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HomeMy WebLinkAboutBerger ABAM - WSDOT LAG Agreement Feasibility Traffic Study�i BergerABAM 33301 Ninth Avenue South, Suite 300, Federal Way, Washington 98003-2600 206/431-2300 • 206/431-2250 Fax • wwwAbam.com Transmittal Memorandum To: Mr. Ahmad Qayoumi City of Pasco 525 North 3rd Regarding: LAG ❑ Prints ® Originals ❑ Reproducibles lam- C�i L' Z® JAN f 4 �OfS pUgLlC L'JORkS4Z)1411. Date: 12 January 2015 Project: Feasibility Traffic Study for Intchgs Our Number: P14.0125.00 Your Number: ❑ Photocopies ® Other Quantity ID Number Date Description Prepared/signed LAG Agreement Remarks: Admad, Happy New Year!! When this contract has been fully executed, please return a copy to me at the above address. I will make sure Alma gets a copy. Thank you! cc: By: Kelly Robinson Title: Senior Department Coordinator Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): BergerABAM Inc. Address Remit to Address 33301 Ninth Ave S Ste 300, Federal Way WA 98003 same UBI Number Federal TIN or SSN Number 601110595 91-1422812 Execution Date Completion Date Exhibit G 12/31/15 1099 Form Required Federal Participation ❑ Yes ❑i No Q Yes ❑ No Description of Work The Feasibility Traffic Study for Interchanges is the fust phase of a multiphased project to identify, recommend, approve, and design a solution to the traffic congestion throughout the City. Under this cope of work, the Consultant shall study the feasibility of redistributing traffic to meet current and future traffic demands and identify transportation improvement projects to reduce congestion. ❑ Yes Q No DBE Participation Maximum Amount Payable: $379,803 ❑ YesI❑ No MBE Participation ❑ Yes ❑i No WBE Participation ❑ Yes Q No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase - N/A Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 14 Revised 10/30/2014 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Pasco hereinafter called the "AGENCY," and the "Finn / 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 terns, 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 Exhibits A, D, and E The Scope of Work and projected level of effort required for these SERVICES is described in `-Aibii'n"r 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 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: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 14 Revised 1013012014 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. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. 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: Name: Ahmad Qayoumi Agency: City of Pasco Address: 525 North 3rd City: Pasco State: WA Zip: 99301 Email: qayoumia@pasco-wa-gov Phone: 509-544-3080 Facsimile: IV. Time for Beginning and Completion If to CONSULTANT: Name: Jihna Jimenez Agency: BergerABAM Inc. Address: 33301 Ninth Avenue S., Suite 300 City: Federal Way State: WA Zip: 98003 Email: jilmajimenez@abam.com Phone: 206-357-5627 Facsimile: 206-357-5601 The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 14 Revised 10/3012014 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfi-.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "D" and `B" attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated rates shall be memorialized in a final written acknowledgement between the parties. Such final written acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgement, to 180 days following the CONSULTANT's fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E", will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12) month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement between the parties. Such final written acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will be applicable for the twelve (12) month period. The fixed fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rates under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgement. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fixed fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fixed fee. Agreement Number: Local Agency ABE Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14 Revised 1013012014 B. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and all revisions thereto. Air, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs " The billing for Direct Non -salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates established in Exhibit "D," including names and classifications of all employees, and billings for all direct non - salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. E. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings. F. 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. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 5 of 14 Revised 1013012014 VI. Sub -Contracting The AGENCY pertnits 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 `B" 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 *1 -"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 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 6 of 14 Revised 1013012014 VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d -4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the 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 in accordance with the termination for other than default clauses listed previously. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 7 of 14 Revised 1013012014 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 I 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 "d": In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 8 of 14 Revised 1013012014 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 by the Parties. 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. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 9 of 14 Revised 1013012014 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: Ahmad Qayoumi Agency: City of Pasco Address: 525 North 3rd City: Pasco State: WA Zip: 99301 Email: gayoumia@pasco-wa-gov Phone: 509-544-3080 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 or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 14 Revised 1013012014 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 XII "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 WSDOT at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14 Revised 10/3012014 XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, 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. 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. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14 Revised 1013012014 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, whichever is. "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' infonnation. 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 (`BSI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14 Revised 1013012014 For purposes of this AGREEMENT, "ESP' 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 Signature January 12, 2015 Date A -I Vj Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency ABE Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14 Revised 1013012014 Se attached Exhibit A-1. Exhibit A Scope of Work Project No. Agreement Number: WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 1013012014 Exhibit A Scope of Services City of Pasco Feasibility Traffic Study for Interchanges Submitted to City of Pasco Pasco, Washington December 2014 Submitted by BergerABAM Inc. 33301 Ninth Avenue South, Suite 300 Federal Way, Washington 98003-2300 Job No. A15.0064.00 EXHIBIT A-1 SCOPE OF SERVICES Feasibility Traffic Study for Interchanges TABLE OF CONTENTS SECTION PAGE ABBREVIATIONS.................................................................................................................................. iv EXHIBIT A SCOPE OF SERVICES FEASIBILITY TRAFFIC STUDY FOR INTERCHANGES 1 INTRODUCTION.....................................................................................................................................1 PHYSICALPROJECT LIMITS...............................................................................................................1 Freeway...................................................................................................................................................1 Roadways................................................................................................................................................1 Intersections........................................................................................................................................... l SCOPEOF SERVICES.............................................................................................................................2 GENERALASSUMPTION(S)................................................................................................................2 Phase 1— Feasibility Traffic Study for Interchanges......................................................................2 WorkPerformed by the CITY.............................................................................................................3 WORK ELEMENT 1: PROJECT MANAGEMENT............................................................................3 Task 1.1— Implement Quality Control Program.............................................................................3 Task 1.2 — Monthly Progress Reports and Billings.........................................................................3 Task 1.3 —Progress Meeting(s)............................................................................................................4 Task 1.4 — Project Administration......................................................................................................5 Task1.5 — Phase 2 Scoping..................................................................................................................5 Task1.6 — Project Schedule.................................................................................................................5 WORK ELEMENT 2: BACKGROUND/DATA COLLECTION......................................................5 Task2.1— Base Map..............................................................................................................................5 Task2.2 — Previous Studies and Reports..........................................................................................6 Task2.3 — Traffic Counts.....................................................................................................................6 Task 2.4 — Collect AirSage O -D Data (Optional).............................................................................6 City of Pasco BergerABAK A15.0064.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A Page ii WORK ELEMENT 3: CONSENSUS BUILDING...............................................................................7 Task 3.1— Technical Advisory Committee Support .......................................................................7 Task 3.2 — Executive Committee Support.........................................................................................7 WORK ELEMENT 4: 2040 TRAVEL DEMAND MODELING........................................................8 Task4.1— BFCOG Coordination........................................................................................................8 Task 4.2 — Review and Assess Traffic Model...................................................................................9 Task 4.3 — Existing and Future Baseline Conditions Report .........................................................9 WORK ELEMENTS: ALTERNATIVES EVALUATION................................................................10 Task 5.1— Identify Network Scenario Alternatives......................................................................10 Task5.2 — Evaluate Network Scenarios..........................................................................................10 WORK ELEMENT 6: PUBLIC INVOLVEMENT.............................................................................11 Task6.1— Public Involvement Plan ................................................................................................11 Task6.2 — Open House.......................................................................................................................12 WORK ELEMENT 7: COST ESTIMATE...........................................................................................13 Task7.1— Preliminary Cost Estimate..............................................................................................13 PREPARATION REQUIREMENTS....................................................................................................13 Washington State Department of Transportation Publications.................................................13 U.S. Department of Transportation Publications.........................................................................14 Washington State Department of Ecology Publications.............................................................14 OtherPublications..............................................................................................................................14 Computer Hardware and Software..................................................................................................14 City of Pasco BergerABAM, A15.0064.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A Page iii ABBREVIATIONS The following abbreviations are referred to throughout this scope of work. AASHTO American Associate of State Highway and Transportation Officials BFCOG Benton -Franklin Council of Governments CAD Computer Aided Design DOE Washington State Department of Ecology EC Executive Committee FHWA Federal Highway Administration GIS Geographic Information System IJR Intersection Justification Report I-182 Interstate 182 LAG Local Agency Guidelines PIP Public Interaction Plan PS&E Plans, Specifications, and Estimates QA/QC Quality Assurance/Quality Control ROW Right -of -Way SOW Scope of Work TAC Technical Advisory Committee USDOT U.S. Department of Transportation WSDOT Washington State Department of Transportation City of Pasco BergerABAM, A15.0064.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A Page iv EXHIBIT A-1 SCOPE OF SERVICES FEASIBILITY TRAFFIC STUDY FOR INTRODUCTION The City of Pasco (CITY) has experienced recession -defying growth over the past five years. This growth has resulted in high levels of congestion throughout the city and particularly in corridors that provide access to regional facilities. Current planning efforts estimate additional population growth between 50 and 75 percent over the next 20 years. Existing population levels, as well as expected growth, are driving the need to identify the best way to redistribute regional traffic within the CITY's transportation network. The Feasibility Traffic Study for Interchanges (PROJECT) is the first phase of a multi -phased project to identify, recommend, approve, and design a solution to the traffic congestion thought-out the CITY. Under this scope of work (SOW), the CONSULTANT shall study the feasibility of redistributing traffic to meet current and future traffic demands and identify transportation improvement projects to reduce congestion. Based on the results of the Feasibility Traffic Study, future phases of the project could include completion of an Interchange Justification Report (IJR), environmental documentation, and PS&E document. The CITY may elect to do any or all of the additional work noted under a separate scopes of work. PHYSICAL PROJECT LIMITS The immediate PROJECT area is approximately located along I-182 from the Columbia River east to SR 395 and bounded by Court Street on the south and Powerline Road on the north. The roads, intersections, and interchange improvements, if implemented, would reduce congestion at the I-182/Road 68 interchange and improve regional traffic mobility in the Pasco area. The PROJECT limits for the traffic analysis and modeling will include: Freeway • I-182 from Columbia River to SR 395 Roadways • On Court Street- From Road 68 to Road 20 • On Road 20 - from Court Street to Powerline Road • On Powerline Road - from Road 20 to Road 68 • On Road 68 - from Powerline Road to Court Street Intersections • In addition to the freeway segments listed above, and the interchanges within the limits of those segments, the project limits will include up to 20 intersections. Any new intersections created by the proposed access point revision will be included in the 20 intersection total. City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A-1 Page 1 Alternative intersection configurations, geometries, and traffic control strategies do not constitute additional intersections. SCOPE OF SERVICES This SOW details work elements needed to support the CITY in the selection of a preferred configuration. The SOW shall consist of the following major work elements. • Work Element 1- Project Management • Work Element 2 - Background/Data Collection • Work Element 3 - Consensus Building • Work Element 4 - Alternatives Evaluation • Work Element 5 - Public Involvement • Work Element 6 - Estimates and Writing Grants GENERAL ASSUMPTION(S) • All communications with resource agencies and the CITY will be coordinated through CITY's public works director and/or his designee, unless otherwise authorized. In addition to PROJECT limits identified above, it is assumed that intersections analyzed will be generally bounded by Powerline Road to the north, Road 20 to the east, Court Street to the south, and Road 100 to the west. • Work detailed in this SOW shall be completed in accordance with the schedule below and per the project schedule developed under Task 1.6. Phase 1- Feasibility Traffic Study for Interchanges CONSULTANT Notice to Proceed August 2014 Feasibility Study February 2015 • This SOW assumes that the CONSULTANT shall perform all design tasks necessary to complete the traffic feasibility study. • The CONSULTANT shall operate similar to and shall fully support the CITY's Public Works Department. When alternatives are being considered or decisions are being made, the CITY, along with WSDOT and/or FHWA, will make final decisions. • For any field investigations, acquiring the permission of private landowners whose property would be visited will be the responsibility of the CITY. Permission must be obtained prior to fieldwork on privately owned land. Right -of -entry permits may take up to 60 days to acquire. • The CONSULTANT shall use the following computer software in the performance of the engineering and design work for this contract. All files shall be provided in an IBM- compatible format. - Engineering software: InRoads (version 08.08.00.46, or latest) City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for interchanges December 2014 Pasco, Washington Exhibit A-1 Page 2 - CAD software: Bentley MicroStation (version 8.05.02.70, or latest) and AutoCAD (version currently used by CITY) - Scheduling software: Microsoft Project or Primavera P6 - Microsoft Office, Word, Excel (latest version) - English units for plans, engineering, and documents • When used, the term "minor revisions," denotes revisions that address typographical, and/or grammar edits, and or specific comments from a reviewer that do not require additional analysis and that will not expand the scope of work and/or prior work findings. Work Performed by the CITY Throughout the duration of the project, the CITY will perform services, furnish information, and answer questions on CITY standard procedures for plan preparation. The following services will be performed by the CITY. • The CITY will acquire any rights -of -entry required to perform this task work. • The CITY will assist the CONSULTANT, if required, in obtaining information from and/or coordination with other agencies. WORK ELEMENT 1: PROJECT MANAGEMENT The CONSULTANT shall conduct general Project Management and Project Administration activities throughout the life of the PROJECT. Management and Administration activities will include Quality Control, Monthly Progress Reporting and Billing, and Progress Meeting(s) as described in Subtasks 1.1 to 1.5 below. Task L1- Implement Quality Control Program The CONSULTANT shall conduct quality control on all PROJECT deliverables as outlined in BergerABAM's internal Quality Assurance/Quality Control (QA/QC) Plan. The CONSULTANT shall develop a memorandum that outlines how the QA/QC plan will be applied to the project and will identify the CONSULTANT's and CITY's responsibility throughout the life of the project. Deliverable(s) • QA/QC memorandum (electronic copy) Task L2 - Monthly Progress Reports and Billings The CONSULTANT shall prepare monthly progress reports, in a form approved by the CITY, that outlines in written and graphical forms the various phases of the work, and the order of performance, in sufficient detail so that the progress of the work can be easily evaluated. These reports shall • Highlight project milestones City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A-1 Page 3 • Target potential problem areas needing special attention or coordination prior to delays occurring and provide a proposal for addressing problem areas • Outline activities planned for the next period • Compare actual work progress with contractual obligations • Show work complete (%) versus budget expended (%) for major tasks Progress reports shall include current scheduling reports, indicating all progress to date and resources expended. Progress shall be monitored and reported in diagram and quantitative forms to present a clear, concise, and understandable picture of the project status. This update shall also include any changes in schedule, sequence, or resource loading. If any schedule delays have occurred, a plan for bringing the work back on schedule, and back on budget, shall be included. Invoices shall be prepared by the CONSULTANT in a form and detail as approved by the CITY, and submitted on a monthly basis. These shall be supported by detailed record keeping closely tracking the project budget and expenditures. Deliverable(s) • Monthly progress reports, incorporating project schedule revisions as appropriate (electronic copy) • Monthly invoices Task 1.3 -Progress Meeting(s) The CONSULTANT and a representative from the CITY's Public Works Department shall meet on a regular basis to review the progress of the project. Meeting(s) shall be conducted on an informal basis and held at a location chosen by the CITY, or at the CONSULTANT's Vancouver office. Progress meetings shall include in attendance two staff (on average) from the CONSULTANT at each meeting, in addition to representatives from subconsultant team members when appropriate. Assumption(s) • For budgeting purposes it was assumed that progress meetings would be held every month with an option of two additional progress meetings, for a maximum of eight progress meetings. • Five progress meetings will be held in Pasco at a location chosen by the CITY. • Three progress meetings will be held in the CONSULTANT's Vancouver office. Deliverable(s) • Eight meeting agendas • Eight meeting notes City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A-1 Page 4 Task 14 - Project Administration The CONSULTANT shall coordinate with subconsultants regarding contracting procedures, shall prepare and execute contracts with individual subconsultants, and shall address contract - related issues with the subconsultants as they arise during the project. As part of this task, the CONSULTANT shall also provide as -needed support to the CITY in the internal administration functions of the PROJECT. This support may include participation at Council briefings. Assumption(s) • The CONSULTANT shall participate in a maximum of two Council briefings. Task 15 - Phase 2 Scoping The CONSULTANT shall prepare a detailed SOW document for work to be performed for Phase 2. In addition to describing the activity the SOW shall also describe the level of detail expected for each work element. The CONSULTANT shall prepare a draft scope for the CITY to review. Following the CITY's review, the CONSULTANT shall prepare a final scope that incorporates CITY comments. Deliverable(s) • Draft Phase 2 Scope • Final Phase 2 Scope Task 1.6 - Project Schedule The CONSULTANT shall prepare a project schedule that includes completion of all items identified in this SOW. The CONSULTANT shall prepare a draft project schedule for the CITY to review. Following the CITY's review, the CONSULTANT shall prepare a final project schedule that incorporates CITY comments. The CONSULTANT's project manager shall conduct the project tracking, document control, and coordination efforts necessary for project execution. These efforts shall include the continuous tracking of schedules, budgets, and products; coordination with subconsultants relating to work in progress; and coordination with WSDOT. Deliverable(s) • Draft project schedule • Final project schedule WORK ELEMENT 2: BACKGROUND/DATA COLLECTION Task 2.1- Base Map The CONSULTANT shall prepare a refined topographic base map of the project area described in the PROJECT limits section of this contract using GLS data, and existing base mapping information provided by the CITY. The CONSULTANT shall use this GLS base map in the development of the PROJECT feasibility study. Assumption(s) • The CITY will provide available base mapping information City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A-1 Page 5 • The CM will obtain base mapping information of I-182 and I-395 from WSDOT • ROW and property boundary information will be provided by the CM in electronic shapefile format • There is no specific deliverable anticipated for this task • The results of this task are needed to complete deliverables for Work Element 4 Task 2.2 - Previous Studies and Reports The CITY will provide useable transportation data and analysis files to the CONSULTANT for review. A maximum of four background studies coordination meeting between the CITY and CONSULTANT shall be conducted to evaluate previously developed information and alternatives to be evaluated as part of the feasibility study PROJECT. Assumption(s) A maximum of 10 studies or plans will be reviewed • Maximum of four background study coordination meetings, assumed to be held via conference call or video conference Deliverable(s) Background Studies Coordination Meeting minutes (4 max - one electronic copy per meeting) Task 2.3 - Traffic Counts The CITY will provide PM peak traffic volume data from prior studies to the CONSULTANT for review. The CITY will provide new weekday PM peak period (4pm to 6pm) intersection turning movement counts for study intersections where identified. Assumptlon(s) • The CITY will provide all traffic data required for the feasibility study • There is no specific deliverable anticipated for this task • The results of this task are needed to complete deliverables for Work Element 4 Task 2.4 - Collect AirSage O -D Data (Optional) Upon authorization from the CITY, the CONSULTANT shall review the Origin -Destination (O- D) information and estimation methodology from the regional travel demand model. If the project team determines that supplemental O -D data is required for analysis or calibration of travel forecasts, CONSULTANT shall obtain additional data, which could include B1ueTooth surveys or archived cell phone O -D information from AirSage. This data must identify weekday PM peak hour O -D data within Pasco (at a TAZ level resolution) and to/from surrounding areas. Deliverable(s) • O -D data and summary City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A-1 Page 6 WORK ELEMENT 3: CONSENSUS BUILDING Task 3.1- Technical Advisory Committee Support The CITY will identify, recruit, and/or appoint Technical Advisory Committee (TAC) members. The CONSULTANT shall serve the TAC in an advisory capacity and as a meeting facilitator and organizer, and shall not be included as a member of the team. The TAC's participation in the PROJECT will loosely follow some of the guidelines in Section 220.04 (3) of WSDOT's Design Manual. The CONSULTANT shall provide support to the CITY at a maximum of four TAC meetings. The CONSULTANT will, in collaboration with the CITY, prepare a draft and final TAC charter and operational protocols, meeting agenda, distribute meeting notices to the members of the TAC, facilitate TAC meetings, and prepare and distribute meeting summaries to TAC members. Assumption(s) • TAC meetings will be held in Olympia or Vancouver, Washington. • The CITY will prepare and process selection/appointment letters to the TAC members. Meeting(s) • Maximum of four 2 -hour meetings Deliverable(s) • Draft and final TAC charter and operational protocols • Meeting agendas, notification, facilitation, and summaries for six meetings (one electronic copy) Task 3.2 - Executive Committee Support The CITY will identify, recruit, and/or appoint potential Executive Committee (EC) members. The EC members shall consist of at least two CITY council members, two planning commission members, the port commissioner, Columbia Basin College board member, and the WSDOT regional administrator. The CONSULTANT shall serve the EC in an advisory capacity and as a meeting facilitator and organizer, and shall not be included as a member of the team. The CONSULTANT shall provide support to the CITY at a maximum of two EC meetings. The CONSULTANT will, in collaboration with the CITY, prepare a draft and final EC charter and operational protocols, meeting agenda, distribute meeting notices to the members of the EC, facilitate EC meetings, and prepare and distribute meeting summaries to EC members. Assumption(s) • EC meetings will be held at the CITY'S Public Works office • The CITY will determine the makeup and number of individuals on the PROJECT's EC. The CITY will prepare and process selection/appointment letters to the EC members Meeting(s) • Maximum of two (2) 2 -hour meetings City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A-1 Page 7 Deliverable(s) • Draft and final EC charter and operational protocols • Meeting agendas, notification, facilitation, and summaries for two meetings (one electronic copy) WORK ELEMENT 4: BASELINE ANALYSIS AND 2040 TRAVEL DEMAND MODELING Task 4.1- BFCOG and Partner Agency Coordination To meet the requirements for Interchange Justification Reports, a year 2040 forecast is needed. Based on the size of the study area and the range of network alternatives that will be explored, extrapolating post -processed 2030 volumes from the current (Benton -Franklin Council of Governments) BFCOG regional travel demand model is not the preferred approach. The CONSULTANT shall coordinate with BFCOG and CITY staff to determine a methodology for developing a 2040 land use forecast for Pasco, as well as an approach for scaling growth in surrounding areas and the external model gateways. The CONSULTANT shall then work with CITY staff to develop the City 2040 land use data and supply that to BFCOG in order for BFCOG to create a new travel demand model scenario. The CONSULTANT shall coordinate with the CITY and partner agencies to identify forecasting and analysis methods. CONSULTANT shall prepare an Analysis Methods and Assumptions document that describes proposed analysis and forecasting methods and tools, data requirements, study locations, time periods for analysis, design year, and key assumptions. The document will be utilized to guide all ongoing studies in the vicinity. Assumption(s) • A maximum of three coordination meetings with the CITY and/or BFCOG staff, two meetings assumed to be held via conference call and one meeting in Pasco. CITY staff will lead the development of the land use data for the year 2040 forecast, including identifying the allocation of future land use growth to TAZs within the CITY's urban growth area. The CONSULTANT shall provide input to the CITY to help determine the year 2040 growth increment and to determine the methodology for allocating the land use. The CONSULTANT shall review the land use allocations and support the CITY in providing the information in a format acceptable by BFCOG. • Study intersections for operations analysis are assumed to include interchange ramp terminals and up to 20 additional arterial/arterial or arterial/collector intersections. • The analysis time period is assumed to be the weekday PM peak hour. • Intersection operation metrics are assumed to include volume to capacity, delay, and level of service, which will be determined using Synchro. Deliverable(s) • Draft and final Analysis Methods and Assumptions document • Three meeting agendas City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A-1 Page 8 • Three meeting minutes Task 4.2 - Review and Assess Traffic Model The CONSULTANT shall review the travel model zone and network structure for the study area to determine necessary refinements for representing a collector -level network and the corresponding land use loading. The CONSULTANT shall create focused (i.e., a refined model scenario within the study area that maintain full regional model functionality) travel demand model networks (existing year and 2040 baseline scenarios) that will be used to reassign PM peak period trip tables from the BFCOG regional travel demand model for analysis. The CONSULTANT shall assess the study area roadway network for existing and future year 2040 baseline scenarios based on the performance measures created in Work Element 3. The network performance measures are assumed to be metrics that can be evaluated with the regional travel demand model network, possibly including: • Total System Congestion (hours of delay) • Average Trip Length for trips accessing I-182 • Vehicle Miles Travelled (VMT) in the study area • VMT by Trip Type (through, regional, local) by Functional Class (freeway, arterial, collector, local) • Travel Time and Travel Routes between Key Origins and Destinations The study intersection performance measures are assumed to be metrics that can be evaluated with travel demand model data and Highway Capacity Manual methodology operation analysis, possibly including: • PM peak hour volume -to -capacity ratio, level of service, and delay • PM peak hour merge, diverge, and weave capacity calculations on I-182 • Growth in traffic volume at study intersections, including the growth of movements accessing I-182 at interchange locations Dellverable(s) • Draft Future Year 2040 land use scenario data table • Final Future Year 2040 land use scenario data table Task 4.3 - Existing and Future Baseline Conditions Report The CONSULTANT shall prepare a Draft Existing and Future Baseline Conditions Report that describes the network traffic conditions and identifies opportunities and constraints for developing network improvement scenarios. The report will be presented to the TAC and EC to validate findings and to begin brainstorming network improvement scenarios. Comments City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for interchanges December 2014 Pasco, Washington Exhibit A-1 Page 9 from the TAC and EC will be incorporated into a Final Existing and Future Baseline Conditions Report. Deliverable(s) • Draft Existing and Future Baseline Conditions Report • Final Existing and Future Baseline Conditions Report WORK ELEMENT 5: ALTERNATIVES EVALUATION Task 5.1- Identify Network Scenario Alternatives Based on the Final Existing and Future Conditions Report, as well as input from TAC and EC Meetings, the project team shall conduct a work session with CITY staff (and relevant project partners) to develop a maximum of six initial network scenario alternatives, including options such as: • Enhance the City arterial/collector grid connectivity • Enhance the network with additional state highway crossings • Enhance the network with additional or improved state highway connections • Enhance the network City arterial/collector grid with a combination of added connections and corridor widening As part of the work session, the CONSULTANT shall conduct and document a qualitative feasibility screening of network improvements concepts based on factors such as construction feasibility, potential environmental impact, potential property impacts, and the ability to meet design standards. Assumptions) • One work session with CITY staff to develop and screen network scenarios • A maximum of six initial network scenario alternatives will be developed Deliverable(s) • Initial network scenario alternatives and screening results Task 5.2 - Evaluate Network Scenarios The CONSULTANT shall conduct an evaluation of the initial network scenarios compared to the network -based performance measures developed in Work Element 4 using the focused travel demand model. The results of the initial network scenario evaluation will be documented in a Draft Network Evaluation Report and will be presented to the TAC and EC to identify scenario refinements or hybrid scenarios, resulting in refined network alternatives (up to 3). The CONSULTANT shall conduct an evaluation of the refined network alternatives, including PM peak hour intersection operations, network performance measures, environmental and constructability screening, and preliminary cost estimates. The findings from this analysis will be documented in a Revised Draft Network Evaluation Report. The report will include a recommendations section that identifies a preferred improvement scenario, cost estimates, City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A-1 Page 10 potential phasing, and a clear identification of any interchange area improvements. The Revised Draft Network Evaluation Report will be presented to the TAC and EC to discuss final recommendations. Assumption(s) • A maximum of three (3) refined network alternatives will be studied further Deliverable(s) • Draft Network Evaluation Report • Revised Draft Network Evaluation Report • Final Network Evaluation Report WORK ELEMENT 6: PUBLIC INVOLVEMENT Task 6.1- Public Involvement Plan The CONSULTANT shall develop a public involvement plan (PIP) that includes the following elements. • Public involvement goals (i.e., education on the project and environmental process, effective stakeholder engagement), and public involvement schedule • Target audiences (Le., businesses, community groups, public agencies, Tribes, key stakeholders, public officials, and broader public interests) • Outline the focus and timing of the stakeholder, community, and public open house meetings • Identify communication tools (newsletters, posters, interactive web site, presentations, and media release content), including approaches to solicit input of those traditionally underserved by transportation (environmental justice and Title VI populations) • The procedures for acknowledging, considering, and responding to public comments • Gather demographic data from the 2010 Census to identify the general locations of minority and low-income populations within the study area. The 2010 Census data and local school districts data shall also be reviewed to determine if populations in the study area will require special accommodations in compliance with the Limited English Proficiency (LEP) Act to include citizens who may traditionally be left out of the public process. The CONSULTANT shall modify this public process as appropriate for the specific customers identified for these project improvements. Assumption(s) • CITY will respond to all media inquiries and serve as the public information officer for this PROJECT • CITY will provide input on targeted audiences City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A-1 Page 11 • The CITY will provide any additional information on hand regarding minority and low- income communities, and any known stakeholders from these communities that should be engaged in the design process Deliverables) • Minority and low-income population maps • Draft PIP (electronic copy) (one review) • Final PIP (electronic copy) (one review) Task 6.2 - Open House The CONSULTANT shall support the CITY in the planning, preparation, and facilitation of two public open houses. The focus of the open houses will be to inform local residents, area businesses, property owners, and the community at large of the project features and schedule, and gather input on the draft design alternatives. The CITY will identify and secure an appropriate venue (location) for the open houses. The CITY will develop a public meeting plan that identifies process, format, necessary displays, staffing for the meeting, advertising/public notice needs, and preparation schedule. The CITY will prepare all open house materials, such as a PowerPoint presentation, comment forms/questionnaires, sign -in sheets, staff name tags, and meeting signage. Limited copies of the most current project fact sheet will also be available explaining the project background, purpose and need of the project project area, project schedule, design alternatives, and project contact information. All printed materials will promote the available on-line open house option for people unable to attend the live event. The CONSULTANT shall prepare exhibit boards that identify the project area, proposed alternatives, areas of impact, alternative evaluation criteria, and the project schedules. The comment form shall solicit comments from the meeting attendees. The CITY will prepare a summary of the meeting including tabulation of the written comments received. Assumption(s) • The CITY will provide key staff to attend the open houses • The CITY will reserve a venue and pay any potential room rental fees • The CITY will set-up and facilitate the public open house meetings • The CITY will write, prepare, print, and mail fact sheets and newsletters • The CITY will write, prepare public meeting materials including sign -in sheets and comment forms • The CITY will develop, host, maintain, and update the project website • The CITY will provide meeting notes and summarize the written comments received from each open house City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A4 Page 12 • Open houses will be advertised through the mailed fact sheet update described in Task 6.2, and through display advertising in the local newspaper • All printed and/or e-mailed information will include link URL to the project website, which will be identified as the project information hub Meeting(s) • Two open house planning meetings with CITY staff • Two public open house meetings Deliverable(s) • Maximum of six 2- by 3 -foot exhibits/boards for each open house (one draft and final) WORK ELEMENT 7: COST ESTIMATE Task 7.1- Preliminary Cost Estimate The CONSULTANT shall prepare preliminary cost estimates for the PROJECT. The cost estimate for the alternatives screening process will consist of estimates developed for a maximum of six alternatives using square footage costs for major items such as structures, new roads/alignments, walls, and additional ROW. Assumption(s) • The CITY will provide approximate square footage costs for additional ROW Deliverable(s) • Cost estimates for six alternatives analysis (electronic and five hard copies) PREPARATION REQUIREMENTS It is anticipated that all design and engineering for facilities located within WSDOT ROW will be developed using English units in accordance with the latest edition, amendments, and revisions of the publications listed below. Design and engineering of facilities located within the CITY will comply with CITY standards and design policies or in accordance with the following publications as directed by CITY staff. Washington State Department of Transportation Publications • Design Manual (M 22-01) • Highway Runoff Manual (M31-016.1) in conjunction with Hydraulics Manual (M 23-03) • Plans Preparation Manual (M 22-31) • Amendments and Genera) Special Provisions • Standard Item Table • ROW Manual • Environmental Procedures Manual (M31-1) • American Association of State Highway and Transportation Officials Publications (Latest Versions) • A Policy on Geometric Design of Highways and Streets • Standard Specifications for Highway Bridges, Sixteenth Edition City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A-1 Page 13 • A Guide for Highway Landscape and Environmental Design • Highway Design and Operational Practices Related to Highway Safety (Yellow book) • Roadside Design Guide • Any American Association of State Highway Officials policy applicable where said policy is not in conflict with the standards of State U.S. Department of Transportation Publications Manual on Uniform Traffic Control Devices for Streets and Highways Highway Capacity Manual Washington State Department of Ecology Publications • 2004 DOE Stormwater Management Manual for Eastern Washington Other Publications • National Electrical Code • Applicable County and CITY Publications Computer Hardware and Software The CONSULTANT shall provide the PS&E package in the IBM-compatible format of • Microsoft Office - Windows NT Version 4.0 or latest • Microsoft Project - Version 4.1a or latest • Internet Access with Transport Control Protocol/File Transfer Protocol (TCP/FTP) capabilities and the CONSULTANT shall have an e-mail address • CAD - MicroStation, Bentley Systems, Inc. - MicroStation J or latest version, including continuous updates and AutoCAD 2013 • Design Software - Inroads latest version, including continuous updates The CONSULTANT shall obtain the latest versions of CITY'S manuals. Obtaining AASHTO, USDOT, and other non-WSDOT or CITY publications shall be the CONSULTANT's responsibility. City of Pasco BergerABAM, P14.0125.00 Feasibility Traffic Study for Interchanges December 2014 Pasco, Washington Exhibit A-1 Page 14 N/A Exhibit B DBE Participation Agreement Number: WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 10/3012014 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 N/A B. Roadway Design Files Inroads version 08.08.00.45 or latest Conversion to AutoCAD 2015 C. Computer Aided Drafting Files Microstation version 08.05.02.70 or latest Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 1013012014 D. Specify the Agency's Right to Review Product with the Consultant See Section XX - Records Maintenance of LAG Agreement. E. Specify the Electronic Deliverables to Be Provided to the Agency See Items B and C above. F. Specify What Agency Furnished Services and Information Is to Be Provided Rights -of -entry, GIS data (shape files - ROW, property lines, edges of pavement), previous traffic studies Any previous prepared or available base map files, including obtaining I-182 and SR 395 electronic base maps from WSDOT Traffic counts Agreement Number: WSDOT Form 140.089 EF Exhibit C Page 2 of 4 Revised 1013012014 II. Any Other Electronic Files to Be Provided N/A III. Methods to Electronically Exchange Data Newforma file transfer WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 1013012014 A. Agency Software Suite N/A B. Electronic Messaging System Microsoft Outlook, Lync C. File Transfers Format Newforma file transfer WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 Exhibit D Prime Consultant Cost Computations See attached Exhibit D-1 - Consultant Fee Determination See attached Exhibit D-2 - Consultant Max Rate Table See attached Exhibit D-3 - Consultant ICR Agreement Number WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 10/30/2014 EXHIBIT D-1: Consultant Fee Determination Analysis of Costs - BergerABAM Inc. Direct Salary Cost (DSC) PERSONNEL Hours Pay Rate Cost Principal 19 $87.74 $ 1,667 Project Manager 481 $71.64 34,459 Project Engineer 212 $47.08 9,981 Engineer/ Designer 180 $34.94 6,289 Planner/ Scientist 0 $44.23 - Planner/PI 134 $35.67 4,780 Graphics/CADD 54 $36.01 1,945 Dept. Coord./Admin 66 $35.20 2,323 Direct Salary Cost Total 1146 $ 61,444 Salary Escalation (see escalation tab) $ - Overhead Cost 168.21% of DSC $ 103,354 Net Fee 30.00% of DSC $ 18,433 SUBTOTAL $ 183,231 Reimbursables Travel/Parking $ 6,872 Reproduction/Postage 1,750 Computer/Special Equipment - Miscellaneous 1,750 BergerABAM SUBTOTAL Subconsultants: (See Exhibit G) DKS Associates Management Reserve Fund SUBTOTAL 10,372 51.0% $ 193,602 47.2% Participation $ 179,368 SUBCONSULTANTS SUBTOTAL $ 179,368 $ 6,832 GRANDTOTAL $ 379,803 Alma Jimenez 29 -Dec -14 Prepared By Date Exhibit D-1 - Consultant Fee Determination City of Pasco - Feasibilityfor Interchanges ABAM DKS Associates TOTAL DESCRIPTION 1.0 PROJECT MANAGEMENT 1.1 Implement QC Program 90 0 90 1.2 Monthly Progress Reports and Billing Monthly Progress Reports (6 max) 6 12 18 Monthly Invoicing (6 max) 18 12 30 SubTotal 24 24 48 1.3 Progress Meetings Meeting Agendas (8 max) 6 12 18 Meeting Attendance (8 max - 5 Pas/2 Van) 46 68 114 Meeting Notes (8 max) 12 0 12 SubTotal 64 80 144 1.4 Project Administration Project Administration 104 0 104 Council Briefings (2 Max -2 Pas) 18 21 39 SubTotal 122 21 143 1.5 Phase 2 Scoping Draft Phase 2 Scope 50 20 70 Final Phase 2 Scope 8 0 8 SubTotal 58 20 78 1.6 Project Schedule Prepare Project Schedule 28 0 28 Ongoing Schedule Tracking and Maintenance 36 0 36 SubTotal 64 0 64 TASK HOURS 422 145 567 Cost Subtotals= $ 77,600 $ 24,000 $ 101,600 2.0 BACKGROUND/DATA COLLECTION 2.1 Base Map Prepare topographic base map from existing GIS data 14 11 25 Map of existing utilities via GIS and field observations 0 0 0 SubTotal 14 11 25 2.2 Previous Studies and Reports Review Background Studies (10 max) 12 23 35 Background Study Coordination Meeting (4 max -4 Remote) 8 17 Coordination Meeting Minutes (4 max) 8 0 8 SubTotal 28 40 68 2.3 Traffic Counts Review Traffic Data 2 1517 SubTotal 2 15 17 Page 2 of 17 Exhibit D-1 - Consultant Fee Determination City of Pasco - Feasibilityfor Interchanges ARAM DKS Associates TOTAL DESCRIPTION 2.4 Collect AirSage O -D Data (Optional) Review Travel Madel OD Data 0 29 29 Review New OD Data and Summarize for Travel Model 2 68 70 SubTotol 2 97 99 TASK HOURS 46 163 209 Cost Subtotals= $ 8,800 $ 18,600 $ 27,400 3.0 CONSENSUS BUILDING 3.1 Technical Advisory Committee Support Meeting Agenda and Preparation (4 max) 24 38 62 Meeting Attendance (4 max - 2 Oly/2 Van) 44 38 82 Meeting Notes (4 max) 12 0 12 Team Chartering Tech Memorandum 28 0 28 SubTotal 108 76 184 3.2 Executive Committee Support Meeting Agendas and Presentations (2 max) 4 21 25 Meeting Attendance (2 max- 2 Pas) 14 21 35 Meeting Notes (2 max) 6 0 6 SubTotal 24 42 66 TASK HOURS 132 118 250 Cost Subtotals= $ 22,600 $ 16,800 $ 39,400 4.0 2040 TRAVEL DEMAND MODELING 4.1 BFCOG Coordination Methods and Assumptions Memorandum 4 47 _ 51 Develop 2040 Land Use Scenarios 2 40 42 Meeting Agenda and Preparation (3 max) 2 0 2 Meeting Attendance (3 max -1 Pas/2 Remote) 18 40 58 Meeting Notes (3 max) 11 0 11 SubTotal 37 127 164 4.2 Review and Assess Traffic Modeling Travel Demand Model Focus Area Refinements 01 92 92 Travel Demand Model System Performance Measures 0 54 54 Study Intersection and Segment Performance Measures 2 61 63 SubTotol 2 207 209 4.3 Existing and Future Baseline Conditions Report Draft Existing and Future Baseline Conditions Report 2 55 57 Final Existing and Future Baseline Conditions Report 2 24 26 SubTotol 4 79 83 TASK HOURS 431 13 456 Cost Subtotals= $ 8,3001 $ 43,500 $ 51,800 Page 3 of 17 Exhibit D-1 - Consultant Fee Determination City of Pasco - Feasibility for Interchanges ABAM DKS Associates TOTAL DESCRIPTION 5.0 ALTERNATIVES EVALUATION 5.1 Identify Network Scenario Alternatives Prepare Build Alternatives Development Session Materials 128 0 128 Identification of Alternatives and Brainstorming Session 401 46 86 SubTotal 168 46 214 5.2 Evaluate Network Scenarios Refine Network Alternatives (6 max) 92 142 234 Draft Network Evaluation Report 4 57 61 Revised Draft Network Evaluation Report 2 143 145 Final Draft Network Evaluation Report 2 56 58 SubTotal 100 398 498 TASK HOURS 268 444 712 Cost Subtotals= $ 34,200 $ 47,500 $ 81,700 6.0 PUBLIC INVOLVEMENT 6.1 Public Involvement Plan Draft PIP 28 0 28 Final PIP 11 0 11 SubTotal 39 0 39 6.2 Open House Open House Planning Meetings (2 max - 2 Pas) 56 0 56 Graphics and Boards (6 max per meeting) 48 0 48 Open House Attendance (2 max) 30 201 50 Review Open House Meeting Notes (2 max) 6 0 6 SubTotal 140 20 160 TASK HOURS 179 20 199 Cost Subtotals= $ 24,000 $ 3,600 $ 27,600 7.0 COST ESTIMATE 7.1 Preliminary Cost Estimate for Alternatives Preliminary Cost Estimate for Alternatives (6 max) 56 0 56 SubTotal 56 0 56 TASK HOURS 56 0 56 Cost Subtotals= $ 7,700 $ - $ 7,700 12 TOTAL PROJECT HOURSI 1,146 1,303 2,449 Page 4 of 17 TI 1V 2° a Y C � V C y T O L a � X A �-E AY m v�`i vii m c = z o _2 s a e X W U LL Q A N � i A 6 W Or C ` L C U O m 2° a Y EXHIBIT D-1 BergerABAM Inc. Blended Rates Page 6 Blended Base Classification Name Base Wage Rate % Participation Wage Rate Principal Bob F $84.13 50% John W $91.35 50% $87.74 Project Manager Jilma 1 $72.12 80% Sam A $69.71 20% 100% $71.64 Project Engineer Shawna L $46.88 10% Jessica A $46.47 40% Rob S $47.60 50% 100% $47.08 Engineer/ Designer Jose S $35.34 45% Jake L $36.06 45% Veronica V $28.13 10% 100% $34.94 Planner/ Scientist Read $52.88 40% Victoria E $40.87 30% Dustin D $36.06 30% 100% $44.23 Planner/PI Nelson H $38.46 60% Traci C $31.49 40% 100% $35.67 Graphics/ CARD Jef B $50.24 20% Kim C $34.62 20% Mark E $31.73 60% 100% $36.01 Dept. Coord./Admin Kelly R $32.21 40% Madeleine D $47.00 25% Diana G $28.85 20% Nora B $31.97 15% 100% $35.20 Page 6 BereerABAM Inc REIMBURSABLES Travel/Parking Airline Travel Per Diem Lodging Miles Parking EXHIBIT D-1 BergerABAM Inc. Reimbursable Estimate Travel Subtotal Reproduction/Postage 2 X 3 Boards Facts Sheet Printing (1200) Facts Sheet Postage and Mailing Courier Reproduction Subtotal Computer/Special Equipment Computer Time Computer Subtotal Miscellaneous Document Translation Other Miscellaneous Expenses Miscellaneous Subtotal Units at 6 $ 1200 $ 1000 $ 4 $ Cost 300.00 $ 52.00 $ 250.00 $ 0.565 $ 3.00 $ 50.00 $ 0.50 $ 0.75 $ 25.00 $ 1 $ 1,500.00 $ 1 $ 250.00 $ 4,500.00 780.00 500.00 1,073.50 18.00 6,871.50 300.00 600.00 750.00 100.00 $1,750.00 1,500.00 250.00 $1,750.00 Total 1 $10,371.50 Page 7 m ,� ry a .. � o .••� � � 1n N M S v m p ...-� e a �^ O N r n N N O l0 l0 l0 1p O O Op V N O OJ 01 O N 9 � C O om s o ^o 1RD R V l7 N N O i0 w O O O tp pp O m cc � R p N N T O O O O O O V V y N N m !Me}} O p O o 0 o roNm mn oom r OV u 09 p~ 6 W N N 0p t0 N 00 lD O t0 N O N N O V V O N N 1D �y N N m N b d MI R d N N cD O O d' V N N O Q m O C �y d N N O O O O O KN m o a a = a N F m V v H c c c R N u O Z d m E ^ m O a C % x E E N m DO E W N �- o f m C m 3 u O a p E d W O y V 0 O N d 75 Q C 4L Q d d 00 '0 C C N H C C 00 NN W W 00 y C N _ O 2 E m m O N d 1 N Z O y Q VI C m a a G T t t C C C L-' 'tJ d N C m WW d O C O O m N W W N O O N m C N d C Y d �• Z 6 O O O o- V t 0 it O 6 Q d d_ N Li W p .ti .i .+ .•f ti ti p N O N N N M W W N N O N N 1p p p V V N O� CO V V t0 V N M O a W W N N r N N Q r VY N N N E N O O O O, 00 a0 N N N N •O A O o E 0 N O1 O O O Y � M m V � `m c c � O 6 � N N 0 0 o a n o 0 0 c_ d W C N N N d Q O C V N W 6 C ~ w N VF N Q, N W M W N N N N Q 0p N V V 00 Q V C N O pj m M N W C H n O N � m a N N N b 6 C ry d d r r O O 0 V 0 V x m a E 'm � r m c m mc c x.� m ac O m o'° a d p d cm E Q H N c m `o N N - o m c W m m E r 01 m w av > 6 D m O m E a g X 6 x m o L O a 9 u m o 0 m Z c E v wm � E m` O G Q G u m IO O w « m m.... Y N VI Y O Q 0 C C C �E C C LL m 7 y y W o y y d o a m« r o m« 'o�rz �aaeomZeoz u mmm Qm y to 3 a 3 3 Z m c c c u c c c `o u° w w w E w w w d o c> Y>> '> uWi c d BI Z s m u m z o z s G w H x iia m r u Vr w uN M v m N W lV N N p M M G M a N N w. m O O N N N N O M n O mom O N N Op w w O N 0 N N N N •�^ mao 0 o mOa o 0 O � d • q � n G C V C M N N N N a ti m V ti O O O O p p O M � C C � N a � N N y y at O O O O 00 N Q p dp N C p ti N O d W C N N M O O O O O O O O Q W Cd p o'mn P Q H b pp O 0 � P H C � N � o. N N N N O O O O p p O O •� � b N It, N N aM1 O O C� o O CN s s vJi H N m cin H N a H v d ap, V � vai u O E N L L'C 0 E E x a E R c o o ° in m J -° O °` w C E Eo. E E 41 N E V° w E `° R c° 0 0_ c n c w E r o s Z E o 0 y a o m c -6 w u m `N o y E m p y a _ O C °" C W W m m Z a > G> J w o H E m L O w T v> c v p> m 0- o W m a V a LL C C o W Q o J a m o m y0,. ° ¢ E E w S c w 3� m Z N 9 a 9 n m m m c C 0 E c .k f a m u Z Z w O 9 m a y V O O E< Y f0 __ O W W a Z - H l7 > w w w d 00 Z O O 0 c c c w m p N M Vim- 6] C w a 9 w D V v1 W q t0 N b N O N rl M 1l1 a M a 1� a N N n n N f •E � 0 0 0 p o� y q 9 9 UJ •a 'd6 9 o v ^ > > ,E O M vat t � O m C C � N A 6 h N N y 4f O O O N N N O p C e0 O ei 'm d M da d b N C � C O H N N a W N iA pN m •O ti n N ry n` n m b C S ry 6 N H N o 0 o a a N N V ~ ~ O O O V X V C m 6 m m £ d C d d m 2 i E c a : x M _ ` W V d ad+ m a 2 m a a d E W d G G 3 y W V d C LL y w v y F Q U O O> >'o d m a g m Q N a s o 0 0 m R a =,Ya 2 x 2 f xo CaCw WcE o. F E S w �• Z j j C 'u a 0 t9 O x O w a L V O 6 a O U a U N y W O� b O r O v EXHIBIT D-2 CONSULTANT FEE DETERMINATIION - SUMMARY SHEET FEE SCHEDULE Consultant: BergerABAM Inc. Max Direct Overhead Max Rate Per Position Classification Salary Rate @168.21% Profit @30% Hour Engineer IX - Officer $ 110.00 $ 197.26 $ 33.00 $ 230.26 Engineer VIINIII - Project Manager $ 76.00 $ 136.29 $ 22.80 $ 159.09 Engineer VNI - Project Engineer $ 60.00 $ 107.60 $ 18.00 $ 125.60 Engineer IV - Senior Engineer $ 37.00 $ 66.35 $ 11.10 $ 77.45 Engineer 1/II/III $ 33.00 $ 59.18 $ 9.90 $ 69.08 Planners $ 57.00 $ 102.22 $ 17.10 $ 119.32 Scientists/Environmental/Landscape Architect $ 67.00 $ 120.15 $ 20.10 $ 140.25 Public Involvement $ 50.00 $ 89.67 $ 15.00 $ 104.67 Applications Programmer II $ 51.00 $ 91.46 $ 15.30 $ 106.76 CAD Operator IVNNI $ 41.00 $ 73.53 $ 12.30 $ 85.83 CAD Operator II/III $ 32.00 $ 57.39 $ 9.60 $ 66.99 Construction Specialistlinspector $ 57.00 $ 102.22 $ 17.10 $ 119.32 Surveyors $ 49.00 $ 87.87 $ 14.70 $ 102.57 Designer I/II/III/IV $ 39.00 $ 69.94 $ 11.70 $ 81.64 Coordinators/Graphics/Administration $ 40.00 $ 71.73 $ 12.00 $ 83.73 EXHIBIT D-3 .n. Washington State 7% Department of Transportation Lynn Peterson Secretary of Transportation November 24, 2014 BergerABAM 33301 Ninth Avenue Sout, Suite 300 Federal Way, WA 98003-2600 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 366705.7000 TTY: 1-806833-63x8 www.wsdotwa.gov Subject: Acceptance FYE 2014 ICR — Audit Office Review Dear Ms. Megan Isaacks: Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2014 Indirect Cost Rate (ICR). This ICR shall be good until 180 days following your FYE 2015 closing date. This rate will be applicable for WSDOT and Local Agency contracts only. Costs billed to agreements will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement. 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 call me at (360) 705-7106 or via email consultantrates@wsdot.wa.W . Regards; ERIK K. JONSON Manager, Consultant Services Office EKJ:kal Acceptance Audit Office Review iAdowWashington State Departmentt of Transportation Memorandum November 24, 2014 TO: Erik Janson, WSDOT Contracts Administrator FROM: Martha Roach, Agreement Compliance Audit Manage SUBJECT: BergerABAM, Inc. Indirect Cost Rate for fiscal year end May 31, 2014 We accept the audit work performed by T. Wayne Owens & Associates related to the BergerABAM Indirect Cost Rate for the above referenced fiscal year. T. Wayne Owens & Associates audited the BergerABAM indirect costs for compliance with Federal Acquisition Regulations (FAR), Subpart 31. Our office did not review their audit work. Based on our acceptance of the CPA's audit, we are issuing this memo establishing the BergerABAM Indirect Cost Rate for fiscal year ending May 31, 2014 at 168 .2 1 % of direct labor (rate includes 0.30% Facilities Capital Cost of Money). Costs billed to agreements will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the Indirect Cost Rate. If you have any questions, feel free to call me at (360) 705-7006 or via email at roachma ruwsdouva.eov. cc: Steve McKerney File DOT F.I. 700 -CCB EF Rovi,,d 5f-9 Certification of Final Indirect Costs Firm Name: eergerasAm Inc Indirect Cost Rate Proposal: 167M Date of Proposal Preparation (mmldd/yyyy): 11121=14 Fiscal Period Covered (mmlddlyyyy to mm/dd/yyyy): 05r31rz014 1, the undersigned, certify that 1 have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief. 1.) All costs included in this proposal to establish final indirect cost rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48, Code of Federal Regulations (CFR), part 31. 2.) This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR 31. All known material transactions or events that have occurred affecting the firm's ownership, organization and indirect cost rates have been disclosed. Name of Certifying Official' (Pont): M. Lee Marsh Title: President/CEO Date of Certification (mmlddlyyyy): 11/21/2014 'The "Certifying Official" must be an individual executive or financial officer of the firm at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to represent the financial information utilized to establish the indirect cost rate for use under Agency contracts. Ref. FHWA Directive 4470.1A available on line at: http:llvptiw.fhw2.doLaovllegsregs/directives/orders]44701a him O/H Certification; Nov 2010 Exhibit E Sub -consultant Cost Computations There isn't any 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. See Exhibit E-1 - Subconsulant Fee Determination See Exhibit E-2 - Subconsultant Max Rate Table See Exhibit E-3 - Subconsultant ICR Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 1013012014 EXHIBIT E-1: Subcontract Work/Fee Determination Subconsultant Analysis of Costs - DKS Associates Direct Salary Cost (DSC) PERSONNEL Hours Pay Rate Cost Traffic Engr Task Leader 286 $57.70 $ 16,502 Senior Transp Engineer 102 $50.49 5,150 Transp Engineer 302 $34.62 10,455 VISSIM Modeling Specialist 4 $40.39 162 Transp Engr Assistant 496 $27.41 13,595 Support/Graphics 56 $28.85 1,616 Admin 57 $26.45 1,508 0 Direct Salary Cost Total 1303 $ 48,988 Salary Escalation (see escalation tab) $ 565.81 Overhead Cost 177.10% of DSC $ 87,759 Net fee 30.00% of DSC 14,866 SUBTOTAL $ 152,178 Reimbursables Travel/Parking $ 7,190 Reproduction/Postage - Computer/Special Equipment - Miscellaneous 20,000 SUBTOTAL $ 27,190 TOTAL $ 179,368 EXHIBIT E-1 DKS Associates Reimbursable Estimate DKS Associates Reimbursables Travel/Parking Airline Travel Hotel Per Diem Miles Zipcar Travel Subtotal Reproduction/Postage Repruduction Reproduction Subtotal Computer/Special Equipment Miscellaneous Traffic C -D Data Computer Subtotal Miscellaneous Subtotal Units at Cost 15 $ 300.00 $ 4,500.00 15 $ 90.00 $ 1,350.00 15 $ 52.00 $ 780.00 $ 0.565 $ 8 $ 70.00 $ 560.00 $ 7,190.00 $ 1.00 $ S - $0.00 1 $ 20,000.00 $ 20,000.00 5 - 5 - $20,000.00 Page 13 N m E w a J Mu 0 Q Y W a W N N O "Woo O e e O O O 0 m '1 rl N ei 1p [O N N N N C � N O O � O O N � N N N V d 9 C 0 h� ti 9 a N N O O O O O O O O 6 6 O O O O O m m N N C y W N �D r d N N � C N i 0 0 o v c a m o 0 O q N N 9 ti O H O �O �O O d' •l O ep N N d' d' m C C � N ` m H F C W N N OI O O O N N N n ey ti N V' �O V H O N N M N F N V} N N b m N M O O O m o0 �O O Q m N M H N ti N n N N H O C 9 '1 ei Y 10 N i6 0 O 0 ti H N N •O H N O �n Y E n fuYi O G � 401 � O a � � x � � a c a v N N N o m C d 00 N w q E E v '^ c E v `w m E W Z N z° o ID w Y w c c o m r A x E x O i 0 a y z E 0 M= s a Q t= c V. m c mV q �+ O O ~ 6 J v L J 9 41 m a y N C N G O 0 �' yj lL Q 41 09 •p N yyJj n c c c 4 n ti 3 o c « i r t r .� a aoc m 'w- o oZ o m w w v w o m e a� i o�� o` o�g� 'onu o toil Q D 'uo �o_� dzmV 6 G' V N M V N ei N W p ei rl .-i e1 p N lV O N N d NN mmn mo00 coaoo�u .+..oN ro �0000n J "q N 40 ti 1� W ti N ti f eNi pl N N N N N LF m O e'1 '1 M N N N y' N ti N l0 Ql N N M d � Q N N N O � 6 6 N N M? 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N O N� l0 0p O V Cp N O N C N t0 �D O N d N v MW Q 12- 12 0 h h N y H h N N h d f N V Q � V V i ` a X O E c t N E c N .-. -raaCo d SB O oa V, o N m d c d E N N d `p m N Z m o N O L O J d i 6 0 N d z N N E w t' N d d vi d ry w o c v E a2 E o y E O m E cO « Y W« am m d z VE cm Ed Fd Ed 2O .O ac Vd E c 0 m m Q cE-,O O N d dN m O a O C C W q C N> N m> w r O E m Y+ O �. 9 C Od0 ate+ O O V f F Z 0 a Q Q Z L V Q Q Z W G' N Q Q Z J O a 6 m m CO N~• Q O> u'>> N C W W W N J W N N W> W W N Y « O s s C �� x f a s O iJ 1~ o V V H W N m C V m V er ry ti WN N O M M all p V O niI I I Iv d E W a J N N O Q Y W a W Ol Yl tp N M N N C R O � Y1 ti tl1 M Q V N N N � N N O e a a a f M1M1 N N N W 9 C J 0 N N � m C N M 01 N ti M Y1 n N N b M N N� O m O � N N 9 Q N N N pp O �D V O O a O N N Q O 1p O b rl N N �y ei e -I N N n a O V N M O V� N V N N ri ip M N N O OJ N W N Q N pqj O W C b n n C h � Q C 1�I1 'p H i O N N N d � F C W N N N Qt N V tp V N l0 N V V l0 V tp V O N O N t N N N W N N� N N N O �� W N 0p N O O C 9 m m N IWMI N '1 N �F Y 10 N x N a a x a YM v N Y r N N w a 0 s V u N v v W v c c c m c a E�m v c Y a c v E LL z m E v go v�`o d o¢ v E u m m D a m m x E c y W LL u O y>j x o o m o N W Y a O Y `00 y Z 3 W m m Y 500m �n a c ,Y v a r O Q E E LL« y W 3 '5 O 3 3 0 A Z 0 N JO G m H N Y m C a O C C 'X •K F v Z y V Z Z u+ O N i vOi Y p O N m �° y W Q W v a Z a 0 Z p x x �> L G q> O v> NO Z W A J m C W d J C C m ,a l7 O z Q9 w a 0 o. C N N M PI N N D N ip N E N W 0 9 l6 J N d t0 �U N Q Y 0 I LU C L W N N � b O M O f H N N O � O '6 d 9 C 0 N N � c .y In E amo 4 Q N N N O a a 13 N N N C W q H lG 01 � g w 00 C H Q N N N C LA T O O - b N D � � O N N N 6 d b O � O ` m n F C W N N N b O C N rl N f N O n O b � M Y ~ IO N f f N N N N II N II VI Om7 7 00 `n 0 = Y a = Y a = N � N N � N I. F F ~ U C V a 0 d c L U d C O T a c N LL d A 0 V N 6 Q p = C u N W Q Exhibit E-2 Consultant Fee Determination -Summary Sheer ME Standard DKS Maximum Fated Maximum Billing Grades Direel Salary Overhead fca:• Billing Rale S 9.77 177.70'% 30.0% Tech Level A 5 9.62 177.10'% 30.0% S 29.55 Tech level 0 S 9.77 177.70'% 30.0% S 30.00 Tech Level C 5 11,40 177.10% 30.0% S MAO Tech Level D/Grade 1 5 13,03 177.10% 30.0% S 40,00 Tech Level FJGrade 2 S 14.65 177.10% 30.0% S 45.00 Tech Levrl F/Grade3 5 16.38 177.10% 30.0% S 50.00 Tech level GtOrade 4 S 17.91 177.10% Mgx% 5 55.00 Tech Lc +e1 R/Grade 5 S 19.54 177.10% 30.0% $ 60.00 Tech Level lfGrala 6 S 21.17 177,10% 300% 5 65.00 Tech Level 110mde 7 $ 23.79 177,10% 311.0^% S 70.00 Tech Level K/Grade 8 S 24.43 177.10% 3031% S 75.00 7«h Level LiGmde 9 S 26.05 177.10% 30.OG $ 80.00 Tech Level ht/Grade 10 S 27.68 177.10% 30.01. S 85.00 Grade 11 S 39.31 177.10% 30.0% S 90.00 Grade 12 $ 3093 177.10% 30.0% 5 95.00 Grade 13 5 33.56 177.10% 30.05. S 100.00 Grade 14 5 34.19 177.10% 30.01% S 105.00 Grade 15 S 35.83 177.10% 30.0% S I MOO Grade 16 S 37.45 177MM 30.0% 5 115.00 Grade 17 S 39.08 177.10% 30.0% $ 130.00 Grade 18 S 4070 177.10'% 30.0% S 125.00 Grade 19 5 42,33 177.10% 30.0% $ 130.00 Grade 20 $ 43.96 177.10% 30.0% 5 135,00 Gmdc 21 S 45.59 177.10% 30.0% S 140.00 Grade 22 $ 47.2-1 171.10% 30.0% S 145M Grad. 33 S 48,84 1T7.10 30.0% S 150.00 Grade 24 S 50.47 177.10% 30.0% S 155.00 Grade 25 5 52.10 117.10% 30.0% 5 160.00 Grade 26 S 53.73 177.10% 30.0% S 165.00 Grade 37 S 55J6 177,10% 30.0% S 170.00 Grade 28 S 56.98 177.10% 30.6% S 175.00 Grade 29 S 58.61 177.10% 30.0% 5 18000 Grade 30 S 6024 177.10% 30.0% 5 185.00 Grade 31 $ 61.87 177.10% 30.0% S 190.00 Grade 32 S 63.50 177,10% 311.0% S 195.00 Grade 33 5 65.13 177.10% 30.0% S 200.00 Grade 34 5 66.73 177.10% 30.0% S 205.00 Grade 35 5 68.38 177.10% 30.0% S 210.00 Grade 36 S 70.01 177.10% 30.0% 5 215.00 Gmdc 37 S 71.64 177.10% 311.0% S 220.00 Grade 38 S 73.27 177.1017 30.0% S 225.00 Grade 39 $ 74.89 117.10% 30.0% 5 230.00 Grade 40 $ 76.52 177.10% 30.0'% S 235.00 'calculomd using direct salary only billing rare shall not exceed maximum rate shown In table above per job classi0calian. Rates are good until Jan 1. 2016 Rates amsob ect to mncgmiatians per Section V, Payment Provisions, of the Agreemttn. Approved Submitted City of Signature Printed Name Title Date 0KS Assodates Signature citxg(- Xlly-E2 Printed Name Principal Title 7A4 /s Date Ad► Washington State TAf Department of Transportation Lynn Peterson Secretary of Transportation November 14, 2014 DKS Associates, Inc. 719 - 2°d Avenue, Suite 1250 Seattle, WA 98104-1706 Subject: Acceptance FYE 2013 ICR — Cognizant Review Dear: Mr. Eric Shimizu Transportation Building 310 Maple Park Avenue SE. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY:1-800-833-6388 vmvw.wsdotwa.gov Washington State Department of Transportation (WSDOT) has received your request to extend your currently approved Indirect Cost Rate (ICR.) We have accepted the ICR of 177.10% for FYE 2013, based on the "Cognizant Review" from Oregon Department of Transportation and extend it to April 30, 2015. This rate may be subject to additional review if considered necessary by WSDOT and will be applicable for Local Agency contracts only. Costs billed to agreements will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement. If you have any questions, feel free to call me at (360) 705-7106 or via email consultantratesQwsdot.wa.2ov. Regards; VMqK,1 pLs'u. �%22� K. JONSON Manager, Consultant Services Office EKJ:kal Acceptance Cognizant Review AdOL Washington State w, Department of Transportation April 2, 2014 Memorandum TO: Erik Jonson, WSDOT Contracts Administrator MS 47323 FROM: Martha Roach, Agreement Compliance Audit Managep SUBJECT: DKS Associates Indirect Cost Rate correction for fiscal year end April 30, 2013 Corrected Memo The Oregon Department of Transportation (ODOT) has concluded their cognizant review of DKS Associates for the above referenced fiscal year. ODOT is the Cognizant State for DKS Associates. As such ODOT has performed its cognizant review and accepted the audit performed by OUM & Co, LLP. ODOT provided us a copy of the acceptance letter along with the CPA audit report. Based ODOT's acceptance of the revised Indirect Cost Rate for DKS Associates, we are issuing this letter establishing the DKS Associates Indirect Cost Rate for the fiscal year ending April 30, 2013 at 177.10% of direct labor (rate includes 24% Facilities Cost of Capital). Costs billed to agreements will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement. If you have any questions, feel free to call me at (360) 705-7006 or via email at roaclimaQ.wsdot.wa.eov Attachment cc: Steve McKemey File DOT Forth ]CC -0C3 EF Reu 569 Oregon Department of Transportation Audit Services Address: 355 Capitol Street NE, Salem. OR 9730 Telephone: 503.936-3213 Far. 503-936-3559 March 21, 2014 The Boned of Directors DKS Associates Re: DKS Associates Schedule of Direct Labor, Burden. Fringe Benefits. and Overhead Costs As Reissued Fiscal Year Ended April 10. 2013 We have performed a cognizant review of DKS Associates' documentation and the working papers of your independent CPA Linn, OUM & Co. LLP, of their audit of the Schedule of Direct Labor, Burden, Fringe Benefits. and Overhead Costs for DKS Associates' Fiscal Year Ended April 30, 2013 in accordance with our role as Cognizant Agency as defined in 23 U.S.C. I I2(b)(2)(c) and 23 CFR 172.3 and 172.7. Our cognizant review was performed in accordance with the AASHTO Review program for CPA Audits of Consulting Engineers' Indirect Cost Rates. We were provided with a copy of independent auditor's report dated October 10, 2013, copies of their Avoiting papers and additional documentation from DKS Associates. As the result of our review, the referred abode overhead schedule was reissued to reflect additional adjustments to increase the originally reported direct labor related to uncompensated overtime for salaried employees, to decrease the originally reported indirect labor related to uncompensated overtime for salaried employees and unallowable excess executive compensation, and to decrease auto and travel costs for unallowable auto allowance. The aggregate effect of these adjustments was to decrease total overhead rate from 17.9.21 % as originally reported to 176.361/o. Based on our review, we accepted the reissued audited Schedule of Direct Labor, Burden, Fringe Benefits, and Overhead Costs As Reissued. This letter of concurrence establishes DKS Associates' Schedule of Direct Labor, Burden, Fringe Benefits, and Overhead Costs Rate for the fiscal year ended April 30, 2013 at 176.36% of direct labor and a Facilities Capital Cost of Money factor of 0.24% of direct labor. A copy of this letter will be forwarded to the appropriate ODOT contracting offices and Washington and California DOTS. If you or any representative of DKS Associates has any questions, please contact me at (503) 986-03213 or tnna Cutting at (503) 936-3 174. Sincerelv, Ifargare�, CPA External Audit Services Manager Oregon Department of Transportation cc: Lisa Loudon, CFO, DKS Associates Exhibit F Title V/ Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: WSDOT Form 140.089 EF Exhibit F Page 1 of 1 Revised 1013012014 Exhibit G -1(a) Exhibit G -1(b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Exhibit G Certification Documents Certification of Consultant Certification of Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 Exhibit G -1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of BergerABAM Inc. whose address is 33301 Ninth Avenue S., Suite 300, Federal Way, WA 98003 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 City of Pasco 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. BergerABAM Inc. Consultant (Finn Name) January 12, 2015 Signature (Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of i Revised 1013012014 Exhibit G -1(b) Certification of city of Pasco 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: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10130/2014 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. BergerABAM Inc. Consultant (Finn Name January 12, 2015 Signature (Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 o(1 Revised 1013012014 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, a officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. BergerABAM Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) January 12, 2015 Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10130/2014 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Feasibility Traffic Study for Interchanges * are accurate, complete, and current as of January 8, 2015 This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: BergerABAM Inc. A w Signature Date of Execution***: January 12, 2015 Vice President Title *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project fitle.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. N/A Agreement Number: WSDOT Form 140-089 EF Exhibit H Page 1 of 1 Revised 1013012014 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 effor(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 finther, the next step in the process is for the project manager to contact the consultant regarding the alleged design enor(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 manger 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: WSDOT Form 140-089 EF Exhibit I Page 1 of 2 Revised 1013012014 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: WSDOT Form 140-089 EF Exhibit I Page 2 of 2 Revised 10130/2014 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: WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 1013012014 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 Pubic 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 W SDOT 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: WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 1013012014