HomeMy WebLinkAboutHDR Engineering, Inc. - Argent Road Improvement Phase 2 (#21-036) (#20011) - ExecutedLocal Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number: 21-035
Firm/Organization Legal Name (do not use dba's):
HDR Engineering, Inc.
Address
Federal Aid Number
929 108th Avenue NE Suite 1300, Bellevue, WA 980
STPUL-3522 (001)
UBI Number
Federal TIN or SSN Number
6010021437
47-0680568
Execution Date
Completion Date
6 -k-d-\
September 30, 2025
1099 Form Required
Federal Participation
❑ Yesi❑ No
❑i Yes ❑ No
Project Title
Argent Road Improvement, Phase 2 (#20011)
Description of Work
This project will provide for intersection improvements at Argent Road and Road 36. Improvements will
include: a traffic signal or roundabout, sidewalk, stormwater facilities, illumination, and related improvements
WSDOT Agreement No. LA -9552 (#3)
City Project No. 20011
❑ Yes ❑Q No DBE Participation
Total Amount Authorized: $123,362.45
❑ Yes 0 No MBE Participation
Management Reserve Fund: $3,149.37
❑ Yes ❑i No WBE Participation
❑ Yes ❑Q No SBE Participation
Maximum Amount Payable: $126,511.82
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work
DBE Participation
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub -consultant Cost Computations
Title VI Assurances
Certification Documents
T :,.1.;1;4y T«.,..fa- ee !tier -
-________J - __ __-_______ _ ___ _ _
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
Agreement Number: 21-035
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 1 of 14
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, WA ,
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined; and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number: 21-035
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Revised 02101/2021
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime)
involved with this AGREEMENT into the wsdot.diversit com liance.com program. Payment information
shall identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY:
Name: Dustin C. Wittman
Agency: City of Pasco
Address: 525 N 3rd Ave
City: Pasco State: WA Zip: 99301
Email: wittmand@pasco-wa.gov
Phone: (509) 545-3447
Facsimile: (509) 543-5728
IV. Time for Beginning and Completion
If to CONSULTANT:
Name: Paul A. Ferrier
Agency: HDR Engineering, Inc.
Address: 929 108th Ave NE Suite 1300
City: Bellevue State: WA Zip: 98004
Email: Paul.Ferrier@hdrinc.com
Phone: (425) 450 - 6200
Facsimile:
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Agreement Number: 21-035
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Agreement Revised 02/01/2021
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D" and "E" and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non -salary costs.
1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such
on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and
all A&E sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's
fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.)
for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by
the ICR schedule. It shall also be used for the computation of progress payments during the following year
and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will
be sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their A&E sub -consultants
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section)
These charges may include, but are not limited to, the following items: travel, printing, long distance
telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed
only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
Agreement Number: 21-035
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4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D"
and `B" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
"Extra Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
Agreement Number: 21-035
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D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager.
A. Sub -Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub -consultant, any contract or any other relationship.
Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub -
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
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Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(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)
• 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
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26
• Age Discrimination Act of 1975 • RCW 49.60.180
(42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
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date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
Agreement Number: 21-035
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XII. Legal Relations
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees,
sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY'S, their agents', officers' and employees' failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
Agreement Number: 21-035
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14
Revised 0210112021
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub -
consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name: Dustin C. Wittman
Agency: City of Pasco
Address: 525 N 3rd Ave
City: Pasco State: WA Zip: 99301
Email: wittmand@pasco-wa.gov
Phone: (509) 545-3447
Facsimile: (509) 543-5728
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
Agreement Number: 21-035
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Revised 0210112021
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only inAGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number: 21-035
Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14
Revised 02/01/2021
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY, or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number: 21-035
Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14
Revised 0210112021
Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other parry; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified:
The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that
may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub -consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number: 21-035
Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14
Revised 02/01/2021
tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub -consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
-Paj A_�
Signature
Signature
6/1/2021
Date
-G�
Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Agreement Number: 21-035
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14
Revised 02101/2021
See Attached.
Exhibit A
Scope of Work
Project No. 20011
Agreement Number: 21-035
Exhibit A -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 1
F -- ) 111,
Scope of Services
Argent Road Improvements (Phase 2) — Road
36 Intersection Improvements
Preliminary Design and Right -of -Way Services
City of Pasco, WA
May 28, 2021
0� City of Pasco I Argent Road Improvements (Phase 2)
Scope of Services - May 28, 2021
TABLE OF CONTENTS
INTRODUCTION..........................................................................................................................3
Background................................................................................................................................
3
ProjectDescription.....................................................................................................................3
ProjectTeam.............................................................................................................................3
Scopeof Work...........................................................................................................................4
MajorMilestone Schedule.........................................................................................................4
Quality Assurance / Quality Control...........................................................................................4
ChangeManagement................................................................................................................
5
SubconsultantCoordination.......................................................................................................5
ProjectAssumptions..................................................................................................................
5
GeneralAssumptions.............................................................................................................
5
Design Standards and References........................................................................................
7
ServicesNot Required...........................................................................................................8
PROJECTTASKS........................................................................................................................
8
TASK 1 PROJECT MANAGEMENT AND ADMINISTRATION...............................................8
1.1 Project Management, Invoicing, and Controls.................................................................8
1.2 Project Team Coordination Meetings...............................................................................9
1.3 Project Schedule............................................................................................................10
TASK 2 SURVEY, MAPPING AND RIGHT OF WAY............................................................10
2.1 Research, Existing Data Compilation and Survey Control.............................................11
2.2 Field Surveying and Base Mapping...............................................................................12
2.3 Right -of -Way and Parcel Resolution, Easements, Exhibits, and Legal Descriptions .....
13
2.4 Supplemental Surveys (FUTURE).................................................................................13
TASK 3 GEOTECHNICAL INFORMATION REVIEW............................................................14
TASK 4 TRAFFIC ANALYSIS...............................................................................................14
4.1 Data Collection...............................................................................................................14
4.2 Operations Analysis.......................................................................................................14
4.3 Intersection Control Evaluation (ICE) Report.................................................................14
4.3.1 Intersection Control Evaluation (ICE) Report......................................................14
TASK5 30% DESIGN............................................................................................................15
5.1 30% Design Plans..........................................................................................................15
5.2 30% Engineer's Estimate...............................................................................................16
5.3 Roadway Design............................................................................................................16
5.3.1 Typical Roadway Sections..................................................................................16
5.3.2 Plan and Profile...................................................................................................16
5.3.3 Pavement Marking..............................................................................................16
5.3.4 Drainage..............................................................................................................16
5.4 Traffic Design.................................................................................................................17
5.4.1 Inventory Signal Equipment................................................................................17
5.4.2 Signal Design (Road 36 Traffic Signal Alternative Selected) ............................
17
5.4.3 Roundabout Design (Road 36 Roundabout Alternative Selected) ......................17
5.4.4 Illumination Design..............................................................................................
18
hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126
(509) 343-8500
MCity of Pasco i Argent Road Improvements (Phase 2)
Scope of Services - May 28, 2021
5.4.5 Sign Design.........................................................................................................18
5.5
Landscaping Design......................................................................................................18
5.6
Utility Notification and Relocation Coordination.............................................................19
5.7
FAA Coordination...........................................................................................................20
5.8
30% Submittal................................................................................................................21
5.8.1
30% Plan Sheet List............................................................................................
22
TASK 6
ENVIRONMENTAL DOCUMENTATION & PERMITTING.......................................23
6.1
Environmental Kick-off Meeting and Site Visit...............................................................23
6.2
SEPA Checklist Preparation..........................................................................................23
6.3
Supplemental Memo to NEPA CatEx............................................................................23
6.4
Revise NEPA CE (Contingency)....................................................................................23
TASK 7
FINAL DESIGN - PS&E (FUTURE)..........................................................................24
TASK 8
REAL ESTATE SERVICES (RES)...........................................................................24
8.1
Real Estate Services Management................................................................................25
8.2
Property Descriptions and Valuations............................................................................25
8.3
Acquisition and Negotiation Services.............................................................................27
8.4
Certification....................................................................................................................
29
TASK 9
BIDDING PHASE ASSISTANCE (FUTURE)...........................................................30
TASK 10
PUBLIC INVOLVEMENT PROGRAM......................................................................30
10.1
Project Exhibits.........................................................................................................30
10.2
Stakeholder and Council Briefings............................................................................30
TASK 11
MANAGEMENT RESERVE FUND...........................................................................31
TASK 12
CONSTRUCTION SUPPORT SERVICES (FUTURE)..............................................31
hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126
(509)343-8500
City of Pasco I Argent Road Improvements (Phase 2)
r Scope of Services - May 28, 2021
INTRODUCTION
During the term of this PROFESSIONAL SERVICES AGREEMENT (AGREEMENT), HDR
Engineering, Inc. (CONSULTANT) shall perform professional services for the City of Pasco
(CITY) in connection with the following project: Argent Road Improvements (Phase 2)
(PROJECT)
Background
The CITY desires to develop improvements to Argent Road that promote multi -modal travel and
manages access to adjacent properties in a safe and efficient manner. The Argent Road
Widening Project was originally considered in its entirety from 20th Avenue to Road 36.
However, due to the immediate private development on Port of Pasco's property, it became
necessary to divide the project into three phases: Phase 1 provides for improvements from 20th
Avenue to Saraceno Way/Varney Lane. This project is well underway and not included in this
scope of services. Phase 2 will provide for intersection improvements at Argent Road and Road
36. Phase 3 includes widening of Argent Road from Phase 1 improvements at Saraceno
Way/Varney Lane to the Road 36 intersection improvements as part of Phase 2.
Argent Road provides for access to two regionally significant facilities: The Tri -Cities Airport and
the Columbia Basin College. Due to abundant residential development in Pasco, coupled with
recent and planned growth in industrial, commercial, port, and institutional land uses adjacent to
Argent Road, Argent Road necessitates roadway improvements. The planned improvements for
this corridor will help accommodate present and future traffic needs including Columbia Basin
College (CBC) traffic and commercial development for the Port of Pasco (Port).
Project Description
The PROJECT includes one phase of the three-phase project as described in the Background
section. Phase 1 and Phase 3 design services are not included in this Scope.
Phase 2 (included in this scope of services) will provide for intersection improvements at Argent
Road and Road 36. Improvements will include: a traffic signal or roundabout, sidewalk,
stormwater facilities, illumination, and related improvements.
Argent Road will be widened to provide four travel lanes, a center median and left turn pockets,
bike lanes and a detached sidewalk on both sides. Street lighting will be upgraded to LED
fixtures and landscaping will be added along the corridor.
Project Team
This scope of work uses the following references for PROJECT team members:
• CITY = City of Pasco - PROJECT Sponsor and owner of facilities within City of Pasco
rights-of-way
• Port = Port of Pasco (Major PROJECT Stakeholder)
• CBC = Columbia Basin College (Major PROJECT Stakeholder)
• BFT = Ben -Franklin Transit (PROJECT Stakeholder)
hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126
(509)343-8500
0� City of Pasco I Argent Road Improvements (Phase 2)
Scope of Services - May 28, 2021
• WSDOT = Washington State Department of Transportation (PROJECT Stakeholder and
Approving Agency)
• CONSULTANT = The HDR Consultant Team
o HDR = HDR Engineering, Inc. (Prime Consultant on the PROJECT)
o AHBL = AHBL, Inc. - subconsultant to HDR (Surveying, Utility Locates, Right -of -
Way, Legal Descriptions, exhibits)
o S&W = Shannon & Wilson, Inc. (Geotechnical Engineering subconsultant to
HDR)
o AEC = Anderson Environmental Consulting LLC (Environmental subconsultant to
HDR)
Scope of Work
This scope of work includes 30% project management, 30% roadway design, survey and utility
notification and relocation coordination, geotechnical information review, PS&E development
(Future Amendment), traffic engineering and analysis, temporary traffic control and staging
(Future Amendment), permitting, right of way acquisition, environmental review and
documentation, public involvement, and bidding phase assistance (Future Amendment).
Construction support services can be added to the contract by the CITY as a supplement to this
contract prior to that phase of work.
Major Milestone Schedule
The following are major schedule milestones for the project:
30% Design (establish ROW footprint) ........ September 2021
SEPA Submittal .................. ..................... October 2021
60% Design .................................................. December 2021 (Future Amendment)
90% Design .................................................. March 2022 (Future Amendment)
ROW Acquisition Complete........
Ad -Ready .....................
Bidding Phase ..............
......... June 2022
..... July 2022 (Future Amendment)
..... Summer 2022 (Future Amendment)
Quality Assurance / Quality Control
The CONSULTANT's Quality Assurance Checklist will be completed and submitted by the
CONSULTANT with each Plan submittal. Bid Ready PS&E work submitted to the CITY shall be
stamped and signed by a professional engineer in the State of Washington. Milestone Plans,
Specs, and Estimate submittals shall not be stamped and will be marked "Not for Construction
The CONSULTANT will upload submittals to the PROJECT FTP site, provided by the CITY.
The CITY will contact PROJECT stakeholders to download and review submittals.
Stakeholders may include but are not limited to CITY Departments as appropriate (e.g. Police,
Fire, Public Works Operations), Franklin Public Utility District, Cascade Natural Gas, Frontier,
Comcast, USPS, BFT, the Port, and CBC. The CITY will summarize the PROJECT stakeholder
review comments of each plan submittal and transmit a single document that contains the
compiled stakeholder comments to the CONSULTANT in a Review Ledger. The
CONSULTANT will respond to the CITY's comments in the Review Ledger by indicating the
hdrinc.com 835 N Post Street, Suite 1011 Spokane, WA 99201-2126
(509)343-8500
01City of Pasco i Argent Road Improvements (Phase 2)
Scope of Services - May 28, 2021
actions taken on each comment within two weeks, verifying that CITY comments have been
addressed (or provide written response as to why the changes have not been made).
Each plan submittal will include a comment review discussion between the CITY and the
CONSULTANT. This meeting will be a collaboration session to chart the path forward to the
next submittal and address any concerns that were observed during submittal review.
Change Management
This is a time and materials contract, with a not to exceed maximum contract value. If the scope
of work increases or decreases as it relates to this scope of work, then an adjustment to the
associated fees and delivery schedule will be implemented once the CITY and the
CONSULTANT mutually agree on the terms of the change and an agreement to formalize the
terms is executed.
Subconsultant Coordination
The CONSULTANT shall not subcontract for the performance of any work under this
AGREEMENT without prior written permission of the CITY.
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.
SUBCONSULTANTs will prepare Quality Control plans and complete QC on all deliverables.
The CONSULTANT will perform a Quality Audit to ensure the SUBCONSULTANT followed their
QC plan.
The work of the SUBCONSULTANT shall not exceed its maximum amount payable unless the
CITY has issued prior written approval. Either a percent of the SUBCONSULTANT agreement
or direct labor should be noted for administrative costs in the fee estimate and invoices.
Subcontracts shall contain applicable provisions of this AGREEMENT.
Project Assumptions
General Assumptions
This scope of work is based upon certain assumptions and exclusions, identified below and
under specific tasks. The following assumptions were used in the development of this scope of
services:
1. The CONSULTANT Principal -in -Charge for this work will be Michael A. Pawlak, PE. The
CONSULTANT Project Manager for this work will be Dustin L. Posten, PE. The CITY's
Project Manager for this project will be Michael Uhlman, PE.
2. The CITY will provide to the CONSULTANT pertinent information in the CITY's possession
relating to the PROJECT. The CONSULTANT will rely upon the accuracy, timeliness, and
completeness of the information provided by the CITY.
3. The PROJECT phases (2 and 3) will be designed concurrently, but separate bid packages
including Plans, Specs, and Estimate will be developed for each Phase 2 and Phase 3.
4. The CITY shall provide or make available the following items to the CONSULTANT:
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a. CITY of Pasco Design Standards & Guidelines
b. Existing GIS and survey mapping information of the project including but not limited
to general utility location maps.
c. Copies of existing record drawing information of the project area.
d. Updated utility contact information.
e. One set of consolidated review comments for each Major Milestone Submittal (30%,
60%, and 90%).
f. Existing right-of-way plans for the PROJECT area.
g. Signal timing information at the signals on Argent with Morasch Ln, Saraceno Way,
and 20th Ave.
h. Crash data at the study intersections as identified in Task 4.
5. WSDOT standard bid items will be used for all items on the PROJECT, unless unavailable
for items specified by special provisions.
6. Specifications will be developed based on WSDOT Standard Specifications incorporating
the American Public Works Association (APWA) General Special Provisions (GSPs) and
special provisions provided by the CITY. Administrative sections of the contract documents
including advertisement for bids, information for bidders, and bid package information will be
developed based on CITY provided templates and examples for consistency.
7. WSDOT will review and approve PROJECT elements that impact the US -395 / Argent Road
intersection and traffic signal operation.
8. AutoCAD Civil3D 2018 (or newer) design and drafting software will be utilized on the
PROJECT.
9. The PROJECT will be hosted on an HDR ProjectWise server and HDR Title Blocks will be
used for plan sheets with the CITY logo.
10. Stormshed 3G, Bentley StormCAD, FlowMaster, CivilStorm, and/or other hydrologic and
hydraulic software will be utilized for drainage design.
11. AG132 software will be used for illumination design.
12. MS Excel will be utilized for spreadsheets.
13. MS Word will be utilized for word processing.
14. MS Project will be utilized for scheduling.
15. MS Power Point will be utilized for presentations.
16. Survey will be in State Plane Coordinates with horizontal datum of NAD 83 (2011) and
vertical datum of NAVD 88 unless otherwise coordinated due to the datums of the Port or
the Phase 1 project surveyed by others.
17. AutoTurn 11 will be utilized to evaluate vehicle turning movements as needed.
18. ESRI ArcGIS products will be used for the processing and presentation of geospatial
information as needed.
19. Each memo deliverables defined in this scope of work includes a draft and final version of
the memo deliverable. The CITY and Stakeholders will comment on the draft deliverable.
The CITY will compile all comments and provide to the CONSULTANT. CONSULTANT will
provide a proposed resolution in a comment log and will issue a final deliverable that
incorporates the CITY's and Stakeholder's comments.
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20. CITY comments to plans, specifications, and estimates (PS&E) will be cataloged by CITY.
CONSULTANT will provide a proposed resolution in a comment log. CITY comments will be
incorporated into later PS&E submittals.
21. Submittals will be in electronic format unless otherwise noted. All deliverables defined in this
scope of work have an embedded quality control procedure, unless noted otherwise.
22. Construction bid estimates and other opinions of cost and schedule are estimates.
Therefore, CONSULTANT makes no warranty that actual project costs, financial aspects,
economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses,
projections, or estimates.
23. CITY will host and solicit bids from Contractors on their website
www.cityofpascooIanroom.com
Design Standards and References
The project shall be developed in accordance with the latest edition, amendments, and revisions
(as of execution of this AGREEMENT) of the following publications, where applicable:
1) City of Pasco Publications:
a) City of Pasco Design and Construction Standards, Rev June 2020
2) State Publications
a) 2021 Standard Specifications for Road, Bridge, and Municipal Construction (M 41-10)
b) Standard Plans for Road, Bridge, and Municipal Construction (M 21-01)
c) WSDOT Design Manual (M 22-01.13)
d) WSDOT Hydraulic Manual (M 23-03)
e) Amendments to the General Special Provisions
f) WSDOT Standard Item Table
g) WSDOT Highway Runoff Manual (M 31-16)
h) WSDOT Environmental Manual (M 31-11)
i) WSDOT Traffic Manual (M 51-02.08)
j) WSDOT Local Agency Guidelines (M 36-63.32)
3) WA Department of Ecology (DOE)
a) Stormwater Management Manual for Eastern Washington (SWMMEW) (2019)
4) American Association of State Highway and Transportation Officials (AASHTO)
a) A Policy on Geometric Design of Highways and Streets ("Green Book"); 2018, 7th Edition
b) Any AASHTO policies where said policy is not in conflict with the standards of the City of
Pasco.
5) U.S. Department of Transportation Publications:
a) Manual on Uniform Traffic Control Devices for Streets and Highways (2009 Edition with
Revision Numbers 1 and 2, dated May 2012)
6) Other Publications
a) National Electric Code
b) Illuminating Engineering Society (IES) Lighting Library
c) Book of American Society for Testing and Materials Standards
d) ITE Trip Generation (10th Edition)
e) Highway Capacity Manual (6th Edition), Transportation Research Board
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f) American Public Works Association General Special Provisions
Services Not Required
• STBG/STP reimbursement requests and reporting will be performed by the CITY.
• Structural engineering for structures, retaining walls, or special signs.
• WSDOT Intersection Plan for Approval will not be required at the Morasch Ln/US-395
intersection.
PROJECT TASKS
Task 1. Project Management and Administration
1.1 Project Management, Invoicing, and Controls
The purpose of this task is to describe those services necessary to plan, perform, and control
the various elements of the PROJECT so that this scope of work is delivered by CONSULTANT.
Activities:
1 The CONSULTANT shall provide an experienced project manager to oversee, schedule
and manage the work of the Project Team.
2 The CONSULTANT shall provide management, coordination, and direction to the
CONSULTANT'S staff to complete the PROJECT as provided in this scope of services on
the schedule included and within budget. The CONSULTANT shall provide project
management activities associated with filing, contract initiation, oversight of subconsultants,
preparation of invoices, documentation of meetings, and other internal administrative tasks.
3 The CONSULTANT shall maintain a change log for the tasks defined in this scope of work.
The change log will document items of work that deviate from the key understanding and
assumptions defined in the scope for work.
4 The CONSULTANT shall maintain a risk register for the tasks defined in the scope of work.
The risk register will document items of work that pose risk to the PROJECT and require
input from stakeholders to resolve.
5 The CONSULTANT shall transmit electronic copies of deliverables defined in the scope of
work to the CITY. The CONSULTANT shall keep a log of deliverable documents
transmitted to the CITY. The log will include document name, type, version, and date.
6 The CONSULTANT shall prepare a Project Management Plan (PMP) outlining the project
scope, team organization, budget, schedule, and communications plan. The PMP will also
include the PROJECT Quality Assurance / Quality Control Plan and Project Health and
Safety Plan.
7 The CONSULTANT shall provide monthly invoices and detailed progress report.
8 The CONSULTANT shall assemble project documentation, records, and prepare electronic
files to be retained by the CONSULTANT and transmitted to the CITY in accordance with
this AGREEMENT.
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9 The CONSULTANT shall coordinate with SUBCONSULTANTs to review, negotiate, and
approve agreements, invoices, and modifications in accordance with this AGREEMENT.
Assumptions:
• The initial contract duration for the 30% design effort is assumed to be from June 2021
through September 2021, or 4 months. (A future amendment is anticipated to cover the
remaining project management through September 2022 for a total of 16 months.)
Deliverables:
• Monthly invoice documenting cost to date by activity
• Monthly progress report detailing activities performed
• Monthly log of deliverable materials transmitted to the CLIENT
• CONSULTANT Quality Management Plan (for information only, no review)
• Quality Assurance Documentation by deliverable
• CONSULTANT Project Management Plan (for information only, no review)
1.2 Project Team Coordination Meetings
The purpose of this task is to identify meetings for the CITY, the CONSULTANT, and third
parties to coordinate and review the design of the overall PROJECT during the development of
the PROJECT design.
Activities:
• The CONSULTANT shall attend and support the CITY in an initial overall team kickoff
meeting as organized by the CITY.
• The CONSULTANT shall organize and attend a monthly one-hour coordination meeting
with the CITY to coordinate the elements of design contained in the scope of work. The
CONSULTANT shall detail PROJECT action items and proposed resolutions in a tracking
log. The CONSULTANT Project Manager will attend all meetings with the Traffic and
Roadway leads attending half of the meetings.
• The CONSULTANT shall attend up to 6 additional meetings to support the CITY with
PROJECT stakeholder briefings, negotiations, and coordination, such as with WSDOT,
Utilities, City Staff, Property Owners, or PROJECT Stakeholders. The CONSULTANT
Project Manager will attend all meetings with the Traffic and Roadway leads attending half
of the meetings.
• The CONSULTANT shall organize 6 monthly internal team coordination virtual meetings
lasting one hour each to coordinate the design, discuss progress, review the schedule, and
develop action items. The Project Manager, Traffic, Roadway, and RES leads will attend
each meeting.
Assumptions:
• The initial kickoff meeting and coordination meetings will occur remotely using the CITY's
preferred virtual meeting software. HDR's preference is Webex. The kickoff meeting and
monthly coordination meeting will last one hour, without travel. CONSULTANT staff
attending the initial kickoff meeting and monthly coordination meeting with the CITY shall
include the Project Manager, Roadway and Traffic Lead.
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CONSULTANT staff travels to/from in-person meetings (as needed) is reimbursable by the
CITY, approximately 4 hours round-trip.
The CONSULTANT shall prepare and distribute meeting agendas for the meetings the
CONSULTANT is organizing.
Additional technical meetings with the CITY or other third parties to support technical
activities defined in the tasks below have been included in those tasks.
Deliverables:
Meeting agenda prior to the meeting and minutes for meetings the CONSULTANT has
organized within one week.
1.3 Project Schedule
The purpose of this task is to outline the tasks and timeline necessary to plan, perform, and
control the various elements of the PROJECT so that this scope of work is delivered by
CONSULTANT.
Activities:
HDR will prepare a schedule in Microsoft Project. The schedule will be baselined with
approval of the planned tasks with the CITY PM and CONSULTANT PM. The PROJECT
team will use the schedule, which will be updated monthly with actual milestone
achievements, to check the budget, staffing levels, and where the deliverable schedule
might be affected. These tools will be used to adjust staff assignments so that our schedule
and fee commitments are met. PROJECT team meetings will enforce the schedule and
hold team members accountable for progress on their components of the PROJECT.
Schedule updates will be submitted monthly to the CITY as part of our invoice package.
The overall PROJECT duration is anticipated to be 16 months.
Deliverables:
PROJECT Schedule
Monthly PROJECT Schedule updates
Task 2. Survey, Mapping and Right of Way
This task involves field surveying to densify horizontal and vertical control within the project
limits, collecting existing topographic features and producing a project basemap and existing
ground surface be used in design, and conducting additional survey work to supplement the
basemap and surface as the design progresses. See image below for mapping limits.
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APPROXIMAT-
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2.1 Research, Existing Data Compilation and Survey Control
The CONSULTANT will collect existing data pertinent to the project that is available from the
CITY, the Port, other agencies, franchise utilities, and other sources. The data shall include
ROW information, topographic surveys, existing utility locations, and previous reports and
documents pertaining to the project.
The CONSULTANT will recover existing survey control monumentation. Horizontal Datum will
be NAD 83. Vertical Datum will be NAVD 88, Feet. Consultant will set up to two (2) permanent
control points suitable for use during construction.
• Geodetic Control: This task involves the establishment of survey control at the project
site for use in all phases of the project. Typically, survey control will be established
using GPS together with terrestrial Total Station observations.
• Cadastral Control: This task involves records research and the recovery and
observation of cadastral monumentation for use in the resolution of the ROW,
boundaries, and any required easements.
Assumptions:
• CITY will provide survey control information from the Phase 1 improvements for
coordination.
• Port of Pasco will provide existing electronic survey data for the south end of the airfield
in the proximity and including Runway 3L. This data will include the position of the
Runway Protection Zone (RPZ) and other information pertaining to the current and future
proposed function of Runway 3L.
Deliverables:
• Set permanent control points in the field and provide control summary for incorporating
into the Design Plans.
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2.2 Field Surveying and Base Mapping
A Washington State licensed professional land surveyor will prepare an existing conditions
survey. This task includes the office processing of the surveyed data sets and the extraction of
the data required for deliverable. This task also includes the processing of the data collected for
use in the creation of the topographic mapping deliverable. Base mapping shall include
topographic features and elevations within the project limits to a level of detail necessary for the
engineering design and will field locate, at a minimum, the following within the project limits:
• Topographic features between the edge of pavement and existing buildings along the
corridor, including any building faces, fences, signs, parking features, surface utilities,
surface evidence of subsurface utilities, and trees 4 -inch diameter and greater. Survey
limits are full right-of-way or to fences / walls, whichever is closer, to at least 140 feet wide
on Argent Road, and 120 feet on Road 36.
• Locations of proposed geotechnical borings
• Utility paint markings
• Existing traffic signal equipment
• Existing overhead utility lines
The CONSULTANT will be responsible to call for utility locates. Locates will be obtained prior to
the commencement of field survey for sub -surface utilities. These will be done initially by One -
Call and then by private firm.
The CONSULTANT will perform measure downs to collect invert elevations and pipe sizes of
sanitary and storm sewer systems and obtain top of operating nut elevations on all water valves
and compile this data into the project basemap.
The CONSULTANT will prepare a 1"=20' comprehensive basemap adequate to support the
design and cost analysis work performed in the design. The completed base map will be
reviewed for accuracy by the Survey Quality Control Lead and any comments made during this
review will be rectified and verified prior to release of the basemap. Existing features to be
compiled and shown include:
Roadway, pavement markings, sidewalk, curb & gutter, guardrails, signals, structures,
traffic equipment, signals, buildings, poles, signs, overhead and sub -surface utilities,
ditches, fences, gates, and trees.
Right-of-way lines, parcel lines, roadway centerlines, survey control points, and survey
benchmarks.
Assumptions:
Right -of -Entry (ROE) to adjacent properties (Port) will be required and obtained by the
CITY. The ROE will extend 6 months beyond the anticipated PROJECT completion and
allow for all services in this Scope of Work including possible disturbance for utility locates
and geotechnical borings or test pits as needed.
The CONSULTANT will develop any required Traffic Control Plans and obtain approvals
and permits as needed from the CITY and WSDOT if applicable.
Survey control used on previous phases that the mapping matches into will be provided by
CITY.
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• Underground utilities will be painted or located by One -Call, as possible.
• The CONSULTANT will provide the survey in AutoCAD 2018 DWG format.
• Field survey will not be required within the Tri -Cities Airport security fence.
Deliverable(s):
• Topographic Survey and ROW Base Map (electronic copy), 1"=20' basemap, 1 -foot contour
intervals.
• Supplemental survey and corresponding Base Map updates.
• AutoCAD Surface (electronic copy in XML format compatible with 2018 AutoCAD Civil 3D.)
• Copy of field survey books (electronic copy including all point data in a txt or other plain text
file format).
• ASCII file of control points and an AutoCAD file with all points displayed with all breaklines
displayed.
2.3 Right -of -Way and Parcel Resolution, Easements, Exhibits,
and Legal Descriptions
The CONSULTANT will resolve existing ROW and adjacent parcel boundaries within the project
area. This task includes the office processing of the surveyed data sets and the extraction of the
data required for deliverable. This task also includes the processing of the data collected for use
in determining the right-of-way and the creation of the topographic mapping deliverable.
It is estimated that 3 Title Reports will be needed to determine the CITY'S ROW boundaries as
well as determine potential right of way acquisition areas, easements and permits. This task
also includes the development and delivery of up to 3 Exhibits and Legal Descriptions in support
of project ROW acquisition or new easement requirements.
Assumptions:
The CONSULTANT will obtain title reports for the 3 parcels that will be required.
Up to 3 parcels will require Exhibits and Legal Descriptions - up to two versions each.
Deliverable(s):
Draft and Final ROW Legal Descriptions and Exhibits in hard copy and electronic format.
Draft and Final Right -of -Way Plans
2.4 Supplemental Surveys (FUTURE)
It is assumed that during the design phase, some level of supplemental survey may be
necessary, and for purposes such as as -built survey of the Phase 1 improvements, topographic
survey within the Tri -City Airport fence if needed, private property match/conforms, utility
features, structure elevations, or features requiring more definition for design purposes.
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If necessary, this supplemental survey will be coordinated and approved via amendment to this
agreement as extra work.
Task 3. Geotechnical Information Review
The CONSULTANT will review geotechnical reports and recommendations provided by the
CITY and incorporate the CITY's recommended pavement section and underlying soil infiltration
rates into the design.
Assumptions:
• No fieldwork or subsurface borings will be completed.
• CITY will provide all available geotechnical reports and findings for the Argent Road
corridor for CONSULTANTS use.
• CONSULTANTS design for luminaire and/or traffic signal foundations will use WSDOT
and/or Franklin PUD standard foundations based on the provided reports or publicly
available soil information.
Deliverable(s):
None
Task 4. Traffic Analysis
The purpose of this task is to analyze recent and relevant traffic data on existing conditions to
best define and further develop the corridor design.
4.1 Data Collection
All data collection will be completed under a separate agreement.
4.2 Operations Analysis
All operational analysis will be completed under a separate agreement.
4.3 Intersection Control Evaluation (ICE) Report
4.3.1 Intersection Control Evaluation (ICE) Report
The CONSULTANT will produce a draft and final traffic technical and intersection control
evaluation (ICE) memo documenting basic assumptions, methods, summary results, and a
comparison of a signalized intersection vs. a roundabout intersection at Road 36 and Argent
Road based on the traffic analysis. The ICE will consider traffic operations, but also include an
evaluation of comparative costs, right of way and environmental impacts, maintenance costs,
crash reduction factors, pedestrian and multi -modal accommodations, and corridor level
considerations to arrive at a recommended intersection control.
Assumptions:
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• Data collection and operational analysis completed under the Phase 3 agreement will
provide the background data and analysis to complete the evaluation.
• The CITY will review and provide comments on the Draft ICE Report
• Roundabout analyses will be performed using Sidra 8 software.
• Maintenance costs for traffic signals and roundabouts will be provided to the
CONSULTANT by the CITY.
• Crash reduction calculations will be based on the Highway Safety Manual guidelines.
• Right of way and environmental impacts will be conceptual in nature for purposes of this
evaluation. Detailed analyses may later be required if the roundabout is identified as the
preferred alternative. A roundabout vs. traffic signal evaluation will only be completed at
Road 36 and Argent Road. No other intersections will be evaluated for alternate control
types.
Deliverable(s):
Draft and Final ICE Report including intersection type evaluation and recommendations,
Synchro and Sidra MOE Summary Tables and Detailed Operations Analysis Output Report
Sheets for each evaluated intersection type.
Task 5.30% Design
5.1 30% Design Plans
The CONSULTANT will advance the design of the selected intersection control type for Phase 2
from the work completed in Task 4.
Assumption(s):
• Symbols used by the CONSULTANT in the plans shall follow APWA standards. If the
symbols are not in the APWA standards, then CONSULTANT standard symbols shall be
used.
• Plans shall be prepared on the survey basemap. Each sheet shall contain design
elements, with line work for items detailed on other sheets screened back or drawn in thin
pen weight. The CONSULTANT is expected to the Industry Standard of Care in the design
planning and layout, with elements shown as close as possible to where they are to be
installed.
• General Construction Notes will be noted on plan sheets. General Notes will be
numerically ordered and consistent throughout the plan set. Note and leader shall call out
unique Construction Notes. Bubbles with leaders will be acceptable only for recurring
Construction Notes and wiring notes for Signal and Illumination plans as they are
numerically ordered and consistent throughout the applicable sheets.
• If additional detail is required to provide clarity, the Plans and Details shall include an
enlarged view.
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5.2 30% Engineer's Estimate
The CONSULTANT shall produce 30% Engineer's Estimate to include in the 30% submittal
documents. Unit Quantity calculations will be determined using measurement tools in AutoCAD
and documented on excel worksheets, showing assumptions made in determining quantities for
each bid item. Backup calculations shall specifically include items measured by the appropriate
unit. The Engineer's Estimate will include an itemized list in tabular form, describing; section,
item, and number of units (quantity), estimated unit costs, and total cost, with the understanding
that any cost opinion or Engineer's Estimate provided by the CONSULTANT will be on the basis
of experience and judgment. The estimate shall be prepared using standard unit costs and
lump sum prices based on available CITY bids and/or WSDOT's available UBA (unit bid
analysis) information here: hftps://wsdot.wa.ciov/biz/coi
Assumption(s):
The project will be constructed in 2022. The estimate will include contingencies for 30%
design level and adjustments to overall cost to reflect 2022 construction.
The CITY will provide bid tabs from recent CITY transportation projects.
5.3 Roadway Design
5.3.1 Typical Roadway Sections
The CONSULTANT will prepare preliminary typical roadway section plans not to scale (NTS) for
Argent Road and for Road 36. The sections will denote roadway component depths, widths,
sidewalks, curbs, typical illumination locations and landscape areas.
5.3.2 Plan and Profile
The CONSULTANT will prepare plan and profile drawings showing the horizontal alignment and
vertical profile for the project. Maximum superelevation rates will be noted on the drawings
where applicable utilizing superelevation diagrams. Preliminary plan and profile sheets will be
produced for Argent Road and Road 36.
The plans will show dimensions for roadway outlines and sidewalks. The plans will also show
curb returns, tapers, intersection layouts, and proposed driveway accesses, which are typically
shown at the preliminary phase. A preliminary layout of property impact limits will be developed
and shown in the form of cut/fill lines. Detailed intersection and curb ramp grading will not be
shown at the 30% design level.
5.3.3 Pavement Marking
The CONSULTANT will prepare pavement marking plans for the project. The plans will show
dimensions for lanes, crosswalks, stop bars, pavement marking symbols and tapers and meet
the requirements of the MUTCD and CITY standards.
5.3.4 Drainage
The CONSULTANT will complete preliminary drainage calculations to size and locate the
stormwater management BMPs based on the 30% design configuration. Preliminary drainage
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plans will be provided to coordinate with all disciplines and verify the PROJECT footprint and
limits.
Assumptions:
• Lane configurations will be verified in the traffic analysis completed in Task 4.
• The typical section will generally match the Phase 1 project configuration with
modifications as needed. Alternative analysis iterations will not be provided.
• One roadway design section and intersection configuration will be identified and carried
forward in 30% design.
• A drainage report will not be provided at 30% design.
Deliverables:
• See Section 5.7.
5.4 Traffic Design
This task involves the preliminary planning of traffic signal modifications including confirmation
with the CITY of design standards to be used with a signal modification design memo, Plans
and Engineer's estimates of traffic signal modifications and street illumination up to 30% design.
The CONSULTANT will meet with the CITY to determine the desired system requirements and
to identify the major system components, significant conflicts, and challenges (if any), and other
items that have the potential to significantly affect construction costs.
5.4.1 Inventory Signal Equipment
No existing traffic signal to inventory.
5.4.2 Signal Design (Road 36 Traffic Signal Alternative Selected)
The CONSULTANT will design, calculate, and document signal system design at one
intersection. Traffic signal design as part of the 30% design package will include:
• Pole locations
• Mast arm lengths and vehicle indicator head locations
• Vehicle and non -motorized detection type
• Emergency vehicle preemption type
• Traffic signal interconnect
• ADA push button requirements and placements
5.4.3 Roundabout Design (Road 36 Roundabout Alternative Selected)
The CONSULTANT will design, calculate, and document roundabout geometric design at the
intersection of Road 36 at Argent Road. The CONSULTANT will use the New York method and
follow the NCHRP 672 guidance. Roundabout design as part of the 30% design package will
include:
• Speed curve exhibits and fastest path speed calculations;
• Design vehicle (truck) path exhibits;
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• Sight distance exhibits;
• Intersection footprint plan sheet;
• Roundabout design summary memo.
5.4.4 Illumination Design
The CONSULTANT will prepare preliminary illumination design plans as part of the 30% design
package. The street lighting design will meet the Illuminating Engineers Society (IES) standards
for a principal arterial roadway.
Illumination design will be based on the width of the roadway and the potential for placing
luminaires on the outside of the roadway along the corridor segment. CONSULTANT will work
with the CITY to determine the general layout, configuration, and type of light fixture(s) for the
roadway and pedestrian lighting to be used on this project and match previously completed
projects along the corridor used in Phase 1 for consistency. CONSULTANT will model
photometrics that match the chosen fixture using AGi32 software. LED lighting will be used.
The CONSULTANT will provide a preliminary lighting design that shows the spacing of
luminaires, meeting lighting requirements. The preliminary design layout will show the lane
configuration, type of luminaire configuration, spacing between luminaires, and the light level
results. Plan sheets will indicate luminaire locations. The CONSULTANT will summarize the
analysis for the CITY in an Illumination Design Memorandum.
5.4.5 Sign Design
Included in a separate agreement.
Assumptions:
• The entire PROJECT will be illuminated based on the lighting analysis. All proposed
lighting will be new equipment.
• Roundabout geometric design will be based on NCHRP Report 672.
• Roundabout design and materials will be based on WSDOT Design Manual Chapter
1320.
• Illumination voltage drop calculations will be prepared at the 60% design.
Deliverables:
• See Section 5.7.
5.5 Landscaping Design
Based on the landscaping alternatives developed as part of the Phase 1 design, as well as
CITY and public feedback, CONSULTANT will further develop the preferred design to a 30%
design level including details, and exact locations for landscaping elements to be implemented
along the corridor.
Assumption(s):
Landscaping will be irrigated sod lawn with street trees.
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0`� City of Pasco I Argent Road Improvements (Phase 2)
+1 Scope of Services - May 28, 2021
• Irrigation will be required, but detailed irrigation plans will not be developed at 30%
• If a roundabout is the selected intersection type at Road 36, the central island will not be
irrigated. It will either be paved with decorative concrete or landscaped with native
vegetation and hardscaping.
Deliverables:
• See Section 5.7.
5.6 Utility Notification and Relocation Coordination
The CONSULTANT will develop a utility corridor plan showing the location of the existing
utilities within the roadway corridor. The utility corridor plan will identify potential utility conflict
locations for additional coordination. The CONSULTANT will coordinate with affected utilities to
identify type, size and location of future utilities and needed accommodations. The
CONSULTANT will work with the franchise utilities to locate their proposed facilities but will not
design their relocation. Franchise utility design will be completed by the franchises and not by
the CONSULTANT. The CITY utilities will generally be preserved and protected with minor
adjustments and relocations if needed due to conflicts. No major CITY utility upgrades or
replacements are included in the PROJECT.
Utility Purveyors:
Non -CITY Utilities may include:
• Franklin County Irrigation District (FCID)
• Cascade Natural Gas
• Franklin PUD —Power and Illumination
• Comcast — Cable TV / Fiber Optics
• CenturyLink (Lumen) — Telephone Communications/Fiber Optic
• Frontier — Telephone Communications/Fiber Optic
• WSDOT — Traffic and Illumination Conduit / Fiber (Included under separate task)
CITY Utilities Include:
• Water Main
• Sanitary Sewer
• Storm Water (Included under separate task)
• Traffic and Illumination Conduit / Fiber (Included under separate task)
Assumptions:
• All private utilities within the corridor are allowed by franchise agreements and not within
utility easements except FCID and PUD.
• The City will be involved in all coordination efforts with franchise utilities and will provide
the CONSULTANT authority support when necessary for relocation efforts by the
franchise utilities
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` Scope of Services - May 28, 2021
The City will be responsible for sharing project funding information with the franchise
utilities if requested
If a franchise utility requests funding from the project for relocation of existing facilities,
the City will be responsible for developing and executing all agreements to
accommodate any franchise utility request in a timely manner
Deliverables:
• The CONSULTANT will provide written notification to all utilities within the project limit of
the design impacts for initial contact. The initial contact letter will inform each utility of
the project limits and provide an existing utility map exhibit identifying each of the utilities
in color. The letter will request verification from each utility for accuracy of the facilities
shown and request any buried utility depth information which may be available.
Additionally, the letters to the franchise utilities will request if relocation costs by the
franchises are expected to be reimbursed by the City, and if so, the franchises will need
to provide agreement rights identifying reimbursement cost responsibilities.
• The CONSULTANT will follow-up with each of the utilities with supplemental 30% design
plans including information for any necessary accommodations to the existing utilities
including proposed locations for any necessary relocations or adjustments.
• The CONSULTANT will provide a Utility Conflict Matrix
• The CONSULTANT will provide meeting minutes from utility meetings. It is assumed
there will be two meetings lastly two hours attended by the PM and Roadway lead.
• The CONSULTANT will provide copies of information and documents received from
utility companies.
5.7 FAA Coordination
The CONSULTANT shall prepare drawings and documents based on the 30% design to
coordinate the intersection and roadway improvements for Road 36 and Argent, which fall within
the current Runway Protection Zone (RPZ), with the FAA National Airport Planning and
Environmental Division (APP -400).
Assumption(s):
The Port of Pasco will sponsor the coordination with APP -400 for the 30%
intersection design
• Alternatives analysis will not be proposed in documents submitted to the APP -400
Deliverables:
• A description of the selected design for the intersection including a narrative
discussion and exhibits depicting the intersection design
• A 30% opinion of probable costs estimate for the intersection design
• Traffic Analysis discussion for the design practicality and feasibility which meets the
project purpose and need
• Identification of all local transportation agencies and stakeholders involved in the project
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• Analysis of the specific portions of the RPZ affected by the design, with delineation
between the central portion of the RPZ and the controlled activity areas, clearly
identifying the distance from the runway end and the runway landing threshold.
• Identification of sponsor -controlled land and land controlled by City and State within the
RPZ
• Submittal of Form 7460 and necessary supporting exhibits for the Notice of Proposed
Construction or Alteration and Notice of Actual Construction or Alteration
5.8 30% Submittal
The CONSULTANT shall prepare 30% design drawings complying with CITY and industry
standard level of detail at this stage of project development. The delivery package of the 30%
submittal shall include the Plans, Engineer's Estimate, Design Memorandums for each
discipline where noted documenting the design decisions shaping the project and a preliminary
geotechnical report.
Assumption(s):
The level of effort and fee estimate for this task is based on the number of sheets for each
discipline as shown in the sheet list provided. The sheet list was prepared based on
CONSULTANT's current knowledge of the project scope and anticipated work elements.
The CONSULTANT shall consult with the CITY prior to developing any sheets if the actual
number of required sheets varies from the original sheet count estimate. If the CITY and the
CONSULTANT concur that total number of sheets required to detail the project exceeds the
original estimate, the budget for this task may be amended.
Deliverable(s):
• Survey and Existing Data Collection (Included under separate task)
• 30% Plans
• Roadway Design Criteria Memorandum
• Engineer's 30% Engineer's Estimate
• Draft Geotechnical Report (Included under separate task)
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0� City of Pasco I Argent Road Improvements (Phase 2)
Scope of Services - May 28, 2021
5.8.1 30% Plan Sheet List
Project Sheet List Estimate I Phase 2
Cover Sheet with Vicinity Map and Index _
1
Legend, General Notes, Abbreviations, and Project Key map
1
Roadway Typical Sections
'I
Plan and Profile Plans
3
TESC Notes
--
Temporary Erosion & Sedimentation Control (TESC) and Site Preparation
--
Plans
TESC Details
--
Paving Details
--
Intersection & Curb Ramp Grading Details
--
Driveway Plan and Profile Plans
--
Roundabout Plan and Island Details
Roundabout Control Profiles
--
Drainage Plans
2
Drainage Profiles
--
Drainage Details
--
Pavement Marking & Signing Plans
2
Pavement Marking Details
--
Signing Schedule & Details
--
Signal & ITS Plans
Signal Details (1 Intersection)
--
Illumination Schedule & Details
--
Illumination Plans
2
ITS Details
--
Landscaping and Irrigation Plans
2
Landscaping Details
--
Irrigation Details
--
Utility Plans (Not included)
--
Utility Details (Not included)
--
Staging and Traffic Control Sequencing Notes
1
and nd Traffic Control Plans (Assume 2 stages)
--
Total # Sheets
17
"The 30% Plan will be either a roundabout or traffic signal depending on the results of the Traffic Analysis in Task 4
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L�� City of Pasco i Argent Road Improvements (Phase 2)
rScope of Services - May 28, 2021
Task 6. Environmental Documentation &
Permitting
The purpose of this task is to engage the regulatory agencies, conduct fieldwork, and prepare
documentation..
6.1 Environmental Kick-off Meeting and Site Visit.
Not included.
6.2 SEPA Checklist Preparation
Not included.
6.3 Supplemental Memo to NEPA CatEx
Not included.
6.4 Revise NEPA CE (Contingency)
If there are substantial changes to the project description so that a new CE approval is
warranted, the CONSULTANT will use the latest LAG NEPA CE form and procedures. For the
purpose of this scope, it is assumed that some of the original information may be reused;
however, the database searches would need to be redone and impacts to several resources
reevaluated. This effort may include:
• Section 4(f) de-minimis documentation and coordination related to the Pasco Golfland
impacts
• FAA/airport notice and coordination related to right of way and land release.
• Additional consultation with WSDOT HQ regarding the APE and effect determinations.
Assumption(s):
• The environmental phase will be limited to 4 months after the Environmental portion of the
PROJECT begins.
• The scope will not include an individual or programmatic Section 4(f) evaluation, Biological
Assessment, Wetland Delineation, Critical Areas review or permitting, revision to the noise
analysis, cultural resource survey or addendum to the original survey, Hazardous Materials
memo/report, FAA NEPA documentation or other reports not described. If additional
reports or addenda are required, they will be considered extra work and require a
supplement. There will be up to 1 draft and 1 final CE.
• Rights -of -entry (ROE) to private properties shall be in writing prior to any initiation of field
efforts.
• Changes to the project description and/or project area may necessitate modifications to this
scope of services; such changes will be considered as Extra Work.
• No wetland, stream, critical area, or archaeological monitoring will be required; if necessary,
this will be considered as Extra Work.
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Deliverable(s):
Draft and Final Revised CE (contingency)
TASK 7. Final Design - PS&E (FUTURE)
To be included in future contract amendment after the intersection configuration is determined in
Task 4.
Task 8. Real Estate Services (RES)
The following scope of work details the necessary effort to acquire right-of-way for the
PROJECT. The CONSULTANT will accomplish this task unless specified otherwise.
General Assumptions:
This scope encompasses services to complete right of way (R/W) acquisition for the PROJECT.
It is anticipated that the following elements of these services will be completed within a period of
nine (9) months. Scope of services herein are based on the following:
• Acquisition will be required on three (3) parcels, with a total of one OWNER. One (1)
parcel will require acquisition and appraisal services. The remaining two (2) parcels will
require acquisition only.
• Ongoing management and administration of the RM process.
• The CONSULTANT shall coordinate with the CITY, as necessary, and in accordance
with the Federal Uniform Relocation Assistance and Real Property Acquisitions Policies
Act (URA), WSDOT Local Agency Guidelines (LAG) Manual, applicable State and local
laws, and CITY administrative rules, to facilitate the acquisition of identified properties.
• CITY will facilitate all communication with the CITY, the CONSULTANT and the WSDOT
Local Agency Coordinator in a timely manner throughout the R/W process.
• CITY shall provide the CONSULTANT with available PROJECT information such as, but
not limited to, the CITY's State approved RAIV and limited access procedures, approved
environmental documentation, and any pre -approved CITY R/W forms, including legal
documents.
• The CONSULTANT and CITY agree to maintain clear lines of communication,
determine, and document the appropriate decision-making process to achieve
PROJECT goals and to provide open access to available data that is pertinent to the
PROJECT.
• All deliverables will be produced in accordance with the approved quality control/quality
assurance (QC/QA) process established by the CITY and the CONSULTANT team.
• All deliverables prepared by the CONSULTANT shall be provided to the CITY — one
electronic version and one hard copy.
• Additional appraisal services, relocation services and condemnation assistance services
are not anticipated and not included. If necessary, this would be negotiated Extra Work.
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8.1 Real Estate Services Management
The CONSULTANT will also perform management and administration for the following real
estate services tasks as follows:
• Prepare and provide a landowner list and R/W schedule for the overall PROJECT.
• Prepare and provide monthly R/W PROJECT status report to include acquisition
milestones upon commencement of appraisal process.
• Manage the CONSULTANT's subconsultants.
• Provide QA/QC Services.
CITY Responsibilities:
Review and approve landowner contact list and RNV schedule.
Review monthly status reports and provide comments as needed.
Assumptions:
• Up to two (2) CONSULTANT Real Estate Services (RES) staff will attend the RNV kick
off meeting. Staff commitment is estimated at one hour per staff.
• Up to one (1) CONSULTANT RES staff will attend up to nine (9) recurring monthly CITY
meetings. Staff time commitment is estimated at one hour per staff and per meeting for
preparation, participation in the meeting, and notes.
• Up to two (2) CONSULTANT RES staff will attend up to nine (9) recurring monthly
internal meetings. Staff time commitment is estimated at one hour per staff and per
meeting for preparation, participation in the meeting, and notes.
• All CITY update meetings are anticipated to be held virtually
• The CONSULTANT shall distribute status reports at least one business day in advance
of meetings.
• The CONSULTANT shall prepare the R/W schedule within seven days of Notice to
Proceed and update up to an additional three (3) times as needed.
Deliverables:
• RNV Schedule and up to three (3) updates
• One (1) Landowner Contact List
• Up to nine (9) RNV Project Status Reports
8.2 Property Descriptions and Valuations
CONSULTANT will review RNV plans, survey exhibits, legal descriptions and manage the
preparation and delivery of RNV valuation services for up to one (1) acquisition. CONSULTANT
will perform the following work:
• Coordinate with the CITY to facilitate RNV Plan Set approval from WSDOT local agency
coordinator.
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• Review and quality control (QA/QC) legal descriptions and exhibits prepared by surveyor
for the transfer of the property rights needed for construction including fee acquisition,
permanent easements and/or temporary easements for use by the R/W team.
• Provide the RNV Funding Estimate (RIFE) and up to one (1) update for the parcel
impacted. Prepare an appraisal schedule for preparation of the RIFE and delivery of
appraisal, appraisal reviews and/or AOS reports.
• Assemble all needed appraisal data and appraisal scope for the assigned parcel.
• Send out landowner contact letters to the affected parcel in advance of the appraisals,
where needed.
• Agents will attend appraisal inspections, where possible.
• Manage delivery of appraisals, appraisal reviews, AOS reports and QA/QC checklist for
appraisal report services.
CITY Responsibilities:
• Review and approve appraisal schedule.
• Review and approve the RIFE.
• Approve Just Compensation via signed Determinations of Value for up to one (1) parcel.
• Approve Donation Form and/or approval of donation clause within conveyance
document.
Assumptions:
• CONSULTANT will provide up to one (1) redline reviews the RNV Plan set and one
redline review of each of the three (3) parcel legal descriptions and exhibits produced by
the surveyor.
CONSULTANT will manage their appraisal staff to develop the most expeditious
schedule for delivery of all valuation deliverables.
CITY shall provide all information to CONSULTANT that is required to complete the
assigned appraisal. It is anticipated there will be a total of one (1) parcel valuation
impacting one (1) properties.
o All valuation services will be performed by a WSDOT certified independent
appraiser to WSDOT LAG manual standards.
o Appraisals may include more than one property per report, depending on the
area of the Larger Parcel, as determined by the appraiser.
o Appraisals will be before and after short form narrative appraisal reports or in
AOS report form where appropriate as determined by the appraiser with
coordination with the CONSULTANT. It is anticipated that there will be up to one
(1) complex appraisal report. If the RIFE identifies additional parcels to be
appraised, or a change in the number of complex, non-complex or AOS reports,
the cost for the appraisals will be adjusted accordingly.
o Any additional complex appraisals, non-complex appraisals or AOS reports not
anticipated in this scope will result in additional costs to the CITY.
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FN City of Pasco i Argent Road Improvements (Phase 2)
Scope of Services - May 28, 2021
o NTP for the appraiser will be the date of receipt of 60% Right -of -Way Plans;
completed exhibits; legal descriptions; title information; and landowner contact
information. The anticipated delivery schedule for the appraisal and/or AOS
reports is 45-60 days from the date of NTP.
NTP for the review appraiser will be upon delivery of the appraisal reports. Anticipated
delivery time is 30 days from NTP. Two (2) parcel acquisitions have been identified for
donation via recorded Interlocal Agreement between the Port and the CITY.
o The CITY will provide the CONSULTANT a copy of the written acknowledgment
signed by the Port wherein the CITY has notified the Port in writing of their right
to receive just compensation and the OWNER has released the CITY from its
obligation to have the property appraised. A copy of this document signed by the
property owner informing them of their rights will be included in the completed file
transferred to the CITY.
o The WSDOT LAC has reviewed and preapproved the donation of the two (2)
donated parcels via the Recorded Interlocal Agreement and/or signed
acknowledgment letter and waived the requirement for valuation of just
compensation.
o All OWNERS of the donated that portion of their property have waived their right
to valuation and the determination of just compensation as referenced in the
Interlocal Agreement.
Deliverables:
• Up to one (1) reviewed R/W Plan Set.
• Up to one (1) reviewed legal descriptions and one (1) reviewed exhibits for three (3)
impacted parcels.
• One (1) RFE and One (1) update.
• One (1) Appraisal Schedule.
• Up to one (1) Appraisal Report, appraisal review or AOS report.
• Up to three (3) Landowner Contact Letters
8.3 Acquisition and Negotiation Services
CONSULTANT will prepare offer packages, present offers, negotiate purchases, prepare
administrative settlement memos, and prepare executed documents for CITY approval and
processing for a maximum of three (3) parcels impacting three (3) properties. Services include:
• Prepare and maintain electronic and hard copy parcel files.
• Review title reports provided by the surveyor, order title report updates (if older than 6
months) and prepare encumbrance reports for up to three (3) parcels
• Prepare and provide all documents required for the assigned parcels including Offer
Letters, Deeds, Easements, Donation forms (if applicable), W9s, Real Property
Vouchers, Real Estate Tax Affidavits, Encumbrance Reports, and Negotiator Diaries.
• Act as the agent for the CITY in all negotiations.
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City of Pasco I Argent Road Improvements (Phase 2)
MScope of Services - May 28, 2021
• Prepare administrative settlement memos and/or Possession and Use (P&U) packages
for up to one (1) parcel as needed.
• Provide justification in negotiators diaries for any settlement above the approved Just
Compensation for approval by the CITY.
• Process all landowner payments/donations through the CITY.
• Transmit completed parcel files to the CITY at the completion of negotiations.
CITY Responsibilities:
• Provide CONSULTANT with a copy of WSDOT approved ROW acquisition procedures
(dated within the last three years).
• Approve all real estate documents prepared by the CONSULTANT using the most
current WSDOT Local Agency Forms that are consistent with CITY acquisition practices.
• Approve offer packages prior to delivery to the OWNERS.
• Provide written approval for all administrative settlements agreed to by the CITY.
• Approve all landowner payments/donations and approve all encumbrances to be cleared
or accepted.
• Make prompt payment to the owner or Escrow Company for all approved acquisitions.
• Manage escrow or in-house closings for all acquisitions.
• Review and approve all transmitted files and documents prepared by the CONSULTANT
for all required WSDOT R/W precertification and certification reviews.
Assumptions:
• CONSULTANT shall follow the Uniform Relocation Act, WSDOT Local Agency
Guidelines (LAG) manual, all applicable State and Local laws and CITY administrative
rules for RNV acquisition for all real estate services provided for this project.
• City will provide the CONSULTANT with available project information such as but not
limited to the CITY's WSDOT approved RNV procedures.
• For Real Estate Services, the CONSULTANT's title review responsibilities shall be
limited to identifying the correct vesting from the title report and inputting that information
into the appropriate acquisition documents.
• CONSULTANT will provide an encumbrance report for review by the CITY.
• CONSULTANT shall make the initial offer to purchase in person if possible, or by
certified mail. During the COVID-19 period, CONSULTANT will also send offers via
email or regular mail in addition to certified mail.
• If in-person meetings are requested by the property owner, CONSULTANT will follow
COVID-19 safety protocols as outlined in CONSULTANT'S project safety plan.
• CONSULTANT shall provide a maximum of four (4) good faith attempts at negotiations
for each parcel assigned, with those attempts being defined as an in-person visit with
landowner (physical or virtual), a detailed phone conversation, or a substantive
correspondence or email exchange.
• CONSULTANT's acquisition duties shall be deemed complete if any of the following
occur:
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o A negotiated settlement approved by the CITY is reached and the necessary
closing documents are executed.
o A new appraisal or offer is required.
o The offer to purchase is rescinded.
o A P&U is secured and the acquisition file is transmitted to CITY.
o A negotiated settlement cannot be reached after the four good faith attempts.
• If negotiations cannot be concluded within ninety (90) days of the offer date on any given
parcel or if an appraisal is requested by a landowner of any AOS parcel then the hours
to complete those parcels will be renegotiated and adjusted accordingly.
• The CITY shall close the parcels in-house or contract directly with the escrow company
for closing if necessary. The escrow company will be responsible for the preparation
and receipt of all signatures required for partial re -conveyance, satisfaction of all liens
and encumbrances for each acquisition where applicable.
Deliverables:
• Up to three (3) Offer packages with completed acquisition documents for closing by the
CITY.
• Up to one (1) Administrative Settlement Memos.
• Up to one (1) P&U Agreements.
• Up to three (3) files recommended for Condemnation Proceedings.
8.4 Certification
The CONSULTANT shall prepare all files for certification to the standards of the WSDOT LAG
manual and prepare a certification memo for CITY.
CONSULTANT Services:
• Prepare acquisition files and documents for pre-acquisition review by WSDOT.
• Attend the WSDOT pre-acquisition review meeting.
• Prepare Post -Acquisition Files for Certification.
• Prepare Draft Certification Memo.
• Participate in Local Public Agency (LPA) Certification Reviews.
CITY Responsibilities:
• CITY shall supply all RNV documentation needed for parcel files to CONSULTANT in
advance of all WSDOT reviews.
• Review files prior to pre- and post -acquisition certification WSDOT review.
• Review and approve draft certification memo.
• Transmit final certification memo(s) to Highways and Local Programs
Assumptions:
A maximum of three (3) acquisition files shall be prepared for certification.
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01City of Pasco I Argent Road Improvements (Phase 2)
Scope of Services - May 28, 2021
• There will be a maximum of one draft certification memo prepared by the
CONSULTANT.
• There will be a maximum of one pre -certification review meeting and up to one final
certification review meeting for a maximum of one (1) hour duration each and will be
attended by up to one (1) CONSULTANT staff.
Task 9. Bidding Phase Assistance (FUTURE)
To be included in future contract amendment after the intersection configuration is determined in
Task 4.
Task 10. Public Involvement Program
The purpose of this task is to provide graphic materials to support CITY's public outreach and
coordination efforts and to represent the CITY at stakeholder briefings.
10.1 Project Exhibits
Activities:
• The CONSULTANT shall prepare up to three display graphics for project presentations.
Assumptions:
• The display graphics will include CITY and STAKEHOLDER logo's and project identifiers
and will make use of existing project linework, graphics and maps.
• No hard copy prints, or presentation boards will be created. All display graphics will be
electronic, full color PDF files or images embedded in a PowerPoint Presentation.
Deliverables:
• Electronic display graphics
10.2 Stakeholder and Council Briefings
Activities:
• The CONSULTANT shall prepare presentation materials and talking points for a
PROJECT briefing to CITY identified stakeholders or at Public Meetings.
• The CONSULTANT shall present materials on behalf of the CITY to CITY identified
stakeholders or the Public at one event.
Assumptions:
• The briefing materials will make use of existing project graphics and maps, or from
material developed by the design team.
• One presentation is anticipated, lastly 2 hours, plus travel.
• The CONSULTANT Project Manager will attend the public events.
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L1
` Scope of Services - May 28, 2021
Deliverables:
• PowerPoint presentation of up to 10 slides and bulleted speaking points that align with
the presentation slides.
Task 11. Management Reserve Fund
A Management Reserve Fund (MRF) will be created in accordance with LAG Manual to account
for any unanticipated needs outside of the above listed Scope of Services. This fund can only
be utilized with advance written authorization by the CITY.
Task 12. Construction Support Services
(FUTURE)
To be included in future contract amendment as needed.
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KN
Exhibit B
DBE Participation
A zero percent UDBE goal was established by WSDOT on September 14th, 2020.
Agreement Number: 21-035
Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
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
The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of
Work.
B. Roadway Design Files
The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of
Work.
C. Computer Aided Drafting Files
The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of
Work.
Agreement Number: 21-035
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 4
D. Specify the Agency's Right to Review Product with the Consultant
CITY will provide review comments on all milestone deliverables, as identified in Exhibit A, Scope of
Work.
E. Specify the Electronic Deliverables to Be Provided to the Agency
The deliverables to be provided for this project are identified in Exhibit A, Scope of Work.
F. Specify What Agency Furnished Services and Information Is to Be Provided
The CITY furnished services to be provided for this project are identified in Exhibit A, Scope of Work.
Agreement Number: 21-035
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 2 of 4
II. Any Other Electronic Files to Be Provided
The deliverables to be provided for this project are identified in Exhibit A, Scope of Work.
III. Methods to Electronically Exchange Data
USB flash drive, email, OneDrive links, or ProjectWise server.
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 3 of 4
A. Agency Software Suite
The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of
Work.
B. Electronic Messaging System
Email
C. File Transfers Format
The electronic format and standards to be provided for this project are identified in Exhibit A, Scope of
Work.
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 4 of 4
See Attached.
Exhibit D
Prime Consultant Cost Computations
Agreement Number: 21-035
Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/09/2021 Page 1 of 1
Admbk
Washington State
Department of Transportation
June 1, 2020
HDR Engineering Services
1917 S 67h Street
Omaha, NE 68106
Subject: Acceptance FYE 2019 ICR — Cognizant Review
Dear Joe Cox:
Development Division
Contract Services Office
PO Box 47408
Olympia, WA 98504-7408
7345 Underson Way SW
Tumwater, WA 98501-6504
TTY: 1-800-833-6388
www.wsdot.wa.gov
We have accepted your firms FYE 2019 Indirect Cost Rate (ICR) based on the
"Cognizant Review" from the Nebraska Department of Transportation as follows:
• Contracts in effect prior to June 24, 2014: 152.57% of direct labor
(rate includes 0.57% Facilities Capital Cost of Money)
• Contracts awarded on or after June 24, 2014: 151.38% of direct labor
(rate includes 0.57% Facilities Capital Cost of Money)
This rate will be applicable for WSDOT Agreements and Local Agency Contracts in
Washington only. This rate may be subject to additional review if considered necessary
by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
Any other entity contracting with your firm is responsible for determining the
acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates(d-'wsdot.waxo .
Regards;
ERIK K. JONSON
Contract Services Manager
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Exhibit E
Sub -consultant Cost Computations
If no sub -consultant participation at this time. The CONSULTANT shall not sub -contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub -Contracting" of this AGREEMENT.
See Attached.
Exhibit "E-1 ": AHBL, Inc.
Exhibit "E-2": Anderson Environmental
Agreement Number: 21-035
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1
AdElk
� Washington State
w// Department of Transportation
January 6, 2021
AHBL, Inc.
2215 N 30th St Ste 300
Tacoma, WA 98403
Development Division
Contract Services Office
FO Box 47408
Olympia, WA 98504-7408
7345 Underson Way SW
Tumwater, WA 98501-6504
T1Y:1-800-833-6388
www.wsdot.wa.gov
Subject: Acceptance FYE 2019 ICR — Risk Assessment Review
Dear Joyce Bell:
Based on Washington State Department of Transportation's (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2019 ICR of 177.54%. This rate will be applicable to Local Agency Contracts in
Washington only. This rate may be subject to additional review if considered necessary
by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consuttantratest�a, ,wsdot.wa.-aov.
Regards;
ERIK K. JONSON
Contract Services Manager
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Washington state
�. Department of Transportation
July 10, 2020
Anderson Environmental Consulting, LLC
14234 North Tormey Road
Nine Mile Falls, WA 99026
Development Division
Contract Services Office
PO Box 47408
Olympia, WA 98504-7408
7345 Underson Way SW
Tumwater, WA 98501-6504
TTY: 1-800-833-6388
www.wsdot.wa.gov
Subject: Acceptance FYE 2019 ICR — Risk Assessment Review
Dear Michelle Anderson:
Based on Washington State Department of Transportation's (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2019 ICR of 111.80% (rate includes 0.52% Facilities Capital Cost of Money). This
rate will be applicable to Local Agency Contracts in Washington only. This rate may be
subject to additional review if considered necessary by WSDOT. Your ICR must be
updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantratesOysdot.wa.gov_.
Regards;
ERIK K. JONSON
Contract Services Manager
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CONSULTANT (or subconsultant) NAME AEC LLC
PROJECT NAME Argent Road Improvement -Phase 2
PROJECT NUMBER
A. SUMMARY ESTIMATED MAN -DAY COSTS
B. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD
Total Raw Labor Cost Approved Overhead Rate
$ 2,325.18 X 111.28% _ $2,587.46
C. NET FEE
Total Raw Labor Cost NET FEE*"
$2,325.18 X 30% _ $697.55
D. FCCM
Total Raw Labor Cost Approved FCCM Rate
$ 2,325.18 X 0.52% $12.09
TOTAL LABOR $ 5,622.29
E. OUT-OF-POCKET EXPENSE SUMMARY
Estimated
Raw Labor
Estimated Amount
Man -Days
Man -Hours
HrIv Rate
1 * MILEAGE (miles)
Cost
1 SR. BIOLOGIST
3.25
= 26
@
$67.43 =
$
1,753.18
2 BIOLOGICAL TECH/GIS
2.75
= 22
@
$26.00 =
$
572.00
4 ARCHAEOLOGIST
0
= 0
@
$30.00 =
$
-
5
0
=
@
$0.00 =
$
-
6
@
= 0
@
$0.00 =
$
-
7 etc
$
=
A
_
TOTAL ESTIMATED EXPENSE _
$
179.20
TOTAL RAW LABOR COST =
$
2,325.18
B. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD
Total Raw Labor Cost Approved Overhead Rate
$ 2,325.18 X 111.28% _ $2,587.46
C. NET FEE
Total Raw Labor Cost NET FEE*"
$2,325.18 X 30% _ $697.55
D. FCCM
Total Raw Labor Cost Approved FCCM Rate
$ 2,325.18 X 0.52% $12.09
TOTAL LABOR $ 5,622.29
E. OUT-OF-POCKET EXPENSE SUMMARY
F. SUBCONSULTANTS
1
2
* As per the "FEDERAL PER DIEM RATES"
'* See attached Subconsultant's Summary
* * Negotiated % Fee
PAGE 1
TOTAL = $5,801.49
Estimated
Estimated Amount
Unit Cost
Expense
1 * MILEAGE (miles)
320 @
$
0.560 =
$
179.20
2 DOCUMENT FORMATTING/1
@
$
200.00 =
$
-
3 Lodging
@
$
96.00 =
$
-
4 " M&IE First and last (Days)
@
$
41.25 =
$
-
5 RECORD SEARCH/RESEAI
@
$
60.00
$
-
5 IFWIS/Research FE
@
$
200.00
$
-
6 Mailings_
: i
$
25.00
$
-
TOTAL ESTIMATED EXPENSE _
$
179.20
F. SUBCONSULTANTS
1
2
* As per the "FEDERAL PER DIEM RATES"
'* See attached Subconsultant's Summary
* * Negotiated % Fee
PAGE 1
TOTAL = $5,801.49
CONSULTANT NAME Anderson Environmental Consulting LLC
PROJECT NAME Argent Road Improvement -Phase 2
PROJECT NUMBER
* The undersigned hereby certifies the above labor rates are true and correct rates paid to the employees as of (date).
SIGNATURE DATE
MICHELLE ANDERSON, PRESIDENT
* Based on 2,080 hr/year if salaried employee.
** Capped hourly rate.
Sr. Biologist
I Biological Tech/GIS
Noise Analyst
rchaeologist/Plann
rchitectural Histori
CLERICAL
EMPLOYEE CERT.
% of
% of
% of
% of
% of
% of
NAME WAGE
Cat. Adj.
Cat.
Adj.
Cat. Adj.
Cat. Adj.
Cat. Adj.
Cat. Adj.
RATE
Time Wag e
Time
Wa e
Time Wa e
Time Wag a
Time Wa4e
Time Wage
Michelle Anderson $ 67.43
100% $67.43
$0.00
$0.00
$0.00$0.00
$0.00
Jacob Taylor $ 26.00
$0.00
100%
$24.00
$0.00
WOO
$0.00
$0.00
Jennifer Allen $ 30.00
$0.00
$0.00
100% $30.00
$0.00
$0.00
$0.00
$0.00
$0.00
WOO
100% $0.00
$0.00
$0.00
$0.00
100% $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$O.OD
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
HOURLY RATE
$6743
$26.00
$0.00
$30.00
$0.00
$0.00
* The undersigned hereby certifies the above labor rates are true and correct rates paid to the employees as of (date).
SIGNATURE DATE
MICHELLE ANDERSON, PRESIDENT
* Based on 2,080 hr/year if salaried employee.
** Capped hourly rate.
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Exhibit F - Title V! Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Local Agency A&E Professional Services Cost
Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
21-035
Agreement Number
Exhibit F - Title Vl Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Revised 02/01/2021
Agreement Number
21-035
Exhibit G
Certification Documents
Exhibit G -1(a)
Certification of Consultant
Exhibit G -1(b)
Certification of City of Pasco
Exhibit G-2
Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4
Certificate of Current Cost or Pricing Data
Agreement Number: 21-035
Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02109/2021 Page 1 of 1
Exhibit G -1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
HDR Engineering, Inc.
whose address is
929 108th Ave NE, Suite 1300, Bellevue, WA 98004
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, WA
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.
HDR Engineering, Inc.
Consultant (Firm Name)
Signature (Authorized Official of Consultant)
6/1/2021
Date
Agreement Number: 21-035
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021
Exhibit G -1(b) Certification of City of Pasco
I hereby certify that I am the:
0 City Manager
❑ Other
of the City of Pasco , and HDR Engineering, Inc.
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 Washington State Department of Transportation
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: 21-035
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021
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.
HDR Engineering, Inc.
Consultant (Firm Name)
6/l/2021
Signature (Authorized Official of Consultant) Date
Agreement Number: 21-035
Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021
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:
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, an 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.
HDR Engineering, Inc.
Consultant (Firm Name)
6/1/2021
Signature (Authorized Official of Consultant) Date
Agreement Number: 21-035
Exhibit G - Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number: 21-035
Exhibit 1- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
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: 21-035
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 2 of 2
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: 21-035
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 2
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claims)
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: 21-035
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2