HomeMy WebLinkAbout11-19-2024 KPG PSOMAS Safe Streets For all Consultant agreement
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN or SSN Number
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
Total Amount Authorized:
Management Reserve Fund:
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 Agreement Number:
Page 1 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
KPG Psomas Inc.
604-635-123 95-2863554
23 S. Wenatchee Avenue, Suite 223, Wenatchee, WA 98801 693JJ32440341
Safe Streets for All Action Plan, ADA Transition Plan, and Local Road Safety Plan
$477,306.26
$22,693.74
$500,000.00
x x
May 31, 2026
The City of East Wenatchee and Douglas County (Client) have received funding through the Safe Streets and
Roads for All (SS4A) program, administered by FHWA, to develop a joint Safe Streets for All Action Plan
(Action Plan) for the Client, a separate ADA Transition Plan for each agency, and to update the existing Local
Road Safety Plan (LRSP) for Douglas County.
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.
Agreement Number:
Page 2 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
City of East Wenatchee
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 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.
Agreement Number:
Page 3 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant
Agreement Revised 02/01/2021
Karissa Witthuhn
KPG Psomas Inc.
23 S Wenatchee Ave, Suite 223
Wenatchee WA 98801
Karissa.Witthuhn@Psomas.com
425-238-7291
Garren Melton
City of East Wenatchee
271 9th St. NE
East Wenatchee WA 98802
509-884-1829
GMelton@eastwenatcheewa.gov
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,
specified in Section II, “Scope of Work”. The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
“D” and “E” and by this reference made part of this AGREEMENT.
A.Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT’S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non-salary costs.
1.Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2.Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such
on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT’S cost estimate and the ICR percentage is shown in Exhibits “D” and
“E”, attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and
all A&E sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm’s
fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.)
for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by
the ICR schedule. It shall also be used for the computation of progress payments during the following year
and for retroactively adjusting the previous year’s ICR cost to reflect the actual rate. The ICR schedule will
be sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The AGENCY’s Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT’S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section)
These charges may include, but are not limited to, the following items: travel, printing, long distance
telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed
only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car 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 the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.Agreement Number:
Page 4 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
4.Fixed Fee: The Fixed Fee, which represents the CONSULTANT’S profit, is shown in attached Exhibits “D”
and “E” of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled “Termination of Agreement.”
5.Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
“Extra Work.”
6.Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total 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.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, “General Requirements” of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. 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.
Agreement Number:
Page 5 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
D.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.
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 fixed 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 acknowledgement 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
Agreement Number:
Page 6 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
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.
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 • Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259)
through 2000d-4a) • American with Disabilities Act of 1990
•Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324)• 23 CFR Part 200
•Rehabilitation Act of 1973 49 CFR Part 21(29 U.S.C. Chapter 16 Subchapter V § 794) 49 CFR Part 26•Age Discrimination Act of 1975 •RCW 49.60.180(42 U.S.C. Chapter 76 § 6101 et. seq.)
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 and any appropriate
fixed fee percentage 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
Agreement Number:
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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 and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
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.
Agreement Number:
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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
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 tier, 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. This waiver has been mutually negotiated between the Parties.
Agreement Number:
Page 9 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
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.
Insurance Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name:
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 amount 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.
Agreement Number:
Page 10 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Garren Melton
City of East Wenatchee
271 9th St. NE
East Wenatchee WA 98802
509-884-1829
GMelton@eastwenatcheewa.gov
Agency
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B.If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,”
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit
“G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit “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.
Agreement Number:
Page 11 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
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.
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
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.
Agreement Number:
Page 12 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
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.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii)is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY’s said disclosure of sub-consultants’ information.
XX.Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
“documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents”
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, “documents” means every writing or record of every type and description,
including electronically stored information (“ESI”), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s,
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,
Agreement Number:
Page 13 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
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.
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 ofESI and refer to the electronic fonnat 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.
^_IA4
Signature
11/14/2024
Date
Signal ~IT Date
^^
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
Page 14 of 14
Exhibit A
Scope of Work
Project No.
Agreement Number:
Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
See Exhibit A, next page.
9EAS010200
23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P: 509.662.4076 www.kpg.com
Scope of Work
City of East Wenatchee and Douglas County
Safe Streets for All Action Plan, ADA Transition Plan, and Local Road Safety Plan
Federal Aid Project No. 693JJ32440341
KPG Psomas Project No. 9EAS010200
November 2024
Project Description
The City of East Wenatchee and Douglas County (Client) have received funding through the Safe
Streets and Roads for All (SS4A) program, administered by FHWA, to develop a joint Safe Streets
for All Action Plan (Action Plan) for the Client, a separate ADA Transition Plan for each agency, and
to update the existing Local Road Safety Plan (LRSP) for Douglas County. A DBE goal of zero (0)
percent has been established for consultants on this project.
Scope of Work
The Client has selected KPG Psomas and its subconsultants (Consultant) to prepare the four (4)
plans described in the Project Description. Elements from each ADA Transition Plan and the
Douglas County’s LRSP will inform the broader, joint Action Plan.
Pursuant to completing the project as described above, the Consultant will perform the following
tasks:
• Task 1: Project Management
• Task 2: Community Outreach and Engagement (Action Plan, ADA Plans)
• Task 3: Safety Analysis (Action Plan, LRSP)
• Task 4: Planning-Level Designs and Opinions of Cost (Action Plan, LRSP)
• Task 5: Project Prioritization (Action Plan, LRSP)
• Task 6: Develop Joint Action Plan Document
• Task 7: Develop Douglas County ADA Transition Plan
• Task 8: Develop City of East Wenatchee ADA Transition Plan
• Task 9: Develop Douglas County LRSP
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The specific scope of work for these services is described in the following tasks:
TASK 1 – Project Management
The Consultant will provide project management services including:
• Project setup.
• Facilitation of project kick-off meeting to review project goals, key contacts, project
stakeholders, team responsibilities, project budget, project schedule and project scope.
• Execution of subconsultant agreements.
• Preparation of monthly invoices with progress reports.
• Schedule and budget monitoring. The Consultant project manager will communicate
budget information with the Client project manager on monthly progress reports, and
more frequently if budget adjustments are anticipated. The Consultant may reallocate
budget at their discretion, with supporting communication provided to the Client via email
or phone call.
• Facilitation of project coordination meetings with the Client.
• Change management, including preparation of supplemental agreements.
Assumptions:
1. The project duration will be eighteen (18) months.
2. The kickoff meeting will be held virtually and attended by up to two (2) staff from KPG
Psomas, and two (2) staff from each subconsultant.
3. Project coordination meetings are expected to be held once per month (for a total of
eighteen (18) meetings) and attended by the Client project manager, the KPG Psomas
project manager, and other team members as needed.
Deliverables:
1. Monthly invoice with progress reports (eighteen (18) months).
2. Kick off meeting agenda and notes (PDF).
3. Project schedule and updates using Microsoft Project (PDF).
4. Project coordination meeting agendas and notes (PDF).
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TASK 2 – Community Outreach and Engagement (Action Plan, ADA Plans)
KPG Psomas will subcontract with Firm Foundation Community Consulting (FFCC) to provide
Community Outreach and Engagement services in accordance with Exhibit A.1.
KPG Psomas will support the Community Outreach and Engagement effort providing the following
services:
Task 2.1 – Prepare Community Engagement Plan
• Participate in up to two (2) one-hour meetings with Client staff and project team to discuss
and finalize preliminary community engagement strategy and timeline.
• Participate in up to two (2) one-hour meetings with Client staff and project team to design
a set of engagement tools including surveys, questionnaires, and informational sheets.
• Review community engagement materials.
Task 2.2 – Conduct Outreach Campaign
• Attend up to three (3) in-person community activities, to support community engagement
work. Activities will be attended by one (1) KPG Psomas staff for up to four (4) hours per
activity.
• The Consultant will attend and/or facilitate a total of up to six (6) Task Force Meetings.
• Up to three (3) Task Force Meetings will be held in-person, at a location to be provided by
the Client. The remaining Task Force Meetings will be held virtually.
• Task Force Meetings will be attended by the KPG Psomas Project Manager and Deputy
Project Manager, and will be facilitated by KPG Psomas.
• Each Task Force Meeting will be up to two (2) hours in length.
Task 2.3 – Outreach Report
Review and comment on draft outreach report.
Deliverables:
1. Deliverables for Task 2 will be provided by FFCC.
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TASK 3 – Safety Analysis (Action Plan, LRSPs)
KPG Psomas will subcontract with Fehr & Peers, who will lead the Safety Analysis effort, and will
support the safety analysis effort by collaborating on and reviewing the outcomes of the:
• Existing transportation system safety performance evaluation
• Identification of a safety corridor network and priority locations/emphasis areas
• Equity analysis
• Safety strategies and improvement projects
Assumptions:
1. Where safety strategies and/or improvement projects include engineering
countermeasures, KPG Psomas will prepare planning-level designs and opinions of costs as
described in Task 4.
2. KPG Psomas’ effort for the Safety Analysis task will be limited to the budget shown in the
fee computation estimate.
TASK 4 – Planning-Level Designs and Opinions of Cost
KPG Psomas will prepare planning-level design layouts and corresponding opinions of probable
construction cost for improvement projects that require engineering countermeasures.
Assumptions:
1. Planning-level exhibits and opinions of cost will be prepared for up to three (3) priority
projects.
2. Planning-level exhibits and opinions of cost will be prepared for up to two (2) systemic
improvement projects.
Deliverables:
1. Planning-level exhibits for design layouts
2. Planning-level opinions of cost
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TASK 5 – Project Prioritization
Relying on the opinions of cost prepared under Task 4, KPG Psomas will work jointly with Fehr &
Peers to prioritize projects and summarize findings in a technical memo.
Assumptions:
1. KPG Psomas’ effort for the Project Prioritization task will be limited to the budget shown in
the cost computation estimate.
TASK 6 – Develop Joint Action Plan Document
KPG Psomas will prepare a draft and final Action Plan document.
Assumptions:
1. The Action Plan document will be based on other deliverables prepared under the other
tasks included in this scope of services, including those provided by subconsultants.
2. The Client and Task Force will review and comment on the draft Action Plan document.
3. KPG Psomas will incorporate review comments and prepare a final Action Plan document.
Deliverables:
1. Draft Action Plan document
2. Final Action Plan document
TASK 7 - Develop Douglas County ADA Transition Plan
KPG Psomas will subcontract with Fehr & Peers to lead the development of the ADA Transition
Plan for Douglas County, in accordance with Exhibit A.2.
KPG Psomas will support the development of this plan by providing the following services:
Task 7.1 - Data Collection/Review (Optional)
Field data collection is included as an optional service and must be specifically authorized by the
City prior to the Consultant performing any field data collection services.
• Provide data collection in the field for up to forty (40) hours.
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Task 7.2 - Develop Draft ADA Transition Plan
Provide opinion of probable construction cost for barrier remediation. Costs will be prepared at a
planning level and will be broken down per unit. For example, a cost to replace a curb ramp, or a
sidewalk, a traffic signal component.
Task 7.3 - Develop Final ADA Transition Plan
Review and comment on draft ADA transition plan.
TASK 8 - Develop City of East Wenatchee ADA Transition Plan
KPG Psomas will subcontract with Fehr & Peers to lead the development of the ADA Transition
Plan for the City of East Wenatchee, in accordance with Exhibit A.2.
KPG Psomas will support the development of this plan by providing the following services:
Task 8.1 - Data Collection/Review (Optional)
Field data collection is included as an optional service and must be specifically authorized by the
City prior to the Consultant performing any field data collection services.
• Provide data collection in the field for up to forty (40) hours.
Task 8.2 - Develop Draft ADA Transition Plan
Provide opinion of probable construction cost for barrier remediation. Costs will be prepared at a
planning level and will be broken down per unit. For example, a cost to replace a curb ramp, or a
sidewalk, a traffic signal component.
Task 8.3 - Develop Final ADA Transition Plan
Review and comment on draft ADA transition plan.
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TASK 9 - Develop Douglas County LRSP
KPG Psomas will subcontracted with Fehr & Peers to lead the update of the LRSP for Douglas
County, in accordance with Exhibit A.2.
• KPG Psomas will support the development of this plan by reviewing and commenting on
the draft LRSP plan.
Optional Additional Services
The following services are not included in this scope of work but may be added by supplemental
amendment as mutually agreed upon by the Client and Consultant:
• Environmental permitting
• Topographic survey and basemapping
• Right of way acquisition
• Preparation of plans, specifications, and opinion of construction cost (beyond
planning/conceptual level as described above)
• Construction administration services
FIRM FOUNDATIONS COMMUNITY CONSULTING, LLC
109 Railroad Avenue, Cashmere, WA 98815
Connect@firmfoundationscc.com
@firmfoundationscc
(509) 630-5529
TASK 1 ~ PROJECT MANAGEMENT
Firm Foundations Community Consulting (FFCC) will participate in project coordination
meetings focused on reviewing key assumptions, established goals, and timely deliverables.
Coordination meetings will offer FFCC the ability to review task-level efforts, receive feedback,
and inform of next steps or key findings related to community engagement.
TASK 2 ~ COMMUNITY OUTREACH AND ENGAGMENT (Action Plan, ADA Plans)
• 2.1 ~ Prepare Community Engagement Plan
FFCC will create a Community Engagement Plan (CEP) which serves as a guiding
document for equitable engagement by those who live, work, play, and learn in the
area(s) of the project scope. The CEP provides consistency between the technical and
social aspects of the process including messaging and materials. Development of the CEP
will be guided by the project goals and informed by the staff from the City of East
Wenatchee and Douglas County. Specifics to be included in the CEP, at least, are:
o Stakeholder levels identifying appropriate individuals, groups, and entities for
each level including the who, when, and how they are to participate
o Effective outreach methods such as media, collateral, and events
o Timelines for implementation aligned with project deliverables
o Monitoring approach for effectiveness
o Framework for an involved Task Force
The CEP will incorporate prior and current outreach efforts related to multimodal
planning, projects, studies, and efforts in the project area(s). Collected information will
provide a foundation for an enhance, non-duplicated outreach strategy by honoring
previously collected feedback and reducing planning fatigue among stakeholders.
• 2.2 ~ Conduct Outreach Campaign
The CEP will guide the launch of the outreach campaign process which includes
opportunities for digital and in-person connections and will either be organic (planned
and produced by the team) or complementary (partnering with an existing event). It will
also guide how we approach stakeholder listening sessions, prepare a web-based survey,
and prioritize the digital and/or in-person dialogue.
Expected to include a survey, the CEP will help design the approach to meet feedback
goals that best inform the multi-plan (Action Plan/ADA Transition Plans) development
process and outreach efforts digitally and in-person will be focused on a broad population
response while offering data that provides valuable information for targeted purposes.
All efforts will be made available in English and Spanish with necessary content or
materials being translated/interpreted as needed during outreach. Effective outreach is
Exhibit A.1
FIRM FOUNDATIONS COMMUNITY CONSULTING, LLC
109 Railroad Avenue, Cashmere, WA 98815
Connect@firmfoundationscc.com
@firmfoundationscc
(509) 630-5529
crucial and so ongoing monitoring of results will inform any necessary shifts in the
approach, timeline, or audience interaction.
FFCC will work with the City of East Wenatchee and Douglas County staff to inform
development and operations of a Task Force. The Task Force will be engaged early on in
the process and is expected to help guide the development, implementation, and
monitoring of the joint Action Plan.
Overall, the outreach campaign will result in a civically-informed plan by incorporating
the diversity of voices for those associated with the use of the transportation system in the
City of East Wenatchee and Douglas County.
• 2.3 ~ Outreach Report
Summarizing the entire outreach process, the final outreach report will give insight into
the data analysis, campaign approach, engagement effectiveness, how feedback was
considered for incorporation, and next steps for the plan(s).
TASK 2 DELIVERABLES:
1. A Community Engagement Plan (CEP)
2. Development, facilitation, and guidance for the Action Plan Task Force and its meetings
3. Documentation of all stakeholder interviews, engagement, and feedback
4. List of community events/meetings of the organic and/or complementary type
a. Prioritizing project area(s) such as: East Wenatchee/Rock Island,
Orondo/Waterville/Douglas, and Bridgeport/Rocky Butte
5. Outreach materials to be used across all mediums
6. Web-based survey
7. Outreach report
950 Pacific Avenue | Suite 1220 | Tacoma, WA 98402 | (253) 617-4433 | www.fehrandpeers.com
Scope of Work
The following is Fehr & Peers’ scope of work for the East Wenatchee and Douglas County
Americans with Disabilities Act (ADA) Transition Plans and joint Comprehensive Safety Action Plan
(Action Plan) project. We prepared this scope of work in support of the prime consultant, KPG
Psomas.
Task 1: Project Management
Fehr & Peers will complete project management tasks as part of the overall project, including
submitting monthly invoices and progress reports to KPG Psomas, schedule and budget tracking,
and attending project management meetings with the consultant team and client.
Assumptions
• Project will last approximately 18 months for purposes of invoicing effort
• One Fehr & Peers’ staff will virtually attend up to 18 project management meetings and
up to 4 other meetings as needed, each up to one hour in length.
Deliverables
• Up to 18 monthly invoices and progress reports
• Attendance at up to 22 virtual meetings
Task 2: Community Outreach and Engagement
Fehr & Peers will support the consultant team as part of the community outreach and
engagement efforts for each plan.
Subtask 2.1 Prepare Community Engagement Plan
No Fehr & Peers support for this task.
Subtask 2.2 Conduct Outreach Campaign
This task includes a bank of hours and travel expenses to support in person or remote
engagement opportunities throughout the project, to be identified as the project progresses and
outreach plans are developed.
Assumptions
• See fee table for bank of hours to support this task
Exhibit A.2
East Wenatchee and Douglas County ADA Transition Plan and Action Plan Scope-Fehr & Peers
November 13, 2024
Page 2 of 12
• Expenses are budgeted for up to two in person overnight trips to East
Wenatchee/Douglas County in support of outreach activities and up to two virtual events
Deliverables
• Support of outreach and engagement tasks and in person/virtual attendance at events
Subtask 2.3 Outreach Report
No Fehr & Peers support for this task.
Task 3: Safety Analysis
This task includes the overall safety analysis for both East Wenatchee and unincorporated Douglas
County. For purposes of limiting the analysis to the most traveled roadways, this analysis will
consider major collectors and above for East Wenatchee and minor collectors and above for
unincorporated Douglas County, as shown on the WSDOT Functional Classification Map. State
routes will be included in this analysis, but East Wenatchee and Douglas County may have less
direct control over safety improvements on state routes.
Subtask 3.1 Data Collection/Review
Fehr & Peers will obtain the most recent five-years’ worth of collision data from WSDOT for the
City of East Wenatchee and Douglas County. Fehr & Peers will use available roadway and
contextual data from City and County GIS sources or other readily available sources. The collision
data will be cleaned and combined with the contextual data in a GIS database.
Subtask 3.2 Safety Analysis
Existing Transportation System Safety Performance
Fehr & Peers will examine historic collision data to identify locations that, because of their design
or real-world functionality, account for the majority of traffic fatalities or severe injuries – with
particular focus on vulnerable users such as pedestrians and bicyclists. Our team will also identify
where collisions may be likely to occur based on a systemic assessment of roadway characteristics
and land use. Incorporating this risk assessment eliminates a “blind spot” of many safety action
plans, where an exclusive focus on historical collision patterns may obscure potential threats.
Given the varying land use contexts of East Wenatchee and Douglas County, we will develop
separate analyses for urban and rural locations as the risk factors and potential countermeasures
will likely vary. We will work with City and County staff to identify the exact boundaries for each
analysis.
East Wenatchee and Douglas County ADA Transition Plan and Action Plan Scope-Fehr & Peers
November 13, 2024
Page 3 of 12
Systemic Approach and Priority Location Development
Once the data is in GIS format, Fehr & Peers will analyze reported crashes and look for trends to
determine risk factors. Specifically, Fehr & Peers will investigate the traits of the parties involved,
collision types (e.g., rear-end, broadside), preceding movements, unsafe behaviors, and other
contributing factors like time of day, weather, distraction, or alcohol/ drug influence. Fehr & Peers
will also investigate trends in contextual variables (i.e. risk factors) such as roadway speeds, ADT,
functional class, number of travel lanes, intersection traffic controls, the presence of pedestrian
and bicycle facilities, and the types of nearby land uses, dependent on data availability from each
agency.
The outcome of these analyses will be: (1) separate urban and rural safety corridor networks
(sometimes referred to as a high injury network) identifying safety priority corridors or locations
based on collision history and risk factors; (2) emphasis areas that reflect prominent themes or
patterns in the data relevant to multiple locations across East Wenatchee and Douglas County.
Equity Analysis
Fehr & Peers will identify the locations in Douglas County which are classified as disadvantaged
using a combination of the Climate and Economic Justice Screening Tool and the US Department
of Transportation (USDOT) Equitable Transportation Community (ETC) Explorer. Fehr & Peers will
overlay this data on the safety corridors and emphasis areas to further inform prioritized location
development.
Safety Strategies and Improvement Projects
Based on the results of the crash analysis and risk-based location prioritization, Fehr & Peers will
propose appropriate engineering, enforcement, and education safety countermeasures to address
identified systemwide safety risks and top priority locations. Fehr & Peers assumes KPG Psomas
will prepare planning-level designs and opinions of cost where engineering countermeasures are
proposed.
Wherever suitable, proven measures will be selected from Target Zero, Washington State’s
Strategic Highway Safety Plan, and Federal guidance; associated Crash Modification Factors
(CMFs) will be documented. Countermeasures will be summarized in a technical memorandum
and Excel spreadsheet containing the “main project list,” including estimated safety benefits and
planning-level cost opinions, where applicable. Fehr & Peers will identify the estimated safety
benefits and assumes KPG Psomas will provide planning-level cost opinions.
Assumptions
• Separate analyses will be completed for urban and rural locations
East Wenatchee and Douglas County ADA Transition Plan and Action Plan Scope-Fehr & Peers
November 13, 2024
Page 4 of 12
• East Wenatchee and Douglas County GIS staff will provide relevant data in a timely
fashion, Fehr & Peers will not QA/QC or otherwise clean agency provided data.
• If data is not available in GIS format, Fehr & Peers will work with each agency and the
consultant team to examine other possible solutions, including purchasing data for an
additional fee.
Deliverables
• Urban and rural safety analysis GIS databases
• Draft and Final Existing Conditions Slide Deck summarizing findings
• Map of the Safety Corridors, a list of the prioritized corridors, and geodatabases of the
data.
• Draft and Final Technical Memorandum and Supporting Excel Spreadsheet
Task 4: Planning-Level Designs and Opinions of Cost
No Fehr & Peers support for this task.
Task 5: Project Prioritization
For engineering countermeasures, KPG Psomas and Fehr & Peers will develop Benefit-Cost Ratios
in accordance with FHWA guidance to inform a prioritized list of engineering projects that can be
submitted for future Highway Safety Improvement Program (HSIP) and Safe Streets and Roads for
All (SS4A) grant funding. In addition to developing Benefit-Cost Ratios for projects associated
with the location profile or priority locations identified in Task 3, the project team will consider
systemic projects as appropriate.
KPG Psomas will lead the development of cost estimates for each engineering project or systemic
project bundles using local bid tabs and/or cost information from past projects. For non-
engineering strategies that cannot be quantified with a Benefit-Cost Ratio, project prioritization
will be informed by stakeholder feedback, time frame, and costs to implement.
Fehr & Peers will assist KPG Psomas by estimating the benefits of the high priority projects. Fehr
& Peers will identify the prioritization for the non-engineering strategies. KPG Psomas and Fehr &
Peers will jointly prepare a draft and final technical memorandum summarizing the findings.
Assumptions
• Benefit-Cost Ratios will be developed for all engineering countermeasures but will be
listed separately by agency in line with the urban and rural analyses completed in Task 3.
East Wenatchee and Douglas County ADA Transition Plan and Action Plan Scope-Fehr & Peers
November 13, 2024
Page 5 of 12
Deliverables
• KPG Psomas and Fehr & Peers jointly prepare draft and final technical memorandum
Task 6: Develop Joint Action Plan Document
This task will develop a joint City of East Wenatchee and Douglas County Action Plan. The plan
will be formatted in a way that makes it easy for either agency to update their respective sections
in the future without input/official approval from the other agency, since each agency may have
different needs for update frequency.
Subtask 6.1 Develop Draft Action Plan
Assess Leadership Commitments and Vision & Goals
Fehr & Peers will prepare the following materials to help inform the Vision and Goals for the
Action Plan:
• Summary of citywide and countywide collision data from most recent five years;
• Summary of community input related to transportation safety from previous City and
County plans;
• Examples of safety Vision statements from other similar sized cities and counties; and
• Up to three draft Vision statements for City/County staff and the Task Force to consider.
Fehr & Peers assumes the materials above would be used as content for one of the Task Force
meetings. Prior to that meeting, City/County staff would review and comment on the materials.
Within that Task Force meeting, Fehr & Peers would assist KPG Psomas and FFCC in facilitating
conversation to gather input. Following that meeting, Fehr & Peers would provide an updated,
final Vision statement and Goals that would ultimately be incorporated into the Action Plan.
Assess Current Policies, Plans, Guidelines and Standards
In recent work on other vision zero/safety action plans, Fehr & Peers has developed a Safe System
benchmarking assessment tool. The tool consolidates common policies and processes at a local
level and then identifies how those can be enhanced to integrate the Safe System approach. It
includes federal and state policies that have been either recently established and/or updated.
Fehr & Peers will apply the Safe System benchmarking tool to the City’s and County’s existing
policies, plans, guidelines, and/or standards related to transportation planning, funding, and
design. As part of conducting the assessment, Fehr & Peers will meet with City and County staff to
confirm our understanding of how such resources are applied and any common but less well
documented practices. Fehr & Peers will provide a written draft version of the assessment as well
as facilitate a virtual meeting regarding the findings. After receiving input within the meeting as
East Wenatchee and Douglas County ADA Transition Plan and Action Plan Scope-Fehr & Peers
November 13, 2024
Page 6 of 12
well as any written comments from City and County staff, Fehr & Peers will prepare the final
assessment and related recommendations.
Determine Progress and Transparency Approach
Clear and agreed-upon goals and performance measures and targets will set the stage for
successful implementation. Leveraging work prepared for similar communities, Fehr & Peers will
lead the task of establishing performance measures that align with the goals identified. Fehr &
Peers will prepare draft list of performance measures informed by feedback received from the
safety analyses and community engagement. The performance measures for the Action Plan will
be finalized based on feedback from the Task Force and City/County staff.
Draft Action Plan Document
Fehr & Peers will work with KPG Psomas to develop a draft Action Plan. Fehr & Peers will provide
content relevant to the tasks and sub tasks where Fehr & Peers produced deliverables or findings.
Fehr & Peers assumes KPG Psomas will assemble and produce the draft Action Plan document
itself.
Deliverables
• Draft and Final Vision and Goals
• Draft and Final Benchmarking Assessment
• Content for Draft Action Plan
Subtask 6.2 Develop Final Action Plan
Fehr & Peers will work with KPG Psomas to create the final Action Plan. Fehr & Peers will provide
content relevant to the tasks and sub tasks where Fehr & Peers produced deliverables or findings.
Fehr & Peers assumes KPG Psomas will assemble and produce the final Action Plan document
itself. Fehr & Peers will address comments on the draft Action Plan for the content we
contributed.
Deliverables
• Edits for Final Action Plan
Task 7: Develop Douglas County ADA Transition Plan
Fehr & Peers will lead the development of a Public Right of Way (ROW) ADA Transition Plan for
Douglas County. This analysis will consider minor collectors and above for Douglas County, as
shown on the WSDOT Functional Classification Map.
East Wenatchee and Douglas County ADA Transition Plan and Action Plan Scope-Fehr & Peers
November 13, 2024
Page 7 of 12
Subtask 7.1 Data Collection/Review
Fehr & Peers will review the information previously collected by Douglas County as part of an
early ADA inventory of sidewalks and curb ramps, and advise on whether additional information
will need to be collected. If additional information does need to be inventoried, Fehr & Peers can
develop an ArcGIS Field Maps based collection application so KPG Psomas and/or County staff
can quickly and efficiently update the inventory. The application would load existing GIS based
inventory info from the County, provide forms for inventory staff to input necessary parameters,
and sync back to Fehr & Peers’s Enterprise GIS system. Fehr & Peers will host a one-hour virtual
training with County/City staff to train on the use of the app and data collection procedures.
Examples of the type of parameters we may include for curb ramps are as follows:
Required parameters:
• Curb ramp exists (yes/no)
• Width of ramp (numeric, 36” or greater is required)
• Max cross slope (numeric, less than 2% required)
• Max running slope (numeric, less than 8.3% required)
• Detectable warning surfaces (yes/no)
• Flush edge (no lip) at bottom of ramp (yes/no)
• Counter slope of gutter pan (numeric, change of grade between running slope and
counter slope less than 13.3%)
• If marked crossing is ramp wholly contained within crosswalk (excludes flared sides, N/A,
yes, or no)
Recommended parameters:
• Side flares present? > Cross slope less than 10%
• Space limited and max rise 6” or less, Running slope less than 10%
• Top landing has minimum dimensions of 36” x 36”
• Top landing has max slope of 2%
• If diagonal Ramp, is 48” minimum landing at bottom within marked crosswalk and
outside traffic lanes (N/A, yes, or no)
• Detectable warning surfaces > Contrast with adjacent surfaces (light on dark or dark on
light, N/A, yes, or no)
• Detectable warning surfaces > 24” or deeper in direction of travel (N/A, yes, or no)
• Detectable warning surfaces > Extend full width of curb ramp (excluding flared sides, N/A,
yes, or no)
Once this data is reviewed/collected, Fehr & Peers will develop barrier specific prioritization
processes for each type of facility, to help the County determine how to phase improvements. As
East Wenatchee and Douglas County ADA Transition Plan and Action Plan Scope-Fehr & Peers
November 13, 2024
Page 8 of 12
an example of this barrier specific prioritization, consider two non-compliant curb ramps that
have identical parameters with one exception. One has a max running slope of 9%, while the
other has a 12% running slope. In this example, the 12% slope ramp would be prioritized for
earlier replacement as this is a higher barrier.
It should be noted that WSDOT guidance to local agencies regarding ADA Transition Plan
requirements deems an inventory of two of the following barriers acceptable, and three or more
exceeds minimum criteria: sidewalks, curb ramps, and pedestrian signals. We recommend
including pedestrian signals in the inventory if feasible.
Assumptions
• County (and KPG Psomas if collecting data) have active ArcGIS Online accounts for access
to ArcGIS Field Maps and can provide all licensing for inventory staff. If either does not
have an ArcGIS Online account, Fehr & Peers may be able to provide licensing for an
additional fee.
• Fehr & Peers is not scoped to clean up data collected by KPG Psomas or the agency but
will review at a high level.
Deliverables
• ArcGIS Field Maps Data Collection application
• One-hour virtual training session for app and data collection
• Review and prioritization of ROW barriers
Subtask 7.2 Develop Draft ADA Transition Plan
As part of the overall draft transition plan, Fehr & Peers will interview County staff to determine
what current ADA accommodations are currently provided, who might be identified as the
County’s ADA coordinator, and discuss other items such as an ADA policy statement, and the
County’s current or future ADA complaint/grievance process. These interviews will fulfill the
information needed for the programs, services, and activities self-evaluation sections of the
transition plan.
In addition to a barrier specific prioritization developed under Subtask 7.1, Fehr & Peers will also
develop a location based prioritization heatmap, based on readily available metrics such as
population density, population age, high pedestrian generators, senior care facilities, medical
facilities, government offices, transit. When paired together, this will allow the County to prioritize
the largest barriers that will affect the most people.
Fehr & Peers assumes that KPG Psomas will develop cost estimates for barrier remediation for use
in development of a modification schedule. Fehr & Peers will work with the County to identify
East Wenatchee and Douglas County ADA Transition Plan and Action Plan Scope-Fehr & Peers
November 13, 2024
Page 9 of 12
current or future funding streams that can be used to address ADA barriers and develop a
schedule to match.
Fehr & Peers will lead the development of a draft ADA transition plan, including maps of barriers
by type, prioritization metrics and a prioritized list of barriers, a schedule and cost estimates
(developed by KPG Psomas) for addressing these barriers, and other requirements as outlined in
the WSDOT ADA Transition Plan Requirements letter.
Assumptions
• Up to three one hour virtual interviews with County staff will be conducted by Fehr &
Peers staff
• Census, County, or other readily available data will be used for prioritization, no new data
will be collected.
Deliverables
• Notes from interviews
• Location based prioritization heatmap
• Draft ADA Transition Plan
Subtask 7.3 Develop Final ADA Transition Plan
Fehr & Peers will work to address County and public comments on the draft plan, and will
produce a final plan ready for publication.
Assumptions
• Fehr & Peers will reserve a bank of up to 30 hours of staff time to address comments
• County staff will provide one consolidated/deconflicted set of comments on the draft
plan
Deliverables
• Final transition plan
Task 8: Develop City of East Wenatchee ADA Transition Plan
Fehr & Peers will lead the development of a Public Right of Way (ROW) ADA Transition Plan for
the City of East Wenatchee. This analysis will consider major collectors and above for East
Wenatchee, as shown on the WSDOT Functional Classification Map.
East Wenatchee and Douglas County ADA Transition Plan and Action Plan Scope-Fehr & Peers
November 13, 2024
Page 10 of 12
Subtask 8.1 Data Collection/Review
Fehr & Peers will develop an ArcGIS Field Maps based collection application so KPG Psomas
and/or City staff can quickly and efficiently update the inventory. The application would load
existing GIS based inventory info from the City, provide forms for inventory staff to input
necessary parameters, and sync back to Fehr & Peers’s Enterprise GIS system.
Examples of the type of parameters we may include for curb ramps are as follows:
Required parameters:
• Curb ramp exists (yes/no)
• Width of ramp (numeric, 36” or greater is required)
• Max cross slope (numeric, less than 2% required)
• Max running slope (numeric, less than 8.3% required)
• Detectable warning surfaces (yes/no)
• Flush edge (no lip) at bottom of ramp (yes/no)
• Counter slope of gutter pan (numeric, change of grade between running slope and
counter slope less than 13.3%)
• If marked crossing is ramp wholly contained within crosswalk (excludes flared sides, N/A,
yes, or no)
Recommended parameters:
• Side flares present? > Cross slope less than 10%
• Space limited and max rise 6” or less, Running slope less than 10%
• Top landing has minimum dimensions of 36” x 36”
• Top landing has max slope of 2%
• If diagonal Ramp, is 48” minimum landing at bottom within marked crosswalk and
outside traffic lanes (N/A, yes, or no)
• Detectable warning surfaces > Contrast with adjacent surfaces (light on dark or dark on
light, N/A, yes, or no)
• Detectable warning surfaces > 24” or deeper in direction of travel (N/A, yes, or no)
• Detectable warning surfaces > Extend full width of curb ramp (excluding flared sides, N/A,
yes, or no)
Once this data is reviewed/collected, Fehr & Peers will develop barrier specific prioritization
processes for each type of facility, to help the City determine how to phase improvements. As an
example of this barrier specific prioritization, consider two non-compliant curb ramps that have
identical parameters with one exception. One has a max running slope of 9%, while the other has
a 12% running slope. In this example, the 12% slope ramp would be prioritized for earlier
replacement as this is a higher barrier.
East Wenatchee and Douglas County ADA Transition Plan and Action Plan Scope-Fehr & Peers
November 13, 2024
Page 11 of 12
It should be noted that WSDOT guidance to local agencies regarding ADA Transition Plan
requirements deems an inventory of two of the following barriers acceptable, and three or more
exceeds minimum criteria: sidewalks, curb ramps, and pedestrian signals. We recommend
including pedestrian signals in the inventory if feasible.
Assumptions
• City (and KPG Psomas if collecting data) have active ArcGIS Online accounts for access to
ArcGIS Field Maps and can provide all licensing for inventory staff. If either does not have
an ArcGIS Online account, Fehr & Peers may be able to provide licensing for an additional
fee.
• Fehr & Peers is not scoped to clean up data collected by KPG Psomas or the agency but
will review at a high level.
Deliverables
• ArcGIS Field Maps Data Collection application
• Review and prioritization of ROW barriers
Subtask 8.2 Develop Draft ADA Transition Plan
As part of the overall draft transition plan, Fehr & Peers will interview City staff to determine what
current ADA accommodations are currently provided, who might be identified as the City’s ADA
coordinator, and discuss other items such as an ADA policy statement, and the City’s current or
future ADA complaint/grievance process. These interviews will fulfill the information needed for
the programs, services, and activities self-evaluation sections of the transition plan.
In addition to a barrier specific prioritization developed under Subtask 7.1, Fehr & Peers will also
develop a location based prioritization heatmap, based on readily available metrics such as
population density, population age, high pedestrian generators, senior care facilities, medical
facilities, government offices, transit. When paired together, this will allow the City to prioritize the
largest barriers that will affect the most people.
Fehr & Peers assumes that KPG Psomas will develop cost estimates for barrier remediation for use
in development of a modification schedule. Fehr & Peers will work with the City to identify current
or future funding streams that can be used to address ADA barriers and develop a schedule to
match.
Fehr & Peers will lead the development of a draft ADA transition plan, including maps of barriers
by type, prioritization metrics and a prioritized list of barriers, a schedule and cost estimates
(developed by KPG Psomas) for addressing these barriers, and other requirements as outlined in
the WSDOT ADA Transition Plan Requirements letter.
East Wenatchee and Douglas County ADA Transition Plan and Action Plan Scope-Fehr & Peers
November 13, 2024
Page 12 of 12
Assumptions
• Up to three one hour virtual interviews with City staff will be conducted by Fehr & Peers
staff
• Census, City, or other readily available data will be used for prioritization, no new data will
be collected.
Deliverables
• Notes from interviews
• Location based prioritization heatmap
• Draft ADA Transition Plan
Subtask 8.3 Develop Final ADA Transition Plan
Fehr & Peers will work to address City and public comments on the draft plan, and will produce a
final plan ready for publication.
Assumptions
• Fehr & Peers will reserve a bank of up to 30 hours of staff time to address comments
• City staff will provide one consolidated/deconflicted set of comments on the draft plan
Deliverables
• Final transition plan
Task 9: Develop Douglas County LRSP
Douglas County has developed a draft Local Road Safety Plan (LRSP). Fehr & Peers will review the
draft plan and advise on whether updates are needed before finalizing. For the purposes of this
task, Fehr & Peers has reserved a bank of up to 90 hours to complete updates to the draft plan.
This LRSP will likely be supplanted by the joint City/County Action Planonce complete, but the
LRSP may need to be adopted by the County in time for winter/spring 2025 state grant deadlines.
Assumptions
• If additional hours are needed to finalize the plan, Fehr & Peers will work with KPG
Psomas and County staff to reallocate scope and fee.
Deliverables
• Final Douglas County LRSP
Exhibit B
DBE Participation
Agreement Number:
Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
No DBE Participation Goal for this project.
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
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4
See Exhibit A, Scope of Work
See Exhibit A, Scope of Work
See Exhibit A, Scope of Work
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
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4
See Exhibit A, Scope of Work
See Exhibit A, Scope of Work
See Exhibit A, Scope of Work
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4
See Exhibit A, Scope of Work
See Exhibit A, Scope of Work
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 4 of 4
See Exhibit A, Scope of Work
See Exhibit A, Scope of Work
See Exhibit A, Scope of Work
Exhibit D
Prime Consultant Cost Computations
Agreement Number:
Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
- KPG Psomas Cost Computation
- KPG Psomas Rate Table
- KPG Psomas ICR
EXHIBIT D
PRIME CONSULTANT COST COMPUTATIONS
City of East Wenatchee/Douglas Co.
Action Plan, ADA Transition Plan, LRSP
KPG Psomas Inc. Project Number:9EAS010200
Date: 11/13/2024
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$80.00 $71.00 $72.00 $48.00 $52.00 $65.00 $51.00 Hours Totals
48 41 0 0 0 19 10 118 8,496.00$
34 52 0 0 0 0 0 86 6,412.00$
10 16 4 0 0 0 0 30 2,224.00$
12 36 0 0 12 0 0 60 4,140.00$
8 16 0 0 0 0 0 24 1,776.00$
12 28 0 0 0 0 12 52 3,560.00$
12 32 0 40 0 0 0 84 5,152.00$
12 32 0 40 0 0 0 64 5,152.00$
4 8 0 0 0 0 0 12 888.00$
152 261 4 80 12 19 22 530 37,800.00$
ICR Overhead @ 174.17% = 65,836.26$
Fixed Fee @ 30% = 11,340.00$
Total KPG Psomas (DL + OH + Fixed Fee) = 114,976.26$
Firm Foundations 52,000.00$
Fehr & Peers 309,830.00$
361,830.00$
Mileage at current IRS rate 500.00$
500.00$
Management Reserve 22,693.74$
500,000.00$ Total Estimated Budget
Total Labor Hours and Fee
Subconsultants
Task 5 - Project Prioritization (Action Plan, LRSP)
Task Total
Total Subconsultant Expense
Reimbursable Direct Non-Salary Costs
Total Reimbursable Expense
Task 6 - Develop Joint Action Plan Document
Task Total
Task 7 - Develop Douglas County ADA Transition Plan
Task Total
Task 8 - Develop City of East Wenatchee ADA Transition Plan
Task Total
Task 9 - Develop Douglas County LRSP
Task Total
Client:
Project Name:
Task Total
Task
No.Task Description
Task Total
Task 3 - Safety Analysis (Action Plan, LRSP)
Task Total
Task 4 - Planning Level Designs and Opinions of Cost (Action Plan, LRSP)
Labor Hour Estimate
Total Hours and Labor
Cost Computions by Task
Task 1 - Project Management
Task Total
Task 2 - Community Outreach and Engagement (Action Plan, ADA Plans)
Page 1 of 1
Direct Salary Costs
Classification Not to Exceed
Principal 109.00
Engineering Manager I 80.00
Engineering Manager II 96.00
Asst. Engineering Manager 79.00
Senior Engineer I 71.00
Senior Engineer II 75.00
Project Engineer I 61.00
Project Engineer II 68.00
Design Engineer I 49.00
Design Engineer II 51.00
Design Engineer III 56.00
Engineering Technician 42.00
Technician 37.00
Engineering Assistant 34.00
Senior Project Manager Survey 94.00
Survey Crew I (w/Equip) 78.00
Survey Crew II (w/Equip) 99.00
Field Surveyor I 38.00
Field Surveyor II 50.00
Field Surveyor III 56.00
Project Surveyor I 58.00
Project Surveyor II 63.00
Surveyor I 35.00
Surveyor II 48.00
Surveyor III 53.00
Urban Design Manager 81.00
Senior Landscape Architect I 63.00
Senior Landscape Architect II 74.00
Project Landscape Architect I 57.00
Project Landscape Architect II 61.00
Landscape Designer I 38.00
Landscape Designer II 42.00
Landscape Designer III 49.00
Landscape Assistant 33.00
Senior Transportation Planner 72.00
Transportation Planner 45.00
Environmental Manager 83.00
Senior Environmental Planner I 67.00
Senior Environmental Planner II 90.00
Managing Biologist I 67.00
Managing Biologist II 74.00
Managing Biologist III 84.00
Senior Archaeologist 61.00
GIS Manager 59.00
Senior Biologist I 50.00
Senior Biologist II 58.00
Word Processor 44.00
Biologist I 29.00
Biologist II 39.00
Biologist III 47.00
Environmental Planner 58.00
Editor 33.00
GIS Tech 32.00
Cultural Resource Specialist 30.00
Senior Construction Manager 92.00
Construction Manager 72.00
Senior Resident Engineer 69.00
Resident Engineer 57.00
Assistant Resident Engineer 50.00
Senior Construction Observer 70.00
Construction Observer I 39.00
Construction Observer II 48.00
Construction Observer III 52.00
Construction Technician 36.00
Document Control Specialist I 42.00
Document Control Specialist II 50.00
Document Control Specialist III 54.00
Document Control Admin 38.00
Construction Assistant 34.00
CAD Manager 66.00
Senior CAD Technician 52.00
CAD Technician 46.00
Business Manager 65.00
Senior Admin 51.00
Office Admin 40.00
Office Assistant 36.00
Reimbursables billed at actual costs.
Mileage billed at the current approved IRS mileage rate.
KPG Psomas Inc.
Summary of Direct Salary Costs
Effective November 1, 2024 through December 31, 2025
Exhibit D
August 12, 2024
KPG Psomas
3131 Elliott Avenue, Suite 400
Seattle, WA 98121
Subject: Acceptance FYE 2023 ICR – CPA Report
Dear Tracy Zucker:
We have accepted your firm’s FYE 2023 Indirect Cost Rate (ICR) of 174.17% of direct labor
based on the “Independent CPA Report” prepared by K Coe Isom, LLP. This rate will be applicable
for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be
subject to additional review if considered necessary by WSDOT. Your ICR must be updated on
an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: kb
Exhibit D
Exhibit E
Sub-consultant Cost Computations
If no sub-consultant participation 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.
Agreement Number:
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
E.1 - Firm Foundations Community Consulting - $52,000.00
E.2 - Fehr & Peers - $309,830.00
role
Principal Project
Manager
Director of
Language
name
Brooklyn
Holton
Breylin
Sawyer
Mario
Reyes
Alyce
Brown
Nathan
Brown
direct salary $150.00 $100.00 $60.00
Labor:
Work Task Hours Fee OH Fee TOTAL
1 TASK 1 - Project Management
2 Progress Reports / Invoicing 2 6 8 $900 1,080.00 270.00 2,250.00
3 Coordination Meetings 12 12 24 $3,000 3,600.00 900.00 7,500.00
22 TASK 2 - Community Outreach and Engagement
23 2.1 - Community Engagement Plan 10 3 13 $1,800 2,160.00 540.00 4,500.00
24 2.2 - Action Plan Task Force 10 5 15 $2,000 2,400.00 600.00 5,000.00
25 2.2 - Stakeholder Interviews 10 10 5 25 $2,800 3,360.00 840.00 7,000.00
26 2.2 - Community Events 15 20 5 2 42 $4,710 5,652.00 1,413.00 11,775.00
27 2.2 - Online Engagement 5 3 3 11 $1,290 1,548.00 387.00 3,225.00
28 2.3 - Outreach Report 10 10 $1,500 1,800.00 450.00 3,750.00
29 0 $0 - - -
Total Hours 74 59 10 5 148 $21,600.00 $5,400.00 $45,000.00
Labor Costs $11,100 $5,900 $600 $400 $18,000.00
Overhead Rate 120.00%$21,600.00
Fee (as a % of labor)30.00%$5,400.00
Miscellaneous Expenses:
Item
1 Travel
2 Outreach Marketing & Materials
Total Reimbursable Expenses
Number / Project Name
City of East Wenatchee/Douglas County Action PlanSubconsultant: Firm Foundations Community Consulting
$5,500
$1,500
Associate
$80.00
TOTAL ESTIMATE $52,000$7,000
Reimbursable
Cost
Exhibit E.1
May 28, 2024
Brooklyn Holton, Principal
Firm Foundations Community Consulting, LLC.
109 Railroad Ave
Cashmere, WA 98815-1228
Re: Firm Foundations Consulting, LLC
Safe Harbor Indirect Cost Rate
Dear Brooklyn:
Washington State has received approval from our local Federal Highway Administration (FHWA)
Division to continue administering the “safe harbor” indirect cost rate program on engineering and
design related service contracts, as well as for Local Public Agency projects.
We have completed our risk assessment for Firm Foundations Community Consulting, LLC. We
conducted our assessment based on the documentation provided by the firm. The reviewed data
included, but was not limited to, a description of the company, basis of accounting, accounting system
and the basis of indirect costs. Based on our review, your firm is eligible to use the Safe Harbor rate.
You have opted to use the Safe Harbor rate, rather than provide a FAR-compliant rate at this time.
We are issuing the Safe Harbor Indirect Cost Rate of 120% of direct labor, and a field rate, where
applicable, of 90% of direct labor for Firm Foundations Consulting. The Safe Harbor rate is effective on
May 28, 2024.
Firm Foundations Consulting has agreed to improve Internal Controls and timekeeping processes to be
able to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition
Regulations (FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and
information related to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of
120%, or 90% for field office situations, for agreements entered prior to June 30, 2027. For agreements
entered after this date, please contact the WSDOT Consultant Services Office (CSO) or our office for
guidance.
The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs
contact if you have questions about when to apply the Safe Harbor rate to your agreement.
If you have any questions, please contact Steve McKerney or me at (360)705-7799.
Sincerely,
Jarron Elter
Agreement Compliance Audit Manager
cc: Steve McKerney, Director of Internal Audit
Maryna Ya
File
Exhibit E.1
Fee Proposal for East Wenatchee and Douglas County ADA and Comprehensive Safety Action Plans
Fehr & Peers (Subconsultant)
Project
Manager
Principal-
in-Charge
Sr. Planner/
Engineer
Project
Planner/
Engineer
Graphics/
GIS/CAD
Project
Coordinator
Labor
Hours
Direct
Costs Total
Tasks $250 $350 $165 $145 $205 $150
Task 1 - Project Management
50 10 20 46 126 $1,050 $27,250
Task 2 - Community Outreach and Engagement
2.1 Prepare Community Engagement
Plan 0 0 $0 $0
2.2 Conduct Outreach Campaign 65 10 15 15 13 118 $2,300 $28,650
2.3 Outreach Report 0 0 $0 $0
Task 3 - Safety Analysis
3.1 Data Collection/Review 20 5 20 40 11 96 $700 $18,200
3.2 Safety Analysis 70 15 30 80 20 27 242 $1,900 $49,350
Task 4 - Planning-Level Designs and Opinions of Cost
0 0 $0 $0
Task 5 - Project Prioritization
5 5 15 15 5 45 $340 $8,740
Task 6 - Develop Joint Action Plan
6.1 Develop Draft Action Plan 70 20 40 70 30 29 259 $2,070 $53,820
6.2 Develop Final Action Plan 20 5 10 20 10 8 73 $580 $15,130
Task 7 - Develop Douglas County ADA Transition Plan
7.1 Data Collection/Review 10 10 15 25 8 68 $510 $13,160
7.2 Develop Draft ADA Transition Plan 20 10 20 40 20 14 124 $950 $24,750
7.3 Develop Final ADA Transition Plan 5 2 10 10 5 4 36 $270 $6,945
Task 8 - Develop City of East Wenatchee ADA Transition Plan
8.1 Data Collection/Review 10 10 15 25 8 68 $510 $13,160
8.2 Develop Draft ADA Transition Plan 20 10 20 40 20 14 124 $950 $24,750
8.3 Develop Final ADA Transition Plan 5 2 10 10 5 4 36 $270 $6,945
Task 9 - Develop Douglas County LRSP
20 10 20 20 10 10 90 $730 $18,980
Total for all Tasks 390 104 250 390 170 201 1,505 $13,130 $309,830
Notes:
This fee proposal is valid for a period of 90 days from the proposal submittal date.
Actual billing rate at the time of service may vary depending on the final staffing plan at the time the project starts; the overall fee will not be exceeded.
Mileage is billed at the IRS rate plus 10% handling fee
Rates and non-key staff are subject to change at any time, without notice, and within the total budget shown
1
Exhibit E.2
June 11, 2024
Fehr and Peers
100 Pringle Ave, Suite 600
Walnut Creek, CA 94596
Subject: Acceptance FYE 2023 ICR – CPA Report
Dear Lysa Wollard:
We have accepted your firm’s FYE 2023 Indirect Cost Rate (ICR) of 181.39% based on the
“Independent CPA Report” prepared by DL Purvine, CPA, PLLC. This rate will be applicable for
WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject
to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual
basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: sms
Exhibit E.2
Agreement Number ____________ Local Agency A&E Professional Services Cost
Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include 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 or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4.Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (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- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including, but not limited to:
a.withholding payments to the contractor under the contract until the contractor complies; and/or
b.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (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. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Local Agency A&E Professional Services 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), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
•Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
•Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Exhibit G
Certification Documents
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of _______________________________
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
City of East Wenatchee
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 of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (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
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
KPG Psomas Inc.
KPG Psomas Inc.
23 South Wenatchee Avenue, Suite 223, Wenatchee, WA 98801
City of East Wenatchee
11/14/2024
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; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the
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
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
East Wenatchee
x Certified Authority
City of East Wenatchee KPG Psomas Inc.
Washington State Dept. of Transportation
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I.The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
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
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
KPG Psomas Inc.
11/14/2024
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000,
and that all such sub-recipients shall certify and disclose accordingly.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
KPG Psomas Inc.
11/14/2024
Exhibit G-4 Certificate 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
2.101 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 the
contract price was agreed to.
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
G-4 IS ONLY
REQUIRED WHEN
PROJECT IS
OVER $500,000
N/A
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $ .
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $ .
Such insurance coverage shall be evidenced by one of the following methods:
•Certificate of Insurance.
•Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $ .
Include all costs, fee increase, premiums.
This cost shall not be billed against an FHWA funded project.
•For final contracts, include this exhibit.
Agreement Number:
Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
N/A
N/A
N/A
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant’s agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
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) are a total
of $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
the additional work; and
Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency’s project manager. The project manager will review the consultant’s claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
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 associated
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.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2