HomeMy WebLinkAbout2020-03-12 - KPG PS Engineering consultant in Wenatchee - General Agreements / General Service Agreements - 2019-09Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba's):
KPG, P.S.
Address
Federal Aid Number
23 S Wenatchee Ave St 223 Wenatchee, WA 98801
SRTS-9909(004)
UBI Number
Federal TIN
601-248-468
91-1477622
Execution Date
311Z
Completion Date
02--O
12/31/2022
1099 Form Required
Federal Participation
❑ Yes ■❑ No
Yes ❑ No
Project Title
Sterling Intermediate Safe Routes to School
Description of Work
KPG will provide design services to the City for storm drainage, utility relocations, public outreach, and
other coordination as needed to support the construction of sidewalks and buffer strips, raised
intersections and traffic calming, illumination, and RRFBs.
❑■ Yes ❑ No DBE Participation
Maximum Amount Payable: $244,277.41
❑ Yes Q No MBE Participation
❑ Yes Q No WBE Participation
❑ Yes Q No SBE Participation
Index of Exhibits
Exhibit A
Scope of Work
Exhibit B
DBE Participation
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D
Prime Consultant Cost Computations
Exhibit E
Sub -consultant Cost Computations
Exhibit F
Title VI Assurances
Exhibit G
ib it
Certification Documents
T ; . tom'
14
Exhibit I
bi! I sur-ealee !Her -ease -
Alleged Consultant Design Error Procedures
Exhibit J
Consultant Claim Procedures
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
Agreement Number
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 East Wenatchee
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
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 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 UDBE, the Consultant shall continue their outreach efforts to provide SBE
firms maximum practicable opportunities.
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. Non -minority, woman owned DBEs does not count towards UDBE goal
attainment_
All Reports, PS' TE materials, and other data furnished to the CONSULTANT by the AGE,` -,ICY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be
without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY:
Name: Tom Wachholder
Agency: City of East Wenatchee
Address: 271 9th St N.E.
City: East Wenatchee State: WA Zip: 98802
Email: twachholder@eastwenatcheewa.gov
Phone: 509-884-1829
Facsimile:
IV. Time for Beginning and Completion
If to CONSULTANT:
Name: Josh Fedora
Agency: KPG, P.S.
Address: 23 S Wenatchee Ave St 223
City: Wenatchee State: WA Zip: 98801
Email: josh@kpg.com
Phone: 509-663-2711
Facsimile:
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall 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
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 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 Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 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
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 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 contract. For breach or violation of this warrant, the
AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from
this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of
this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except
regularly retired employees, without written consent of the public employer of such person if he/she will be
working on this AGREEMENT for the CONSULTANT.
Agreement Number:
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Page 6 of 14
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V §
2000d through 2000d-4a)
• Federal -aid Highway Act of 1973 (23
U.S.C. Chapter 3 § 324)
• Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V §
794)
• Age Discrimination Act of 1975 (42
U.S.C. Chapter 76 § 6101 et. seq.)
• Civil Rights Restoration Act of 1987 (Public Law
100-259)
• American with Disabilities Act of 1990 (42
U.S.C. Chapter 126 § 12101 et. seq.)
• 23 CFR Part 200
• 49 CFR Part 21
• 49 CFR Part 26
• RCVS 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.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 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."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If
the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted
under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal
action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State
of Washington, situated in the county in which the AGENCY is located.
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
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 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
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 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: Tom Wachholder
Agency: City of East Wenatchee
Address: 271 9th St N.E.
City: East Wenatchee State: WA Zip: 98802
Email: twachholder@eastwenatcheewa.gov
Phone: 509-884-1829
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
part, 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
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Page 10 of 14
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this
AGREEMENT in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for,
performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an
equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and
(3) other affected terms and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the
AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted
before final payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However,
nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable
for this AGREEMENT, shall not be increased or considered to be increased except by specific written
supplement to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY,
Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying and Exhibit 11G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in
AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in
AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the
CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address
listed in section III "General Requirements" prior to its performance of any SERVICES under this
AGREEMENT.
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by
the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound
by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes,
amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the
parties as a supplement to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting
material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the
terms and conditions thereof.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 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
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 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 party;
(ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is
generally utilized by unaffiliated third parties engaged in the same business or businesses as the
CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that
such records will be released to the requester unless the CONSULTANT obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining
disclosure, the AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure
that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT
notification to the sub -consultant will include the date that such records will be released by the AGENCY to the
requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction
enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or
sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the
CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of
actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub -
consultants' 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
Negotiated Hourly Rate Consultant Agreement Revised O110112020 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.
�0_ature
Signature ,z/ 106, P. S.
Date
411 / go zo
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
Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Page 14 of 14
Project No.
Please see attached Scope of Work
Exhibit A
Scope of Work
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
Exhibit A
Scope of Work
City of East Wenatchee
Sterling Intermediate Safe Routes to School
Project Number SRTS-9909(004)
KPG Project Number 19068B
March 5, 2020
Introduction and Background
The City of East Wenatchee was awarded federal funding through the WSDOT Safe Routes to
School (SRTS) program for design and construction of the Sterling Intermediate Safe Routes to
School project. The project is generally located along 5t" Street between James Avenue and
Grover Avenue, adjacent to Sterling Intermediate School in the City of East Wenatchee. The City
has selected KPG, P.S. (KPG) to lead survey, design, right of way, permitting, and funding
compliance related tasks as needed to develop a complete project design, produce bid ready
construction documents, and provide bid and award services. Construction administration
services may be added as a supplemental agreement.
Project Description
The project includes storm drainage, utility relocations, public outreach, and other coordination as
needed to support the construction of the following project elements:
SIDEWALKS AND BIKE LANES - Install sidewalks to fill path and sidewalk gaps, provide 6-foot bike
lanes on both sides of the street that provide ample bicycle access and also provide a buffer
between pedestrians and vehicles, large sidewalk areas at curb returns, curb ramps and ample
room for groups of students to congregate, and safe transitions to residential side streets.
• Location 1: 5th Street NE (N. Grover Ave. to N. James Ave.) on both sides of the street.
• Location 2: N. James Ave (5th Street NE to 8th Street NE) on both sides of the street.
MINI ROUNDABOUT, RAISED INTERSECTION, AND TRAFFIC CALMING - Install a mini roundabout on
5th Street NE as a traffic calming device to actively discourage high vehicle speeds and provide
safe pedestrian crossings. Lane widths will be 10 feet wide to provide traffic calming effect while
maintaining safe clearances for school buses, transit buses, emergency vehicles, and snow
removal. Narrow lanes also reduce pedestrian crossing distances for students, reducing their
exposure to conflicts with vehicle traffic.
• Location 1: Mini Roundabout where the Sterling bus loop intersects with 5th Street NE
• Location 2: Narrow lanes along 5th Street NE from Grover to James
• Location 3: Narrow lanes along James Avenue from 5th Street NE to 8th Street NE.
• Location 3: Raised Intersection at the Intersection of 5th Street NE and James Avenue.
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
CROSSWALKS: Install crosswalk signage and wide crosswalks to accommodate groups of students
and increase visibility of crossing locations. Crossing distances will be minimized by introducing
narrow lanes, which will also encourage speed reduction.
• Location 1: 5th Street NE at Grover
• Location 2: 5th Street NE at bus loop exit
• Location 3: 5th Street NE at N Iowa Ave
• Location 4: 5th Street NE at N James Ave
• Location 5: N James Ave at 6th Place NE
• Location 6: 81h Street NE at N James Ave
ILLUMINATION: Install roadway illumination at intersections and crosswalks, and along proposed
pedestrian routes, which will greatly increase the safety and visibility of student pedestrians at
night and during low light conditions.
• Location 1: Roadway and sidewalk illumination at every crosswalk and intersection.
• Location 2: Roadway and sidewalk illumination along proposed sidewalks in between intersections.
RECTANGULAR RAPID FLASHING BEACONS (RRFB'S): Install RRFB's at crossing locations within the
project limits that do not include stop control, a mini roundabout, raised intersection, or other
active traffic calming measures.
• Location 1: Crossing at 5th St NE & N Iowa Avenue
• Location 2: Crossing at 6th PI NE & N James Ave
• Location 3: Crossing at 8th St NE & N James Ave
TASK 1— PROJECT MANAGEMENT
Objective: Provide management of staff and resources, monitor and manage the project
budget, monitor and manage the project schedule, coordinate with utility owners, coordinate with
stakeholders, provide QA/QC reviews, provide funding and UDBE goal documentation, and provide
billing and progress reports.
Consultant Responsibilities:
1. Provide contract administration and management, including: billing, accounting, auditing,
and monthly progress reports.
2. Project coordination and management of design schedule, including internal resource
management, subconsultant management, and prioritization of resources.
3. Attend regular client coordination meetings.
4. Attend regular utility and stakeholder coordination meetings.
5. Provide detailed QA/QC reviews of all project deliverables at each submittal milestone.
6. UDBE documentation and funding coordination.
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I :i
Assumptions:
1. Invoices and progress reports will be submitted monthly via email in KPG format.
2. Invoices will be addressed to the City of East Wenatchee. No coordination will be made with
funding agencies for the release of project funds.
3. The project duration will be for approximately 12 months.
4. Client coordination meetings will be limited to two per month, or 24 meetings total.
5. Utility and stakeholder coordination meetings will be limited to 1 per month or 12 total.
6. Work will be completed in conjunction with the Kenroy Elementary Safe Routes to School
project as one single mobilization.
City Responsibilities:
1. Facilitate coordination with other agencies, attend meetings, and provide review of
deliverables as needed.
2. The City will coordinate meetings that require Consultant participation at least one (1) week
in advance of the meeting date.
Deliverables:
1. Monthly progress reports.
2. Monthly invoices.
3. Meeting agendas, minutes, and coordination materials.
4. WSDOT/FHWA funding compliance documentation.
5. UDBE documentation.
TASK 2 — GEOTECHNICAL DESIGN( DBESubconsultant)
Objective: HWA Geosciences Inc. will conduct a geotechnical investigation of the project site
including soil analysis as necessary to provide project design parameters and recommendations
for: trenching, paving, walls, general earthwork, and values for stormwater infiltration suitable for
the stormwater design.
Consultant Responsibilities:
1. Project setup and coordination.
2. Prepare work plans, traffic control plans, and submit for review and approval by the City of
East Wenatchee.
3. Coordination and field location of exploration areas and coordination of utility locates.
4. Mobilization and demobilization to and from the project site.
5. Excavate four test pits, field classify soils and collect soil samples for laboratory testing.
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23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
6. Core existing pavement in four locations using a 6-inch diameter core drill. Perform shallow
(approximately 2-foot deep) hand auger excavations through the pavement core to assess
subgrade soils. Place coring locations in known project pavement removal areas. Patch
with cold -patch to match existing asphalt thickness.
7. Prepare pavement core and test pit excavation logs and assign laboratory testing of
excavated material.
8. Perform engineering analysis related to retaining walls, pavement repair, and general
earthwork.
9. Conduct Small Scale Pilot Infiltration Test (PIT) at 2 locations in accordance with the 2019
Stormwater Management Manual for Eastern Washington.
10. Log excavation through each PIT the day after running the test to view and sample the
receptor soils. Prepare excavation logs and assign laboratory testing of excavated material.
11. Perform engineering analysis related to stormwater infiltration.
12. Prepare a draft report presenting the results of infiltration rates, subsurface investigations,
and design recommendations.
13. Finalize the report upon receipt of review comments.
Assumptions:
1. Work will be completed in conjunction with the Kenroy Elementary Safe Routes to School
project as one single mobilization.
2. Pavement coring locations will be located within areas that are proposed for removal
during construction. Coring locations will not be placed within the wheel path.
3. Cold patch will be an adequate temporary patch for coring activities. Final patching will be
achieved during project construction and no interim maintenance of the cold patch will be
provided by the Consultant.
4. A fire hydrant will be used as the water source for PIT tests.
City Responsibilities:
1. Facilitate coordination of field work as needed and provide review of deliverables.
Deliverables:
1. Draft Geotechnical Report
2. Final Geotechnical Report
TASK 3 — CULTURAL RESOURCES (Subconsultant)
Objective: Plateau Archeological Investigations, LLC will provide a cultural resource investigation
of the impacted areas and identify any cultural resources which may be adversely affected by the
project in accordance with the requirements of Section 106 of the National History Preservation
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Act (NHPA) and consider the impacts to any potential historic properties prior to ground -disturbing
activities.
Consultant Responsibilities:
1. Provide a cultural resource investigation of the area to be impacted by the project and
identify any cultural resources which may be adversely affected by the project.
2. Perform a review of the Information System for Architectural and Archeological Records
Data (WISAARD) database maintained by the Department of Archeology and Historic
Preservation (DAHP) publicly available background literature to help identify potential
traditional cultural properties.
3. Provide informal contact with interested tribe(s) for additional background information on
potential cultural properties.
4. Perform a pedestrian ground survey. Field work will be performed in a manner consistent
with RCW 27.53.030 and will include inspection techniques to identify both surface and
subsurface archaeological resources. The proper field methods will be completed, at the
archaeologist's discretion, depending upon information obtained during the background
review and fieldwork. An unmanned aerial vehicle may be deployed for project mapping.
Subsurface inspections could involve shovel excavations, or mechanical auger excavations,
and screening of the fill to identify the nature and extent of any potential archaeological
resources.
5. Perform an inventory to the DAHP's Historic Property Inventory (HPI) database of
approximately 25 structures that lie along the project route.
6. Prepare a cultural assessment report for the project including an inadvertent discovery
plan if required by the funding or permitting agency.
Assumptions:
1. This proposal does not include interviewing tribal elders.
2. If cultural resources are located during this project, further work, investigation, or analysis
may be required to evaluate whether the resource(s) is/are eligible for inclusion on the
National Register of Historic Places; this survey could result in a recommendation for
professional archaeological monitoring during excavation activities at project execution or
other additional work; any such additional work, investigation, evaluation, or analysis is not
included in this price proposal.
3. This proposal does not include the formal National Register of Historic Places (NRHP)
evaluation of any such structures in or near the APE whose evaluation may be requested by
interested or other parties.
4. Work will be completed in conjunction with the Kenroy Elementary Safe Routes to School
project as one single mobilization.
City Responsibilities:
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23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpq.com
1. Facilitate coordination of field work as needed.
2. Review and comment on the draft report within 25 days of receiving the draft report
Deliverables:
1. Cultural Resource Assessment Report, Draft
2. Cultural Resource Assessment Report, Final
3. Upload of the final report to DAHP's WISAARD portal or assist with submissions and
development of cover sheets as requested by the City or funding partners.
TASK 4 —TOPOGRAPHIC SURVEY (UDBE Subconsultant)
Objective: Saez Consulting Engineers, Inc. (Saez), as a subconsultant to KPG, will provide
topographic survey field work services. Survey field work will include adequate survey limits as
needed for a complete project design. Saez will provide survey field data to KPG for processing
development of a project basemap.
Consultant Responsibilities:
1. Topographic field survey and collection of data for the project area.
Assumptions:
1. No traffic control will be required for survey field work.
2. Work will be completed in conjunction with the Kenroy Elementary Safe Routes to School
project as one single mobilization.
City Responsibilities:
1. Facilitate coordination of field work and access as needed.
Deliverables:
1. Topographic survey data and field notes.
TASK 5 — SURVEY BASEMAP AND RIGHT OF WAY PLANS
Objective: Direct the activities of survey subconsultant, provide survey base -maps for use as the
basis for civil design, review title reports, prepare right of way plans, legal descriptions, exhibits,
and figures.
Consultant Responsibilities:
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M ;4
1. Identification and field marking of the survey limits. Provide one -call utility locates prior to
topographic survey.
2. Processing of survey field data and produce CAD base -map and topographical surface
model suitable to provide the basis for project design.
3. Review title reports and produce CAD based map of existing right of way and easements.
4. Prepare right of way plans suitable for certification of right of way.
5. Prepare right of way exhibits for use on acquisition activities.
6. Provide staking of right of way as needed to support negotiations.
7. Coordinate and back check right of way plans against acquisition documents.
Assumptions:
1. Work will be limited to tasks that are permitted under the PE Phase until the RW Phase is
authorized by WSDOT.
2. Work will be completed in conjunction with the Kenroy Elementary Safe Routes to School
project as one single mobilization.
City Responsibilities:
1. Facilitate coordination of field work and access as needed.
Deliverables:
1. Emails and meeting notes as needed.
2. Survey base map
3. Right of way plans
4. Legal descriptions with exhibits
TASK 6 — RIGHT OF WAY SERVICES (Subconsultant)
Objective: Tierra Right of Way Services Ltd. (Tierra) will provide right of way advisory services
and guidance during the PE phase. Additional services, including but not limited to estimates,
negotiation, and acquisition will be added as a supplement to this agreement after WSDOT R/W
authorization.
Consultant Responsibilities:
1. Attend meetings, respond to phone calls, emails and other communication to advise the
preliminary planning of right of way activities.
Assumptions:
Pagc 17
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpq.com
1. After pending WSDOT changes to Project Funding Estimate (PFE) requirements and other
PE phase Right of Way activities are made official, additional right of way services will be
covered under a supplement to this Agreement.
2. An allowance has been provided for this work. It is anticipated that the dollar amount of
the allowance will not be fully utilized under this scope of work and the remaining funds
will be utilized for estimating, negotiation, and acquisition related tasks under a
supplement to this Agreement.
3. Work will be limited to tasks that are permitted under the PE Phase until the RW Phase is
authorized by WSDOT.
City Responsibilities:
1. None
Deliverables:
1. Emails and meeting notes as needed.
TASK 7 — NEPA CE & ENVIRONMENTAL DOCUMENTATION
Objective: Prepare National Environmental Policy Act (NEPA) Categorical Exclusion form for
NEPA compliance and acquire the required regulatory approvals needed for project construction.
Consultant Responsibilities:
1. Prepare and submit the WSDOT NEPA CE and supporting documentation.
2. Prepare and submit applicable Department of Ecology (DOE) permits/authorizations.
Assumptions:
1. This project will result in a NEPA categorically excluded environmental classification.
City Responsibilities:
1. Provide any available supporting information and facilitate coordination with regulatory
agencies as needed.
Deliverables:
1. NEPA CE form in pdf or hard copy format including all supporting documents.
2. Applicable DOE permit applications and supporting documents.
Page 18
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663,2711 www.kpq.com
TASK 8 — PUBLIC INVOLVEMENT
Objective: Provide outreach to the general community that clearly communicates the proposed
project design, document feedback, and incorporate information gathered from the community
into the project. Also provide one-on-one meetings and coordination with adjacent property
owners who are affected by the project.
Consultant Responsibilities:
1. Prepare a plan for public involvement to provide a basis for efficient organization of
meetings and materials.
2. Prepare meeting content, notifications, boards, plans, and other materials needed for
public meetings. Content will be provided in English and Spanish as needed.
3. Plan, prepare, setup, and staff one (1) public open house.
4. Coordinate and attend up to 15 one-on-one property owner meetings.
5. Plan, prepare, and implement SRTS education component.
6. Document public involvement activities in a Public Involvement Summary Report.
Assumptions:
1. Outreach meetings and other activities will be combined with the Kenroy Elementary Safe
Routes to School project public outreach activities.
2. Meeting rooms and venues will be provided at no cost to the Consultant
3. Notifications and flyers will be mailed and distributed at no cost to the Consultant
City Responsibilities:
1. Provide review and input on public involvement activities.
2. Attend meetings and assist with coordination as needed.
3. Distribute flyers, mailers, and other notifications.
4. Assist Consultant as needed for implementation of the SRTS education component.
Deliverables:
1. Plan for Public Involvement.
2. Meeting notifications.
3. Meeting content to include graphics mounted on full size boards and roll plots as needed.
4. Public Involvement Summary Report.
Page 19
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpq.com
TASK 9 — PROJECT CIVIL DESIGN
Objective: Provide a comprehensive bid ready design package for the project including
coordination, review submittals, engineering analysis, modeling, reports, plans, specifications, and
estimates.
Consultant Responsibilities:
1. Prepare and submit a 15% level design roll plot to establish project parameters and initiate
coordination before proceeding to 30% design. Anticipated tasks related to the
development of the 15% design submittal include:
• Prepare a roadway alignment plan and profile based on topographical survey
• Identify the preferred stormwater infiltration method in a technical design memo (2
page max) to be used as the basis for subsequent project design.
• Develop a preliminary stormwater conveyance layout for the project.
• Develop a lighting standard for the project that will be used as the basis for
subsequent illumination design.
• Provide preliminary illumination modeling, an illumination pole layout, and identify
electrical service needs.
• Identify potential utility conflicts and design avoidance alternatives.
• Initiate coordination with utility owners.
• Initiate coordination with the Eastmont School District.
• Initiate coordination with LINK Transit.
2. Prepare and submit 30% level design plans and construction cost estimate. Anticipated
tasks and design elements covered in this submittal include:
• Utility and Stakeholder Coordination
• Typical Sections
• Roadway Plans and Profiles
• Stormwater Plans and Profiles
• Utility Relocation Plans
• Signal and Illumination Plans
• Landscape and Site Restoration Plans
• Quantity Take -offs and Cost Estimate
• Prepare documentation for a Public Interest Finding (PIF) to use at the basis of
justification of tied bids with the Kenroy Elementary Safe Routes to School project.
3. Prepare and submit 60% level design plans, specifications, and construction cost estimate.
Tasks and design elements covered in this submittal will build upon plan elements
Page 110
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
identified in the 30% submittal. Anticipated tasks and design elements covered in this
submittal include:
• Incorporate 30% comments and produce 60% plans
• Utility and Stakeholder Coordination
• Detail Sheets
• Site Preparation Plans
• Channelization and Signing Plans
• Construction Traffic Control Plans
• Quantity Take off and Cost Estimate
• Project Specification Package
4. Prepare and submit 90% level design plans, specifications, and construction cost estimate.
Anticipated tasks and design elements covered in this submittal will build upon plan
elements identified in the 60% submittal. Anticipated tasks and design elements covered
in this submittal include:
• Incorporate 60% comments and produce 90% plans and specs
• Utility and Stakeholder Coordination
• Quantity Take off and Cost Estimate
5. Prepare and submit bid ready design documents. Anticipated tasks and design elements
covered in this submittal will build upon plan elements identified in the 90% review
submittal. Anticipated tasks and design elements covered in this submittal include:
• Incorporate 90% comments and produce Bid Document plans and specifications.
• Submit draft Bid Documents to WSDOT for final review and bid authorization.
• Utility and Stakeholder Coordination.
• Quantity Take off and Final Engineer's Estimate.
Assumptions:
1. Schedule of deliverables for this project will be concurrent with schedule of deliverables for
the Kenroy Elementary Safe Routes to School project.
2. Specifications will be in WSDOT format and will utilize the most current edition of WSDOT's
Standard Specifications for Road, Bridge, and Municipal Construction.
City Responsibilities:
1. Facilitate coordination with utilities and stakeholders as needed.
Page111
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpq.com
2. Provide timely review of deliverables.
3. Attend meetings as needed.
Deliverables:
1. 15% design level roll plot.
2. Technical design memo for preferred stormwater management design.
3. Technical design memo for project illumination standards.
4. 30% design level plans and construction cost estimate.
5. 60% design level plans, specifications, and construction cost estimate.
6. 90% design level plans, specifications, and construction cost estimate.
7. Public Interest Finding (PIF).
8. WSDOT Review Submittal.
9. Bid ready plan, specifications, and construction cost estimate.
10. Stormwater site plan.
TASK 10 — BID AND AWARD SERVICES
Objective: Provide support and assistance to the City in all aspects of the bidding and award
process, including bid review and recommendation of award.
Consultant Responsibilities:
1. Prepare bid advertisement(s) for publication for City review and use.
2. Respond to bidder inquiries. Prepare and distribute addenda if needed (after approval by
WSDOT Local Programs)
3. Attend bid opening.
4. Review bidder's qualifications and provide recommendation for award.
Assumptions:
1. The project will include no more than two addenda.
City Responsibilities:
1. The City will coordinate and pay for bid advertisements.
2. The City will host and lead the bid opening.
3. The City will develop the bid tabulation.
Deliverables:
1. Electronic and hard copy files of all plans, specifications, estimates, and addenda.
2. Draft advertisement for publication.
Page 1 12
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
M :i Sc;
3. Bid documents to utility companies and plan centers.
4. Recommendation for award.
TASK 11— CONSTRUCTION SERVICES
Services during construction, if requested by the City, will be included in a supplement to this
Consultant Agreement.
Page 113
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.663.2711 www.kpg.com
Exhibit B
DBE Participation Plan
In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE
maximum practicable opportunities.
This project has a UDBE goal of 9%. KPG will meet this goal by utilizing two different UDBE
certified subconsultants.
HWA GeoSciences Inc.
- Cert #D5F0024692
- Budget $28,533.00
- Geotechnical services as described in Task 2
Saez Consulting Engineers
-Cert #D5M0019808
- Budget $10,835.38
- Topographic Survey as described in Task 4
Total commitment to UDBE: $39,368.38
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
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
Please see Scope of Work
B. Roadway Design Files
Please see Scope of Work
C. Computer Aided Drafting Files
Please see Scope of Work
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
D. Specify the Agency's Right to Review Product with the Consultant
Please see Scope of Work
E. Specify the Electronic Deliverables to Be Provided to the Agency
Please see Scope of Work
F. Specify What Agency Furnished Services and Information Is to Be Provided
Please see Scope of Work
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
II. Any Other Electronic Files to Be Provided
Please see Scope of Work
III. Methods to Electronically Exchange Data
Please see Scope of Work
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
A. Agency Software Suite
Please see Scope of Work
B. Electronic Messaging System
Please see Scope of Work
C. File Transfers Format
Please see Scope of Work
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
Exhibit D
Prime Consultant Cost Computations
Please see attached Exhibit D
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
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KPG, PS
Summary of Negotiated Costs - Sterling Intermediate Safe Routes to School
Effective January 1, 2020 through December 31, 2020
Classification
Est Direct Salary
Costs (DSC)
Office Overhead
@1.2774
Of DSC
Fee @ 35% of DL
of DSC
2020 Inclusive Rate
(Rounded to $1)
x Labor Hours
=
Cost
Principal
Engineering Manager
88.10
79.55
112.53
101.61
30.83
27.84
231
209
4.00
10.00
$
$
924.00
2,090.00
Senior Engineer _
69.67
88.99
24.38
183
92.00
$
16,836.00
Sr. Project Engineer
62.94
80.40
_
22.03
165
390.00
$
64,350.00
Project Engineer _
53.00
67.71
18.55
139
364.00
$
50,596.00
Design Engineer
44.45
56.78
15.56
117
162.00
$
18,954.00
Engineering Technician
37.86
48.37
13.25
99
150.00
$
14,850.00
Technician
34.83
44.49
12.19
92
$
-
Engineering Assistant
29.06
37.13
10.17
76
$
Principal Architect
75.72
96.73
26.50
199
$
-
Aviation Manager
69.67
88.99
24.38
183
$
-
Senior Architect
57.11
72.95
19.99
150
$
-
Architecture Technician II
44.45
56.78
15.56
117
$
-
Architecture Technician 1
37.86
48.37
13.25
99
$
-
Survey Manager
79.55
101.61
27.84
209
$
-
Survey Crew 11 W/E ui
81.90
104.62
28.67
215
10.00
$
2,150.00
Survey Crew I W/E ui
63.11
80.61
22.09
166
$
-
Project Surveyor
53.00
67.71
18.55
139
$
-
Survey Technician
44.45
56.78
15.56
117
$
-
Survey Assistant
29.06
37.13
10.17
76
$
-
Urban Design Manager
62.94
80.40
22.03
165
$
-
Pro'ect Landscape Architect
48.48
61.93
16.97
127
38.00
$
4,826.00
Landscape Technician
34.83
44.49
12.19
92
$
-
Senior Transportation Planner
57.11
72.95
19.99
150
$
Transportation Planner
37.86
48.36
13.25
99
$
-
Senior Construction Manager
79.55
101.61
27.84
209
$
-
Construction Manager
62.94
80.40
22.03
165
$
-
Senior Resident Engineer
53.00
67.71
18.55
139
$
-
Resident Engineer
47.31
60.44
16.56
124
$
-
Construction Office Engineer
47.31
60.44
16.56
124
$
-
Senior Construction Inspector
48.48
61.93
16.97
127
$
-
Construction Inspector 11
41.90
53.52
14.66
110
$
-
Construction Inspector 1
34.83
44.49
12.19
92
$
-
Construction Technician
29.06
37.13
10.17
76
$
-
Document Control Specialist
43.54
55.62
15.24
114
$
-
Document Control Admin
29.06
37.13
10.17
76
$
-
Construction Assistant
29.06
37.13
10.17
76
$
-
CAD Manager
57.11
72.95
19.99
150
$
-
Senior CAD Technician
44.45
56.78
15.56
117
$
-
CAD Technician
37.86
48.37
13.25
99
$
-
Business Manager
57.11
72.95
19.99
150
$
-
Senior Admin
43.54
55.62
15.24
114
$
-
Office Admin
34.83
44.49
12.19
92
58.00
$
5,336.00
Office Assistant
29.06
37.13
10.17
76
$
-
Labor
1,278.00
$
180,912.00
Reimbursables
Mileage
$ 0.575
90.00
$
51.75
Title Reports:
$ 500.00
18.00
$
9,000.00
Subconsultant Costs:
$
54,313.66
Subconsultant Markup (0%)
Total Subconsultant
$
$
-
54,313.66
Grand Total
$
244,277.41
Washington State
w, Department of Transportation
July 15, 2019
KPG, P.S.
3131 Elliott Ave, Suite 400
Seattle, WA 98121
Transportation Building
310 Maple Park Avenue S.E.
RO. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY. 1-800-833-6388
www.wsdot.wa.gov
Subject: Acceptance FYE 2018 ICR — Risk Assessment Review
Dear Susan Rowe:
Based on Washington State Department of Transportation's (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2018 ICR of 127.74%. This rate will be applicable for 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
con sultan trates amsdot.wa. ov.
Regards;
Jonson, Erik
Jul 16 2019 12:28 PM
ERIK K. JONSON
Contract Services Manager
cosiSn
Acceptance ICR Audit Office Review
Exhibit E
Sub -consultant Cost Computations
The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT
without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this AGREEMENT.
HWA GeoSciences, Inc. UDBE $28,533.00
Plateau Archaeological Investigations, LLC - $7,866.64
Survey Field Work Saez Consulting (SCE) (UDBE) - $10,835.38
Tierra - Right -of -Way Services - $7,058.64
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
WA
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wrWashington Mate
o Department of Transportation
June 18, 2019
HWA GeoSciences, Inc.
21312 30th Drive SE, Suite 110
Bothell, WA 98021
Subject: Acceptance FYE 2018 ICR — CPA Report
Dear Vasiliy Babko:
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY: 1-800-833-6388
www.wsdot.wa.gov
We have accepted your firms FYE 2018 Indirect Cost Rate (ICR) of 175.44% of direct
labor (rate includes 0.39% Facilities Capital Cost of Money) based on the "Independent
CPA Report," prepared by T-Max CPA. 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 the firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates ar,wsdot.wa.gov.
Regards;
Jonson, Erik
Jun 19 2019 1:04 PM
cosign
ERIK K. JONSON
Contract Services Manager
EKJ:ah
Acceptance ICR CPA Report
HWA GEOSCIENCES, INC.
STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD
FOR THE YEAR ENDED DECEMBER 31, 2018
GL Account Unallowable
Description Balance Costs FAR Ref
Direct Labor
$
1,318,494
$
-
Fringe Benefits:
Bonuses
$
86,395
$
-
PTO
276,310
-
401 k
69,052
-
Employee group insurance
183,329
-
Workers' comp
6,574
-
Payroll taxes
169,173
(1,361)
Other employee benefits
5,062
-
Total Fringe Benefits
$
795,895
$
(1,361)
General Overhead:
Indirect labor
$
657,070
$
(30,216)
Bid and proposals
64,771
-
Automobile expense
19,491
-
Advertising and marketing
34,750
(34,750)
Bank service charges
2,638
-
Contributions
1,095
(1,095)
Computer and software expenses
107,268
-
Depreciation and amortization
42,048
-
Dues and subscriptions
5,155
-
Insurance
103,347
-
Interest
18,585
(18,585)
Maintenance and repairs
11,834
-
Meals and entertainment
3,712
(184)
Office supplies and postage
18,752
(26)
Printing
17,852
-
Professional fees
59,938
(1,215)
Seminars and professional education
29,507
(2,073)
Supplies
45,184
-
Rent and utilities
260,805
-
Taxes and licenses
165,185
(81,400)
Telecommunications
44,086
(34)
Travel
9,164
(1,449)
Recovery
(24,376)
(13,313)
Total General Overhead
$
1,697,861
$
(184,340)
Total Fringe Benefits and General Overhead $ 2,493,756 $ (185,701)
Facilities Capital Cost of Money (FCCM)
(1)
(2)
(2)
(3)
(4)(5)
(6)
(7)
(8)
(6)(9)(10)
Total % of Direct
Proposed Labor
$ 1,318,494
$ 86,395
276,310
69,052
183,329
6,574
167,812
5,062
$ 794,534 60.26%
$ 626,854
64,771
19,491
2,638
107,268
42,048
5,155
103,347
11,834
3,528
18,726
17,852
58,723
27,434
45,184
260,805
83,785
44,052
7,715
11,217 4QM
$ 1,513,521 114.79%
$ 2,308,055 175.05%
$ 5,111 0.39%
See notes to the indirect cost statement.
Page 13
HWA GEOSCIENCES, INC.
DESCRIPTION OF FAR REFERENCES
FOR THE YEAR ENDED DECEMBER 31, 2018
(1) 31.201-6 (a) Accounting for unallowable costs - When an unallowable cost is incurred, its directly associated costs are also unallowable.
(2) 31.205-1 (f) (1) Public relations and advertising costs - All public relations and advertising costs whose primary purpose is to promote the
sale of products or services by stimulating interest in a product or product line, or by disseminating messages calling favorable attention to
the contractor for purposes of enhancing the company image to sell the company's products or services are unallowable.
(3) 31.205-8 Contributions or donations - Contributions or donations, including cash, property and services, regardless of recipient, are
unallowable.
(4) 31.205-20 - Interest and other financial costs - Interest on borrowings (however represented) are unallowable.
(5) 31.205-15 (a) Fines, penalties, and mischarging costs - Costs of fines and penalties resulting from violations of, or failure of the contractor to
comply with, Federal, State, local, or foreign laws and regulations, are unallowable.
(6) 31.205-14 Entertainment costs — Costs of amusement, diversions, social activities, and any directly associated costs such as tickets to shows
or sports events, meals, lodging, rentals, transportation, and gratuities are unallowable.
(7) 31.205-13 (b) Employee morale, health, welfare, food service, and dormitory costs and credits - Costs of gifts are unallowable.
(8) 31.202 (a) Direct costs - Direct costs of the contract shall be charged directly to the contract.
(9) 31.201-2 (d) Determining allowability - Costs not supported with documentation are unallowable.
(10) 31.205-51 Costs of alcoholic beverages - Costs of alcoholic beverages are unallowable.
(11) 31.205-41 (b) (7) Taxes - Income tax accruals designed to account for the tax effects of differences between taxable income and pretax
income as reflected by the books of account and financial statements are unallowable.
(12) 31.201-1 (a) Composition of total costs - Costs unrelated to labor based contracts should be eliminated from the overhead calculation.
Page 14
PLATEAU*
ARCHAEOLOGICAL INVESTIGATIONS, LLC
P.O. Box 714, Pullman, Washington 99163
Consultant Cost Computations
Sterling Intermediate SRTS
Direct Salary Cost (Composite)
Breakdown at Work
Hours
Rate of Pay
Estimated Cost
Principal Investigator
10
36.00
360.00
Project Manager
0
0.00
0.00
GIS Specialist
8
29.25
234.00
Project Archaeologist
58
18.50
1,073.00
Field Archaeologist
0
0.00
0.00
Architectural Historian
68
22.00
1/496.00
Adminstrative Support
0
0.00
0.00
Totals 144
3,163.00
Overhead Cost (Including payroll additives) 95.3%
Fixed Fee
Reimbursibles:
Lodging ($95/nt x 2 nts)
M&IE ($55 day x 3 days)
Mileage (430 miles x 0.575)
35.0%
190.00
165.00
247.25
Postage 0.00
Field Supplies 0.00
Total 602.25
3,014.34
1/107.05
602.25
Grand Total $7,886.64
Aft
Washington State
wo Department of Transportation
August 1, 2019
Plateau Archeological Investigations, LLC
P.O. Box 714
Pullman, WA 99163
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY: 1-800-833-6388
www.wsdot.wa.gov
Subject: Acceptance FYE 2018 ICR — Risk Assessment Review
Dear David Harder:
Based on Washington State Department of Transportation's (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2018 ICR of 95.30% 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
consultantrates(&,wsdot.wa.2ov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ: ah
Acceptance ICR Audit Office Review
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Aft
Washington State
TA Department of Transportation
May 13, 2019
Saez Consulting Engineers, Inc.
748 Winslow Way East
Bainbridge Island, WA 98110
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY. 1-800-833-6388
www.wsdot.wa.gov
Subject: Acceptance FYE 2018 ICR — Audit Office Review
Dear Tina Berge:
Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your
firm's FYE 2018 Indirect Cost Rate (ICR) of 85.49%. 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
consultantrates(&,,wsdot.wa.gov.
Regards;
Jonson, Erik
• May 13 2019 2:13 PM
cosign
ERIK K. JONSON
Contract Services Manager
EKJ:mya
Exhibit B
1 of 3
Acceptance ICR Audit Office Review
Saez Consulting Engineering Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31, 2018
Financial
Statement WSDOT Accepted
Description Amount SCE Adj. Adj. Ref. Amount %
Direct Labor $474,735 $101,611 Q $576,346 100.00%
Indirect Costs:
Fringe Benefits/Payroll Expenses
PTO
$29,804
$29,804
5.17%
Holiday Pay
14,238
14,238
2.47%
Bonus
8,000
8,000
1.39%
Payroll Taxes
61,516
61,516
10.67%
Medical Insurance
40,635
40,635
7.05%
WA UI
11,590
11,590
2.01%
401k
6,325
6,325
1.10%
HSA
10,390
10,390
1.80%
Total Fringe Benefits
$182,498
$0
$0
$182,498
31.66%
General Overhead
Indirect Labor
$65,506
$65,506
11.37%
Officer Wages
144,620
($65,111) P, Q
79,509
13.80%
Bid & Proposal Labor
1,128
1,128
0.20%
Depreciation & Amortization
20,002
($16,002)
L
4,000
0.69%
Advertising
775
(775)
A
0
0.00%
Charitable Cont
225
(225)
N
0
0.00%
Clothing/Work Gear
767
(720)
M
47
0.01%
Continuing Education
500
500
0.09%
Auto Expense
21,046
(20,673)
K
373
0.06%
Service Charges
859
(859)
B
0
0.00%
Dues & Subscriptions
3,868
3,868
0.67%
Employee Reimbursements
1,626
1,626
0.28%
Insurance
22,864
22,864
3.97%
Licenses and Permits
2,590
2,590
0.45%
Meals
4,877
(1,147)
E,G,H
3,730
0.65%
Miscellaneous
799
(35)
J
764
0.13%
Office Supplies
3,695
3,695
0.64%
Postage & Delivery
147
147
0.03%
Printing
444
444
0.08%
Professional Fees
9,248
(1,615)
C
7,633
1.32%
Legal Fees
540
(540)
D
0
0.00%
Rent
45,033
(8,998)
O
36,035
6.25%
Repairs
902
902
0.16%
Entertainment
1,843
(1,843)
F
0
0.00%
Travel
9,004
(539)
E, G
8,465
1.47%
Utilities
5,887
(1,238)
1
4,648
0.81%
Computer
22,275
22,275
3.86%
Payroll Service
1,733
1,733
0.30%
Shipping
43
43
0.01 %
Recruitment
521
521
0.09%
Exhibit B
2of3
1
Saez Consulting Engineering Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31, 2018
Financial
Statement WSDOT
Description Amount SCE Adj. Adj.
Taxes
Tools & Small Machinery
Reimbursed Expenses
Professional Activities
Total General Overhead
Total Indirect Costs & Overhead
Accepted
Ref. Amount
29,744
29,744
5.16%
7,640
7,640
1.33%
(465)
(465)
-0.08%
265
265
0.05%
$430,551 ($55,209) ($65,111)
$310,231
53.83%
Indirect Cost Rate 129.13% 117.51% 85.49%
Saez Consulting Engineering Inc. - Reviewed & Accepted by KK 51612019
"Indirect Cost Rate still subject to WSDOT Audit"
References
Saez Consulting Engineer Inc. Adjustments:
A 48 CFR 31.205-1(f) Unallowable website design, domain, gift
B 48 CFR 31.205-20 credit card fees
C 48 CFR 31.201-4 Tax return prep $1,615
D 48 CFR 31.205-27(a) & 31.205-47(f)(2) Legal fees for potential merger $540
E 48 CFR 31.205-51 Alcoholic beverages unallowable. 48 CFR 31.205-2(d) 31.201-3(a) & 31.201-4 Missing receipt.
F 48 CFR 31.205-14 Unallowable entertainment
G 48 CFR 31.205-2(d) 31.201-3(a) & 31.201-4 Missing receipt.
H 48 CFR 31.205-14 Employee Morale unallowable company meals.
I 48 CFR 31.201-4 Cell phone; unallowable as do not track personal vs. business.
J 48 CFR 31.201-4 Private expense
K 48 CFR 31.205-46(d) and 48 CFR 31.205-6(m)(2) Unallowable mileage
L 48 CFR 31.205-11 Unallowable bonus depreciation
M 48 CFR 31.201-4 Unallocable
N 48 CFR 31.205-8 Charitable donations unallowable
O 48 CFR 31.205-36(b)(3) Unallowable common control rent
WSDOT Adjustments:
P $36,500 adjustment to include Owner Draws paid as salary per 48 CFR 31.201-4 & 48 CFR 31.201-2
Q Adjustment to reallocate Officer direct labor ($101,611) to the direct labor base per 48 CFR 31.201-4
85.49%
2
Exhibit B
3of3
Tierra Right of Way
Exhibit D
City fo East Wenatchee, Sterling Intermediate Safe Routes to School
Labor Classification
Hours
Direct Salary
OH
Fixed Fee
Total
Total Amount
Project Management & Right of Way Advisory Services
124.47%
30.00%
Division Manager
1
$
62.50
$
77.79
$
18.75
$ 159.04
$
159.04
ROW Division Manager
4
$
52.88
$
65.82
$
15.86
$ 134.56
$
538.25
Project Manager
8
$
39.85
$
49.60
$
11.96
$ 101.41
$
811.25
Right of Way Agent
40
$
27.00
$
33.61
$
8.10
$ 68.71
$
2,748.28
Administrative Assistant
4
$
23.00
$
28.63
$
6.90
$ 58.53
$
234.11
Right of Way Technician
40
$
25.00
$
31.12
$
7.50
$ 63.62
$
2,544.70
01
Direct Reimbursibles
Travel (Mileage)
40
Miles
$ 0.575
$ 23.00
Travel (Lodging)
0
Night
$ -
$ -
Travel (Meals)
0
Day
$ -
$ -
Postage
0
Total
$ -
$ -
Toll
0
Each Trip
$ -
$ -
Parcel Files
0
Pages
$ -
$ -
Reproduction - 11 "x17"
0
Sheets
$ -
$ -
Reproduction - 24"x36"
0
Sheets
$ -
$ -
Q OQ nn
$ 7,035.64
Direct Reimbursible Subtotal $ 23.00
Total Maximum Amount Payable $ 71058.64
Page 1 of 1
Adw
wrWashington State
o Department of 'Transportation
August 9, 2019
Tierra Right of Way, Ltd
1575 E. River Road, Suite 201
Tuscon, AZ 85718
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY 1-800-833-6388
www.wsdot.wa.gov
Subject: Acceptance FYE 2018 ICR — Risk Assessment Review
Dear Keith Ganske:
Based on Washington State Department of Transportation's (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2018 ICR of 124.47% of direct labor (rate includes 0.60% Facilities Capital Cost
of Money). This rate will be applicable for WSDOT Agreements and Local Agency
Contracts in Washington only. This rate may be subject to additional review if
considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates(&,wsdot.wa.gov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
Acceptance ICR Audit Office Review
Exhibit F
Title V/ Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2 Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub -contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4 Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with
such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is
in the exclusive possession of another who fails or refuses to furnish this information, the
CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as
a means of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the
interests of the United States.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
Exhibit G
Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-I(b) Certification of City Of East Wenatchee
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
KPG, P.S.
whose address is
23 South Wentchee, Suite 223 Wenatchee, WA 98801
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 thisAGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind
for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly
stated (if any);
I acknowledge that this certificate is to be furnished to the
Washington State Department of Transportation (WSDOT)
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.
KPG, P.S.
Consultant (Firm Name)
Z __ -
Si17
ure (Authorized Official of Consultant)
:5 /// /?-,:v 0-C
Date
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
Exhibit G-1(b) Certification of City of East Wenatchee
I hereby certify that I am the:
0 Certified Authority
❑ Other
of the City of East Wenatchee and KPG, P.S.
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; o
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Washington State Dept of Transportation (WSDOT)
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.
,09
9--1,07 - azo.Zo
Date
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
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.
KPG, P.S.
Consultant (Firm Name)
7Siure (Authorized Official of Consultant)
/I( / a
Date
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation,
renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than
$100,000.00 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier sub -contracts, which exceed
$100,000 and that all such sub -recipients shall certify and disclose accordingly.
KPG, P.S.
Consultant (Firm Name)
o
Sign re (Authorized Official of Consultant) Date
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
Exhibit G-4 Certification of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of
the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either
actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of sterling intermediate safe Routes to school * are accurate, complete, and current
as of 3/11/2020 **.
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: KPG, P.S.
zj"V /"
Sign re
Date of Execution
Project Manager,
Title
312/Z0217 *.*:
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised O110112020
Exhibit l
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
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
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
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
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
Negotiated Hourly Rate Consultant Agreement Revised 0110112020
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
Negotiated Hourly Rate Consultant Agreement Revised 0110112020