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
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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:
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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:
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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:
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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
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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
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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
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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