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Home My WebLink AboutHDR Engineering, Inc. - Argent Road Widening Phase 3 PSA (#21-0346) (#20010) - ExecutedLocal Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: 21-036 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 (002) UBI Number Federal TIN or SSN Number 6010021437 47-0680568 Execution Date Completion Date L/V --Zf'd September 30, 2025 1099 Form Required Federal Participation ❑ Yes dNo Q Yes ❑ No Project Title Argent Road Widening, Phase 3 (#20010) Description of Work This project provides street widening with a new roadway surface, signage and striping. Curb/gutter, sidewalk and curb ramps. Utility work including stormwater facilities, irrigation, illumination, and related improvements. WSDOT Agreement No. LA -9552 City Project No. 20010 ❑ Yes Q No DBE Participation Total Amount Authorized: $287,621.83 ❑ Yes Q No MBE Participation Management Reserve Fund: $3,149.37 ❑ Yes Q No WBE Participation ❑ Yes 0 No SBE Participation Maximum Amount Payable: $290,771.20 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 Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreement Number: 21-036 Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 02101/2021 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: 21-036 Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 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.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Dustin C. Wittman Name: Paul A. Ferrier Agency: City of Pasco Agency: HDR Engineering, Inc. Address: 525 N 3rd Ave Address: 929 108th Ave NE Suite 1300 City: Pasco State: WA Zip: 99301 City: Bellevue State: WA Zip: 98004 Email: wittmand@pasco-wa.gov Email: Paul.Ferrier@hdrinc.com Phone: (509) 545-3447 Phone: (425) 450 - 6200 Facsimile: (509) 543-5728 Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: 21-036 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 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 `B" 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 I fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for 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 I 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. 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: 21-036 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 0210112021 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The,Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: 21-036 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 02101/2021 D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE'S Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. Al. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: 21-036 Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 02101/2021 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) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: 21-036 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 02/01/2021 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: 21-036 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 0210112021 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: 21-036 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 02/01/2021 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: 21-036 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 02101/2021 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: 21-036 Local Agency A&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: 21-036 Local Agency A&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 parry 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: 21-036 Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 0210112021 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 &_�� Signature Signature- 6/l/2021 ignature 6/1/2021 Date � A- . -Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: 21-036 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 02/01/2021 See Attached. Exhibit A Scope of Work Project No. Agreement Number: 21-036 Exhibit A -Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 F)2 Scope of Services Argent Road Widening (Phase 3) Design, Right -of -Way and PS&E Services City of Pasco, WA May 26, 2021 City of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 TABLE OF CONTENTS INTRODUCTION..........................................................................................................................4 Background................................................................................................................................ 4 ProjectDescription.....................................................................................................................4 ProjectTeam.............................................................................................................................4 Scopeof Work...........................................................................................................................5 Major Milestone Schedule.........................................................................................................5 Quality Assurance / Quality Control...........................................................................................5 ChangeManagement................................................................................................................6 SubconsultantCoordination.......................................................................................................6 ProjectAssumptions..................................................................................................................6 GeneralAssumptions............................................................................................................. 6 Design Standards and References........................................................................................ 8 ServicesNot Required...........................................................................................................9 PROJECTTASKS........................................................................................................................9 TASK 1 PROJECT MANAGEMENT AND ADMINISTRATION ...............................................9 1.1 Project Management, Invoicing, and Controls.................................................................9 1.2 Project Team Coordination Meetings.............................................................................10 1.3 Project Schedule............................................................................................................11 TASK 2 SURVEY, MAPPING AND RIGHT OF WAY............................................................11 2.1 Research, Existing Data Compilation and Survey Control .............................................12 2.2 Field Surveying and Base Mapping...............................................................................13 2.3 Right -of -Way and Parcel Resolution, Easements, Exhibits, and Legal Descriptions ..... 14 2.4 Supplemental Surveys (FUTURE).................................................................................14 TASK 3 GEOTECHNICAL INFORMATION REVIEW............................................................15 TASK4 TRAFFIC ANALYSIS...............................................................................................15 4.1 Data Collection...............................................................................................................15 4.1.1 Traffic Counts......................................................................................................15 4.1.2 Origin -Destination Data.......................................................................................15 4.1.3 Field Observations..............................................................................................16 4.1.4 Other Data........................................................................................................... 16 4.2 Operations Analysis.......................................................................................................16 4.2.1 Software..............................................................................................................16 4.2.2 Scenarios............................................................................................................16 4.2.3 Traffic Growth Estimates..................................................................................... 16 4.2.4 Measures of Effectiveness.................................................................................. 16 4.3 Intersection Control Evaluation (ICE) Report.................................................................17 TASK5 30% DESIGN............................................................................................................17 5.1 30% Design Plans..........................................................................................................17 5.2 30% Engineer's Estimate...............................................................................................17 5.3 Roadway Design............................................................................................................18 5.3.1 Typical Roadway Sections.................................................................................. 18 5.3.2 Plan and Profile...................................................................................................18 hdrinc.com 835 N Post Street, Suite 1011 Spokane, WA 99201-2126 (509) 343-8500 F1� City of Pasco I Argent Road Widening (Phase 3) J Scope of Services - May 27, 2021 5.3.3 Pavement Marking..................................................................................... .......18 5.3.4 Drainage..............................................................................................................18 5.4 Traffic Design.................................................................................................................19 5.4.1 Inventory Signal Equipment................................................................................19 5.4.2 Signal Design (Road 36 Traffic Signal Alternative Selected)..............................19 5.4.3 Roundabout Design (Road 36 Roundabout Alternative Selected) ......................19 5.4.4 Illumination Design.............................................................................................19 5.4.5 Sign Design................................................................................................... .. 20 5.5 Landscaping Design................................................................................................. .. 20 5.6 Utility Notification and Relocation Coordination.............................................................21 5.7 FAA Coordination...........................................................................................................22 5.8 30% Submittal................................................................................................................22 5.8.1 30% Plan Sheet List............................................................................................23 TASK 6 ENVIRONMENTAL DOCUMENTATION & PERMITTING.......................................24 6.1 Environmental Kick-off Meeting and Site Visit...............................................................24 6.2 SEPA Checklist Preparation..........................................................................................24 6.3 Supplemental Memo to NEPA CatEx............................................................................24 6.4 Revise NEPA CE (Contingency)....................................................................................24 TASK7 FINAL DESIGN - PS&E............................................................................................25 7.1 General..........................................................................................................................26 7.2 Typical Roadway Sections.............................................................................................26 7.3 Temporary Erosion and Sedimentation Control (TESC) and Site Preparation ..............27 7.4 Plan and Profile Plans....................................................................................................27 7.5 Intersection Grading Plans.............................................................................................27 7.6 Driveway Plan and Profile..............................................................................................27 7.7 Paving Details................................................................................................................28 7.8 Roundabout Plan, Island Details and Control Profiles (Road 36 Roundabout Alternative Selected).................................................................................................................................. 28 7.9 Drainage System Plans, Profiles & Details....................................................................28 7.9.1 Stormwater Pollution Prevention Plan(SWPPP).................................................28 7.9.2 Drainage Design Report......................................................................................28 7.10 Pavement Marking and Signing Plans, Schedules & Details....................................30 7.11 Traffic Signal and ITS Plans and Details (Road 36 Traffic Signal Alternative Selected).................................................................................................................................. 30 7.12 Illumination Schedules, Plans and Details...............................................................30 7.13 Landscape and Irrigation Plans and Details.............................................................30 7.14 Staging and Traffic Control Plans............................................................................. 31 7.15 60% Submittal...........................................................................................................31 7.15.1 60% Plans........................................................................................................... 31 7.15.2 Final Plan Sheet List........................................................................................... 32 7.15.3 60% Specifications.......................................................................................... 33 7.15.4 60% Engineer's Estimate.................................................................................... 33 716 90% Submittal...........................................................................................................33 7.16.1 90% Plans ..................................................................................................... 33 hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 FNCity of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 7.16.2 90% Specifications.............................................................................................. 33 7.16.3 90% Engineer's Estimate.................................................................................... 33 7.17 Ad -Ready Submittal...............................................................................................33 7.17.1 Ad -Ready Plans..................................................................................................33 7.17.2 Ad -Ready Specifications........................................................... ...................... 34 7.17.3 Ad -Ready Engineer's Estimate............................................................................34 7.17.4 Construction Schedule........................................................................................ 34 TASK 8 REAL ESTATE SERVICES (RES)........................................................................... 34 8.1 Real Estate Services Management................................................................................35 8.2 Property Descriptions and Valuations............................................................................36 8.3 Acquisition and Negotiation Services.............................................................................37 8.4 Certification....................................................................................................................38 TASK 9 BIDDING PHASE ASSISTANCE.............................................................................39 TASK 10 PUBLIC INVOLVEMENT PROGRAM......................................................................40 10.1 Project Exhibits.........................................................................................................40 10.2 Stakeholder and Council Briefings............................................................................40 TASK 11 MANAGEMENT RESERVE FUND...........................................................................41 TASK 12 CONSTRUCTION SUPPORT SERVICES (FUTURE)..............................................41 hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 FYZ City of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 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 Widening (Phase 3) (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 a three-phase project as described in the Background section. Phase 1 and Phase 2 design services are not included in this Scope. Phase 3 (included in this scope of services) will provide for Argent Road improvements from Saraceno Way/Varney Lane and tie into Phase 2 improvements at Road 36 intersection. Improvements will include widening of the roadway to include additional through and turn lanes, sidewalk, stormwater facilities, illumination, and related improvements providing for continuity of Phase 1 improvements through the corridor. 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. The PROJECT will incorporate treatments to manage access points to the north and south side of Argent Road to reduce the number of potential crashes and improve the flow of through traffic. 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 hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 FNCity of Pasco I Argent Road Widening (Phase 3) r Scope of Services - May 27, 2021 • Port = Port of Pasco (Major PROJECT Stakeholder) • CBC = Columbia Basin College (Major PROJECT Stakeholder) • BFT = Ben -Franklin Transit (PROJECT Stakeholder) • 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 project management, roadway design, survey and utility notification and relocation coordination, geotechnical testing and evaluation, PS&E development, traffic engineering and analysis, temporary traffic control and staging, permitting, right of way acquisition, environmental review and documentation, public involvement, and bidding phase assistance. 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 90% Design .................................................. March 2022 ROW Acquisition Complete ....................... June 2022 Ad -Ready ..................................................... July 2022 Bidding Phase .............................................. Summer 2022 Quality Assurance I 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, hdrinc.com 835 N Post Street, Suite 1011 Spokane, WA 99201-2126 (509)343-8500 FN City of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 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 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: 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. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, wA 99201-2126 (509)343-8500 ��City of Pasco I Argent Road Widening (Phase 3) rJ Scope of Services - May 27, 2021 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: 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. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 1-NCity of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 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. 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 vww.cityofpascoplanroor 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 D 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 hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 FN City of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 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 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: • The CONSULTANT shall provide an experienced project manager to oversee, schedule and manage the work of the Project Team. • 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. • 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. • The CONSULTANT shall maintain an 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. • 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. • The CONSULTANT shall prepare a Project Management Plan (PMP) outlining the project scope, team organization, budget, schedule, and communications plan. The hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 FYZ City of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 PMP will also include the PROJECT Quality Assurance / Quality Control Plan and Project Health and Safety Plan. • The CONSULTANT shall provide monthly invoices and detailed progress report. • 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. • The CONSULTANT shall coordinate with SUBCONSULTANTs to review, negotiate, and approve agreements, invoices, and modifications in accordance with this AGREEMENT. Assumptions: • The contract duration is assumed to be from June 2021 through September 2022, or 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 12 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 12 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. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 FN�� City of Pasco I Argent Road Widening (Phase 3) rJ Scope of Services - May 27, 2021 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. • 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. 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. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 IF F1� City of Pasco I Argent Road Widening (Phase 3) J Scope of Services - May 27, 2021 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 six (6) 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. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, wA 99201-2126 (509)343-8500 if'a 1 City of Pasco I Argent Road Widening (Phase 3) rJ Scope of Services - May 27, 2021 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 major cross streets, (Saraceno Way, Morasch Lane). • 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, if One -Call is deemed insufficient, as directed by the CITY. 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 and CBC) 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. Survey control used on previous phases that the mapping matches into will be provided by CITY. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 13 FN�� City of Pasco I Argent Road Widening (Phase 3) r Scope of Services - May 27, 2021 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 7 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 4 Exhibits and Legal Descriptions in support of project ROW acquisition or new easement requirements. Assumptions: The CONSULTANT will obtain title reports for the 4 parcels that will be required. Up to 4 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. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 14 FN City of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 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 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 4.1.1 Traffic Counts The five public street intersections in the study corridor will be subject to detailed traffic analyses. To accommodate this request, the CONSULTANT will collect new a.m. and p.m. peak hour intersection turning movement counts (with heavy vehicles, bicycles, and pedestrians quantified) at the following five locations (bold = existing signal): • Argent/Road 44 • Argent/Road 36 • Argent/Morasch Lane/US-395 Ramp • Argent/Saraceno Way/Varney Lane • Argent/20th Ave 4.1.2 Origin -Destination Data Large-scale origin -destination (O -D) data will be collected for each end of the corridor. These data will be collected for a continuous 24-hour period summarized hourly and will identify the proportion of vehicles that use the entire corridor ("through traffic") in each direction. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509)343-8500 F)l City of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 4.1.3 Field Observations Field investigations of traffic movements and operations will be conducted during a typical afternoon peak hour, with attention to typical queue extents, any cycle failures, and yielding interactions between vehicles and non -motorized traffic. All data will be summarized in spreadsheet form with a short summary. 4.1.4 Other Data Signal timing data for the signalized intersections listed above will be provided to the CONSULTANT by the CITY. Basic intersection and roadway geometric data will be gathered in direct partnership with the roadway design team, and, if gaps remain afterward, measured either in the field or using publicly available online resources. Transit stop usage information will be requested from Ben -Franklin Transit, with assistance from CITY staff if necessary. Assumptions: • 24-hour traffic count data for the Argent Road corridor shall be provided by the Benton - Franklin Council of Governments. • The CITY will provide traffic signal timing information outputs from the traffic signal controllers within two (2) weeks of the initial request. Deliverables: • None 4.2 Operations Analysis 4.2.1 Software The CONSULTANT will use Synchro Version 10 software to analyze the study intersections. If roundabout analyses are required, Sidra 8 software will be utilized by the CONSULTANT to analyze the roundabout intersection. Synchro and Sidra software will be utilized to analyze each intersection and report measures of effectiveness (MOEs) as described in Section 4.2.4. 4.2.2 Scenarios The analysis will be conducted for the AM and PM peak hour data for existing and 2040 conditions. The 2040 scenario will be used to assess construction conditions and short-term needs, when capacity is limited but traffic is expected to be higher than in the existing condition. 4.2.3 Traffic Growth Estimates Future traffic growth percentage estimates will be furnished by the CITY for the 2040 horizon year. 4.2.4 Measures of Effectiveness The a.m. and p.m. peak hour traffic measures of effectiveness (MOEs) for each of the intersections will include (1) LOS and average delay at signalized intersections, (2) LOS and average delay by movement at unsignalized intersections, (3) average and 95th percentile queue lengths for the study intersections, and (4) the estimated left turn pocket lengths required to prevent spillback into the roadway through lanes. If roundabouts are analyzed, volume-to- hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509)343-8500 FN City of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 capacity (v/c) by movement will also be reported. These measures will be indicated in detailed software output reports for each intersection under each scenario and peak hour. Assumptions: • CITY will provide previous traffic studies, reports, counts and analysis for the PROJECT corridor • CITY will provide traffic signal timing data for existing signals identified in 4.1.1 • Annual traffic growth rates for horizon year 2040 Deliverable(s): • Data Collection and Operational Overview Summary Memo • Electronic Synchro and Sidra Files 4.3 Intersection Control Evaluation (ICE) Report Intersection Control Evaluation will be completed under a separate agreement. Task 5 30% Design 5.1 30% Design Plans The CONSULTANT will advance the design of the Phase 3 portion of the PROJECT. 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. 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 hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 FNCity of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 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: i- 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. 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. 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 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 hdrinc.com 835 N Post Street, Suite 101 Spokane, WA 99201-2126 (509) 343-8500 F+�� City of Pasco i Argent Road Widening (Phase 3) J Scope of Services - May 27, 2021 The typical section will generally match the Phase 1 project configuration with modifications as needed for Phase 2 and 3. 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 A complete inventory of the existing traffic signal systems at the Argent intersections with Morasch Lane and Saraceno Way will be conducted. The inventories will include: the length of mast arms and existing signal head locations, signal head configurations, vehicle detection equipment, emergency vehicle pre-emption equipment, push button and pedestrian head locations, existing phasing, existing controller and cabinet types and their ability to operate in changed configurations, and any communications equipment located within the cabinet or on the mast arm. We will also evaluate the existing conduit and wiring to determine if major reconstruction will be necessary to implement revised phasing or pole relocations. Location and condition of existing safety lighting and street lighting will be documented. ADA deficiencies will be observed and documented. 5.4.2 Signal Design Not applicable 5.4.3 Roundabout Design Not applicable 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 hdrinc.com 835 N Post Street, Suite 101 i Spokane, WA 99201-2126 (509) 343-8500 19 FYZ City of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 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 The CONSULTANT will complete an existing sign inventory in the field and summarize the results in a table. The sign inventory will note which signs are to be replaced, removed, or relocated for review by the CITY. Assumptions: • The entire PROJECT will be illuminated based on the lighting analysis, including the existing intersection with Morasch Ln/US-395. All proposed lighting will be new equipment. • The existing traffic signal at Morasch Ln/US-395 will not be modified except for operation/timing adjustments as recommended by the traffic analysis. • The existing/proposed traffic signal at Saraceno WayNarney Ln will not be modified except for operation/timing adjustments as recommended by the traffic analysis. • 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. Irrigation will be required, but detailed irrigation plans will not be developed at 30% Deliverables: • See Section 5.7. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 01City of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 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 or have prior rights 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 • 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: hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509)343-8500 007ZCity of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 • 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 four 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 Not included. 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 • Existing Sign Inventory • Roadway Design Criteria Memorandum • Engineer's 30% Engineer's Estimate • Draft Geotechnical Report (Included under separate task) hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 FYZ City of Pasco i Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 5.8.1 30% Plan Sheet List Project Sheet List Estimate Phase 3 Cover Sheet with Vicinity Map and _Index 1 Legend, General Notes, Abbreviations, and Project Key map 1 Roadway Typical Sections 1 Plan and Profile Plans 10 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 3 Drainage Profiles -- Drainage Details -- Pavement Marking & Signing Plans 5 Pavement Marking Details -- Signing Schedule & Details -- Signal & ITS Plans -- Signal Details (1 Intersection) -- Illumination Schedule & Details -- Illumination Plans 5 ITS Details -- Landscaping and Irrigation Plans 5 Landscaping Details -- Irrigation Details -- Utility Plans (Not included) -- Utility Details (Not included) -- Staging and Traffic Control Sequencing Notes 1 Staainp and Traffic Control Plans (Assume 2 stades) -- 32 Total # Sheets hdrinc.com 835 N Post Street, Suite 101 i Spokane, WA 99201-2126 (509) 343-8500 FNCity of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 Task 6 Environmental Documentation & Permitting The purpose of this task is to engage the regulatory agencies, conduct fieldwork, prepare documentation, and prepare SEPA packages. 6.1 Environmental Kick-off Meeting and Site Visit. The CONSULTANT will organize a two-hour meeting with the CITY to kick-off the environmental review portion of the work, focusing on the PROJECT history, status, and planned schedule. For the purpose of this scope the site visit will be conducted the same day as the kickoff meeting. If necessary, to accommodate other's schedules, the kick-off meeting can be separate from the site visit with the kickoff meeting being virtual with a smaller group site visit with the Environmental lead, CONSULTANT Project Manager, and CITY Project Manager. 6.2 SEPA Checklist Preparation The CONSULTANT will prepare a SEPA checklist consistent with the requirements of WAC 197-11. The draft and final will be provided to the City and the distribution and processing will be conducted by the City as the SEPA lead agency. The CONSULTANT will provide SEPA response comment support for up to 5 unique responses to public comments. 6.3 Supplemental Memo to NEPA CatEx The CONSULTANT will prepare a draft and final supplemental memo to the NEPA Categorical Exclusion (CE) in support of the project, summarizing, and evaluating any minor changes to the project since the original CE was approved. This will include reviewing the previous documentation and supporting technical reports, reviewing assumptions, and existing conditions, limited database searches and updating species lists. 6.4 Revise NEPA CE (Contingency) If necessary, NEPA CE will be completed under a separate agreement. Assumption(s): The environmental phase will be limited to 4 months after the Environmental portion of the PROJECT begins. The PROJECT will maintain coverage under the CE. All work will remain within the previously reviewed and approved Area of Potential Effect. If the PROJECT impacts are outside the scope of the original CE and cannot be covered by a supplemental memo, then Task 6.4 may be required. No additional technical reports or addenda to technical reports will be required. 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 hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509)343-8500 FN City of Pasco i Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 reports or addenda are required, they will be considered extra work and require a supplement. • The SEPA Checklist will be based on the 60% design impacts, footprint, and assumptions. If substantial changes occur after 60% design, a revised SEPA checklist may be required which will be considered as Extra Work_ • Rights -of -entry (ROE) to private properties shall be in writing prior to any initiation of field effo rts. • SEPA checklist preparation will not require separate field work, study, or analysis by the CONSULTANT. Information to prepare the checklist will be gathered from known data sources, mapping, and online research and existing documents provided by the CITY and the site visit during the kickoff meeting that was previously described. • The CITY will formally issue the SEPA determination and distribute public notice and supporting materials to the appropriate agencies and the public. • Mailing lists and postage fees will be provided by the CITY. • Public notification mailing, distribution, posting at public facilities (library, City Hall, county facilities etc.), on-site posting as required will also be handled by the CITY. • Coordination and payment for the public notice in the local newspapers will be handled by the CITY. • Scope and budget to support a SEPA appeal is not included and is considered Extra Work. • Roadway plans will be provided for use with GIS if needed. • Design year traffic data will be provided by the CITY or CONSULTANT traffic engineers. • Interim year and design year traffic volumes (or growth rates) including turning movements and signal timing data will be provided by the CITY or CONSULTANT traffic engineers. • Suitable design -level information for modeling will be provided. • An Air and Noise evaluation is not included in this scope of services. • Each document is limited to two review and revision cycles by all reviewers. • 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. Deliverable(s): Environmental Kick-off Meeting Minutes and Agenda Draft and Final SEPA Checklist Draft and Final Supplement Memo to the NEPA CE TASK 7 Final Design - PS&E The CONSULTANT shall follow the guidelines set forth in the CITY's Design Standards and WSDOT LAG manual when preparing the 60%, 90%, and Ad -Ready plans, specifications, and estimate. Assumption(s): hdrinc.com 835 N Post Street, Suite 101 i Spokane, WA 99201-2126 (509)343-8500 25 FNCity of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 • 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 CONSULTANT concur that total number of sheets required to detail the project exceeds the original estimate, the budget for this task may be amended. • Standard CITY and WSDOT details will be called out in the Plans, but not included in the detail sheets. • The CONSULTANT will prepare two separate PS&E packages for Phase 2 and Phase 3 of the project. 7.1 General The CONSULTANT will prepare the contract drawings in accordance with the CITY's design standards. Unless otherwise noted or directed by the CITY, the CONSULTANT will prepare plan view sheets at a 1"= 20' scale (full size 22"x34") and 1" = 40' scale (half size 11"x17"). The CONSULTANT will prepare a cover sheet including an index of drawings. The list of plan sheet titles in the indices will exactly match the titles as they appear on the plan sheets. The CONSULTANT will prepare a vicinity map showing the project limits. The vicinity map will include the beginning and ending of construction, stations, major cross streets, waterways, and critical areas. The CONSULTANT will prepare a sheet layout index for each scale used showing the sheet layout for the various disciplines. CONSULTANT will prepare general notes, abbreviations, and symbols sheet. The CONSULTANT will prepare a set of alignment tables and plan sheets for survey control, monumentation, and alignments. The alignment tables will list necessary curve details for both existing and proposed centerline alignments. The plan sheets will include alignment centerline, horizontal and vertical control data. 7.2 Typical Roadway Sections The CONSULTANT will further develop the typical roadway sections developed at 30% Design. It is assumed that all cross -street work will be minor and will be able to be built using plan and detail sheets only — no roadway section will be required. The typical sections cover typical work throughout sections of the project and will not include every minor change in section dimensions and features. Where there are anomalies the appropriate discipline plans will be referenced for concurrence. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509)343-8500 F1� City of Pasco i Argent Road Widening (Phase 3) J Scope of Services - May 27, 2021 7.3 Temporary Erosion and Sedimentation Control (TESC) and Site Preparation The CONSULTANT will prepare temporary erosion control details which show erosion and sedimentation controls measures to be used for this project. The TESC drawings will be prepared in accordance with the CITY requirements and by reference the requirements written in the SWMMEW and will also be included with the SWPPP. The CONSULTANT will define the site preparation and demolition activities, including items to be abandoned, salvaged, recycled, or removed, and identify facilities that need to be protected during construction. Site Prep plans will include surface feature items, such as pavements (by type), sidewalk, curbs, walls, and miscellaneous structures. Demolition required for utilities, drainage features, signing, signalization and illumination will not be included in these drawings and will be shown on the relevant discipline drawings. Cut/fill lines will be shown on the plans. 7.4 Plan and Profile Plans The CONSULTANT will further develop and detail the plan and profile plan sheets developed at 30% Design. 7.5 Intersection Grading Plans The CONSULTANT will design intersection grading to tie into the existing cross street's existing terrain. Intersection curb radii will be designed including curb radii tables with locations and elevations for PC, PT, quarter points, low points, and curvature staking information including radius, length of curve, tangent, and delta. Curb ramp grading will be performed for each curb ramp in the corridor and will be designed on curb ramp detail sheets to meet ADA requirements. It is assumed that an ADA Maximum Extent Feasible (MEF) per WSDOT standards will not be required on this PROJECT It is assumed the following intersections will have associated intersection and curb ramp grading sheets: INTERSECTION ROAD 36 MORASCH LN / US -395 FARM RD SARACENO WY/ VARNEY LN HALF/FULL # CURB GRADING RAMPS Not Included -- None (Ex. 0 Compliant) Half 2 None (Phase 1) 0 7.6 Driveway Plan and Profile The CONSULTANT will design grading to tie into the existing terrain at private properties adjacent to the corridor. This includes driveway grading, private sidewalks, and parking hdrinc.com 835 N Post Street, Suite 101 i Spokane, WA 99201-2126 (509) 343-8500 27 01City of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 modifications to match into existing properties. Relocations of private signage, features and/or mailboxes will be shown on the plan as needed. Profiles will not be necessary, enlarged detail sheets with point elevation information will be sufficient. 7.7 Paving Details The CONSULTANT will design special details for project specific, non-standard features as needed to ensure proper construction. Details will include: • BFT Bus Shelters and pads (Standard Details will be used); • Curb transition to existing curb and nosing details for median island; • Butt joint detail for locations of grind/inlay joining existing pavement; 7.8 Roundabout Plan, Island Details and Control Profiles Not included. 7.9 Drainage System Plans, Profiles & Details The CONSULTANT will prepare plans, profiles and details for the drainage design necessary for the additional impervious surface and other new surface improvements, including plan views of drainage pipes and structures, sub -surface infiltration facilities, connections to the existing stormwater systems, and nonstandard drainage details. Additional existing drainage inlets will be evaluated for relocation as necessary to accommodate the additional roadway width and runoff conveyance. These storm system layouts will include catch basin and manhole locations, and the details required to describe the stormwater facilities. These plans will include profiles for the storm drains required within the project limits. Pipe elevations on all inverts, size, length, and type as well as drainage structures will be included. Profiles of the stormwater facilities will also be included. Existing and proposed utility crossings will be depicted based on survey information. 7.9.1 Stormwater Pollution Prevention Plan (SWPPP) The CONSULTANT shall prepare a SWPPP application package to accompany the earthwork and temporary erosion control plan sheets for submittal to the CITY for review. The SWPPP will be in accordance with the CITY's Municipal Code and WA State Department of Ecology standards. The CONSULTANT will incorporate the CITY's comments, as applicable, in the Final SWPPP. The SWPPP will be prepared to level that is sufficient to support of the NPDES NO[ permit process. One SWPPP with will be prepared to cover both Phase 2 and 3. Deliverable(s): The Draft SWPPP will be submitted with the 90% design. The Final SWPPP will be submitted with the Ad -Ready design. 7.9.2 Drainage Design Report The CONSULTANT shall prepare a Drainage Design Report in accordance with the requirements of the CITY's municipal code and by reference the SWMMEW. The Drainage Design Report will document the minimum stormwater management requirements that apply to hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 FNCity of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 the project; BMP selection; calculations to support complete BMP and conveyance sizing; and a summary of long-term operations and maintenance plan components. The CONSULTANT will evaluate and select Best Management Practices (BMPs) to provide permanent stormwater management for the project in accordance with the CITY requirements. It is anticipated that stormwater infiltration will be used. BMP selection will be based on infiltration capacity, topography, the amount of space available within the right of way, life -cycle cost and aesthetic considerations, and the CITY's overall sustainability goals for the project. Hydrologic modeling will be performed using an Ecology approved hydraulic design software to size BMPs and evaluate the expected performance of each in terms of meeting Minimum Requirements from the SWMMEW, as they apply to the project. Assumption(s): • The existing drainage system located at the intersection of Morasch Lane and Argent will not be modified or impacted by the planned roadway improvements. • Between the intersections of Morasch Lane and Saraceno Way, the existing catch basin locations will be evaluated for either repositioning or abandonment in lieu of subsurface infiltration for all widened portions of the roadway. • Between the intersections of Road 36 and Morasch Lane, the existing catch basin location will be evaluated for either repositioning or abandonment in lieu of subsurface infiltration for all widened portions of the roadway and the intersection improvements. • The Draft Drainage Design prepared under this task will correspond to the 60% complete designs. • There will be only one version each of a Draft Drainage Design Report and Final Drainage Design Report. • The 60% Draft Drainage Design Report will be subject to one round of CITY review. The CITY will provide one consolidated set of comments on the draft memorandum to the CONSULTANT. The CONSULTANT will incorporate the CITY's comments, as applicable, in the Final Drainage Design Report submitted for the 90% Design Submittals. • Microsoft Excel or StormShed 3G single -event modeling software will be used. • Model calibration or validation will not be performed. • Long-term design infiltration rates from the geotechnical report will be used for modeling infiltrating BMPs. • The CITY will register any new UICs with DOE. The CONSULTANT will provide information for the CITY to complete the registration online. Deliverable(s): The Draft Drainage Design Report will be submitted with the 60% design. The Final Drainage Design Report will be submitted with the 90% design. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 FN�� City of Pasco I Argent Road Widening (Phase 3) rJ Scope of Services - May 27, 2021 7.10 Pavement Marking and Signing Plans, Schedules & Details The CONSULTANT will further develop and detail the pavement marking plan sheets developed at 30% Design and develop project details as needed. CONSULTANT will prepare signing plans that show the location of new signs and associated sign design details. Signing will conform to the current edition of the MUTCD and the CITY'S signing guidelines. 7.11 Traffic Signal and ITS Plans and Details Not included. 7.12 Illumination Schedules, Plans and Details Based on the selection of preferred illumination design from the CITY, CONSULTANT will prepare the illumination plans, and details. The CONSULTANT will submit to the CITY a set of illumination plans showing proposed locations for the new illumination, wiring diagrams, illumination base type and electrical hardware. The CONSULTANT shall prepare voltage drop calculations documenting the wire sizing needed to accommodate the anticipated electrical loading of the system. CONSULTANT will coordinate with Franklin PUD for a new electrical service connection. CITY will support CONSULTANT in any application and/or billing process needed. Illumination improvements will consist of new facilities through the project limits. All existing illumination facilities and luminaires will be removed, relocated, or upgraded at existing intersections. Assumptions: • Up to four (4) circuits are proposed to accommodate the lighting design. • Voltage drop calculations and wire sizing will adhere to IES standards. Deliverables: • Voltage drop calculation results for the preferred alternative in PDF format. • Illumination design plans and details. 7.13 Landscape and Irrigation Plans and Details The CONSULTANT will further develop the landscape plans based on the 30% design and develop irrigation plans and details based on CITY's direction and input. The objective of this task is to include landscaping elements to create a consistent corridor and to provide a buffer for pedestrians. The CONSULTANT will: Design Landscaping and Irrigation for the PROJECT using sod lawn and street trees. Provide landscaping enhancements at the BFT Bus stop locations including planting areas hdrinc.com 835 N Post Street, Suite 1011 Spokane, WA 99201-2126 (509) 343-8500 30 FN City of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 Landscape plans shall include tree placement, size and species, areas where shrubs and groundcover shall be planted, and weed barrier where applicable. Details and schedules for planting shall be included. Where focused areas of planting occur, irrigation plans shall include layouts for project required irrigation head and pipe layout, zone schedules, irrigation controller, irrigation meter location/type/size, water main tap location with backflow preventor and power source. Detail sheets will include details for items such as connections for the irrigation lines to water and power sources as well as typical median irrigation details and spacing. The CITY will own, operate and maintain the landscape and irrigation system. 7.14 Staging and Traffic Control Plans The CONSULTANT will develop basic traffic control narrative and sequencing plan for construction of roadway, intersection, utility, and stormwater improvements utilizing lane closures, limited detours, and shifts. Traffic control plans will provide sufficient information to be the basis of bid for the Contractor and will be developed to maintain traffic on Argent Road (at least one lane each direction open at all times). No detour is anticipated for Argent Road or Phase 3 improvements. 7.15 60% Submittal The CONSULTANT will use the 30% design plans and progress to the 60% design and plan level. The CONSULTANT will take into consideration the 30% design review comments from the CITY while advancing to the 60% level. 7.15.1 60% Plans The CONSULTANT will further develop the 30% plans to a 60% plan level including the sheets listed in the following table. hdrinc.com 835 N Post Street, Suite 1011 Spokane, WA 99201-2126 (509) 343-8500 MCity of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 7.15.2 Final Plan Sheet List Project Sheet List Estimate Phase 3 (Widening) Cover Sheet with Vicinity Map and Index 1 1 Legend, General Notes, Abbreviations, and Project Key map 1 1 Roadway Typical Sections 2 2 Plan and Profile Plans 9 9 TESC Notes 1 1 Temporary Erosion & Sedimentation Control (TESC) and Site 5 5 Preparation Plans TESC Details -- 2 Paving Details -- 2 Intersection & Curb Ramp Grading Details 2 2 Driveway Plan and Profile Plans -- 1 Roundabout Plan and Island Details -- -- Roundabout Control Profiles -- -- Drainage Plans 4 4 Drainage Profiles 2 2 Drainage Details -- 2 Pavement Marking & Signing Plans 5 5 Pavement Marking Details -- 1 Signing Schedule & Details 2 2 Signal & ITS Plans -- -- Signal Details (1 Intersection) -- -- Illumination Schedule & Details 2 2 Illumination Plans 5 5 ITS Details -- -- Landscaping and Irrigation Plans 5 5 Landscaping Details -- 1 Irrigation Details -- 1 Utility Plans (Not included) -- Utility Details (Not included) -- -- Staging and Traffic Control Sequencing Notes 1 1 Staging and Traffic Control Plans (Assume 2 stages) 10 10 v Total # Sheets 56 65 hdrinc.com 835 N Post Street, Suite 1011 Spokane, WA 99201-2126 (509)343-8500 01City of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 7.15.3 60% Specifications The CITY will supply the CONSULTANT with the current version of the CITY's Special Provisions. The CITY's administrative sections of the contract documents including advertisement for bids, information for bidders, and bid package information will be supplied in a Microsoft Word format. The CONSULTANT will develop a "run -list" utilizing the WSDOT APWA GSPs and supplemental project specific information. The CONSULTANT shall keep a current project "run -list" and rerun the WSDOT PS&E Work Software Program prior to each plan submittal. 7.15.4 60% Engineer's Estimate The CONSULTANT will update the 30% estimate for Phase 3. The "Bid Proposal" within the specifications shall be prepared from this information by the CONSULTANT. 7.16 90% Submittal The CONSULTANT will use the 60% design plans and progress to the 90% design and plan level. The CONSULTANT will take into consideration the 60% design review comments from the CITY while advancing to the 90% level. 7.16.1 90% Plans The CONSULTANT will further develop the 60% plans to a 90% plan level including the sheets listed in the previous table and develop final detail sheets as noted in the table. 7.16.2 90% Specifications The CONSULTANT will update the 60% specifications with any new or additional special provisions from the advancement of design and incorporation of CITY comments. The CONSULTANT shall run the "run -list" prior to submittal. 7.16.3 90% Engineer's Estimate The CONSULTANT will further develop the 60% estimate to a 90% level including adding all anticipated bid items and costs. The 90% estimate will remove all contingencies. The "Bid Proposal" within the specifications shall be prepared from this information by the CONSULTANT. 7.17 Ad -Ready Submittal CONSULTANT will use the 90% design plans and progress to the Ad -Ready design and plan level. The CONSULTANT will take into consideration the 90% design review comments from the CITY and WSDOT while advancing to the Ad -Ready level. 7.17.1 Ad -Ready Plans The CONSULTANT will further develop the 90% plans to an Ad -Ready plan level without the addition of any new sheets. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 01 City of Pasco I Argent Road Widening (Phase 3) r Scope of Services - May 27, 2021 7.17.2 Ad -Ready Specifications The CONSULTANT will update the 90% specifications with any new or additional special because of CITY or WSDOT comments. The CONSULTANT shall run a final "run -list" prior to submittal. 7.17.3 Ad -Ready Engineer's Estimate The CONSULTANT will finalize the engineer's estimate based on any comments received from the CITY or WSDOT during the 90% design review. The "Bid Proposal" within the Ad -Ready specifications shall be prepared from this information by the CONSULTANT. 7.17.4 Construction Schedule The CONSULTANT shall develop an anticipated construction schedule based on the planned advertisement date and final quantities. The Construction Schedule shall show the sequencing and durations of all construction activities. All constraints, such as wet weather conditions, utility work coordination, etc., shall be identified and factored in the schedule. The number of working days for the construction contract shall be based on the overall construction duration shown in the schedule. 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 (RNV) 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 four (4) parcels, with a total of two OWNERS. There will be no appraisal services required. • Ongoing management and administration of the RNV 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 RNV process. • CITY shall provide the CONSULTANT with available PROJECT information such as, but not limited to, the CITY's State approved RNV and limited access procedures, approved environmental documentation, and any pre -approved CITY RNV 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 hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 FNCity of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27. 2021 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. Appraisal services, relocation services and condemnation assistance services are not anticipated and not included. If necessary, this would be negotiated Extra Work. 8.1 Real Estate Services Management The CONSULTANT will also perform management and administration for the following real estate services tasks as follows: • Prepare for and attend R/W kick off meeting and monthly R/W PROJECT update meetings with the CITY until completion of the R/W acquisition. • 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 R/W schedule. • Review monthly status reports and provide comments as needed. Assumptions: • Up to two (2) CONSULTANT Real Estate Services (RES) staff will attend the R/W 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: • R/W Schedule and up to three (3) updates hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 FNCity of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 • One (1) Landowner Contact List • Up to nine (9) RMI Project Status Reports 8.2 Property Descriptions and Valuations CONSULTANT will review RMI plans, survey exhibits and, legal descriptions for up to four (4) acquisitions. CONSULTANT will perform the following work: • Coordinate with the CITY to facilitate RMI Plan Set approval from WSDOT local agency coordinator. • 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 RM/ team. CITY Responsibilities: • Approve Donation Form and/or approval of donation clause within conveyance document. Assumptions: • CONSULTANT will provide up to one (1) redline reviews the RMI Plan set and one redline review of each of the four (4) parcel legal descriptions and exhibits produced by the surveyor. • CITY shall provide all information to CONSULTANT that is required to complete the donations for the assigned parcels. o Four (4) parcel acquisitions have been identified for donation via recorded Interlocal Agreement between the STAKEHOLDERS and the CITY. o The CITY will provide the CONSULTANT a copy of the written acknowledgment signed by the STAKEHOLDERS wherein the CITY has notified the OWNER in writing of their right to receive just compensation and the STAKEHOLDERS has released the CITY from its obligation to have the property appraised. A copy of this document signed by the STAKEHOLDERS 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 four (4) parcels via the Recorded Interlocal Agreement and/or signed acknowledgment letter and agreed to waive the requirement for valuation of just compensation for the donated parcels. o All STAKEHOLDERS that have agreed to donation have waived their right to valuation and the determination of just compensation as referenced in the Interlocal Agreement. Deliverables: • Up to one (1) reviewed RMI Plan Set. Up to one (1) reviewed legal descriptions and one (1) reviewed exhibits for four (4) impacted parcels. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509)343-8500 F1� City of Pasco I Argent Road Widening (Phase 3) J Scope of Services - May 27, 2021 • Up to four (4) Landowner Contact Letters 8.3 Acquisition and Negotiation Services CONSULTANT will prepare offer packages, present offers, and prepare executed documents for CITY approval and processing for a maximum of four (4) parcels impacting four (4) 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 four (4) 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. • Process all landowner donations through the CITY. • Transmit completed parcel files to the CITY at the completion of acquisitions. 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. • Approve all landowner donations and approve all encumbrances to be cleared or accepted. • Manage escrow or in-house closings for all acquisitions (if applicable). • 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. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 37 FNCity of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 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 acquisitions 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, 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 four (4) Offer packages with completed acquisition documents for closing by the CITY. Up to four (4) P&U Agreements. Up to four (4) 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 R/W documentation needed for parcel files to CONSULTANT in advance of all WSDOT reviews. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 FNCity of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 • 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 four (4) acquisition files shall be prepared for certification. • 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 two (2) hour duration each and will be attended by up to one (1) CONSULTANT staff. Task 9 Bidding Phase Assistance The objective of this task is to aid the CITY during the advertisement for construction and bidding phase to provide information to prospective bidders to support a competitive bidding environment. The CONSULTANT will provide written responses to questions and requests for clarifications to the contract documents submitted to the CITY during the bidding period. Responses will be provided in Microsoft Word format and submitted to the CITY for inclusion in contract addenda. The CONSULTANT will evaluate Bidder requests for alternative ("or equivalent") approvals during the bidding phase. The CONSULTANT will prepare, attend, and participate in the Pre -Bid Conference. The CONSULTANT will assist the CITY in preparing all addenda. CITY Responsibilities: • Record, consolidate and deliver Bidder questions and requests for contract document interpretations to the CONSULTANT in timely fashion. • The CITY will issue all addenda and host the bid on their website www.citvofpascopIanroom.com Assumption(s): • Phase 2 and Phase 3 project will be bid separately. • There will be no pre-bid conference. • The budget for this task is limited to that amount shown in the project budget. Work beyond the budgeted amount will be considered extra work. Deliverable(s): • Written responses to Bidders' questions and requests for interpretations and evaluation of acceptable alternate ("or equals"). hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 MCity of Pasco I Argent Road Widening (Phase 3) Scope of Services - May 27, 2021 • Conformed set of contract documents based on any addenda issued. 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 up 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. Deliverables: • PowerPoint presentation of up to 10 slides and bulleted speaking points that align with the presentation slides. hdrinc.com 835 N Post Street, Suite 101 ; Spokane, WA 99201-2126 (509)343-8500 City of Pasco I Argent Road Widening (Phase 3) 0Scope of Services - May 27, 2021 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. hdrinc.com 835 N Post Street, Suite 101 1 Spokane, WA 99201-2126 (509) 343-8500 Exhibit B DBE Participation A zero percent UDBE goal was established by WSDOT on September 14th, 2020. Agreement Number: 21-036 Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 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: 21-036 Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Pagel 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: 21-036 Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/0112029 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 02/09/2021 Page 4 of 4 See Attached. Exhibit D Prime Consultant Cost Computations Agreement Number: 21-036 Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 AM, � Washington State WI/ Department of Transportation June 1, 2020 HDR Engineering Services 1917 S 67b 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 consultantratesnwsdot.wa.i!ov. Regards; ERIK K. JONSON Contract Services Manager EKJ: ah O) G 'c CD Ste_ S co x CL V m 0 C a7 LLI W H a O V U)a W c WLLI, LL. U ML M o L N Itti (D 00 N M N +-' N M O a: to to N M N -e aD O m n N N 00 u'1 O cD n O N c 0 a r n £ d a i N M r cD V - N N M M L N) cc; (D r N � 7 N O L CL O us w .n iv w yr w w w rn w w Err w O) G 'c CD Ste_ S co x CL V m 0 C a7 LLI W H a O V U)a W c WLLI, LL. U ML (D rn = oQ V ♦�.. cc; (D � 7 N O v 3 N 6F) 6q 09 ca w (» 6R va O 69 (» 6q 69 6» O O 1 O n o LO 0) Cl N 00 M (D H w C F- a X W (> 6» 6» e» to 6r3 ua 69 6% 69 6sa vs 6n O O w V (n N M m (D M M n M w O m n N N O N m O O u7 (D to M m m (D (D O m M LO LO N oD � O w R H v W 4-Y 69 69 E9 U!l E9 69 64 64 619 6F1 fA 69 00 00 f- V: 00 O 00 O V O N 7 O 'It 1* n O N V (D O N m n M to V N m O n a N m M m O w Lo m �e0 (D n [D O Cl! f� O N O L N (0 N CO O M N M N Cl) R O O � J 6s e% 6i? fH 6H 69 69 69 (a U3. 69 (R 64 = O W 0: E D _ a3 LL £ of > = O N d Q wV m M N u A c I.- c Y d _ LU C p IL 0 0 (° m £ E a �° m r a = a0i C FL w a Cl) oWC y v ui v� a� m y e c' a c m c o d p a d a y £ a) K y a) p .� d N d m r � � s m Q � 'N m £ rn •� (tR t d O C d £ V # Y �_ p o p W IM 3 N �C N d o m r O e •� m <a a _ = Q H d N (7 F m W c ii w m If m 2 U F I� z z 0 a s 0 g S `a dn4jeW + syuejlns—qns 1-1-1 d.j-W qns sI-Gln—qns WWI 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: 21-036 Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 VSF Washington State Department of Transportation January 6, 2021 AHBL, Inc. 2215 N 30th St Ste 300 Tacoma, WA 98403 Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Underson Way SW Tumwater, WA 98501-6504 TlY. 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 consultantrates a.1wsdot.wa. ov. Regards; ERIK K. JONSON Contract Services Manager EKJ: ah O a o a 0 e 8 e a C 'o N N 9 � Omi N Omi C O i i G d 9 o ` s Y u a c e � a � Ank W/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 consultantrates(ad wsdot.wa.aov. Regards; ERIK K. JONSON Contract Services Manager EKJ: ah CONSULTANT (or subconsultant) NAME AEC LLC PROJECT NAME Argent Road Improvement -Phase 3 PROJECT NUMBER A. SUMMARY ESTIMATED MAN -DAY COSTS C. NET FEE D. FCCM Total Raw Labor NET FEE*** $2,604.62 X 30% _ $781.39 Total Raw Labor Cost Approved FCCM Rate $ 2,604.62 X 0.52% $13.54 TOTAL LABOR $ 6,297.97 E. OUT-OF-POCKET EXPENSE SUMMARY Raw Labor Man -Da, s Man -Hours Hrly Rate Cost 1 SR. BIOLOGIST 4.25 = 34 @ $67.43 = $ 2,292.62 2 BIOLOGICAL TECH/GIS 1.5 = 12 @ $26.00 = $ 312.00 4 ARCHAEOLOGIST 0 = 0 @ $30.00 = $ - 5 0 = @ $0.00 = $ - 6 = 0 @ $0.00 = $ - 7 etc - 4 * M&IE First and last (Days) @ TOTAL RAW LABOR COST = $ 2,604.62 B. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD RECORD SEARCH/RESEAI @ Total Raw Labor Cost Approved Overhead Rate - 5 $ 2,604.62 X 111.28% _ $ 200.00 $2,898.42 C. NET FEE D. FCCM Total Raw Labor NET FEE*** $2,604.62 X 30% _ $781.39 Total Raw Labor Cost Approved FCCM Rate $ 2,604.62 X 0.52% $13.54 TOTAL LABOR $ 6,297.97 E. OUT-OF-POCKET EXPENSE SUMMARY F. SUBCONSULTANTS 1 2 TOTAL = $6,477.17 As per the "FEDERAL PER DIEM RATES" ** See attached Subconsultant's Summary *** Negotiated % Fee PAGE 1 Estimated Estimated Amount Unit Cost Expense 1 * MILEAGE (miles) 320 @ $ 0.560 = $ 179.20 2 DOCUMENT FORMATTING/I @ $ 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 Mailin.:is a $ 25.00 $ - TOTAL ESTIMATED EXPENSE _ $ 179.20 F. SUBCONSULTANTS 1 2 TOTAL = $6,477.17 As per the "FEDERAL PER DIEM RATES" ** See attached Subconsultant's Summary *** Negotiated % Fee PAGE 1 CONSULTANT NAME Anderson Environmental Consulting LLC PROJECT NAME Argent Road Improvement -Phase 3 PROJECT NUMBER EMPLOYEE NAME ** CERT. WAGE RATE Michelle Anderson $ 67.43 Jacob Taylor $ 26.00 Jennifer Allen $ 30.00 HOURLY RATE * The undersigned hereby certifies the above labor rates are true and correct rates paid to the employees as of (date). SIGNATURE MICHELLE ANDERSON, PRESIDENT * Based on 2,080 hr/year if salaried employee. ** Capped hourly rate. DATE C7 7 O S ea O H L7 CD N N N C R � V C R N .2 O m V m H w a c o r y o co o t CLd c U) Q W Nl- co to mr m 0 m0 i co 0 0 w w N L d a in . a W ao Q o _ ~ N W e j Z E - - C) is LE o " O 06 E y Oin " " N W O rn O .0 .�+ ++ Y R •� '.:.E c C d a)99 V �I� � OO U) E c O p V d S'' w E c '0 � a n F.- Q C7 W Y U) U) 1a r N r N M r r t0 CD CD Y Y Y cotom {6 cc m A Exhibit F - Title VI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 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.] 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 02/0112021 21-036 Agreement Number Exhibit F - Title VI Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles I1 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 21-036 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: 21-036 Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 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) .Pad lr� Signature (Authorized Official of Consultant) 6/1/2021 Date Agreement Number: 21-036 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Exhibit G -1(b) Certification of City of Pasco I hereby certify that I am the: Q 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 6 /- tf/'L Agreement Number: 2t-036 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112029 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) -Paj 6/1/2021 Signature (Authorized Official of Consultant) Date Agreement Number: 21-036 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 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) .PJ , 6/1/2021 Signature (Authorized Official of Consultant) Date Agreement Number: 21-036 Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 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: 21-036 Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 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: 21-036 Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2029 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 I 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: 21-036 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 Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: 21-036 Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 2 of 2