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MacKay Sposito - Argent Road Widening - Phase 1 - Construction Management PSA (#21-040) - Executed
DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E PROFESSIONAL SERVICES AGREEMENT 12001 — Argent Road Widening (Phase 1) — Construction Management Agreement No. 21-040 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and MacKay Sposito, hereinafter referred to as "Consultant," on the U"— day of 4 4 v 7 f , 2021. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. WHEREAS, the City has, consistent with RCW 39.80, published an announcement related to its need for Architectural and Engineering services, evaluated Consultant's current performance data, and has determined that Consultant is the most highly qualified firm to perform the Architectural and Engineering services related to the Argent Road Widening (Phase 1) project; and WHEREAS, the City's Public Works Director finds that the Agreement with Consultant is both fair and reasonable in light of the duties to be performed, the Consultant's performance data, and the nature and complexity of the project. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scone of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 12/31/2023. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or Professional Services Agreement — MacKay Sposito Agreement No. 21-040 12001 — Argent Road Widening (Phase 1) — Construction Management Page 1 of 10 DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ® Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $69,570.14 without the prior written authorization by the City. 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant's activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Professional Services Agreement — MacKay Sposito Agreement No. 21-040 12001 — Argent Road Widening (Phase 1) — Construction Management Page 2 of 10 DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownershii) and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product," shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as "confidential," "proprietary," or a "trade secret" shall be conspicuously designated as such. 5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by Professional Services Agreement —MacKay Sposito Agreement No. 21-040 12001 — Argent Road Widening (Phase 1) — Construction Management Page 3 of 10 DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City's sole discretion, may be detrimental to the City's interest. Professional Services Agreement — MacKay Sposito Agreement No. 21-040 12001 — Argent Road Widening (Phase 1) — Construction Management Page 4 of 10 DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. The Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with Professional Services Agreement — MacKay Sposito Agreement No. 21-040 12001 — Argent Road Widening (Phase 1) — Construction Management Page 5 of 10 DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant's profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: ® $2,000,000 each occurrence; and ® $2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: © $2,000,000 per claim; and ® $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant's Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.1 The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverayze. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. Professional Services Agreement — MacKay Sposito Agreement No. 21-040 12001 — Argent Road Widening (Phase 1) — Construction Management Page 6 of 10 DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E 9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contint=-ent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assi nment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent Professional Services Agreement — MacKay Sposito Agreement No. 21-040 12001 — Argent Road Widening (Phase 1) — Construction Management Page 7 of 10 DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-83590275B82E of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Steve M. Worley, P.E., or his/her designee Public Works Director 525 North 3ra PO Box 293 Pasco WA 99301 WorIgySkpasco-wa. ov (e-mail address) Professional Services Agreement — MacKay Sposito Agreement No. 21-040 12001 — Argent Road Widening (Phase 1) — Construction Management Page 8 of 10 DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E 14.3.2 For the Consultant: Paul Harmsen, P.E., or his/her designee Director of Engineering 1110 Osprey Pointe, Suite 105 Pasco, WA 99301 pharmsen(i !mackaysposito (e-mail address) 15. Dis ute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each parry hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. Professional Services Agreement — MacKay Sposito Agreement No. 21-040 12001 — Argent Road Widening (Phase 1) — Construction Management Page 9 of 10 DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON Dave Zabell nager ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Fer n Law, PLLC, City Attorney CONSULTANT Do�cu,CSi�gn�ed by: r U/ Derric math — President Professional Services Agreement — MacKay Sposito Agreement No. 21-040 12001 — Argent Road Widening (Phase 1) — Construction Management Page 10 of 10 DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E Maclay-}Sposito City of Pasco Argent Road Phase 1 Construction Management and Inspection Services July 9, 2021 EXHIBIT A Pasco Office 1110 Osprey Point Blvd., Suite 105 Pasco, WA 99301 509,374.4248 www.mackaysposito.com Scope of Work Assumptions: 1. WSDOT forms will be utilized when possible. When not available, City or MacKay Sposito forms will be utilized with City approval. Reviewing and responding to all technical, substitution requests, and requests for information submittals is either by City or included under the separate design construction administration scope of work. MacKay Sposito will review and respond to contract related items (e.g. construction schedule submittals) See hours and other assumptions in the attached fee proposal. All documentation will be housed on the MacKay Sposito server and will generally not be mirrored in a cloud based file sharing system. Services provided by the City of Pasco: 1. FTP site for transfer of large files (MacKay Sposito can provide Sharefile site as needed) 2. Completion of wage rate interview requirements/documentation. 3. Material submittal review and response. Traffic control plan review and response 4. Final approval or denial of all change orders Exclusions 1. Offsite materials or fabrication inspections 2. Construction project management software (e.g. Procore) 3. Development and management of project website or public outreach materials 4. Preparation of as -built or record drawings (assumed to be responsibility of contractor and/or under design construction administration scope) 5. Documentation of preconstruction conditions 6. Materials testing and special inspections. MacKay Sposito will record and compile such records provided by others. DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E MacKay + Sposito Pasco Office 1110 Osprey Point Blvd., Suite 105 Pasco. WA 99301 509.374.4248 www.mackaysposito com 1.0 PROJECT MANAGEMENT 1.1 PROJECT MANAGEMENT 1.1.1 Manage the MacKay Sposito project team 1.1.2 Manage the MacKay Sposito budget and invoicing 2.0 PRE -CONSTRUCTION. 2.1 PROJECT UNDERSTANDING 2.1.1 Review construction documents 2.1.2 Coordinate with City staff to discuss project specific concerns 2.2 PROJECT SETUP 2.2.1 Setup project documentation structure 2.2.2 Review preconstruction submittals (site specific safety plan (SSSP), erosion control plan, etc.) 2.3 PRE -CONSTRUCTION MEETING 2.3.1 Prepare Pre -construction meeting agenda 2.3.2 Attend and lead meeting 2.3.3 Prepare and distribute meeting minutes 3.4 CONSTRUCTION 3.1 CONSTRUCTION MANAGEMENT 3.1.1 Submittals 3.1.1.1 Receive and log applicable information (submission date/time, number, description, responsible reviewer(s), etc.) 3.1.1.2 Track review status and schedule 3.1.1.3 Look ahead to upcoming construction activities and proactively communicate with the project team to identify potential missing submittals 3.1.2 Requests for Information (RFIs) 3.1.2.1 Receive and log applicable information (submission date/time, number, description, responsible reviewer(s), etc.) 3.1.2.2 Review for clarity and pursue any needed clarifications prior to routing to the responsible reviewer. 3.1.2.3 Track review status and schedule DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E MacKay + Sposito Pasco Office 1110 Osprey Point Blvd_ Suite 105 Pasco, WA 99301 509.374.4248 www.mackaysposito.com 3.1.3 Change Orders 3.1.3.1 Prepare work order directives in conjunction with the City and design team 3.1.3.2 Receive and log applicable information (submission date/time, number, description, responsible reviewer(s), etc.) 3.1.3.3 Review for format and completeness. Change orders that are not formatted in accordance with the contract will be returned to the submitter for revision. 3.1.3.4 Review for validity, schedule impacts and cost. Provide recommendation of approval or denial and proposed adjustments to City. 3.1.3.5 Assist City with negotiations and work with the construction inspector to compile available supporting documentation (daily inspection reports, photographs, contract provisions, etc.) 3.1.3.6 Assist with resolving contract disputes and/or assist in claims analysis, mitigation and resolution 3.1.3.7 Work with construction inspector to track contractor force account labor, equipment, and materials if needed. 3.1.4 Quality Control 3.1.4.1 Coordinate and schedule material testing with Contractor 3.1.4.2 Review construction inspector reports and photographs weekly for accuracy and completeness. 3.1.4.3 Issue and track resolution of all Non -Conformance Reports 3.1.5 Pay Request Review 3.1.5.1 Review Contractor Pay Request submittals 3.1.5.2 Review certified payroll and verify prevailing wage intents and affidavits 3.1.5.3 Resolve discrepancies; reconcile Pay Requests to actual work percentage complete or quantities in accordance with construction contract Payment Schedule 3.1.5.4 Submit Pay Request to City for approval 3.1.5.5 Confirm all work is complete and all required contractor documentation has been submitted and reviewed prior to recommending final payment 3.1.6 Schedule Compliance 3.1.6.1 Review contractor's three week look ahead and progress schedule updates 3.1.6.2 Review overall project schedule for milestone impacts 3.1.6.3 Document any schedule deviations and resolve impacts with contractor and City 3.1.6.4 Request make-up schedules from contractor as needed and pursue submittal 3.1.6.5 Perform delay analysis, if required DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E MacKay + Sposito Pasco Office 1110 Osprey Point Blvd., Suite 105 Pasco, WA 99301 509.374.4248 www.mackaysposito.com 3.2 CONSTRUCTION PROGRESS MEETINGS 3.2.1 Prepare agenda including: 3.2.1.1 Contractor provided 3 -week look ahead schedule 3.2.1.2 Safety 3.2.1.3 Current issues status and resolution 3.2.1.4 Change order, RFI and submittal status 3.2.2 Attend and lead construction meetings with onsite attendance as appropriate 3.2.3 Prepare and distribute meeting minutes documenting discussions, issues and agreements 3.3 CONSTRUCTION INSPECTION 3.3.1 Attend daily plan of the day meeting with construction contractor 3.3.2 Perform daily inspections of the work for compliance with the construction documents 3.3.3 Complete daily inspection reports and photographs 3.3.4 Assist with property owner coordination such as access restrictions, paving schedule and impacts, etc. 4.0 POST -CONSTRUCTION 4.1 PUNCH LIST/CLOSEOUT 4.1.1 Prepare and distribute a project punch list identifying deficiencies and remaining work items to be completed. Answer construction contractor questions and provide clarification regarding remaining work items. 4.1.2 Assist with project close out including obtaining warranties and guarantees and close out of project permits 4.1.3 Schedule and lead a final project walk through 4.1.4 Provide recommendation of project acceptance 4.1.5 Compile project documentation, including archive CD or online transfer of the all project files ZOO no a) CL 0 c w C: rn U O N e0+ O z C O CM G 3 Q aJ m E N W aJ w U. r -I v 0 L 0 E 0 E X r6 E O v r0 a1 v V X W 0 N 0 z (6 u Q N L) 0 Q t c 0 Y M 'cr c N O N O O O O a 0 0 al N r' O Q C M I- O 00 tD c lD O LD f0 d' f� M Y c R ri u al I, r -I Cl E M O aJ I- ri O to 00 N O1 Ui O ` p r -I N O O C� C 00 r -I m M 10 "•' r- O m O 00 U a p 7 N in V} N N r -I O LD m i 0 M ° u O to V} � in `W -4-J IA � Y J N rn V? 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E lD 1*� N � N � 00 N f6 v� H N � W = Flo L m E a; s Y co m L L L u to � t O SOA Oq r= '� m -C O O U r6 r0 r-+ C v ri n C C rE +, C r0 `o m c 'vN— m c avi 'v�—i aUi N Ln = v o a m ra O_ n Q c m O C C1 Q a V a u J a) 7 Y 3 aJ v 7 a1 3 >_ c c O O O L O O m C u u +L O U u u u ri rn O U u u +' �_ O U L L 0 L L L L Qli L L 0 L E OIn 'c Ln LnC E O 'c c c E O c 0 c 0-0 v c o c o c N o v-o v 0 0 -0 c v U U Q Ln U U U Q Ln U U Q v) O O G. C0 Y 3 c = v a O 3 N v rL O Q c 0.2 +`. 3 N ate' v .. u a N e0+ O z C O CM G 3 Q aJ m E N W aJ w U. r -I v 0 L 0 E 0 E X r6 E O v r0 a1 v V X W 0 N 0 z (6 u Q N L) 0 Q t c 0 Y M DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E City of Pasco - Argent Road Phase 1 CM/I - Updated 07/09/21 Actuals Not To Exceed Table (ANTE) MacKay Sposito, Inc 1110 Osprey Point Ave #105 Pasco, WA 99301 Direct Overhead Fixed Fee Job Classifications Labor Rate NTE* NTE NTE* 149.73% 30.00% Construction Manage $72.39 M $108.39 $21.72 IL action Inspector m $48.00M $71.87 $14.40111111111111 All Inclusive Hourly Biling Rate NTE $202.7 516i.F.N $134.2' fi9.93 DocuSign Envelope ID: 2BCDC4E6-6ED8-4FB4-9968-B3590275B82E Awkk Washington State Depart of Transportation July 8, 2021 MacKay Sposito, Inc. 1325 SE Tech Center Drive, Suite 140 Vancouver, WA 98683 Development Divislon 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.wo.gov Subject: Acceptance FYE 2020 ICR — Audit Office Review Dear Jyoti Sohi: Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2020 Indirect Cost Rate (ICR) of 149.73% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantratesri wsdot.wa.L,ov. Regards; rr� 12-• ERIK K. JONSON Contract Services Manager EKJ: ah