at project kickoff meeting with City staff
a) Up to four Consor staff will attend a 2-hour virtual kickoff meeting with City staff.
RESOLUTION -EXHIBIT A
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
3
b) Other team members will be in attendance, scope and budget are in individual sections below
c) The kickoff meeting will also include a review of the alternative design concepts and will review all original
design assumptions.
2. Up to 14 (twice/month) internal Consor design team coordination and meetings
3. Preparation for and attendance at up to 17 (twice/month + 3 more) virtual project coordination meetings with
City staff.
a) One Consor staff will attend up to 7 1-hour virtual team meetings.
b) Up to two Consor staff will attend up to 10 1-hour virtual team meetings.
c) Other subconsultant team members will attend various virtual meetings as needed, scope and budget are
in individual sections below.
4. Meet with City staff (virtually) after the review of the 30%plan submittal.
Deliverables
· Meeting Agendas and Meeting Summaries
· Summary of Design Assumptions and changes to Design Assumptions
Subtask 1.3: Management, Coordination, and Direction
1. The Consultant shall provide management, coordination, and direction to the project team to complete the
project on time and within budget.
2. The Consultant shall provide quality management for the review of technical work and other deliverable
products.
3. The Consultant shall prepare and maintain a project design schedule. The schedule shall identify Consultant
tasks, major milestones and deliverables, and items provided by the City and other consultants. The schedule
shall be updated as circumstances require.
4. The Consultant shall coordinate Consultant tasks and activities with the City. This will include using the
regularly scheduled meetings to plan and coordinate upcoming activities.
5. The Consultant shall coordinate with private and public utilities, including power, phone, cable, gas, internet
and other utilities. See Task 10 below.
6. The Consultant shall coordinate with WSDOT with the City cc’d on all coordination.
7. The Consultant shall coordinate with property owners adjacent to the project who will be affected by the
project with city involved with all property owner coordination.
Deliverables
· Project Schedule and Schedule Updates
· Summary notes of coordination efforts
Subtask 1.4: Grant Application Support (Contingency)
1. The Consultant shall provide grant application support to the City for the pursuit of additional funds for
construction. These may include but are not limited to TIB grants, Federal STBG funds, or other funding
RESOLUTION -EXHIBIT A
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
4
sources the City may decide to pursue. Without knowing the specific grants or loans to be applied a
contingency budget has been provided that may require a contract amendment.
Deliverables
· Draft grant/loan applications for review by City staff
· Final grant/loan applications
TASK 2. SURVEYING AND PROJECT PHOTOS
PBS will use a combination of conventional survey methods combined with UAS Photogrammetry and UAS Lidar
to generate a Topographic Base map with resolved right-of-way information along Sylvester Street and State
Route 395.
Subtask 2.1: Topographic Survey
Complete land and topographic surveys for the whole project area including some areas outside the bridge and
trail footprint that may be impacted by the project design. These areas include the driveway and pedestrian
pathway on the west side of the bridge and the crosswalk on the east side of the bridge.
1. Right of entry
a. PBS will contact property owners, requesting the right of entry, within the survey area by first class mail at
least 10 days prior to commencing the field surveying. Additionally, at the time of the survey field crews
will knock on doors to inform the residents that the team will be entering upon the property; in instances
where no one is present, the team will leave a door hanger, with project contact information, to let them
know the team was there.
2. Order utility locates.
a. Private utility locates will be coordinated with and performed by a Geophysical Survey.
Deliverables
· AutoCAD drawing of the topographic survey incorporated with the land survey for the project area
· AutoCAD Civil 3D compatible Tin Surface
· Existing ground contours, 1-foot intervals
· Vertical and horizontal datum in conformance with the City of Pasco GIS
· Point files in ASCII format
Subtask 2.2: Site Visits
The consultant will conduct site visits to verify design fits field conditions.
Subtask 2.3: UAS
The consultant will conduct UAS Photogrammetry and UAS Lidar. Aerial imagery collected for the
Photogrammetry/Lidar work will be provided to the project team to aid their work.
Deliverables
Aerials to support the project team.
RESOLUTION -EXHIBIT A
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
5
Subtask 2.4: Project Photos
Consultant will conduct site visits, take project photos of each property along the corridor, and conduct field
verification of survey data represented in project base map. Consultant will use photographs to document pre-
project conditions.
Deliverables
Project Photos
TASK 3. GEOTECHNICAL ENGINEERING
Attend one kickoff meeting with the project team and an additional meeting during the 30% design efforts. We
anticipate the meetings will be 1 hour long and held virtually.
Subtask 3.1: Geologic Map Review, Site Reconnaissance, Project Management, Meetings
1) Collect, review, and assess geotechnical and geological information available for the project alignment and
surrounding areas, including general soil and geologic conditions and potential geological hazards. This
information includes subsurface explorations shown on as-built drawings for the existing Sylvester Street
Bridge crossing US 395.
2) Perform a site reconnaissance of the project alignment to observe the condition of the existing bridge,
approach slopes, and roadways; observe existing ground conditions along the proposed alignment of the new
bridge; and evaluate site constraints that may impact future subsurface explorations.
Subtask 3.2: Geotechnical Engineering Analysis
Conduct limited engineering analyses in accordance with AASHTO and WSDOT design guidelines to develop
preliminary geotechnical considerations and recommendations for:
a) Feasible foundation types and design parameters.
b) Seismic hazards and design parameters
c) Abutments and retaining walls.
Subtask 3.3: Geotechnical Report
1) A preliminary geotechnical memorandum will be prepared that discusses the work accomplished and provides
preliminary geotechnical considerations and recommendations. The preliminary memorandum is intended to
assist with the 30% design of the preferred alternative for the new bridge.
TASK 4. CULTURAL RESOURCE INVESTIGATION
Subtask 4.1: Cultural Resource Investigation
1) Conduct a literature search of the history and background of the area including records held in the
Washington Information System for Architectural and Archaeological Records Data (WISAARD), historical
maps and documents, and readily available ethnographic information.
2) Prepare an EZ Form to initiate consultation for Governor’s Executive Order 21-02
RESOLUTION -EXHIBIT A
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
6
3) Notify Native American tribes with interests in the project area regarding the project and fieldwork schedule.
The tribes will be invited to visit the project area during the scheduled fieldwork.
4) Conduct a surface survey of the proposed project area and other areas where project-related ground
disturbances may occur. This area is expected to be approximately 1,750 feet long and 50 feet wide based on
preliminary design information. Experienced AINW archaeologists will walk pedestrian transects spaced at 10-
meter (33-foot) intervals to visually inspect the ground surface for evidence of archaeological materials or
historic structures. If artifacts are found, they will be noted on the project map and will be described and
photographed but will not be collected.
5) Excavate up to 10 shovel tests that are 30 centimeters (12 inches) in diameter and at least 50 centimeters (20
inches) deep to sample subsurface sediments for buried archaeological deposits. Where soil characteristics
suggest potential for paleosols or buried surfaces, some of the shovel tests will be extended in depth to 100
centimeters (40 inches) or more using a manual bucket auger that is 15 centimeters (6 inches) in diameter.
Artifacts or other evidence of archaeological deposits will be described and photographed, then returned to
the shovel test location and not collected. Shovel test locations will be determined by the AINW Field Director
based on mineral soil visibility, landform characteristics, vegetation, and proximity to water or other resources.
Shovel tests will be plotted on project maps and will be backfilled once the sediments have been examined
6) Identified cultural resources (archaeological sites or isolates and historic-period buildings or structures) will be
documented in the field through photography, sketches, mapping, and description. These data are needed
for completion of state Department of Archaeology and Historic Preservation (DAHP) forms required for
agency and tribal review.
7) Submit a draft and final report (deliverable) to meet DAHP reporting standards for GEO 21-02. The report will
include a description of the project, background information, survey methods, results of the investigation,
documentation of identified cultural resources, and recommendations for proceeding with project
construction. The final report will be submitted electronically and uploaded to the DAHP’s online database,
WISAARD, after project team review and comment.
Assumptions
The above cultural resource scope is based upon the following assumptions:
· Access to the project area for field investigations and notifications to landowners will be made by the City.
· Fieldwork will be done in the Spring of 2025 when weather conditions are warm and relatively dry, and
reporting would be completed by the end of May 2025.
· The amount of shovel testing expected by DAHP and tribes has been increasing over the last several years
and this proposal includes a number of shovel tests comparable to recent previous projects in the area. If
additional shovel testing is required, an amendment may be needed.
· No cultural resources will be identified. If cultural resources are identified in the field, AINW will collect
the data necessary to complete DAHP resource forms. Once the number and types of cultural resources
identified are known, AINW will request a contract amendment to complete the forms and incorporate
them into the reporting.
· AINW endeavors to identify the full extent of the project area prior to field investigations and will cover
that area using the methods described above. However, if the project footprint changes and additional
mobilizations are needed, a contract amendment may be requested.
· No artifacts will be collected.
RESOLUTION -EXHIBIT A
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
7
· Archaeological monitoring of geotechnical investigations is included in phase II of the project as a
contingency task in this scope.
· The following language is included in the contract, which is an exception to the termination clause: “With
the exception of completing requirements and obligations taken on behalf of the client or owner, such as
a permit,…”
Deliverables
· Draft Report (electronic PDF copy)
· Final Report (electronic PDF copy)
TASK 5. DESIGN ASSUMPTION VALIDATION AND ALTERNATIVES ANALYSIS
Consor will prepare the conceptual design and type selection studies (up to 2 options) for the bridge based on the
design assumptions determined during the project kickoff meeting. The evaluation of the bridge alternatives will
include but not be limited to comparisons of constructability, ROW impacts, safety, utility impacts, ease of
maintenance, and cost. The two (2) alternatives are:
Alternative 1: Multi-Span Precast Prestressed Concrete Girder Bridge
Alternative 2: Single-Span Prefabricated Steel Truss Bridge
Subtask 5.1: Alternatives Conceptual Design Plans
1) Prepare preliminary conceptual design for the two bridge alternatives including the following:
a) Bridge Typical Sections
b) Bridge Plan and Elevation
c) Retaining wall locations with conceptual lengths and heights
2) Prepare a preliminary Cost Estimate for each alternative
3) Complete alternatives analysis and prepare an alternative recommendation memo.
Deliverables
· Preliminary plan sets for City review (electronic PDF copy).
· Preliminary Cost Estimate (electronic PDF copy).
· Memo for bridge alternative recommendations
Subtask 5.2: City of Pasco Coordination for Concept Approval
1. Attend and lead one meeting with the City to review the conceptual design alternatives.
2. Gain City concurrence regarding the bridge design concept and recommended alternative.
Deliverables
· Summary of WSDOT Design Concept Concurrence
· WSDOT “Basis of Design” Checklist
Subtask 5.3: WSDOT Coordination for Concept Approval
3. Attend and lead one meeting with WSDOT to review the conceptual design.
RESOLUTION -EXHIBIT A
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
8
4. Gain WSDOT concurrence regarding the bridge design concept
5. Prepare “Basis of Design” for work within WSDOT right-of-way
Deliverables
· Summary of WSDOT Design Concept Concurrence
· WSDOT “Basis of Design” Checklist
TASK 6. ENVIRONMENTAL PERMITTING – (PHASE II ONLY)
Subtask 6.1: SEPA Checklist
Prepare a draft SEPA Checklist and submit to the City project staff for review. Prepare final SEPA Checklist and
submit to the City’s Development Services Department.
Assumptions
· Draft SEPA Checklist to be provided to the City for review
· City will pay agency fees
Deliverables
Draft and Final SEPA Checklist
TASK 7. PUBLIC OUTREACH
Subtask 7.1: Public Involvement/Open House
It is expected that public involvement efforts will focus on getting input from the community on potential bridge
aesthetic treatments and accessibility in addition to communicating about the project itself. It is anticipated that
the Consultant will support the City by developing necessary graphics (video project update) for an in-person
open house, as well as attending up to one in-person event (e.g., Cinco de Mayo or Music and Movies in the Park).
These events will be intended to inform local residents and the general public about the overall project and the
impact that the construction will have on travel in the vicinity. City staff will facilitate the open house and prepare
the advertising/public notices. Consor will prepare a summary of the meetings, including tabulation of the
comments received and will provide this to the City for reference.
Assumptions
· One Consultant staff will attend up to one open house.
· One Consultant staff will attend up to one in-person event.
· The consultant will prepare a Community Engagement Plan.
· The consultant will prepare a Fact sheet in English and Spanish.
· The consultant will prepare up to one survey (online or online and print option).
· The consultant will design and print up to three display boards and promotional materials for open
houses and events (e.g., fact sheet, invite, etc.)
· The consultant will draft project webpage content, the City will update the content and maintain the
project website with Consultant’s help (as needed).
· Up to 4 social media posts.
· The City will advertise the open house and provide light refreshments.
· The City will set up and facilitate open house with Consultant’s help (as needed), and coordinate Spanish
interpretation.
RESOLUTION -EXHIBIT A
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
9
· The Consultant will provide a summary of the comments received from the virtual open house.
· The City will provide review and comments on any materials prepared by the Consultant.
Deliverables
· Community Engagement Plan (CEP)
· One survey (print, online, or both) in English and Spanish, with up to two City reviews
· Fact sheet in English and Spanish, with up to two City reviews
· Summary of survey responses
· Summary of open house
· Webpage content
· Social media content
· Graphics that may be required as part of in-person event and/or open house
TASK 8. RIGHT-OF-WAY – (PHASE II ONLY)
Subtask 8.1: Temporary Construction Easements
It is anticipated that this project will not require ROW acquisition. However, the project will require a minimum
of one TCE at the east side of the bridge.
Subtask 8.2: Right-Of-Way Acquisition Survey (CONTINGENCY ALLOTMENT)
This subtask will mathematically resolve the boundaries for up to two new parcels and update the overall ROW
plan. PBS will examine title reports for each of the two properties for existing easements and encumbrances that
could adversely affect ROW acquisition.
· Obtain title reports for up to two additional parcels
· Prepare exhibits and legal descriptions for ROW acquisition for each of the two additional parcels
· Prepare exhibit and legal description for potential Charter Communications easement
Deliverables
Updated ROW plan to include up to two additional properties along with acquisition exhibits for those
properties including maps and legal descriptions. Exhibit and legal description for Charter Communications
easement.
Subtask 8.3: Right-Of-Way Acquisition (CONTINGENCY ALLOTMENT)
This task is to review the potential update to the ROW plan and determine the steps needed to acquire
additional right-of-way. The budget for this task is not intended to cover the entire potential scope of the
additional ROW acquisition but to help start the process while a supplemental agreement is prepared.
Deliverables
Strategy for accomplishing the updated ROW acquisition and a scope and budget for the additional work
associated.
Subtask 8.3: Right-Of-Way Marking and Record of Survey (ROS)
Set ⅝-inch by 30-inch iron pins or other permanent monuments as appropriate at right-of-way angle points,
points of curvature, points of tangency, and intersections with existing rights-of-way. Prepare and record a record
of survey in accordance with RCW 58.09, WAC 332-130-050, and the requirements of WSDOT Plans Preparation
Manual, Document M 22-33.10. The budget for this task allows for three field days and five days in the office.
· Set right-of-way limit monuments
· Prepare and record a record of survey
RESOLUTION -EXHIBIT A
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
10
Deliverables
Record of survey in electronic and hard copy format
TASK 9. DESIGN ENGINEERING: PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
In Phase I of this project the Consor team will advance the design from the preliminary plans prepared in Task 5 to
30%, design based on the preferred alternative determined from the public outreach meeting results. Phase II will
include advancing the 30% design to the final PS&E. The design scope and fee of phase II will be added later once
the bridge alternative has been selected. The bridge design will be in accordance with the requirements of the
AASHTO LRFD Bridge Design Specifications, 9th Edition, 2020 and WSDOT Bridge Design Manual (LRFD), July 2024.
The trail design will meet all Washington State Regulations, ADA and U.S. Access Board requirements, The Consor
team will be responsible for providing design engineering services for the deliverables outlined below for the
following submittals:
30% Submittal
Quality Assurance/Quality Control (QA/QC)
Subtask 9.1: 30% Design (PS&E)
The Consultant will develop construction documents to the 30% design stage based on the review comments
from the City and WSDOT on the preliminary plans and the approved Bridge Type Selection Report. The plans for
the Plans will be updated for the overall project including the trail layout and preliminary grading, preliminary
retaining wall design, and bridge design, . Preliminary foundation sizes, locations, and depths will also be
determined. These documents will consist of plans, a bid item list, and an opinion of probable construction cost.
Stormwater design effort under this section includes identifying preliminary locations and types of stormwater
disposal facilities based on geotechnical site information, as well as the conveyance infrastructure necessary to
support the 30% design submittal package for improvements.
The following plan sheets are anticipated within the 30% set.
Cover Sheet (1)
General Notes and Legend (1)
Site Prep Plan (2)
Grading and Erosion Control Plan (4)
Typical Sections (Trail) (1)
Trail Layout (2)
Trail Profile (2)
Preliminary Stormwater Layout (1)
Bridge Plan and Elevation (1)
Abutment Layout (2)
Bent Layout (1)
Typical Section (1)
Girder Layout (2)
Retaining Wall Layout (4)
Deliverables
30% Plans (1 electronic copy/PDF)
30% Cost Estimates with 25% contingency (1 electronic copy/Excel)
RESOLUTION -EXHIBIT A
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
11
Subtask 9.2: Quality Control/Quality Assurance
Consor will provide documented Quality Control/Quality Assurance on the drawings and calculations. This will
include an independent review of the complete PS&E package by a senior engineer.
Deliverables
QA/QC of PS&E package
TASK 10. UTILITY COORDINATION
Subtask 10.1: Utility Coordination
· Identify all utilities within the project limits; obtain system mapping from utilities located within the
project limits. Review this mapping for consistency with the project base map.
· Conduct a utility reconnaissance of the entire project area to determine visual evidence of
underground and aboveground utility facilities and confirm utility-provided facility maps and project
basemap completeness.
· Identify and discuss special requirements associated with each utility facility relocation, modification,
or extension.
· Distribute electronic copies (PDF) of the 30% plans to the utility companies for their review and use.
· Submit a monthly report summarizing the type of contact made with each utility, the status of work
on each utility relocation plan and the anticipated completion date of each phase or activity.
Deliverables
· Utility Contact Lists & Coordination Summary Notes
· Existing utilities identified and included in survey base map
Subtask 10.2: Utility Coordination Meetings
· Prepare for and attend up to two meetings for strategizing and planning utility coordination and
relocations with City and/or Project Design Team
· Organize group/individual utility meetings as necessary to provide the latest overall project
information. Such meetings will address known facilities, potential for impact, timing requirements for
potential relocations, and initial information of reimbursable requirements. Organize up to two
meetings. Prepare and transmit meeting agendas and meeting minutes to all parties concerned.
Electronic copies (PDF) of the 30% will be provided to the utility companies for their review and use.
Deliverables
· Meeting agenda and summary for two meetings
Subtask 10.3: Utility Conflict Identification, Analysis and Recommended Resolution
Identify and analyze utility conflicts, compile and distribute utility conflict lists involving aboveground, surface and
underground conflicts.
· Produce utility conflict plan sheets based on preliminary (~30%) design plans and accompanying
utility conflict spreadsheets indicating but not limited to conflict item number, type of utility, conflict
status, average cover during and after construction, whether utility is in or out of public right-of-way,
and comments.
RESOLUTION -EXHIBIT A
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
12
Deliverables
· Preliminary utility conflict analysis based on 30% plans within 20 days of 30% submittal.
Subtask 10.4: Utility Conflict Notification and Utility Relocations
Notify the impacted utilities and coordinate the efforts of the utility agencies in developing a preliminary plan for
relocating utilities to resolve conflicts with the project design. As part of that effort:
· Prepare and deliver to each involved utility owner a Conflict Notice with an attached conflict list and
map. Assume up to 5 different utility operators. Notice shall require a utility response in the form of a
proposed facility adjustment plan and schedule to complete the utility work. Allow each utility a 30-day
period to respond with a proposal from date of the notice.
Deliverables
· Conflict notice letter and attachments for each utility.
TASK 12. TRAFFIC SIGNAL MODIFICATION AND TRAIL ILLUMINATION DESIGN (CONTINGENCY)
– (PHASE II ONLY)
Subtask 12.1: Traffic Signal Modification
This task is associated with the design modifications of a traffic signal at the intersection of W Sylvester St and
Rd28. The following plans will be prepared as part of this subtask:
Traffic Signal Legend (NTS) - one sheet
W Sylvester St and Rd28 Traffic Signal Modification Plan - two sheets
Deliverables
A total of three (3) plan sheets will be prepared with submittals provided at the 30% consistent with the
rest of the design work.
TASK 13. PROJECT MANAGEMENT AND DESIGN ENGINEERING SERVICES DURING
CONSTRUCTION BIDDING – (PHASE II ONLY)
Subtask 13.1: Pre-Bid Opening Responsibilities
The Consultant shall respond to questions from prospective bidders and City staff before bid opening in reference
to the bid package.
Deliverables
Electronic responses to bidder inquiries, submittals, addenda, and RFIs
· Answer pre-bid questions
CITY DELIVERABLES TO THE CONSULTANT
Sample Projects
The City will provide copies of sample City projects and design guidelines. The City will also provide electronic files
of title blocks, standard details for streets, traffic signals, street lighting, and other available details.
RESOLUTION -EXHIBIT A
Sylvester Street Ped/Bike Overpass Scope of Work
City of Pasco
525 N 3rd Ave
Pasco, Washington
13
Project Coordination
The City will assist the Consultant in managing relationships with other jurisdictions involved in the project,
adjacent property owners, and the public. The City will provide staff to meet and discuss the project with the
Consultant as needed. The City will provide written comments pertaining to the design submittals.
Utility List
The City will provide the Consultant with a list of local contacts for utilities within the project limits. Design and
plan preparation for the addition or relocation of utilities within the project limits will be completed by others.
Street Light Requirements
The City will provide the illumination type, the minimum illumination levels, and uniformity ratios to be used in the
project design.
Deliverables
Sample projects
Project coordination
Pavement type & structural sections selection
Utility list
Street light requirements
RESOLUTION -EXHIBIT A
Exhibit B
DBE Participation
Agreement Number:
Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
RESOLUTION -EXHIBIT A
-None
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I.Surveying, Roadway Design & Plans Preparation Section
A.Survey Data
B.Roadway Design Files
C.Computer Aided Drafting Files
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4
RESOLUTION -EXHIBIT A
-See scope of work in Exhibit A
-Not Applicable
-AutoCAD Civil3D (.dwg) format compatible with version 2019 or newer, see scope of work in Exhibit A.
D.Specify the Agency’s Right to Review Product with the Consultant
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4
RESOLUTION -EXHIBIT A
-See scope of work in Exhibit A
-See scope of work in Exhibit A
-See scope of work in Exhibit A
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4
RESOLUTION -EXHIBIT A
-Email, SharePoint, Dropbox or any other agreed upon file sharing service.
-See scope of work in Exhibit A
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 4 of 4
RESOLUTION -EXHIBIT A
-Email, Microsoft Outlook
-PDF, Microsoft Office, or Hard Copy
Microsoft Office, Bluebeam
Exhibit D
Prime Consultant Cost Computations
Agreement Number:
Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
RESOLUTION -EXHIBIT A
July 16, 2024
Consor North America, Inc.
888 SW 5th Ave, Suite 1170
Portland, OR 97204-2025
Subject: Acceptance FYE 2023 ICR – CPA Report
Dear Heather Champion:
We have accepted your firm’s FYE 2023 Indirect Cost Rate (ICR) of 171.29% (rate includes
0.26% Facilities Capital Cost of Money) based on the “Independent CPA Report” prepared by
Aldrich CPAs + Advisors. This rate will be applicable for WSDOT Agreements and Local Agency
Contracts in Washington only. This rate may be subject to additional review if considered
necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: sms
RESOLUTION -EXHIBIT A
Sylvester Street Overpass Pedestrian/Bicycle Access
City of Pasco
PROPOSED FEE ESTIMATE
LABOR CLASSIFICATION (HOURS)
Principal
Engineer VI
Principal
Engineer III
Principal
Engineer I Principal II
Professional
Engineer VII
Professional
Engineer IX
Professional
Engineer VII
Project
Manager II
Professional
Engineer III
Professional
Engineer VI
Engineering
Designer IV
Professional
Engineer IV
Project
Coordinator IV Administrative III Project Manager IV
Project
Coordinator II Project Manager I Technician IV
Engineering
Designer I
Professional
Engineer VII Hours Labor Overhead Fixed Fee Survey Geotech
Cultural
Resources
Environmental
Permits ROW Traffic Engineering Enter
Subconsultant
Multiplier
% Markup
Subconsultant Total with
Markup Expenses
CADD Units
$18/hr GIS Units $10/hr Total
$118.85 $91.55 $86.37 $83.37 $72.00 $73.00 $68.75 $64.52 $60.00 $61.28 $59.61 $56.68 $47.14 $45.31 $76.96 $39.77 $49.53 $43.62 $36.31 $70.79
$118.85 $91.55 $86.37 $83.37 $72.00 $73.00 $68.75 $64.52 $60.00 $61.28 $59.61 $56.68 $47.14 $45.31 $76.96 $39.77 $49.53 $43.62 $36.31 $70.79
Task 1 - PROJECT MANAGEMENT AND
ADMINISTRATION
Task 1.1 -
Contract Administration, Invoicing, and Progress
Reports 5 22 4 4 35 2,548$ 4,365$ 764$ 1.0 -$ -$ -$ -$ 7,677$
Task 1.2 - Meetings 30 2 36 2 70 6,459$ 11,064$ 1,938$ 1.0 -$ -$ -$ -$ 19,461$
Task 1.3 - Management, Coordination, and Direction 14 26 6 6 52 4,091$ 7,007$ 1,227$ 1.0 -$ -$ -$ -$ 12,325$
Task 1.4 - Grant Application Support (Contingency)16 8 14 38 3,440$ 5,893$ 1,032$ 1.0 -$ -$ -$ -$ 10,365$
Task 1 Subtotal 65 0 2 0 92 0 14 2 0 0 0 0 10 10 0 0 0 0 0 0 195 16,538$ 28,328$ 4,961$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 49,827$
Task 2 - SURVEYING AND PROJECT PHOTOS
Task 2.1 - Topographic Survey 0 -$ -$ -$ 63069 1.0 63,069$ -$ -$ -$ 63,069$
Task 2.2 - Site Visits 8 8 951$ 1,629$ 285$ 1.0 -$ -$ -$ -$ 2,865$
Task 2.3 - UAS 0 -$ -$ -$ 9,325$ 1.0 9,325$ -$ -$ -$ 9,325$
Task 2.4 - Project Photos 8 8 951$ 1,629$ 285$ 1.0 -$ -$ -$ -$ 2,865$
Task 2 Subtotal 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 1,902$ 3,257$ 570$ 72,394$ -$ -$ -$ -$ -$ -$ 72,394$ -$ -$ -$ 78,123$
Task 3 - GEOTECHNICAL ENGINEERING
Task 3.1 -
Geologic Map Review, Site Reconnaissance,
Project Management, Meetings 0 -$ -$ -$ 5,641$ 1.0 5,641$ -$ -$ -$ 5,641$
Task 3.2 - Geotechnical Engineering Analysis 0 -$ -$ -$ 4,360$ 1.0 4,360$ -$ -$ -$ 4,360$
Task 3.3 - Geotechnical Report 0 -$ -$ -$ 5,967$ 1.0 5,967$ -$ -$ -$ 5,967$
Task 3 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ 15,968$ -$ -$ -$ -$ -$ 15,968$ -$ -$ -$ 15,968$
Task 4 - CULTURAL RESOURCE INVESTIGATION
Task 4.1 - Cultural Resource Investigation 0 -$ -$ -$ 20,989$ 1.0 20,989$ -$ -$ -$ 20,989$
Task 4 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ 20,989$ -$ -$ -$ -$ 20,989$ -$ -$ -$ 20,989$
Task 5 -
DESIGN ASSUMPTION VALIDATION AND
ALTERNATIVES ANALYSIS
Task 5.1 - Alternatives Conceptual Design Plans 8 10 30 60 100 208 13,536$ 23,185$ 4,061$ 1.0 -$ -$ -$ -$ 40,781$
Task 5.2 -
City of Pasco Coordination for Concept Approval
6 4 8 18 1,635$ 2,800$ 490$ 1.0 -$ -$ -$ -$ 4,925$
Task 5.3 - WSDOT Coordination for Concept Approval 6 4 12 8 30 2,403$ 4,115$ 721$ 1.0 -$ -$ -$ -$ 7,239$
Task 5 Subtotal 20 0 18 0 50 0 0 0 68 0 100 0 0 0 0 0 0 0 0 0 256 17,573$ 30,100$ 5,272$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 52,945$
Task 6 - ENVIRONMENTAL PERMITTING -
(PHASE II ONLY)
Task 6.1 - SEPA Checklist 0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 6 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Task 7 - PUBLIC OUTREACH
Task 7.1 - Public Involvement/Open House 6 2 101 3 16 20 148 9,231$ 15,812$ 2,769$ 1.0 -$ 15,074$ -$ -$ 42,887$
Task 7 Subtotal 6 0 0 0 2 0 0 101 0 0 0 0 0 0 3 16 20 0 0 0 148 9,231$ 15,812$ 2,769$ -$ -$ -$ -$ -$ -$ -$ -$ 15,074$ -$ -$ 42,887$
Task 8 - RIGHT-OF-WAY - (PHASE II ONLY)
Task 8.1 - Temporary Construction Easements 0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 8.2 -
Right-Of-Way Acquisition Survey
(CONTINGENCY ALLOTMENT)0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 8.3 -
Right-Of-Way Acquisition (CONTINGENCY
ALLOTMENT)0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 8.4 -
Right-Of-Way Marking and Record of Survey
(ROS) 0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 8 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Task 9 -
DESIGN ENGINEERING: PLANS,
SPECIFICATIONS, AND ESTIMATE (PS&E)
Task 9.1 - 30% Design (PS&E) 8 16 16 32 16 40 28 60 200 16 432 24,068$ 41,226$ 7,220$ 1.0 -$ -$ -$ -$ 72,515$
Task 9.2 - 60% Design (PS&E) - (Phase II Only)0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 9.3 - 90% Design (PS&E) - (Phase II Only)0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 9.4 - Final Design (PS&E) - (Phase II Only)0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 9.5 - Quality Control/Quality Assurance 10 10 916$ 1,568$ 275$ 1.0 -$ -$ -$ -$ 2,758$
Task 9 Subtotal 8 10 16 16 32 0 16 0 40 28 60 0 0 0 0 0 0 200 16 0 442 24,984$ 42,794$ 7,495$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 75,273$
Task 10 - UTILITY COORDINATION
Task 10.1 - Utility Coordination 4 16 32 52 3,270$ 5,601$ 981$ 1.0 -$ -$ -$ -$ 9,851$
Task 10.2 - Utility Coordination Meetings 2 2 8 8 20 1,419$ 2,431$ 426$ 1.0 -$ -$ -$ -$ 4,276$
Task 10.3 -
Utility Conflict Identification, Analysis and
Recommended Resolution 1 1 16 36 54 3,399$ 5,823$ 1,020$ 1.0 -$ -$ -$ -$ 10,242$
Task 10.4 -
Utility Conflict Notification and Utility
Relocations 1 1 4 16 22 1,390$ 2,380$ 417$ 1.0 -$ -$ -$ -$ 4,187$
Task 10 Subtotal 4 0 0 0 8 44 0 0 0 0 0 92 0 0 0 0 0 0 0 0 148 9,478$ 16,235$ 2,843$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 28,556$
Task 11 -
TRAFFIC SIGNAL MODIFICATION AND
TRAIL ILLUMINATION DESIGN
(CONTINGENCY) - (PHASE II ONLY)
Task 11.1 - Traffic Signal Modification 0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 11 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Task 12 -
PROJECT MANAGEMENT AND DESIGN
ENGINEERING SERVICES DURING
CONSTRUCTION BIDDING - (PHASE II
ONLY)
Task 12.1 - Pre Bid Opening Responsibilities 0 -$ -$ -$ 1.0 -$ -$ -$ -$ -$
Task 12 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Task 13 -
PROJECT MANAGEMENT AND DESIGN
ENGINEERING SERVICES DURING
CONSTRUCTION BIDDING - (PHASE II
ONLY)
Task 13.1 - Pre Bid Opening Responsibilities 0 -$ -$ -$ 1.1 -$ -$ -$ -$ -$
Task 13 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
TOTAL - ALL TASKS 119 10 36 16 184 44 30 103 108 28 160 92 10 10 3 16 20 200 16 0 1205 79,705$ 136,527$ 23,912$ 72,394$ 15,968$ 20,989$ -$ -$ -$ -$ 109,351$ 15,074$ -$ -$ 364,568$
Average Billing Rate Estimated per Classification/Staff
Subconsultants
Client
Month Year Consor
Project Name
Page 1
RESOLUTION -EXHIBIT A
Exhibit E
Sub-consultant Cost Computations
If no sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI “Sub-Contracting” of this AGREEMENT.
Agreement Number:
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
RESOLUTION -EXHIBIT A
July 11, 2024
PBS Engineering and Environmental, Inc.
214 E Galer St, Suite 300
Seattle, WA 98102
Subject: Acceptance FYE 2023 ICR – CPA Report
Dear Nicole Edmondson:
We have accepted your firm’s FYE 2023 Indirect Cost Rate (ICR) of 180.66% (rate includes
0.97% Facilities Capital Cost of Money) based on the “Independent CPA Report” prepared by
Stambaugh Ness. This rate will be applicable for WSDOT Agreements and Local Agency
Contracts in Washington only. This rate may be subject to additional review if considered
necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: sms
RESOLUTION -EXHIBIT A
LABOR CLASSIFICATION (HOURS)
Unmanned Aerial Sys
Operator III Hours Labor Overhead Profit (Fixed Fee)Expenses Total
$73.00 $45.00 $31.00 $71.26 $34.00 $45.96 $32.00
TBD René Pérez Blake Hazen Field Crew Bob Eisle Derrick Westoby Renea Parker 180.66%30.00%
Task 2 - Survey
Research 12.00 31.50 2.00 45.50 1,916.50$ 3,462.35$ 574.95$ 5,953.80$
Boundary 17.00 16.00 96.00 38.00 3.00 170.00 7,740.88$ 13,984.67$ 2,322.26$ 24,047.82$
Topo and UAS 4.00 16.00 97.00 64.00 59.00 5.00 245.00 10,745.64$ 19,413.07$ 3,223.69$ 8,510.00$ 41,892.41$
Right of Way Map and set Pins 0.00 -$ -$ -$ 500.00$ 500.00$
Task 2 Subtotal 33.00 32.00 224.50 102.00 59.00 0.00 10.00 460.50 20,403.02$ 36,860.10$ 6,120.91$ 9,010.00$ 72,394.02$
TOTAL - ALL TASKS 33.00 32.00 224.50 102.00 59.00 0.00 10.00 460.50 20,403.02$ 36,860.10$ 6,120.91$ 9,010.00$ 72,394.02$
Staff Name
Survey VI Survey IV Survey II Survey 2 Person
Crew
Average Billing Rate Estimated per Classification/Staff
AdminUnmanned Aerial
Sys Operator I
Sylvester St Pedestrian Bridge Crossing 30% Design
PBS Engineering & Environmental, Inc.
PROPOSED FEE ESTIMATE
RESOLUTION -EXHIBIT A
August 14, 2024
Geotechnical Resources, Inc
16520 SW Upper Boones Ferry Road, Suite 100
Tigard, OR 97224
Subject: Acceptance FYE 2023 ICR – CPA Report
Dear Adam Hope:
We have accepted your firm’s FYE 2023 Indirect Cost Rate (ICR) of 168.27% of direct labor (rate
includes 0.80% Facilities Capital Cost of Money) based on the “Independent CPA Report”
prepared by KCOE ISOM, 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 agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: kb
RESOLUTION -EXHIBIT A
3.5% 167.47%
100%0.80%
0%30.0%
Project Name:City of Pasco Sylveseter St. Ped Overpass 0%
Date:1/23/2025 0%
Rates Effective 7/1/2024 1.00
Staff Role/Title:
Staff Name:
Direct Salary Rate Max $ 101.51 $ 72.13 $ 62.50 $ 52.88 $ 46.88 $ 34.83 $ 34.65 $ 40.18 $ 41.59 $ 40.75
Bill Rate 302.77$ 215.14$ 186.42$ 157.73$ 139.83$ 103.89$ 103.35$ 119.84$ 124.05$ 121.55$
Task ID Task Description Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Total Hours Direct Labor Overhead Profit Total Labor Subconsultants
Direct
Expenses Lab Costs TOTALS
3 30% Preliminary Geotechnical Engineering 9 33 - - 34 - 1 4 2 2 - 85 15,652.57$ -$ 315.60$ -$ 15,968$
3.1 Geologic Map Review, Site Reconnaissance,
Project Management, Meetings 3 15 5 2 2 27 1,785.53$ 3,004.51$ 535.66$ 5,325.70$ -$ 315.60$ -$ 5,641$
3.2 Geotechnical Engineering Analyses 2 9 13 24 1,461.61$ 2,459.45$ 438.48$ 4,359.55$ -$ -$ -$ 4,360$
3.3 Geotechnical Report 4 9 16 1 4 34 2,000.64$ 3,366.48$ 600.19$ 5,967.31$ -$ -$ -$ 5,967$
Tasks Summary of Hours 9 33 - - 34 - 1 4 2 2 - 85 15,652.57$ -$ 315.60$ -$ 15,968.17$
Recommended Project Budget:16,000.00$
Engineering
Assistant
CAD
Operator
Technical
Editor
Administrative
Assistant
Project
Accountant OpenSenior
Engr/Geol
Project
Engr/Geol
Engr/Geol
Staff
Accepted Overhead
FCCM
**Negotiated Profit
Annual Escalation Rate
% of budget through June 2025
% of budget through June 2026
% of budget through June 2027
% of budget through June 2028
Weighted Escalation Factor
Principal Associate
**Rates below are based on a standard 30% profit but are negotiated contract by contract. Adjust as needed.
1
RESOLUTION -EXHIBIT A
August 30, 2024
Archaeological Investigations Northwest, Inc.
3510 NE 122nd Ave
Portland, OR 97230
Subject: Acceptance FYE 2023 ICR – Risk Assessment Review
Dear Bill Parietti:
Based on Washington State Department of Transportation’s (WSDOT) Risk Assessment review
of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2023 ICR of 169.82%.
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) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH:sms
RESOLUTION -EXHIBIT A
Archaeological Investigations Northwest, Inc.
CLIENT: City of Pasco
Project Name: Sylvester Street Overpass Pedestrian/Bicycle Access (City Project No. 23 577)
Date: September 3, 20243/3/2025
JOB CLASSIFICATIONS: Director
Environ.
Planner 5
Senior
Graphic
Designer
Deputy Environ.
Planner 2
Administrtive
Assistant 5
Environ. Spec.
5
Environ. Spec.
3
Transportatn
Planning Tech
1
Task Description
Officer/Senior
Archaeologist
APM / PM /
Senior Archaeo.
GIS -
Graphics
Senior Level
Staff
PM/Senior
Architectural
Historian
Supervising
Archaeo.
Project Admin
/ Project
Assistant /
Research
Architectural
Historian Staff Archaeo.Archaeo.
Assistant Hours Labor Expenses Total
4.1 Coordination; EZ Form Preparation; Fieldwork
Surface Survey and Shovel Tests (10); Report 24 6 75 4 24 133 $19,745.02 $1243.48 $20,988.50
Total Labor Hours 0 24 6 0 75 4 0 24 0 133
Direct Labor Rate $82.00 $73.60 $63.60 $60.50 $45.00 $46.65 $43.27 $36.50 $20.00
Overhead NTE $139.25 $124.99 $108.01 $102.74 $76.42 $79.22 $73.48 $61.98 $33.96
Fixed Fee NTE $24.60 $22.08 $19.08 $18.15 $13.50 $14.00 $12.98 $10.95 $6.00
Combined Labor Rates $245.85 $220.67 $190.69 $181.39 $134.92 $139.87 $129.73 $109.43 $59.96
Direct Labor $0.00 $1766.40 $381.60 $0.00 $3375.00 $186.60 $0.00 $876.00 $0.00 $6,585.60
Overhead $0.00 $2999.76 $648.06 $0.00 $5731.50 $316.88 $0.00 $1487.52 $0.00 $11,183.72
Fixed Fee $0.00 $529.92 $114.48 $0.00 $1012.50 $56.00 $0.00 $262.80 $0.00 $1,975.70
Total Labor $0.00 $5,296.08 $1,144.14 $0.00 $10,119.00 $559.48 $0.00 $2,626.32 $0.00 $19,745.02 $19,745.02 $1243.48 $20,988.50
4.1 DIRECT EXPENSES Each Qty Total
Vehicle Mileage 1 RT x 1 vehicles x 430 mi $0.67 430 $288.10
Vehicle Mileage 1 DT x 1 vehicles x 10 mi $0.67 10 $6.70
Meals 3 days x 2 people $60.00 6 $360.00 $19,745.02 $1,243.48 $20,988.50
Hotel ($130) plus tax for 2 nights x 2 people $147.17 4 $588.68
TOTAL EXPENSES TASK $1243.48
DIRECT EXPENSES Each Qty Total
Vehicle Mileage 2 RT x 1 vehicles x 430 mi $0.67 0 $0.00
Vehicle Mileage 8 DT x 1 vehicles x 10 mi $0.67 0 $0.00
Meals 12 days x 1 person $60.00 0 $0.00
Hotel ($130) plus tax for 10 nights x 1 person $147.17 0 $0.00
TOTAL EXPENSES TASK $0.00
TOTAL EXPENSES $1243.48
FN: AINW-Sylvester Street Overpass 12-17-2024
GRAND TOTAL
RESOLUTION -EXHIBIT A
Agreement Number ____________ Local Agency A&E Professional Services Cost
Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4.Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (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 sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including, but not limited to:
a.withholding payments to the contractor under the contract until the contractor complies; and/or
b.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
RESOLUTION -EXHIBIT A
#23 557
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
•Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
•Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
RESOLUTION -EXHIBIT A
#23 557
Exhibit G
Certification Documents
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of _______________________________
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
RESOLUTION -EXHIBIT A
Agency
#23 557
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
whose address is
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
RESOLUTION -EXHIBIT A
Consor North America, Inc.
400 E Mill Plain Blvd Ste 400 Vancouver, WA 98660
Consor North America, Inc.
March 7, 2025
#23 557
Exhibit G-1(b) Certification of
I hereby certify that I am the:
Other
of the , and
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
RESOLUTION -EXHIBIT A
Agency
City of Pasco Consor North America, Inc.
#23 557
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I.The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D.Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II.Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
RESOLUTION -EXHIBIT A
Consor North America, Inc.
March 7, 2025
#23 557
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 suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant’s agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
RESOLUTION -EXHIBIT A
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
RESOLUTION -EXHIBIT A
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
•Summation of hours by classification for each firm that is included in the claim;
Any correspondence that directed the consultant to perform the additional work;
Timeframe of the additional work that was outside of the project scope;
•Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency’s project manager. The project manager will review the consultant’s claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
RESOLUTION -EXHIBIT A
Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
Copy of information supplied by the consultant regarding the claim;
•Agency’s summation of hours by classification for each firm that should be included in the claim;
Any correspondence that directed the consultant to perform the additional work;
•Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
•Explanation regarding those areas in which the Agency does/does not agree with the consultant’s
claim(s);
Explanation to describe what has been instituted to preclude future consultant claim(s); and
Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
RESOLUTION -EXHIBIT A