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HomeMy WebLinkAbout2022-03-01 - Perteet Inc - General Agreements / General Service Agreements - 2021-11Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 2 TIB 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 or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY or such Federal, Community, State, 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 number of hours or days notice required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit B attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, that will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. Goals for Disadvantaged Business Enterprises (DBE), Minority Business Enterprises (MBE), and Women-owned Business Enterprises (WBE) if required shall be shown in the heading of this Agreement. The original copies of all reports, PS&E, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for the PROJECT and are 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 PROJECT, shall be without liability of legal exposure to the CONSULTANT. IV TIME FOR BEGINNING AND COMPLETION The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under 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 or 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. V PAYMENT The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit C attached hereto, and by this reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, Scope of Work. VI SUBCONTRACTING The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement. Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit G, attached hereto and by this reference made a part of this AGREEMENT. The work of the subconsultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that he/she has 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 the 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 or might arise under any Worker'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 CONSULTANTs 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 the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII NONDISCRIMINATION The CONSULTANT agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading, demotion or transfer, recruitment or any recruitment advertising, layoffs or terminations, rates of pay or other forms of compensation, selection for training, rendition of services. The CONSULTANT understands and agrees that if it violates this provision, this AGREEMENT may be terminated by the AGENCY and further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the future unless a showing is made satisfactory to the AGENCY that discriminatory practices have terminated and that recurrence of such action is unlikely. During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the Regulations relative to nondiscrimination in the same manner as in Federally-assisted programs of the Department of Transportation, 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. Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 3 TIB B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, creed, color, sex, age, marital status, national origin or handicap except for a bona fide occupational qualification in the selection and retention of subconsultants, including procurements 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 the contract covers a program set forth in Appendix II of the Regulations. C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANTs obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status, national origin and handicap. D. 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 or TIB to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the AGENCY, or the TIB as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANTs noncompliance with the nondiscrimination provisions of this AGREEMENT, the AGENCY shall impose such sanctions as it or the Transportation Improvement Board may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or 2. Cancellation, termination or suspension of the AGREEMENT, in whole or in part. F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, including procurements 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 subconsultant or procurement as the AGENCY or the Transportation Improvement Board may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT may request the TIB to enter into such litigation to protect the interests of the TIB. G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply with RCW 49.60.180 prohibiting unfair employment practices and the Executive Orders numbered E.O.70-01 and E.O.66-03 of the Governor of the State of Washington. IX TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for fault on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit F for the type of AGREEMENT used. No payment shall be made for any work completed after ten days following receipt by the CONSULTANT of the Notice of Termination. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. In the event the services of the CONSULTANT are terminated by the AGENCY for fault on the part of the CONSULTANT, the above formula for payment shall not apply. In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work 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 work required and the time which maybe required to do so, and other factors which affect the value to the AGENCY of the work 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 the previous paragraph. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANTs failure to perform is without it or its employees fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the project, or, dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. The subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCYs concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. In the event this AGREEMENT is terminated prior to completion, the original copies of all reports and other data, PS&E materials furnished to the CONSULTANT by the AGENCY and documents prepared by the CONSULTANT prior to said termination, shall become and remain the property of the AGENCY and may be used by it without restriction. Such unrestricted use, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Payment for any part of the work 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 work 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 complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 4 TIB Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work 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 XIV. XI DISPUTES Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination 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 the scope of judicial review provided under Washington Case Law. XII VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior Court of the State of Washington, situated in the county the AGENCY is located in. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall 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 the AGENCY is located in. XIII LEGAL RELATIONS AND INSURANCE The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE of Washington, and their officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT’s negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from claims, demands or suits based solely upon the conduct of the AGENCY and the STATE, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT’s agents or employees and (b) the AGENCY and the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the AGENCY and the STATE of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents or employees. The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own employees against 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 CONSULTANT recognizes that this waiver was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of 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 the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Insurance Coverage A. Worker’s compensation and employer’s liability insurance as required by the STATE. B. General commercial liability insurance in an amount not less than a single limit of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including death and property damage per occurrence. Excepting the Worker’s Compensation insurance and any professional liability insurance secured by the CONSULTANT, the AGENCY will be named on all certificates of insurance as an additional insured. 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 14 days of the execution of this AGREEMENT to the AGENCY. 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 shall be limited to the amount payable under this AGREEMENT or one million dollars, whichever is the greater unless modified by Exhibit H. In no case shall the CONSULTANT’s professional liability to third parties be limited in any way. The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to them under other provisions of this AGREEMENT, or otherwise in law. XIV EXTRA WORK A. The AGENCY may at any time, by written order, make changes within the general scope of the 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 work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the 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 the AGREEMENT accordingly. C. The CONSULTANT must submit any proposal for adjustment (hereafter referred to as proposal) under this clause within 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 proposal submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the disputes clause. However nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 6 TIB EXHIBIT A-1 Certification of Consultant Project No. City/County City of East Wenatchee I hereby certify that I am Crystal L. Donner a duly authorized representative of the firm of Perteet, Inc. whose address is 123 Ohme Garden Road, Suite 8, Wenatchee, WA 98801 and that neither I nor the above firm I here represent has: (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 contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of a firm or person in connection with carrying out the contract. (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 the contract; except as here expressly stated (if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with requirements of the Board of Professional Registration. I acknowledge that this certificate is to be available to the Transportation Improvement Board (TIB), in connection with this contract involving participation of TIB funds and is subject to applicable State and Federal laws, both criminal and civil. Date Signature Certification of Agency Official I hereby certify that I am the AGENCY Official of the City of East Wenatchee Washington and that the above consulting firm or his/her representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledge that this certificate is to be available to the TIB, in connection with this contract involving participation of TIB funds and is subject to applicable State and Federal laws, both criminal and civil. Date Signature Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 7 TIB EXHIBIT B-1 Scope of Work Project. No. Describe the Scope of Work See attached Exhibit B-1 Documents to be Furnished by the Consultant See attached Exhibit B-1 2021-11 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 8 TIB EXHIBIT B-1 SCOPE OF SERVICES City of East Wenatchee 3rd Street SE & Rock Island Road Intersection Improvements City Project Number: 2021-11 TIB Project Funding Number: 8-3-161(014)-1 INTRODUCTION The overall objective of this project is to prepare a bid package for the installation of a new traffic signal, removal of the existing flashing yellow overhead beacon, and other improvements at the intersection of 3rd Street SE and Rock Island Road, in the City of East Wenatchee (City). Elements of this project will include the details and plans for the traffic signal, striping, and sidewalk and curb ramp improvements. Because of the close proximity to the intersection of 3rd Street SE and State Route 28 (SR 28), coordination with WSDOT is required. The proposed cross-sections at the intersection will be revised to two driving lanes, one left-turn lane, and two bike lanes on the 3rd Street SE approaches, with a right-turn lane on the eastbound approach. The north and southbound approached on Rock Island Road will consist of two driving lanes, on left-turn lane, and five-foot shoulders on both sides of the road. Other project elements include intersection pavement grind and overlay, installation of a new traffic signal, and reconstructing each intersection corner with new curb returns, sidewalk, and curb ramps. It is anticipated that right-of-way, permanent, and construction easements will not need to be acquired to construct the improvements. This project is funded with a combination of Transportation Improvement Board (TIB) and local funds. The available preliminary engineering budget is $101,775, construction engineering budget is $67,850 and construction contract budget is $780,275. The project is anticipated to advertise for bids before the end of 2022 for construction in 2023. Environmental documentation and permitting will be in accordance to support SEPA. Utilities in the intersection include water, sanitary sewer, stormwater, power, telecommunications, and potentially gas. It is not anticipated that utilities will need to relocate; however, the Consultant will coordinate with the utilities to confirm the location of their facilities and coordinate improvements. The Consultant’s services will be limited to those expressly set forth herein. If the service is not specifically identified herein, it is expressly excluded. Consultant will have no other obligations, duties, or responsibilities associated with the project except as expressly provided in this Agreement. Transferring Budget within Contract Maximum: The level of effort is specified in the scope of services. The budget may be transferred between discipline tasks at the discretion of the Consultant, provided that the total contracted amount is not exceeded. The Consultant will have the flexibility to manage budget within a given discipline on a subtask level. Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 9 TIB Services provided by the Consultant will consist of: GENERAL SCOPE OF SERVICES This Scope of Services describes the work elements to be accomplished by the Consultant as summarized under each Task. This scope consists of the following elements: Task 1 – Project Management Task 2 – Geotechnical Investigation (Aspect) Task 3 – Survey and Basemapping (OverSite) Task 4 – Environmental Permitting Task 5 – Stormwater Memo Task 6 – WSDOT Coordination and Documentation Task 7 – 60% PS&E Submittal Task 8 – 90% PS&E Submittal Task 9 – Final Ad-Ready PS&E Submittal Task 10 – Bid Support Task 11 – SR 28/3rd Street SE Roundabout Analysis (Optional) Optional Services With prior written approval by the City and written notice-to-proceed, work elements described in this scope of services as optional services (as directed) may be produced by the Consultant. This Scope of Services is defined in the tasks below. SCOPE OF SERVICES DEFINED Task 1 – Project Management Work Elements: • Project setup. • Facilitate project kickoff meeting to review: o Project goals o Key contacts, project stakeholders, and team responsibilities o Project budget o Project schedule o Project scope • The Consultant will develop an overall project schedule, which will include a detailed schedule by task, for the project phases, through bid advertisement for the full project. The Consultant will prepare a draft and final schedule for the City review, and then the Consultant will prepare two (2) schedule updates as the project progresses, when requested by the City. • Consultant will coordinate with the City on a regular basis to keep the City’s project manager informed about project progress, project issues and schedule. • Manage subconsultant activities. • The Consultant will prepare monthly progress reports that describe the work items and percentage of work items that were accomplished during a given month. Progress report will include a status of budget, spent, and remaining. The monthly progress reports will also identify other issues that may be occurring, if any. The Consultant will submit these monthly progress reports to the City’s Project Manager with the Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 10 TIB monthly invoices. Assumptions: • This contract duration shall be no longer than ten (10) months. • Project kickoff meeting will be held at the City’s office or virtually, depending on the City and the Consultant’s COVID-19 safety policies. • The City and the Consultant will hold bi-weekly project coordination meetings. The Consultant project manager will attend up to twenty (20) bi-weekly project coordination meetings. • The Consultant will prepare up to two (2) project schedule updates. • The Consultant will coordinate with subconsultants via e-mails, meetings, and phone calls. • The Consultant will prepare its invoices and progress reports monthly. • A maximum of eleven (11) progress reports and invoices will be prepared. Deliverables: • Kickoff Meeting Agenda and Meeting Notes (PDF) • Project Schedule (Microsoft Project format, PDF) • Monthly Progress Reports and Invoices (hard copy, PDF) Task 2 – Geotechnical Investigation (Aspect Consulting) See attached Exhibit A-1. Task 3 – Survey and Basemapping (OverSite) See attached Exhibit A-2. Task 4 – Environmental Permitting Task 4.1 SEPA Checklist There is no federal funding associated with this project, nor is there anticipated to be sufficient wetland or other federally regulated environmental elements that would create a federal nexus for a NEPA environmental document. Therefore, a SEPA Checklist is the anticipated environmental document on this project. Work Elements: • Prepare a draft SEPA Checklist for review and comment by the City. Emphasis will be on transportation, water quality, consistency with land use and zoning, aesthetics, public services and utility coordination. • After review and comment of the draft SEPA Checklist by the City, a final SEPA Checklist will be prepared based on City review comments. • After the public comment period, the Consultant will review comments received. Assumptions: • The City will prepare and issue the SEPA notice of application and determination. • This Scope of Services assumes that there will be no SEPA appeals. • The City will complete all local permits. Deliverables: • Draft SEPA Checklist (Microsoft Word format, electronic copy) • Final SEPA Checklist (Microsoft Word format, electronic copy) Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 11 TIB Task 4.2 Cultural Resources Assessment The project is funded by a grant from the Washington State Transportation Improvement Board and is therefore subject to Governor’s Executive Order 21-02. The Washington Department of Archaeology and Historic Preservation (DAHP) has determined that a cultural resources assessment is required for compliance with EO 21-02. Consultant will conduct background research including a check of DAHP’s Washington Information System for Architectural and Archaeological records Data (WISAARD) for information about previous cultural resources assessments in the project vicinity and identified archaeological sites. Other background information may be collected from geotechnical studies, local historical societies, libraries, and ethnographic accounts. Cultural resources staff from local affected Tribes will also be contacted about the project to solicit information they would like to share about the area. This is a technical inquiry only and does not substitute for formal consultation that may be required by law. One archaeologist will conduct a pedestrian survey of the project area and excavate up to two (2) shovel probes in one day to document subsurface conditions. Consultant will prepare a report that will include a description of the project, a summary of the background research, and an assessment of the project’s potential for affecting buried pre-contact or historical archaeological sites. The report may include recommendations for ways to complete identification of archaeological sites, including an inadvertent discovery plan or archaeological monitoring during construction. The report will be suitable for submission to DAHP, and affected Tribes. After one round of Client review, the report will be uploaded to the DAHP database. Assumptions: • If at any time human remains are encountered, work will cease, and notification of the DAHP and affected tribes will proceed as directed by RCW 27-44 • No historic buildings will be evaluated or recorded • The report will undergo one (1) round of review • If potentially significant archaeological material is identified, then a scope and budget adjustment may be required to conduct any additional studies to evaluate significance • Treatment of any identified archaeological resources would be determined through consultation with the DAHP and affected Tribes. Deliverables: • Draft report, 1 PDF by email • Final report, 1 PDF by email, submitted to DAHP through WISAARD Task 5 – Stormwater Memo This task will provide an analysis of the stormwater minimum requirements associated with the proposed intersection improvements. This task will not include a hydraulic analysis of the stormwater runoff since the proposed improvements primarily consist of traffic signal installation, and changes to impervious areas will be minor and will not trigger the thresholds for water quality treatment and flow control. Work Elements: • Prepare a Technical Memorandum for the project documenting compliance with or exemption from the Core Elements. Assumptions: • The project will be designed in accordance with City of East Wenatchee standards and the Stormwater Management Manual for Eastern Washington (SWMMEW). • The project will not trigger flow control requirements. Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 12 TIB • The project will not trigger water quality treatment requirements. • The Technical Memo will undergo one (1) review cycle. The Consultant will prepare a draft and final. • Pipe capacity calculations will not be required as changes to the existing system are expected to be minimal (such as replacing an existing catch basin) or none. Deliverables: • Draft and Final Drainage Technical Memo (Electronic PDF) Task 6 – WSDOT Coordination and Documentation WSDOT maintains the traffic signals within the City of East Wenatchee. This project is adjacent to WSDOT right-of-way and is about 400’ from the intersection of SR 28 and 3rd Street SE. WSDOT’s limited access boundary extends up 3rd Street SE to the entrance to the park and ride lot. The Consultant will develop and submit a traffic analysis memo and prepare design documentation for City and WSDOT review and approval, in accordance with the work elements described below. Work Elements: • Develop a plan view exhibit identifying existing lane assignments. • Develop a plan view exhibit identifying two options for proposed lane assignments: o Extend a westbound bike lane from the east leg of the SR 28 and 3rd Street SE intersection across the north leg of the intersection, via a “cross-bike” to a painted bike box within the intersection. Continue the cross-bike markings across the west leg of the intersection to connect to the Apple Capital Loop trail. o Maintain existing channelization within the WSDOT limited access area. Treat the existing sidewalk on the south side of 3rd Street SE as a shared use path. This option assumes no striping or geometry changes within WSDOT right-of-way or limited access area. • The limits of the exhibits are from the west leg of the intersection of SR 28 and 3rd Street SE to the east leg of the intersection of 3rd Street SE and Rock Island Rd. • Exhibits will use available aerial photography for a background image and will be scaled to fit onto one 11” x 17” page. • Develop an annual growth rate to project traffic to 2043 based on input from City and Douglas County traffic model projections. • Create a Synchro traffic model for the intersections of 3rd Street SE and Rock Island Road and SR 28 and 3rd Street SE. • Evaluate existing conditions (2019) in Synchro based on traffic volumes from the grant application and the existing minor-street stop-control. Year 2019 was used due to pre-COVID and available data. • Evaluate year-of-opening conditions (2023) in Synchro for the intersections of 3rd Street SE and Rock Island Road and SR 28 and 3rd Street SE, based on traffic volumes from the grant application with the proposed traffic signal and assuming that the two signals have coordinated timing and phasing. • Evaluate design year conditions (2043) in Synchro for the intersections of 3rd Street SE and Rock Island Road and SR 28 and 3rd Street SE, with the proposed traffic signals and assuming that the two signals have coordinated timing and phasing. • Using the above traffic models, determine recommended turn pocket lengths and signal timing to provide satisfactory levels of service (LOS), control delays, 95th percentile queues, and pedestrian safety. • Document findings and analysis in a draft Traffic Analysis Memorandum for City and WSDOT comment. • Attend one meeting to review and respond to City and WSDOT comments on the draft memo. This meeting will also finalize the proposed lane assignments. • Revise memorandum according to review comments, to a final version. Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 13 TIB • Prepare Design Approval (DA) documentation for WSDOT review and approval, in accordance with WSDOT Design Manual CH 300, 300.04(3) Local Agency and Development Services Approvals, and limited to the following elements: o Table of Contents o Memorandum (WSDOT template) o Vicinity Map o Summary of Design (in lieu of Basis of Design) o Draft Design Parameter Sheets o Safety Analysis (in accordance with Section 7.1.3 of the WSDOT Safety Analysis Guide) o Draft Design Analysis o Draft Maximum Extent Feasible o Draft/Conceptual Channelization Plan/Intersection Plan for Approval • After development of the PS&E package to the 90% design level, the Consultant will prepare Project Development Approval (PDA) documentation for the project. The PDA will consist of the same elements as the DA, with content revised to represent the final design. Assumptions: • The traffic analysis previously completed for the intersection of 3rd Street SE and Rock Island Road is limited to a signal warrant analysis and peak hour LOS analysis for adding a traffic signal to the intersection. Based on previous this previous work, it is assumed that a traffic signal is an appropriate treatment for the intersection. • No analysis for a roundabout at the intersection of 3rd Street SE and Rock Island Road is required. • The effort for WSDOT coordination and documentation is limited to the fee identified in the attached fee schedule. • Coordination with WSDOT pertaining to signal controller equipment and ITS needs will be performed under the design submittals tasks. • The City will coordinate directly with WSDOT to prepare a signal maintenance agreement. The Consultant will not be a part of those negotiations. • WSDOT and/or the City will provide traffic volume data and turning movement counts sufficient to support traffic analysis and signal timing. • The City will finalize the general geometric layout of the proposed improvements through the development and review of the traffic analysis and DA package. The layout shall not be substantially modified in a later design phase. A substantial change in the layout will constitute a change in scope and will allow the Consultant to negotiate additional compensation for the change. Deliverables: • Draft and Final Traffic Technical Memo (Electronic PDF) • DA Documentation (Electronic PDF) PDA Documentation (Electronic PDF) Tasks 7 thru 9 – Design Submittals Assumptions: • The opinions of cost will be based on unit prices, incorporate contingencies to account for the level of completeness of plan preparation for each submittal, and reflect past experience on similar projects within the region. In providing opinions of probable construction cost, the City understands that the Consultant has no control over the cost or availability of labor, equipment or materials, or over market conditions or the Contractor’s method of pricing, and that the Consultant’s opinions of probable construction costs are made on the basis of the Consultant’s professional judgment and experience. The Consultant makes no Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 14 TIB warranty, express or implied, that the bids or the negotiated cost of the work will not vary from the Consultant’s opinion of probable construction cost. • Proposed improvements will not extend beyond the existing right-of-way and/or City-owned easements. • The City will provide its standard contracting templates and bidding documents to the Consultant for inclusion in the project manual. • One (1) bid schedule will be prepared for the project. • 60% and 90% plan submittals may not include all of the plan sheets required for construction. The final plans will consist of approximately nineteen(19) plan sheets, as follows: a. Cover Sheet (1 sheet, not to scale) b. Abbreviation/Legend/Notes Sheet (1 sheet, not to scale) c. Survey Control Plan Sheets (1 sheet, not to scale) d. Site Preparation/Erosion Control Plan (1 sheet, 1”=20’) This plan will identify areas of removal, including the existing flashing yellow signal. Site preparation along with Best Management Practices for erosion control will also be shown. Existing utility features will be shown in halftone (screened). e. Typical Sections (1 sheet, not to scale) f. Paving, Sidewalk and Drainage Plans and Details (3 sheets, 1”=20’ or not to scale) These plans will demonstrate the project footprint and will include paving limits, proposed sidewalk, curb, gutter, curb ramps, drainage system modifications, and limits of cut/fill. Existing utility features will be shown in halftone (screened). Two sheets to document details for curb ramps and other miscellaneous details are included. g. Signal and Illumination Plan and Detail Sheets (4 sheets, scale varies) Plans will show layout for signal/illumination poles, equipment and wiring diagrams. One illumination pole will be placed at each corner of each intersection or luminaire will be placed on traffic signal pole, even at corners which currently do not have illumination poles. Proposed fixture type will be coordinated with City and will approximately match distribution of existing illumination fixtures such that illumination analysis is not required. h. Channelization and Signing Plan and Detail Sheets (3 sheets, 1”=40’) These plans will include channelization and signing for the project, including sign tables documenting sign type, size and location. One sheet to document details for channelization and signing is included. i. Temporary Traffic Control (5 sheets, scale varies) These plans will identify a temporary pedestrian route during construction and vehicle traffic lane revision plans. One detail sheet will be included. Task 7 – 60% PS&E Submittal The Consultant will prepare 60% plans, list of project-specific specifications, and opinion of costs for the construction contract, and incorporate applicable comments received from the City based on the Task 6 traffic analysis memo deliverables. The plans, list of project-specific specifications, opinion of cost, will be submitted to the City for review and comment. The 60% plans will consist of project plan information that is considered to be constructible as shown, but not all of the information needed for construction, such as curb return elevations, will be provided. Some detail sheets are excluded from this submittal. The 60% design-level plans will consist of approximately twelve (12) plan sheets. Work Elements: • Respond to City comments on Task 6 traffic analysis memo. Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 15 TIB • Prepare 60% design-level plans. • Prepare 60% design-level opinion of cost. Assumptions: • A list of special provisions will be provided at the 60% design-level. • The City will provide the Consultant with their standard, current, boilerplate contract language (“front end docs”) to be used for the project. Deliverables: • 60% design-level plans (half-size (11”x17”), PDF) • 60% design-level opinion of cost (PDF) • List of special provisions (PDF) Task 8 – 90% PS&E Submittal The 90% plans will consist of project plan information, construction notes, elevation information, and details needed for construction. The 90% design-level plans will consist of approximately nineteen (19) plan sheets. Work Elements: • Respond to City comments on 60% design submittal. • Prepare 90% design-level plans. • Prepare 90% design-level opinion of cost. • Prepare 90% design-level project manual, including special provisions and City boilerplate documents. Deliverables: • 90% design-level plans (half-size (11”x17”), PDF) • 90% design-level opinion of cost (PDF) • 90% design-level project manual (PDF) Task 9 – Final Ad-Ready PS&E Submittal The final plans and project manual will be bid-ready. Work Elements: • Prepare final, bid ready plans. • Prepare a final opinion of cost. • Prepare final, bid ready project manual. Assumptions: • The City will provide Builders Exchange with a camera-ready or electronic plan set for purposes of their scanning and contract document distribution during bidding • The City will provide Builders Exchange with a camera-ready or electronic set of Contract Specifications for purposes of their scanning and contract document distribution during bidding • WSDOT comments that are to be incorporated into the contract documents that are a significant change to the design or finalization of the ad-ready contract documents will be considered an additional service and may need a supplement to this Agreement. Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 16 TIB Deliverables: • Electronic copy of the final plans with digital signature, in PDF format via e-mail • Electronic copy of the opinion of cost summary submitted in PDF format via e-mail • Electronic copy of the final project manual with digital signature, submitted in PDF format via e-mail • One (1) hard copy of half size and full-size signed plans • One (1) hard copy of the final, signed project manual Task 10 – Bid Support The Consultant will support the City during the bidding phase of the project. The Consultant will respond to requests for clarifications and prepare addenda. Work Elements: • Respond to Contractor questions, as requested by the City, during the bidding process. The Consultant will provide clarifications to the City, which may include Plan sheet revisions, Special Provision language, or information clarification. • Prepare addenda during the bidding process. • If addenda are issued during the bidding process, the Consultant will prepare conformed construction documents that incorporate the changes made by addendum during the bidding process. • Prepare the bid tabulation and check for and resolve math errors on the bid forms. • Review bid tabulations against the opinion of cost (engineer’s estimate) and provide a recommendation of award letter. Assumptions: • The effort for the preparation of addenda and conformed construction documents is limited to the fee identified in the attached fee schedule. • The City will distribute addenda during the bidding process. • The City will determine if the bids are responsive and if the apparent low bidder is responsible or not. This work includes verification that all required bid forms, such as the bid bond, non-collusion affidavit, certification of compliance with wage payment statutes, contract, and insurance certifications are included and filled out correctly. This also includes verification that the construction contractor’s license is valid and verifying that any supplemental bidder criteria (if used) is met. The City will be responsible for determining that the construction contractor is responsible and that their bid is responsive, except for review of bid proposal forms which will be completed by the Consultant as described above. • The City will track bid questions and communicate with bidders. Deliverables: • Electronic copies of addenda in PDF format, if required. • If addenda are issued, the Consultant will provide one (1) hard copy and one (1) electronic copy in PDF format of conformed contract plans and specifications. Additional (Optional) Services • The Consultant may provide additional services as directed by the City which are not identified in this Scope of Services. Additional services shall not commence without written authorization and approval from the City and a supplement to the contract. Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 17 TIB Task 11 – SR 28/3rd Street SE Roundabout Analysis (Optional) WSDOT is confirming that the City's Rock Island Road/3rd Street project will be compatible with alternative configurations for SR 28/3rd Street SE intersection, such as a future roundabout. However, they have not performed an operational analysis of a roundabout at this location. The purpose of this task is to provide an operational analysis of a roundabout at the intersection of SR 28 and 3rd Street SE, including the impacts of the proposed traffic signal at the intersection of 3rd Street SE and Rock Island Road. Work Elements: •Prepare a conceptual-level plan view exhibit of a roundabout for the intersection of SR 28 and 3rd Street SE. This will inform inscribed circle diameter, lane assignments, and crosswalk locations. The exhibitwill not illustrate detailed elements beyond the curb lines including curb ramps, bicycle ramps, andlandscaping. •Model the roundabout at the intersection of SR 28 and 3rd Street SE in Sidra. •Model the proposed traffic signal at the intersection of 3rd Street SE and Rock Island Road in Sidra. (Thismodeling is intended to reveal upstream/downstream queues impacting the SR 28 and 3rd Street SEroundabout model; this Sidra analysis at 3rd Street SE and Rock Island Road will not replace the Synchro analysis in Task 6.) •Evaluate design year conditions (2043) in Sidra for a roundabout at the intersection of SR 28 and 3rdStreet SE, including impacts from the proposed traffic signal at 3rd Street SE and Rock Island Road. •Using the above traffic models, determine volume-to-capacity ratios (v/c), level of service (LOS), controldelays, and 95th percentile queues at the intersection of SR 28 and 3rd Street SE. •Document findings and analysis in a draft Traffic Analysis Memorandum for WSDOT comment. •Submit analysis findings to WSDOT in a brief, draft traffic analysis memo. Hold one comment reviewmeeting with WSDOT. •Response to comments and submit a final traffic analysis memo. Assumptions: •Traffic volumes from Task 6 will be used. •This task does not include quantitative safety analysis at the SR 28 and 3rd Street SE intersection. •The exhibit and Sidra modeling for the SR 28 and 3rd Street SE intersection will be based on thefollowing approach and departure lane ranges: o Two approach and two departure lanes on SR 28oUp to two approach and up to two departure lanes on 3rd Street SE Deliverables: •Draft traffic analysis memo (Electronic PDF) •Final traffic analysis memo (Electronic PDF) Other Optional Services (not included in this scope of work) •ALTA Survey •ROW Plans and Acquisition •Construction administration, observation, and management •Maximum Extent Feasible (MEF) documentation •Community engagement and public outreach Items to be furnished by the City The Client shall furnish, at the Client’s expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The Consultant may use such information, requirements, reports, data, surveys, and instructions in performing its services and is entitled to rely upon the accuracy and completeness Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 18 TIB thereof. Further, the Client agrees that the Consultant shall have no responsibility for any portion of the Project designed by other consultants engaged by the Client. • All available “As-Built” information, including for traffic signals and the existing illumination systems. • Updated underground utility information relative to City-owned utilities. • Any applicable preliminary design reports, geotechnical reports, environmental reports, and identified up and downstream problems. • Additional traffic volume and turning movement counts as needed to complete the traffic analysis. • Consolidated plan review comments at each submittal. • Specification boilerplates and front-end documents. • Title Reports. Design Criteria As of the date this Agreement is signed, design file, reports, documents, and plans prepared as part of this Scope of Services, to the extent feasible, will be developed in accordance with the latest edition and amendments to the following documents: 1. Standard Specifications for Road, Bridge, and Municipal Construction, 2022 English Edition, published by WSDOT and the Washington State Chapter APWA 2. Standard Plans for Road, Bridge, and Municipal Construction, (M 21-10), published by WSDOT 3. “Local Agency Guidelines” published by WSDOT 4. AASHTO: A Policy on Geometric Design of Highways and Streets (2018 Edition) 5. 2009 Manual on Uniform Traffic Control Devices (MUTCD) 6. AASHTO Guide for the Development of Bicycle Facilities, 4th Edition 7. The Revised Draft Guidelines for Accessible Public Rights-of-Way (PROWAG), November 23, 2005 (2005 PROWAG), as determined by WSDOT 8. Department of Ecology 2019 “Stormwater Management Manual for Eastern Washington” (SWMMEW). Changes in any design standards or requirements after services have begun may result in extra work, and require a supplement to the Agreement. Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 19 TIB EXHIBIT C-2 Payment (Cost Plus Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." A. Actual Costs Payment for all consulting services for this project shall be on the basis of the CONSULTANTs actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, and direct nonsalary cost. 1. Direct Salary Costs The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. 2. Overhead Costs Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT, under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three options are explained as follows: a. Actual Cost: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to maximum amount payable, authorized under this AGREEMENT, when accumulated with all other actual costs. b. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT. c. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A summary of the CONSULTANTs cost estimate and the overhead computation are attached hereto as Exhibits D and E and by this reference made part of this AGREEMENT. When an actual cost overhead rate or actual cost not to exceed overhead rate is used, the actual overhead rate determined at the end of each fiscal year shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. The CONSULTANT shall advise the AGENCY as soon as possible of the actual overhead rate for each fiscal year and of the actual rate incurred to the date of completion of the work. The AGENCY and/or TIB may perform an audit of the CONSULTANT's books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Nonsalary Cost Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT applicable to this contract. These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. The billing for nonsalary cost, directly identifiable with the Project, shall be an itemized listing of the charges supported by original bills or legible copies of invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of the above charges must be necessary for services to be provided under this AGREEMENT. 4. Fixed Fee The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee. This fee is based on the scope of work defined in this AGREEMENT and the estimated man-months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental agreement may include provision for the added costs and appropriate additional fee. The fixed fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the monthly progress reports accompanying the invoices. Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 20 TIB Any portion of the fixed fee earned by not previously paid in the progress payments will be cover in the final payment, subject to the provisions of Section IX, Termination of Agreement. 5. Maximum Total Amount Payable The maximum total amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT as maximum amount payable, which includes the Fixed Fee, unless a supplemental agreement has been negotiated and executed by the AGENCY prior to incurring any costs in excess of the maximum amount payable. B. Monthly Progress Payments The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, General Requirements, of the AGREEMENT. The invoices will be supported by itemized listing and support document for each item including direct salary, direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee. C. Final Payment Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, 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 of any nature 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 that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. D. Inspection of Cost Records The CONSULTANT and his subconsultants shall keep available for inspection by representatives of the AGENCY and/or TIB, for a period of three years after final payment, the cost records and accounts pertaining to this AGREEMENT. If any litigation, claim, or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 21 TIB EXHIBIT D-2 Consultant Fee Determination Summary Sheet Project: E Wenatchee - 3rd St SE/Rock Island Rd Intx Client: City of East Wenatchee Hourly Costs Plus Fixed Fee Estimate Classification Hours Rate Amount Sr. Associate 72.00 74.68 $5,377 Sr. Engineer / Mgr 148.00 57.68 $8,537 Engineer III 6.00 43.00 $258 Engineer II 307.00 36.75 $11,282 Technician III 94.00 31.93 $3,001 Lead Planner/Manager 8.00 45.84 $367 Accountant 12.00 45.68 $548 Cultural Resources Specialist II 52.00 37.00 $1,924 Total Direct Salary Costs 699.00 $31,294 Overhead @ 196.48% $61,487 Fixed Fee @ 30.00% $9,388 Total Labor Costs $102,169 Reimbursables n-House Costs Qty Rate Amount Mileage - $.585 500 $0.585 $293.00 Xerox Copies - $.10 1,000 $0.100 $100.00 Total In-House Costs $393.00 Subconsultants Subconsultants Cost Amount $12,175.00 $12,175.00 Total Subconsultants $12,175.00 $12,175.00 CONTRACT TOTAL $114,737.00 Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment in June of each calendar year. Prepared By: Karissa S. Witthuhn Date: February 23, 2022 June 30, 2021 Perteet, Inc. 2707 Colby Avenue, Suite 900 Everett, WA 98201 Subject: Acceptance FYE 2020 ICR Risk Assessment Review Dear Denice Moan: Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2020 ICR of 196.48% of direct labor (rate includes 0.16% 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 Exhibit E-1 Breakdown of Overhead Cost Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 23 TIB EXHIBIT F-1 Payment Upon Termination of Agreement by the Agency Other than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus and direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 24 TIB EXHIBIT G-1 Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Geotechnical Engineering – Aspect Consulting Land Surveying – OverSite, LLC Project Cost Estimate Aspect Project No.:220004 3rd Street SE & Rock Island Road Signals Revision: 0 Perteet/City of East Wenatchee Date: 2/2/22 Prepared By: NCS Principal Associate Project 1 Sr. CAD/GIS Sr. Technnical Editor Coordinator 3 TOTAL TOTAL DESCRIPTION $86.48 $61.30 $41.35 $39.90 $38.46 $37.50 HOURS AMOUNT 0 4 2 6 $328 0 8 8 1 2 1 20 $976 TOTAL DIRECT SALARY LABOR:0 12 10 1 2 1 26 $1,303 LABOR COST SUMMARY:ESTIMATED SUBCONTRACTORS AND DIRECT EXPENSES: Direct Salary Cost (DSC)$1,303 Mileage/Field Vehicle, equipment, per diem $55 Aspect Desk-Audited Overhead (OH) at 204.88%, Approved by WSDOT $2,670 Geotechnical Laboratory Testing $0 Profit at 30% of DSC $391 Excavation Subcontractor $0 TOTAL LABOR COST:$4,365 Private Utility Locator $0 TOTAL SUBS/DIRECT EXPENSES:$55 PROJECT TOTALS AND SUMMARY: Total Labor Cost $4,365 Total Subcontractors and Direct Expenses $55 ESTIMATED PROJECT TOTAL:$4,420 Note: ESTIMATED LABOR: Proposed Scope of Work: Please refer to the accompanying proposal text. ASPECT PERSONNEL & CURRENT DIRECT SALARY RATES WORK TASK Geotechnical Engineering Task 1 – Site Research and Reconnaissance Task 2 – Geotechnical Analysis, Reporting, and PS&E Support 1.All hours and items are estimated. The Aspect project manager may also transfer funds allocated for direct costs to professional/technical hours, and vice versa, as he/she determines appropriate. Page 1 Exhibit G-2 - Aspect Consulting July 7, 2021 Aspect Consulting, LLC 350 Madison Avenue N Bainbridge Island, WA 98110 Subject: Acceptance FYE 2020 ICR CPA Report Dear Trish Klimek: We have accepted your firms FYE 2020 Indirect Cost Rate (ICR) of 204.88% of direct labor (rate includes 0.25% Facilities Capital Cost of Money) BPM, LLP. 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@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Exhibit G-3 - Breakdown of Subconsultant Overhead Date of Issue 02.03.2022 Description (Classification)Units / Hours Unit Cost TotalBoundary Research (PLS)4 $165 $660Establish Control (PLS)4 $165 $660Tie Monuments (PLS)8 $165 $1,320Aerial Data Acquisition & Prep (PLS)4 $165 $660Conventional Data Acquisition (PLS)8 $165 $1,320 Data Processing (PLS)2 $165 $330 Drafting & Modeling (PLS)16 $165 $2,640 QA QC (PLS)1 $165 $165 Total Hourly Cost 47 $7,755 OverSite Project number OS22-002 Proposal Client: Perteet / City of East Wenatchee Project: 3rd & RIR Signal ROW & Topo OverSite LLC 6 Fist Street, Suite 14 Wenatchee,WA 98801 P: 206.250.6655 Exhibit G-2 - OverSite, LLC