HomeMy WebLinkAboutResolutions - 2022-13 - Washington authorizing the Mayor to execute a consultant agreement between the City of East Wenatchee and RH2 Engineering for the Grant Road Preservation and Rehabilitation Project No. 2021-05 and 2021-06 - 4/5/2022City of East Wenatchee Resolution 2022-13 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2022-13
A Resolution of the City of East Wenatchee, Washington authorizing the
Mayor to execute a consultant agreement between the City of East
Wenatchee and RH2 Engineering for the Grant Road Preservation and
Rehabilitation Projects.
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español,
Braille, leer en voz alta, etc.), comuníquese con el secretario de la
Ciudad en alternateformat@eastwenatcheewa.gov, al (509) 884-9515
o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille,
read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711
(TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute a contract that conforms to the language set forth in Exhibit A.
4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 1 of 34
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes No DBE Participation
Yes No MBE Participation
Yes No WBE Participation
Yes No SBE Participation
Maximum Amount Payable:
Index of Exhibits
Exhibit A Exhibit B Exhibit C Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
EXHIBIT - A City of East Wenatchee Resolution 2022-13, Exhibit - A Page 1 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 2 of 34
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the _________________________________________________________________,
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.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 2 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 3 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 this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall
identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C
– Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth
below: If to AGENCY: If to CONSULTANT: Name: Name: Agency: Agency: Address: Address: City: State: Zip: City: State: Zip: Email: Email: Phone: Phone: Facsimile: Facsimile:
IV.Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall 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.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 3 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 4 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 thenegotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of thisAGREEMENT. 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 torenegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 daysfollowing FYE date) upon written request of the CONSULTANT or the AGENCY. The written request mustbe made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no suchwritten 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 toaid 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 theCONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates andclassifications 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 theAGREEMENT.
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 duringthe provisional or conditional period will not be adjusted. The CONSULTANT may request an extension ofthe last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirectcost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized ina final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components ofthe 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.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 4 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 5 of 14
A.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to theCONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, longdistance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will bereimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANTshall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) inaccordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, andall 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
(1.) 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 authorizedin 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 suchfinal 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 theAGENCY 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.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 5 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 6 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:
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 6 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 7 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 (23U.S.C. Chapter 3 § 324)
•Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V §794)
•Age Discrimination Act of 1975 (42
U.S.C. Chapter 76 § 6101 et. seq.)
•Civil Rights Restoration Act of 1987 (Public Law
100-259)
•American with Disabilities Act of 1990 (42
U.S.C. Chapter 126 § 12101 et. seq.)
•23 CFR Part 200
•49 CFR Part 21
•49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto.
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT’s failure
to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 7 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 8 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
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 8 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 9 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.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 9 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 10 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 withminimum 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 coveragefor any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combinedsingle 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:
Agency:
Address:
City: State: Zip:
Email:
Phone:
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.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 10 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 11 of 14
XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of thisAGREEMENT 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 theAGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submittedbefore final payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable
for this AGREEMENT, shall not be increased or considered to be increased except by specific written
supplement to this AGREEMENT.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY,
Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Requirements” prior to its performance of any SERVICES under this AGREEMENT.
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.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 11 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 12 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.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 12 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 13 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) isgenerally utilized by unaffiliated third parties engaged in the same business or businesses as theCONSULTANT.
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.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 13 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 14 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.
Signature Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 14 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit A Scope of Work
Project No.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 15 of 53
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EXHIBIT A
Scope of Work
City of East Wenatchee
Grant Road National Highway System
Asset Management Program Projects
March 2022
Background
RH2 Engineering, Inc., (RH2)was selected by the City of East Wenatchee (City)to assist with
intersection improvement and roadway preservation projects on Grant Road in East Wenatchee,
Washington.The City has received two federal grants and is pursuing funding for a third for a section
that will be designed under this contract.The three projects will be tracked in three separate tasks
as follows.
Task 1 –Grant Road and Highline Drive Rehabilitation
Task 2 –Grant Road Preservation –N Georgia Avenue to N Kentucky Avenue
Task 3 –Grant Road Preservation –Valley Mall Parkway to N Georgia Avenue (not currently
funded for construction)
Task 1 –Grant Road and Highline Drive Rehabilitation
Objective:Provide engineering services for a concrete intersection at Grant Road and Highline Drive.
Approach:
Obtain a topographic survey of the project area.This work will be completed by OverSite,LLC
(OverSite)as a subconsultant to RH2.
Review mapping of existing utilities. Coordinate with the following utilities to provide mapping
and confirm existing utilities.Coordinate with utilities to identify any facilities that need to be
replaced or relocated.RH2 will rely on the accuracy and completeness of utilities’
representations as to where their utilities are located.
a)East Wenatchee Water District (EWWD)
b)Douglas County Sewer District (DCSD)
c)Wenatchee Reclamation District (WRD)
d)Douglas County Public Utility District (PUD)
e)Cascade Natural Gas
f)Ziply
g)Spectrum
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 16 of 53
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
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Prepare the National Environmental Policy Act (NEPA) Categorical Exclusion (CE) form for the
project to submit through the Washington State Department of Transportation (WSDOT)Local
Programs office.It is assumed that the NEPA CE document will fulfill the Federal Highway
Administration (FHWA)NEPA requirements without the need for additional reports.
Prepare a Stormwater Site Plan and a Stormwater Pollution Prevention Plan (SWPPP)in
accordance with the Washington State Department of Ecology’s (Ecology)Stormwater
Management Manual for Eastern Washington (Manual).
Prepare the intersection design:
a)Conduct a field review to collect additional data;
b)Establish concrete intersection limits;
c)Prepare plan and profile sheets to include grading plan for concrete intersection;
d)Design four (4)Americans with Disabilities Act (ADA)ramps and four (4)driveway tie ins;
and
e)Prepare preliminary channelization plan.
Prepare the structural design of the concrete intersection:
a)Obtain up to eight (8)cores of the existing roadway section to obtain subgrade soil
properties.Cores will be conducted by Construction Special Inspection (CSI)as a service;
b)Prepare a technical memorandum summarizing the core data and subgrade soil
properties in the intersection;
c)Develop the concrete roadway section based on traffic loading and subgrade soil
properties;
d)Prepare the jointing plan; and
e)Coordinate with the American Concrete Paving Association for design review.
Prepare traffic control and staging plans.
Prepare an Engineer’s Estimate of probable construction costs and submit a 60-percent review
set of plans to the City and utilities.
Attend one (1)meeting with the City to discuss the schedule, progress, and design issues.The
meeting will be scheduled at least one (1) week prior to occurrence.
Provide public and stakeholder outreach for the intersection improvements:
a)Prepare a public involvement plan;
b)Coordinate with businesses adjacent to the intersection and those that use Grant Road as
a frequent haul route; and
c)Prepare up to five (5) exhibits for mailing,emailing,or using on the City’s website.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 17 of 53
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
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Due to the unknown nature of this subtask, a total of forty (40) staff hours have been
estimated for this work. If additional effort is needed, that extra work will be mutually
determined between the City and RH2.
Prepare additional plans,including:
a)Cover and legend sheet;
b)Summary of Quantities with groups for each funding source;
c)Site preparation, survey control, and temporary erosion and sediment control (TESC)
sheets at 1-inch equals 20 feet plan scale;
d)Detail sheets required to support the construction of the intersection improvements,
including roadway sections, stormwater, utility adjustments,and other unique details not
contained in existing standards; and
e)Striping and signing sheets at 1-inch equals 20 feet plan scale.
Prepare special provisions based on WSDOT format.Prepare construction contract documents,
including schedule of prices and front-end bid documents.
Prepare an Engineer’s Estimate of probable construction costs for the proposed improvements
based on historical costs of similar projects in the vicinity.
Perform internal quality assurance and quality control (QA/QC) review on the design.
Assemble and present 90-percent review plans, front-end and technical specifications, and an
Engineer’s Estimate of probable construction costs (PS&E)for City and WSDOT review and
approval.
Address review comments from the City and WSDOT.Finalize the PS&E for bidding.Upload
PS&E to an online bidding service determined by the City.
Provide assistance during the bidding phase of the project.Provide clarification and
interpretation as needed during the advertisement period.Prepare up to two (2) addenda if
modifications to the project documents are deemed warranted by the City during the
advertisement period.Attend the bid opening, review the bids, and prepare a bid summary
tabulation.Based on the bids received, recommend the lowest qualified bidder.
Provide project management services.Prepare invoices, review for consistency,and monitor
RH2 budget spent. Review subconsultant invoices for accuracy. Provide the City with monthly
budget updates. Maintain RH2 project records.
Assumptions:
·A Construction Stormwater General Permit will not be required because disturbance is less
than one (1)acre.
·No Cultural Resources Report will be required.
·No changes will be required for the signal or illumination systems.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 18 of 53
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
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·The City will be responsible for paying the advertisement costs for the various publications.
RH2 will provide the advertisement to the publications and upload the bid set through an
online bidding service.
·No additional right-of-way will be needed to construct the intersection improvements.
Provided by City:
·Any roadway coring information completed since the last overlay project.
·Traffic control for the coring operation.
·Review of documents at the 60-percent and 90-percent design level.
·Distribution of public outreach information through the City website,City email, and mailing,
if desired.
RH2 Deliverables:
·Topographic surveying in AutoCAD version 2005 or later.
·NEPA CE form in electronic PDF format.
·Stormwater Site Plan and SWPPP in electronic PDF format.
·Technical memorandum documenting soil properties in PDF format.
·One (1)set of 60-percent plans and Engineer’s Estimate of probable construction cost in PDF
format.
·Attendance at one (1) review meeting.
·Public involvement plan in PDF format.
·Five (5) exhibits for mailing/emailing in PDF format.
·One (1)set of 90-percent PS&E in PDF format.
·One (1)set of bid-ready PS&E in PDF format.
·Up to two (2) addenda in PDF format.
·Attendance at bid opening.
·Bid tabulation and recommendation of award letter in PDF format.
·Monthly invoices with budget updates in PDF format.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 19 of 53
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
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Task 2 –Grant Road Preservation –N Georgia Avenue to N Kentucky Avenue
Objective:Provide engineering services for preserving Grant Road with a grind and overlay project
between N Georgia Avenue and N Kentucky Avenue.
Approach:
Obtain a topographic survey of the project area.This work will be completed by OverSite as a
subconsultant to RH2.
Review mapping of existing utilities. Coordinate with the following utilities to provide mapping
and confirm existing utilities.Coordinate with utilities to identify any facilities that need to be
replaced or relocated.RH2 will rely on the accuracy and completeness of utilities’
representations as to where their utilities are located.
a)EWWD
b)DCSD
c)Greater Wenatchee Irrigation District
d)PUD
e)Cascade Natural Gas
f)Ziply
g)Spectrum
Prepare the NEPA CE form for the project to submit through the WSDOT Local Programs office.
It is assumed that the NEPA CE document will fulfill the FHWA NEPA requirements without the
need for additional reports.
Prepare a SWPPP in accordance with the Ecology Manual.
Prepare the roadway design:
a)Conduct a field review to collect additional data and identify potential pavement repair
areas;
b)Obtain up to eight (8)cores of the existing roadway section to obtain pavement thickness
and soil properties.Cores will be conducted by CSI as a service;
c)Prepare plan and profile sheets;
d)Design up to eight (8)ADA ramps; and
e)Prepare preliminary channelization plan.
Prepare traffic control and staging plans.
Prepare an Engineer’s Estimate of probable construction costs and submit a 60-percent review
set of plans to the City and utilities.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 20 of 53
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
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Attend one (1) meeting with the City to discuss the schedule, progress, and design issues.The
meeting will be scheduled at least one (1) week prior to occurrence.
Provide public and stakeholder outreach for the roadway improvements:
a)Prepare a public involvement plan;
b)Coordinate with businesses adjacent to the intersection and those that use Grant Road as
a frequent haul route; and
c)Prepare up to five (5) exhibits for mailing, emailing, or using on the City’s website.
Due to the unknown nature of this subtask, a total of forty (40) staff hours have been
estimated for this work. If additional effort is needed, that extra work will be mutually
determined between the City and RH2.
Prepare additional plans,including:
a)Cover and legend sheet;
b)Summary of Quantities with groups for each funding source;
c)Site preparation, survey control, and TESC sheets at 1-inch equals 20 feet plan scale;
d)Detail sheets required to support the construction,including roadway sections,
stormwater, utility adjustments,and other unique details not contained in existing
standards; and
e)Striping and signing sheets at 1-inch equals 20 feet plan scale.
Prepare special provisions based on WSDOT format.Prepare construction contract documents,
including schedule of prices and front-end bid documents.
Prepare the Engineer’s Estimate of probable construction costs for the proposed improvements
based on historical costs of similar projects in the vicinity.
Perform internal QA/QC review on the project design.
Assemble and present 90-percent design PS&E for City and WSDOT review and approval.
Address review comments from the City and WSDOT.Finalize the PS&E for bidding.Upload the
PS&E to an online bidding service determined by the City.
Provide assistance during the bidding phase of the project.Provide clarification and
interpretation as needed during the advertisement period.Prepare up to two (2) addenda if
modifications to the project documents are deemed warranted by the City during the
advertisement period.Attend the bid opening, review the bids, and prepare a bid summary
tabulation.Based on the bids received, recommend the lowest qualified bidder.
Provide project management services.Prepare invoices, review for consistency,and monitor
RH2 budget spent. Review subconsultant invoices for accuracy. Provide the City with monthly
budget updates. Maintain RH2 project records.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 21 of 53
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
7
3/22/20229:11:44 AM J:\Data\EW\W40\2022 Grant Rd\Contract\PSA_SOW_Grant Rd Asset Management Program.docx
Assumptions:
·A Construction Stormwater General Permit will not be required because disturbance is less
than one (1)acre.
·No Cultural Resources Report will be required.
·No changes will be required for the signal at N Kentucky Avenue or illumination systems.
·Driveways will not need detailed design because roadway elevations will not change.
·The City will be responsible for paying the advertisement costs for the various publications.
RH2 will provide the advertisement to the publications and upload the bid set through an
online bidding service.
·No additional right-of-way will be needed to construct the roadway improvements.
Provided by City:
·Traffic control for the coring operation.
·Review of documents at the 60-percent and 90-percent design level.
·Distribution of public outreach information through the City website, City email, and mailing
if desired.
RH2 Deliverables:
·Topographic surveying in AutoCAD version 2005 or later.
·NEPA CE form in electronic PDF format.
·SWPPP in electronic PDF format.
·One (1)set of 60-percent plans and Engineer’s Estimate of probable construction costs in PDF
format.
·Attendance at one (1) review meeting.
·Public involvement plan in PDF format.
·Five (5) exhibits for mailing/emailing in PDF format.
·One (1)set of 90-percent PS&E in PDF format.
·One (1)set of bid-ready PS&E in PDF format for bidding.
·Up to two (2) addenda in PDF format.
·Attendance at bid opening.
·Bid tabulation and recommendation of award letter in PDF format.
·Monthly Invoices with budget updates in PDF format.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 22 of 53
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
8
3/22/20229:11:44 AM J:\Data\EW\W40\2022 Grant Rd\Contract\PSA_SOW_Grant Rd Asset Management Program.docx
Task 3 –Grant Road Preservation –Valley Mall Parkway to N Georgia Avenue
Objective:Provide engineering services for preserving Grant Road with a grind and overlay project
between Valley Mall Parkway and N Georgia Avenue.
Approach:
Obtain a topographic survey of the project area.This work will be completed by OverSite as a
subconsultant to RH2.
Review mapping of existing utilities. Coordinate with the following utilities to provide mapping
and confirm existing utilities. Coordinate with utilities to identify any facilities that need to be
replaced or relocated.RH2 will rely on the accuracy and completeness of utilities’
representations as to where their utilities are located.
a)EWWD
b)DCSD
c)WRD
d)PUD
e)Cascade Natural Gas
f)Ziply
g)Spectrum
Prepare the roadway design:
a)Conduct a field review to collect additional data and identify potential pavement repair
areas;
b)Obtain up to four (4)cores of the existing roadway section to obtain pavement thickness
and soil properties.Cores will be conducted by CSI as a service;
c)Prepare plan and profile sheets; and
d)Prepare preliminary channelization plan.
Prepare traffic control and staging plans.
Prepare an Engineer’s Estimate of probable construction costs and submit a 60-percent review
set of plans to the City and utilities.
Prepare additional plans,including:
a)Cover and legend sheet;
b)Summary of Quantities with groups for each funding source;
c)Site preparation, survey control, and TESC sheets at 1-inch equals 20 feet plan scale;
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 23 of 53
City of East Wenatchee Exhibit A
Grant Road National Highway System Asset Management Program Projects Scope of Work
9
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d)Detail sheets required to support the construction,including roadway sections,
stormwater, utility adjustments,and other unique details not contained in existing
standards; and
e)Striping and signing sheets at 1-inch equals 20 feet plan scale.
Prepare special provisions based on WSDOT format.Prepare construction contract documents,
including schedule of prices and front-end bid documents.
Prepare the Engineer’s Estimate of probable construction costs for the proposed improvements
based on historical costs of similar projects in the vicinity.
Perform internal QA/QC review on the project design.
Assemble and present 90-percent design PS&E for City review and approval.
Provide project management services.Prepare invoices, review for consistency,and monitor
RH2 budget spent. Review subconsultant invoices for accuracy. Provide the City with monthly
budget updates. Maintain RH2 project records.
Assumptions:
·This section is not funded for construction;therefore,only design tasks are included.If funding
is obtained, a supplement will need to be negotiated for environmental/permitting
requirements, public outreach,finalizing PS&E,and bidding tasks.
·No changes will be required for the illumination systems.
·Driveways will not need detailed design because roadway elevations will not change.
·No additional right-of-way will be needed to construct the roadway improvements.
Provided by City:
·Traffic control for the coring operation.
·Review of documents at the 60-percent and 90-percent design level.
RH2 Deliverables:
·Topographic surveying in AutoCAD version 2005 or later.
·One (1)set of 60-percent plans and Engineer’s Estimate of probable construction costs in PDF
format.
·One (1)set of 90-percent PS&E in PDF format.
·Monthly Invoices with budget updates in PDF format.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 24 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit B
DBE Participation Plan
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
Original Page 18 of 39 PagesCity of East Wenatchee Resolution 2022-13, Exhibit - A Page 25 of 53
EXHIBIT B
SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION PLAN
POLICY STATEMENT
The RH2 Engineering, Inc. (RH2) SBE Participation Plan is focused on enhancing and
maintaining opportunity for small business participation in construction projects. Our company is
committed to enhancing the economic growth of small businesses.
RH2 and its subcontractors shall take all necessary and reasonable steps in accordance with the
SBE plan to ensure that SBE’s have the opportunity to compete and perform work contracted
with WSDOT.
RH2 and its subcontractors are equal opportunity employers of all qualified individuals;
including minorities, women, veterans, individuals with disabilities, and regardless of race, color,
religion, sex, national origin, sexual orientation, gender identity or any other characteristic
protected by law and will not discriminate on these bases in the administration of contracts.
RESPONSIBILITY AND IMPLEMENTATION
The Company has appointed the below personnel to implement, maintain, and monitor the
utilization of this SBE Participation Plan by completing the following specific duties:
Project Manager
Solicit bids from SBE’s for our contracts.
Company Executive Vice President
Work with SBE subcontractors and WSDOT to handle any disputes that arise.
Project Manager
Submit all records, reports and documents required, and shall maintain such records for a
period of not less than three years, or as directed by any specific contractual
requirements.
Controller
Be responsible for monitoring and ensuring prompt payment to subcontractors by tracing
the progress of the projects and making sure that when work is complete, subcontractors
will get paid.
The project manager has been designated responsible for implementing the Company’s SBE
Outreach Action Plan.
SBE PARTICIPATION METHODS
Due to the barriers to SBE’s, it shall be the policy of RH2 to provide opportunity by utilizing the
following SBE outreach methods to promote participation on the contracts with WSDOT:
Original Page 19 of 39 PagesCity of East Wenatchee Resolution 2022-13, Exhibit - A Page 26 of 53
Attend any pre-bid/proposal meetings scheduled by WSDOT to inform SBE’s of
contracting and subcontracting opportunities.
Select portions of the work to be performed by SBE’s in order to increase the likelihood
of obtaining SBE participation if possible.
Demonstrate good faith effort with interested SBE’s, not rejecting SBE’s as unqualified
without good reason.
Utilize available services of small business and community organizations; local, state,
and federal small business assistance offices; and other organizations that provide
assistance in the recruitment and placement of SBE’s.
REPORTING
RH2 shall keep and maintain records that are necessary to determine the Company’s compliance
with its SBE Participation Plan. The Company will design its record keeping system to indicate:
1. The number of SBE subcontractors used by the Company, identifying the services
provided.
2. Documentation of all contacts, to include correspondence, telephone calls, newspaper
advertisements, e-mails, etc., to obtain SBE participation on WSDOT projects.
TRAINING
The Human Resources Manager will work with the Company Executive Vice President and
together communicate the policy and procedures to all relevant staff. If training is necessary, the
Company will seek assistance from WSDOT, Office of Equal Opportunity.
X________________________________________
Paul Cross, Executive Vice President
Original Page 20 of 39 PagesCity of East Wenatchee Resolution 2022-13, Exhibit - A Page 27 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
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
B.Roadway Design Files
C.Computer Aided Drafting Files
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 28 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
D.Specify the Agency’s Right to Review Product with the Consultant
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 29 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 30 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 31 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit D Prime Consultant Cost Computations
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 32 of 53
EXHIBIT D
Fee Estimate
City of East Wenatchee
Grant Road National Highway System
Asset Management Program Projects
Mar-22
Description Principal Project Manager Project Engineer Staff Engineer Staff Engineer Technician Geologist Project Accounting Administrative
Support
Total
Hours
Total Labor Sub Cost Total Subconsultant Total Expense Total Cost
Task 1 Grant Road and Highline Drive Rehabilitation 26 142 8 24 146 144 24 12 16 542 95,979.50$ 1,600.00$ 1,600.00$ 9,553.85$ 107,133$
1.1 Obtain topographic survey -4 ---8 --12 1,822.12$ 1,600.00$ 1,600.00$ 275.00$ 3,697$
1.2 Review mapping and coordination with existing utilities -8 --8 ---16 3,116.16$ -$ 371.17$ 3,487$
1.3 Prepare NEPA CE form -16 --8 ---24 4,964.72$ -$ 55.00$ 5,020$
1.4 Prepare Stormwater Site Plan and SWPPP -4 --24 --2 30 4,971.36$ -$ 109.00$ 5,080$
1.5 Prepare intersection design 2 16 --24 ---42 8,120.50$ -$ 880.00$ 9,001$
1.6 Prepare structural design, including technical memorandum 2 2 8 24 8 -24 2 70 14,108.44$ -$ 1,357.50$ 15,466$
1.7 Prepare traffic control and staging plans 8 8 40 56 7,605.36$ -$ 1,450.00$ 9,055$
1.8 Prepare Engineer's Estimate and submit 60-percent review plans -4 --8 ---12 2,191.88$ -$ 315.00$ 2,507$
1.9 Attend one meeting with City to discuss project 2 2 --2 ---6 1,399.62$ -$ 1.76$ 1,401$
1.10 Provide public and stakeholder outreach 4 20 --16 ---40 8,397.76$ -$ 766.17$ 9,164$
1.11 Prepare additional plans -4 --8 40 --52 6,681.08$ -$ 1,375.00$ 8,056$
1.12 Prepare special provisions and construction contract documents 2 20 -----6 28 5,974.82$ -$ -$ 5,975$
1.13 Prepare Engineer's Estimate 2 2 --4 ---8 1,716.52$ -$ 137.50$ 1,854$
1.14 Perform internal QA/QC 8 -------8 2,482.32$ -$ 38.00$ 2,520$
1.15 Assemble and present 90-percent PS&E -8 --8 16 --32 4,911.84$ -$ 808.00$ 5,720$
1.16 Address review comments and finalize PS&E for bidding 2 8 --8 40 --58 8,225.94$ -$ 1,468.00$ 9,694$
1.17 Provide assistance during bidding phase -8 --12 ---20 3,749.96$ -$ 56.76$ 3,807$
1.18 Provide project management services 2 8 -----12 6 28 5,539.10$ -$ 90.00$ 5,629$
Task 2 Grant Road Preservation - N Georgia Avenue to N Kentucky Avenue60 172 --174 148 -12 16 582 106,833.14$ 7,920.00$ 7,920.00$ 11,116.35$ 125,869$
2.1 Obtain topographic survey -4 ---16 --20 2,719.96$ 7,920.00$ 7,920.00$ 495.00$ 11,135$
2.2 Review mapping and coordination with existing utilities -8 --40 ---48 8,186.56$ -$ 1,291.17$ 9,478$
2.3 Prepare NEPA CE form 2 20 --8 ---30 6,509.58$ -$ 55.00$ 6,565$
2.4 Prepare SWPPP -4 --4 ---8 1,558.08$ -$ 109.00$ 1,667$
2.5 Prepare roadway design 8 40 --40 ---88 18,063.12$ -$ 2,500.00$ 20,563$
2.6 Prepare traffic control and staging plans 2 8 20 30 5,638.14$ -$ 680.00$ 6,318$
2.7 Prepare Engineer's Estimate and submit 60-percent review plans 2 4 --4 16 --26 3,974.34$ -$ 685.00$ 4,659$
2.8 Attend one meeting with City to discuss project 2 2 --2 ---6 1,399.62$ -$ 1.76$ 1,401$
2.9 Provide public and stakeholder outreach 4 20 --16 ---40 8,397.76$ -$ 716.17$ 9,114$
2.10 Prepare additional plans 2 4 --8 60 --74 9,546.26$ -$ 1,925.00$ 11,471$
2.11 Prepare special provisions and construction contract documents 8 24 -----8 40 9,005.12$ -$ -$ 9,005$
2.12 Prepare Engineer's Estimate 2 2 --8 ---12 2,350.32$ -$ 247.50$ 2,598$
2.13 Perform internal QA/QC 8 -------8 2,482.32$ 58.00$ 2,540$
2.14 Assemble and present 90-percent PS&E 4 8 --4 16 --32 5,519.20$ 718.00$ 6,237$
2.15 Address review comments and finalize PS&E for bidding 4 8 --8 40 --60 8,846.52$ -$ 1,488.00$ 10,335$
2.16 Provide assistance during bidding phase 4 8 --12 ---24 4,991.12$ -$ 56.76$ 5,048$
2.17 Provide project management services 8 8 -----12 8 36 7,645.12$ -$ 90.00$ 7,735$
Task 3 Grant Road Preservation - Valley Mall Parkway to N Georgia Avenue12 76 --84 88 -8 12 280 47,494.60$ 3,680.00$ 3,680.00$ 5,946.17$ 57,121$
3.1 Obtain topographic survey -4 --8 ---12 2,191.88$ 3,680.00$ 3,680.00$ 275.00$ 6,147$
3.2 Review mapping and coordination with existing utilities -8 --24 ---32 5,651.36$ -$ 811.17$ 6,463$
3.3 Prepare roadway design 2 16 --8 40 --66 10,074.50$ -$ 1,930.00$ 12,005$
3.4 Prepare traffic control and staging plans 8 24 -32 5,651.36$ -$ 780.00$ 6,431$
3.5 Prepare Engineer's Estimate and submit 60-percent review plans -2 --4 ---6 1,095.94$ -$ 157.50$ 1,253$
3.6 Prepare additional plans -4 --4 40 --48 6,047.28$ -$ 1,265.00$ 7,312$
3.7 Prepare special provisions and construction contract documents 2 20 -----8 30 6,219.10$ -$ -$ 6,219$
3.8 Prepare Engineer's Estimate 2 2 --8 ---12 2,350.32$ -$ 247.50$ 2,598$
3.9 Perform internal QA/QC 4 -------4 1,241.16$ -$ 20.00$ 1,261$
3.10 Assemble and present 90-percent PS&E -8 --4 8 --20 3,380.20$ -$ 460.00$ 3,840$
3.11 Provide project management services 2 4 -----8 4 18 3,591.50$ -$ -$ 3,592$
PROJECT TOTAL 98 390 8 24 404 380 24 32 44 1404 250,307.24$ 13,200.00$ 13,200.00$ 26,616.37$ 290,123.61$
J:\Data\EW\W40\2022 Grant Rd\Contract\PSA_FEE_Grant Rd Asset Management Program.xlsm 3/22/2022 8:39 AM
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 33 of 53
City of East Wenatchee
Grant Road National Highway System Asset Management Program Projects
Classification / Job Title Hourly Overhead @ Profit @ Rate x Labor =Cost
Rate 195.10%35.00%Per Hour Hours
Professional I 35.00$ 68.29$ 12.25$ 115.54$ 0.0 -$
Professional II 42.00$ 81.94$ 14.70$ 138.64$ 0.0 -$
Professional III 48.00$ 93.65$ 16.80$ 158.45$ 404.0 64,013.80$
Professional IV 61.00$ 119.01$ 21.35$ 201.36$ 48.0 9,665.28$
Professional V 70.00$ 136.57$ 24.50$ 231.07$ 398.0 91,965.86$
Professional VI 82.00$ 159.98$ 28.70$ 270.68$ 0.0 -$
Professional VII 94.00$ 183.39$ 32.90$ 310.29$ 98.0 30,408.42$
Professional VIII 107.00$ 208.76$ 37.45$ 353.21$ 0.0 -$
Professional IX 139.00$ 271.19$ 48.65$ 458.84$ 0.0 -$
Technician I 22.00$ 42.92$ 7.70$ 72.62$ 0.0 -$
Technician III 30.00$ 58.53$ 10.50$ 99.03$ 0.0 -$
Technician V 34.00$ 66.33$ 11.90$ 112.23$ 380.0 42,647.40$
Administrative I 25.00$ 48.78$ 8.75$ 82.53$ 0.0 -$
Administrative II 26.50$ 51.70$ 9.28$ 87.48$ 0.0 -$
Administrative III 37.00$ 72.19$ 12.95$ 122.14$ 44.0 5,374.16$
Administrative IV 42.00$ 81.94$ 14.70$ 138.64$ 0.0 -$
Administrative V 59.00$ 115.11$ 20.65$ 194.76$ 32.0 6,232.32$
250,307.24$
Reimbursables Rate Qty
CAD System Per Hour $27.50 857 23,567.50$
GIS System Per Hour $27.50 0 -$
CAD Plots Half Size $2.50 0 -$
CAD Plots Full Size $10.00 5 50.00$
CAD Plots Large $25.00 0 -$
In-house copies (each)8.5" X 11" B&W $0.09 3400 306.00$
In-house copies (each)8.5" X 14" B&W $0.14 0 -$
In-house copies (each)11" X 17" B&W $0.20 0 -$
In-house copies (color) (each)8.5" X 11" Color $0.90 100 90.00$
In-house copies (color) (each)8.5" X 14" Color $1.20 0 -$
In-house copies (color) (each)11 X 17" Color $2.00 285 570.00$
Mileage $0.585 22 12.87$
Misc - Roadway Cores $2,020.00 1 2,020.00$
26,616.37$
Subconsultant Costs:13,200.00$
Subconsultant Markup:-$
Total Subconsultant:13,200.00$
Grand Total:290,123.61$
Prepared by:
A. Waligorski
Exhibit D Continued
Consultant Fee Determination - Nogotiated Hourly Rate Consultant Agreement
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 34 of 53
Labor Category
Direct Hourly
Labor
Rate
Overhead on
Direct
Labor
Fixed Fee on
Direct Labor
Total Hourly
Labor
Rate
195.10%35%
Professional I 35.00 68.29 12.25 115.54
Professional II 42.00 81.94 14.70 138.64
Professional III 48.00 93.65 16.80 158.45
Professional IV 61.00 119.01 21.35 201.36
Professional V 70.00 136.57 24.50 231.07
Professional VI 82.00 159.98 28.70 270.68
Professional VII 94.00 183.39 32.90 310.29
Professional VIII 107.00 208.76 37.45 353.21
Professional IX 139.00 271.19 48.65 458.84
Technician I 22.00 42.92 7.70 72.62
Technician III 30.00 58.53 10.50 99.03
Technician V 34.00 66.33 11.90 112.23
Technician VIII 65.00 126.82 22.75 214.57
Administrative I 25.00 48.78 8.75 82.53
Administrative II 26.50 51.70 9.28 87.48
Administrative III 37.00 72.19 12.95 122.14
Administrative IV 42.00 81.94 14.70 138.64
Administrative V 59.00 115.11 20.65 194.76
CAD/GIS System $/hr 27.50$
CAD Plots Half Size price/plot 2.50$
CAD Plots Full Size price/plot 10.00$
CAD Plots Large price/plot 25.00$
Copies (bw) 8.5" X 11"price/copy 0.09$
Copies (bw) 8.5" X 14"price/copy 0.14$
Copies (bw) 11" X 17"price/copy 0.20$
Copies (color) 8.5" X 11"price/copy 0.90$
Copies (color) 8.5" X 14"price/copy 1.20$
Copies (color) 11 X 17"price/copy 2.00$
Mileage
per mile
(or Current IRS
Rate)0.580$
Travel at Cost
Subconsultants at Cost
Outside Services at Cost
EXHIBIT D continued
Consultant Fee Determination - Summary Sheet
(Negotiated Hourly Rates of Pay)
RH2 Engineering, Inc.
0.585
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 35 of 53
August 16, 2021
RH2 Engineering, Inc.
22722 29th Drive SE, Suite 210
Bothell, WA 98021
Subject: Acceptance FYE 2020 ICR Audit Office Review
Dear Myra Sachs:
20 Indirect Cost Rate (ICR) of 195.10% 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.gov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:mya
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 36 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit E Sub-consultant Cost Computations
If no sub-consultant participation listed at this time. The CONSULTANT shall not sub-contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to
section VI “Sub-Contracting” of this AGREEMENT.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 37 of 53
February 21, 2022
ATTN: Erik Howe
RH2 Engineering
300 Simon Street Southeast Suite 5
East Wenatchee, WA 98802
509.670.5611
Subject: Proposal for Professional Land Surveying Services
Topographic Mapping & Modeling
Grant Road Corridor, Douglas County, Washington
Dear Mr. Howe,
Professional Land Surveying & Remote Sensing
OverSite LLC appreciates the opportunity to submit this budget proposal for providing a combination of
sUAS Photogrammetric and Conventional Topographic Mapping based on the request received February
11th, 2022.
The overall intent of this proposal is to perform a mapping survey with the intent of modeling the
existing conditions for the creation of a basemap from which civil design may be conducted. A more
detailed proposed scope of work by task follows:
Area of Coverage
The project consists of the Grant Road corridor from the intersection at Valley Mall Parkway east to the
intersection of North Kentucky Avenue and includes approximately 7,165 centerline feet of urban
principle arterial roadway. See the attached Mapping Limits Exhibit.
OverSite LLC
6 Fist Street, Suite 14
Wenatchee, WA 98801
P: 206.250.6665 W: www.oversite.tech
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 38 of 53
February 21, 2022
Mapping & Modeling Grant Road
Page 2 of 4
Scope of Work
sUAS Acquired Photogrammetric Topographic Survey
• Aerial mapping of the subject area for use in modeling the existing conditions.
• Mapping will locate visible evidence of the following, if applicable, but not limited to, existing
improvements:
o Curbs, gutters, sidewalks, and driveways/curb cuts
o Pavement limits, gravel limits, and concrete slabs
o Storm and sanitary sewer manholes, structures, stubs, cleanouts, etc.
o Water valves, water meters, fire hydrants, and water wells
o Stormwater conveyance ditches/streams
o Electrical power poles, guy wires, vaults, etc.
o Telephone pedestals and manholes/vaults
o Natural gas valves, meters, and warning markers
o Buildings, retaining walls, and outbuildings.
o Fences, bollards, light poles, and signs
o Ponds and monitoring wells
• OverSite will coordinate with 811 Locate Services for utility locates within the right-of-way.
• Aerial mapping will be augmented with traditional surveying equipment including a Topcon
GT503 robotic total station and dual frequency multi-constellation GNSS receivers if and where
required.
• OverSite will deliver a Civil3D.dwg that includes a surface model of the existing conditions. A
flight data quality report, and a georectified orthomosaic image compressed to 1GB will also be
included in the deliverables package.
• The topographic survey will be produced as a base map, for design purposes only. The
preparation of the topographic survey as a standalone, printable document with border and
title block and at a scale suitable for presentation purposes is not a part of this Scope of Services.
D:\_2022 Projects\_2022 Proposals\22 0221 Grant Road Mapping (RH2)\2022 0221 Mapping & Modeling Proposal.docx
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 39 of 53
February 21, 2022
Mapping & Modeling Grant Road
Page 3 of 4
Fee Estimate
OverSite proposes to provide the services listed above on a lump sum basis for a basic fee of $13,200.
The above scope of work and related fee has been based on the following assumptions:
• Client shall facilitate right of entry.
The following services are not included in this proposal:
• Any measurements within a structure.
• Right-of-Way determination
• All government fees including recording, these will be paid by the client.
D:\_2022 Projects\_2022 Proposals\22 0221 Grant Road Mapping (RH2)\2022 0221 Mapping & Modeling Proposal.docx
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 40 of 53
February 21, 2022
Mapping & Modeling Grant Road
Page 4 of 4
Authorization to Proceed
If the foregoing meets with your acceptance, please sign a copy of this letter and return it for our record
as authorization to continue with the services stated. I look forward to working with you on this project!
If you have any questions or need additional information, please call me at 206.250.6655, or email me at
joshua@oversite.tech.
Sincerely,
Joshua Velazquez, PLS
Owner
Acknowledgement and Authorization to Proceed
The undersigned hereby acknowledges this agreement and has authority to act on behalf of the Client
and authorizes OverSite LLC to proceed accordingly.
Name (Printed) Title
Signature Date
D:\_2022 Projects\_2022 Proposals\22 0221 Grant Road Mapping (RH2)\2022 0221 Mapping & Modeling Proposal.docx
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 41 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX ADuring the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department ofTransportation, (Title of Modal Operating Administration), as they may be amended from time to time, whichare herein incorporated by reference and made a part of this contract.
2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will notdiscriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The contractor will not participate directly orindirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor orsupplier will be notified by the contractor of the contractor's obligations under this contract and the Acts andthe Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [IncludeModal Operating Administration specific program requirements.]
4.Information and Reports: The contractor will provide all information and reports required by the Acts, theRegulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, othersources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discriminationprovisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of ModalOperating Administration) may determine to be appropriate, including, but not limited to:
a.withholding payments to the contractor under the contract until the contractor complies; and/orb.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. Inaddition, the contractor may request the United States to enter into the litigation to protect the interests of theUnited States.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 42 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibitsdiscrimination on the basis of race, color, national origin); and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because ofFederal or Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis ofsex);•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
•Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage andapplicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 andSection 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs oractivities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients andcontractors, whether such programs or activities are Federally funded or not);•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis ofdisability in the operation of public entities, public and private transportation systems, places of publicaccommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouragingprograms, policies, and activities with disproportionately high and adverse human health orenvironmental effects on minority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of limitedEnglish proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps toensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);•Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 43 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of
Exhibit G-2
Exhibit G-3
Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Certificate of Current Cost or Pricing Data Exhibit G-4
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 44 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
______________________________________________________________________________________
whose address is
______________________________________________________________________________________
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 ofany firm or person in connection with carrying out this AGREEMENT; or
c)Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee workingsolely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kindfor, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expresslystated (if any);
I acknowledge that this certificate is to be furnished to the _________________________________________
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 45 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G-1(b) Certification of ________________________________________
I hereby certify that I am the:
Other
of the _______________________________________, and ________________________________________
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, orconsideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the ___________________________________________
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature Date
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 46 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
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 itsprincipals:
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 orcontract under a public transaction; violation of Federal or State anti-trust statues or commission ofembezzlement, 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.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 47 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
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 anyperson 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 forinfluencing or attempting to influence an officer or employee of any Federal agency, a Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connectionwith this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete andsubmit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with itsinstructions.
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 shallrequire 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.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 48 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
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 ______________________________________* are accurate, complete, and current as of ______________________________________________**.
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: ___________________________________________________________________________
Signature Title
Date of Execution __________________________________________________________***:
*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 thecontract price was agreed to.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 49 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit I Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the
resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some
material damage due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include all decisions and descriptions of work, photographs, records of labor, materials, and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design error(s), there are three possible scenarios:
•It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,then the process will not proceed beyond this point.
•It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlementwith the consultant. The settlement would be paid to the agency or the amount would be reducedfrom 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 mayrequest that the alleged design error(s) issue be forwarded to the Director of Public Works or AgencyEngineer for review. If the Director of Public Works or Agency Engineer, after review with their legalcounsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 50 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
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 toreflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federalparticipation 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.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 51 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
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 the Agency’s project manager.
The consultant’s claim must outline the following:
•Summation of hours by classification for each firm that is included in the claim
•Any correspondence that directed the consultant to perform the additional work;
•Timeframe of the additional work that was outside of the project scope;
•Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with theadditional 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.
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 52 of 53
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
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
City of East Wenatchee Resolution 2022-13, Exhibit - A Page 53 of 53