HomeMy WebLinkAbout4390 Resolution - HLA Supplement No. 1RESOLUTION NO.4390
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON.
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE
SUPPLEMENT NO. 1 FOR THE PROFESSIONAL SERVICES AGREEMENT
WITH HLA ENGINEERING AND LAND SURVEYING, INC. FOR THE
OREGON AVENUE OVERLAY (SR397) PROJECT.
WHEREAS, the City of Pasco (City) requires professional services from an engineering
firm to provide professional services for the design and construction support services for the
Oregon Avenue (SR397) Overlay project; and
WHEREAS, the City and HLA Engineering and Land Surveying, Inc. (HLA) entered into
a Professional Services Agreement on April 28, 2022, to provide Engineering services with respect
to the Oregon Avenue Overlay (SR397) project; and
WHEREAS, the City and HLA identified additional design, bidding phase assistance, and
construction engineering and administration services necessary to complete the project and
negotiated a scope and fee for the supplement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Professional Services Agreement is supplemented to allow HLA Engineering and
Land Surveying, Inc. to provide additional professional engineering services, as described within
Supplement No. 1, attached hereto as Exhibit A.
Be It Further Resolved, that the City Manager, of the City of Pasco, Washington, is
hereby authorized, empowered, and directed to sign and execute Supplement No. 1, on behalf of
the City of Pasco; and to make minor substantive changes as necessary to execute the Agreement.
Be It Further Resolved, that this Resolution will take effect immediately.
PASSED b the City Council of the City of Pasco, Washington, on this 6t' day of
Nove b 20
Blanche Barad
Mayor
ATTEST: 1 / APPROVED AS TO FORM:
V
Debra Barham, CMC err Fergu aw, PLLC
City Clerk City Attorneys
Resolution - HLA PSA Sup No. 1 for Oregon Ave. Overlay Project - 1
EXHIBIT A Local Agency A&E Professional Services
g y
Negotiated Hourly Rate Consultant Agreement
Agreement Number: 23-023
Firm/Organization Legal Name (do not use dba's):
HLA ENGINEERING AND LAND SURVEYING, INC. (HLA)
Address Federal Aid Number
2803 RIVER ROAD, YAKIMA, WA 98902 NHPP-0397(014)
UBI Number
Federal TIN
600517737
91-1237188
Execution Date
Completion Date
12/31 /2025
1099 Form Required
Federal Participation
❑ Yes 0 No
■) Yes ❑ No
11 Project Title
Oregon Avenue Overlay (SR397)
Description of Work
Supplemental Agreement to original agreement number 22-014 for design services. Supplement also includes
construction engineering and administration services for Oregon Avenue Overlay (SR397), involving the overlay and
restriping of Oregon Avenue (SR397) from the WSDOT boundary of Interstate 182 to the North to E Ainsworth Avenue to
the south. The project also includes ADA upgrades.
The DBE goal of 6% continues to apply to design services. There is no DBE goal for construction services.
Fed Aid No. NHPP-0397(014)
WSDOT Agreement No. LA10237
City of Pasco Project No. 21305
HLA Project No. 22085C
Q Yes
❑ Yes
❑ Yes
❑ Yes
Index of Exhibits
❑ No DBE Participation
Q No MBE Participation
❑r No WBE Participation
Q No SBE Participation
Maximum Amount Payable: $91,403.22
Exhibit A
Scope of Work
Exhibit B
DBE Participation
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D
Prime Consultant Cost Computations
Exhibit E
Sub -consultant Cost Computations
Exhibit F
Title VI Assurances
Exhibit G
Certification Documents
£x#ib#44
1✓isb lns e-lrerease
Exhibit I
Alleged Consultant Design Error Procedures
Exhibit J
Consultant Claim Procedures
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page I of 14
THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the City of Pasco, Washington ,
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.
Local Agency A&E Professional Services Agreement Number __23 -023
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 2 of 14
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 thisAGREEMENT.
In the absence 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 retumed.
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: MICHAEL T. BATTLE, PE
Agency: CITY OF PASCO Agency: HLA ENGINEERING AND LAND SURVEYING, INC.
Address: 525 N. 3RD AVENUE Address: 2803 RIVER ROAD
City: PASCO State: WA Zip: 99301 City: YAKIMA State: WA Zip: 98902
Email: WITTMAND@PASCO-WA.GOV Email: MBATTLE@HLACIVIL.COM
Phone: (509) 545-3447 Phone: (509) 966-7000
Facsimile: Facsimile: (509) 965-3800
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 conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Local Agency A&E Professional Services Agreement Number 23 -023
Negotiated Hourly Rate Consultant Agreement Revised 0 713 012 022 Page 3 of 14
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31(www.ecfr.gov).
A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,
and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates
shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT's fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such
written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and
"E" will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to
aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the
CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and
classifications that will applicable for the twelve (12) month period.
The fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life of the
AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect
cost rate and/or extension will be considered on a case -by -case basis, and if granted, will be memorialized in
a final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components of
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The
CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus
fee.
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement Revised 0 713 012 022
Agreement Number 23-023
Page 4 of 14
A. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long
distance telephone, supplies, computer charges, and fees of sub -consultants. Air or train travel will be
reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and
all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
(l.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
"Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized
in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit "D," including names and classifications of all employees, and billings for all direct
non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview.
D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies
the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such
overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund
shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the
AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution
Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings
E.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.
Local Agency A&E Professional Services Agreement Number 23 -023
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 5 of 14
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 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 acknowledgment between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall
require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this
AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable
sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration,
contingent upon or resulting from the award or making of this agreement. For breach or violation of
this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its
discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount
of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of
this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except
regularly retired employees, without written consent of the public employer of such person if he/she will be
working on this AGREEMENT for the CONSULTANT.
Agreement Number:
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 6 of 14
Vill. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V §
2000d through 2000d-4a)
• Federal -aid Highway Act of 1973 (23
U.S.C. Chapter 3 § 324)
• Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V §
794)
• Age Discrimination Act of 1975 (42
U. S. C. Chapter 76 § 6101 et. seq. )
• Civil Rights Restoration Act of 1987 (Public Law
100-259)
• American with Disabilities Act of 1990 (42
U.S.C. Chapter 126 § 12101 et. seq.)
• 23 CFR Part 200
• 49 CFR Part 21
• 49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit
"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached
Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt
by the Regulations or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon
ten (10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to
Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two
(2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily
completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY
at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES
required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this
subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of
this section.
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure
to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
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Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 7 of 14
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."
A. 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 parries 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.
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
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Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 8 of 14
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 tie , 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. The Parties have mutually negotiated this waiver.
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.
Local Agency A&E Professional Services Agreement Number 23 -023
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 9 of 14
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 AVENUE
City: PASCO State: WA Zip: 99301
Email: WITTMAND@PASCO-WA.GOV
Phone: (509) 545-3447
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of
the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third
party, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT
has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law.
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 10 of 14
XI11. 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 thisAGREEMENT.
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-l(a and b)" are the Certifications of the CONSULTANT and the AGENCY,
Exhibit 11G-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 AGREEMENTS over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only
in AGREEMENTS 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.
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.
XVI11. 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.
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 11 of 14
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information"
includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE
and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data,
proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
project that relates to any of these types of information. The CONSULTANT agrees to hold the State's
Confidential Information in strictest confidence and not to make use of the State's Confidential Information for
any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -
consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release
such information or material only to employees, sub -consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's
Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii)
take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential
Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State's Confidential Information was received; who received, maintained, and used the State's
Confidential Information; and the final disposition of the State's Confidential Information. The
CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in
termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary
damages, or penalties
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as
"Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this
AGREEMENT.
Local Agency A &E Professional Services Agreement Number 23-023
Negotiated Sourly Rate Consultant Agreement Revised 0713012022 Page 12 of 14
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, AGREEMENTs,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes,
reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets,
charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations,
computations, summaries, inventories, and writings regarding conferences, conversations or telephone
conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description;
every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original.
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 13 of 14
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.
Signs
Date
I=
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012022 Page 14 of 14
Exhibit A
Scope of Work
HLA Project No. 22085C
See attached Exhibit A.
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Exhibit A
HLA Engineering and Land Surveying, Inc.
Scope of Work
Oregon Avenue Overlay (SR397)
City of Pasco Project No. 21305
Preliminary Engineering Phase
Final Engineering Design Plans Estimate. and Specifications (100%)
1. Finalize 100% design plans.
2. Finalize 100% Engineer's opinion of construction cost.
3. Finalize 100% project special provisions.
4. Transmit 100% design plans, Engineer's opinion of construction cost, and specifications to the City for
review and approval.
5. Transmit 100% design plans, Engineer's opinion of construction cost, and specifications to WSDOT for
review and approval.
Assumptions:
1. City will prepare bid documents and contracts.
Bidding Phase Assistance
1. Answer and supply such information as requested by prospective bidders.
2. Prepare and issue addenda to contract documents, if necessary.
3. Assist City in bid opening and evaluation process, if desired.
4. Coordinate with WSDOT for award approval.
5. Make recommendation of construction contract award to the City.
Assumptions:
1. City will transmit advertisement forbids to selected newspaper(s) for publication and pay for all
associated advertising fees.
2. City will provide contract documents to potential bidders as requested and maintain planholder list.
3. Prepare summary of bids received and review bidder's qualifications and responsiveness.
Construction Phase
Construction Engineering and Administrative Services
Construction Engineering and Administrative Services will be supplied on an as -directed basis. Directed work may
include:
1. Assist in reviewing bond, insurance, and contracts.
2. Review Contractor's submission of samples and shop drawings, where applicable.
3. Respond to contractor Request for Information (RFI), where applicable.
4. Prepare Record of Materials (ROM).
S. Review project submittals and assist in maintenance of the ROM.
6. Consult, advise, or assist the AGENCY with inspection during construction.
7. Perform site visits to investigate items requested during construction.
8. Assist the AGENCY with required monitoring of the Contractor's payment of prevailing wage rates. This
may include monitoring General Contractor and Subcontractor compliance with State and Federal labor
standards during the construction phase of this project.
9. Monitor the Contractor's compliance with Disadvantaged Business Enterprise (DBE) goals and reporting
requirements.
Exhibit B
DBE Participation Plan
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.
See attached DBE Participation Plan. No DBE participation included in supplement.
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
DBE Participation Plan
Project
Oregon Avenue Overlay (SR 397), Federal Aid Number NHPP-0397(014)
Background
This project has a mandatory Disadvantaged Business Enterprise (DBE) goal of six percent (6%). This goal was established by WSDOT on December 7, 2021, This project does not have a voluntary Small Business
Enterprise (SBE) goal. There Is no training hour requirement on this project.
DBE Plan
The below DBE firms are part of our team, with their services and information noted. This is an hourly contract with variable fee amounts possible, so a firm commitment is shown, as well as a maximum percentage
possible based on the anticipated scope and fee. The DBE firms will not be included in the supplement amount. There will be a $2,328.92 (0.7%) shortfall. Per WSDOT guidance, a memo explaining the reasons for the
DBE Goal shortfall will be provided to WSDOT. No approval/concurrence will be required.
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
Topographic survey performed by HLA Engineering and Land Surveying, Inc. on file at Engineer's office
and will be available to transmit to the City in AutoCAD Civil 31) format as requested.
B. Roadway Design Files
AutoCAD Civil 3D. On file at Engineer's office and will be available to transmit to the City in AutoCAD
Civil 3D format as requested.
C. Computer Aided Drafting Files
AutoCAD Civil 3D on file at Engineer's office and will be available to transmit to the City as requested.
Local Agency A&E Professional Services Agreement Number 23 -023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
D. Specify the Agency's Right to Review Product with the Consultant
Agency will review product at any point in time. Final plans will be transmitted to the City.
Documents available upon request: Inspector daily reports.
E. Specify the Electronic Deliverables to Be Provided to the Agency
Contractor labor Documents. Documents required by funding agency. Agency may also request any
electronic data files associated with the project.
F. Specify What Agency Furnished Services and Information Is to Be Provided
A. Provide full information as to AGENCY requirements of the work items.
B. Assist consultant by placing at their disposal all available information pertinent to the site of the work items,
including previous reports, drawings, plats, surveys, utility records, and any other data relative to design and
construction.
C. AGENCY staff shall be the liaison with adjacent business owners, residents, and private utilities, including
any coordination, communication, reviews, and approvals.
D. Provide materials sampling and testing, and payment.
E. Obtain approval of all governmental authorities having jurisdiction over the work items, approvals, and
consents from other individuals or bodies as may be necessary for completion. Pay all review fees and costs
associated with obtaining approvals.
F. Pay for project advertisement costs.
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
IL Any Other Electronic Files to Be Provided
On file at Engineer's office.
IIL Methods to Electronically Exchange Data
Microsoft OneDrive administered through the Engineer's office, or other FTP site software.
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
A. Agency Software Suite
Microsoft products. Adobe.
B. Electronic Messaging System
Microsoft Exchange and Outlook.
C. File Transfers Format
docx, .xIsx, .pdf, and .dwg
Local Agency A&E Professional Services Agreement Number _ _23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Exhibit D
Prime Consultant Cost Computations
See attached Exhibit D.
Local Agency A&E Professional Services Agreement Number 23 -023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Exhibit D - Design Services Supplement
City of Pasco: Oregon Avenue Overlay (SR397)
Project Role
Employee Classification
Project Manager Project Engineer Project Engineer PmJect
Principal PE PdncW Engineer Engineer II
Contract Adminlll
Contract Admin 111
Resident Enge,eer
Residerd Engineer
Labor Hours
Total Labor Dollars
Billing Rate
Is 223.00 $ 223.00 1 $ 184.00
$ 151.00
$ 136.00
1.1
r-
Final Engineering Design Pierre, Estimate, and SpedOcatiorre (100%)
120 12 a5
B
$ 46,284.00
1.2 Bidding Phase Assistance
8 a
2
$ 3,559.00
7
Task Total Hours
120.00
1 12.00
93.00
1080
0.00
0.00
Took Total Fee
$ 28,544.08
1 $ 2,676.00
1 $17,112.00
1 $1,510.00
1 $ 0.00
1
1 $ 49,942.00
Hine: Values in each phase are estimated and may very vAthJn each phase. However, overall contract amount shall not be exceeded.
Mileage (0 @ $0.625) $0.00
Reproduction Expenses $58.22
$ 49,900.2
Exhibit 0 - Construction Services
City of Pasco: Oregon Avenue Overlay (SR397)
Project Role Project Manager
Classification Principal PE
Project Engineer
Project Engineer II
Contract Admin III
Contract Admin III
Reskient Engineer
Resident Engineer
labor Hours
Total labor Dollars
Billing Rate $ 223.00
$ 18d 00
S 151.00
$ 136.00
1 Construction Engineering and Administrative Services 56 Is
in
229
$41,381.00
1.1 lCoratuation Engineering 40 18
58
$12,232.00
1.2 Constnx lion Administration 16
155
16 171
S 29,149.00
Task Total Hoursl
50.00
18.00
1sS.00
16.00
220.00
Task Total Fee
$12,488.00
$ 3,312.00
$ 23,405.00 1
$ 2,176.00
1
J$ 41,381.00
Note: Values in each phase are estimated and may vary within each phase. However, overall contract amount shall not be exceeded.
tilleage (180 @ $0.625) $112.50
Reproduction Expenses $9.50
$ 41,503.00
EXHIBIT D
SCHEDULE OF RATES FOR
HLA Engineering and Land Surveying. Inc.
Effective January 1, 2023, through December 31, 2023
Senior Principal Engineer
$250.00 per hour
Licensed Principal Engineer
$223.00 per hour
Licensed Principal Land Surveyor
$223.00 per hour
Licensed Professional Engineer
$201.00 per hour
Other Licensed Professional
$201.00 per hour
Project Engineer II
$184.00 per hour
Construction Supervisor
$184.00 per hour
Licensed Professional Land Surveyor
$181.00 per hour
Project Engineer 1
$165.00 per hour
Contract Administrator III
$151.00 per hour
Senior Resident Engineer
$151.00 per hour
Senior Planner
$149.00 per hour
CAD Technician
$145.00 per hour
Engineering Technician 111
$136.00 per hour
Planner
$136.00 per hour
Resident Engineer
$136.00 per hour
Surveyor
$134.00 per hour
Surveyor on Two Man Crew
$128.00 per hour
Contract Administrator II
$126.00 per hour
Engineering Technician 11
$117.00 per hour
Surveyor on Three Man Crew
$112.00 per hour
Contract Administrator 1
$97.00 per hour
Engineering Technician 1
$97.00 per hour
Administrative/Clerical
$97.00 per hour
Vehicle Mileage
Federal Rate
Schedule of Rates may be adjusted during the term of this Agreement to the HLA Standard Hourly
Rates in effect at the time.
NEW RATES-2023v4 - Effective 11-1-2022 v4
Rev 5.2.23
SCHEDULE OF RATES FOR
HLA Engineeringq and Land Surveying. Inc.
Effective January 1, 2024, through December 31, 2024
Senior Principal Engineer
$263.00 per hour
Licensed Principal Engineer
$235.00 per hour
Licensed Principal Land Surveyor
$235.00 per hour
Licensed Professional Engineer
$212.00 per hour
Other Licensed Professional
$212.00 per hour
Project Engineer II
$194.00 per hour
Construction Supervisor
$194.00 per hour
Licensed Professional Land Surveyor
$191.00 per hour
Project Engineer 1
$174.00 per hour
Contract Administrator III
$159.00 per hour
Senior Resident Engineer
$159.00 per hour
Senior Planner
$157.00 per hour
CAD Technician
$153.00 per hour
Engineering Technician 111
$143.00 per hour
Planner
$143.00 per hour
Resident Engineer
$143.00 per hour
Surveyor
$141.00 per hour
Surveyor on Two Man Crew
$135.00 per hour
Contract Administrator II
$133.00 per hour
Engineering Technician II
$123.00 per hour
Surveyor on Three Man Crew
$118.00 per hour
Contract Administrator 1
$102.00 per hour
Engineering Technician 1
$102.00 per hour
Administrative/Clerical
$102.00 per hour
Vehicle Mileage
Federal Rate
Schedule of Rates may be adjusted during the term of this Agreement to the HLA Standard Hourly
Rates in effect at the time.
NEW RATES-2024v2 - Effective 11-1-2022 v2
Rev 5.2.23
EXHIBIT D
SCHEDULE OF RATES FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2025, through December 31, 2025
Senior Principal Engineer
$274.00 per hour
Licensed Principal Engineer
$245.00 per hour
Licensed Principal Land Surveyor
$246.00 per hour
Licensed Professional Engineer
$221.00 per hour
Other Licensed Professional
$221.00 per hour
Project Engineer II
$202.00 per hour
Construction Supervisor
$202.00 per hour
Licensed Professional Land Surveyor
$199.00 per hour
Project Engineer 1
$181.00 per hour
Contract Administrator 111
$166.00 per hour
Senior Resident Engineer
$166.00 per hour
Senior Planner
$164.00 per hour
CAD Technician
$160.00 per hour
Engineering Technician III
$149.00 per hour
Planner
$149.00 per hour
Resident Engineer
$149.00 per hour
Surveyor
$147.00 per hour
Surveyor on Two Man Crew
$141.00 per hour
Contract Administrator 11
$139.00 per hour
Engineering Technician II
$128.00 per hour
Surveyor on Three Man Crew
$123.00 per hour
Contract Administrator 1
$107.00 per hour
Engineering Technician 1
$107.00 per hour
Administrative/Clerical
$107.00 per hour
Vehicle Mileage
Federal Rate
Schedule of Rates may be adjusted during the term of this Agreement to the HLA Standard Hourly
Rates in effect at the time.
NEW RATES-2025 - Effective 11-1-2022 v1
Rev 4.13.23
Exhibit E
Sub -consultant Cost Computations
If no sub -consultant participation listed 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 thisAGREEMENT.
N/A
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
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:
1. 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, (Federal Highway 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 Washington State Department of Transportation specific program requirements.]
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the
Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Washington State Department of Transportation 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 (Federal Highway
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 (Federal Highway 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 (Federal Highway
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 (Federal Highway 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
Negotiated Hourly Rate Consultant Agreement
Revised 0713012021
Agreement Number 23-023
Exhibit F - Title V! Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Local Agency A&E Professional Services Agreement Number 23 -023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Exhibit G
Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of AGENCY OFFICIAL
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions
BAibit 6-3Lobbying
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
HLA ENGINEERING AND LAND SURVEYING, INC.
whose address is
2803 RIVER ROAD, YAKIMA, WA 98902
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(ifany); CITY OF PASCO, WA
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
HLA ENGINEERING AND LAND SURVEYING, INC.
Consultant (Firm Name)
ACC le-z3
Sign (Authorized Official of Consultant) Date
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
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; an
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.
HLA ENGINEERING AND LAND SURVEYING, INC.
Consultant (Firm Name)
Sig A horized Official of Consultant)
Date
Local Agency A&E Professional Services Agreement Number 23 -023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has 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.
Local Agency A&E Professional Services Agreement Number 23-023
Negotiated .Hourly Rate Consultant Agreement Revised 0713012021
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.
Local Agency A&E Professional Services Agreement Number 23 -023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
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) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the
consultant's claim(s) that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to theAgency'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.
Local Agency A&E Professional Services Agreement Number 23 -023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021
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 associate
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
Local Agency A&E Professional Services Agreement Number 23 -023
Negotiated Hourly Rate Consultant Agreement Revised 0713012021