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HomeMy WebLinkAboutRes-2020-185BOARD OF COUNTY COMMISSIONERS COI.JNTY OF'KITTITAS STATE OF'WASHINGTON RES'LUTT'N No. zozo - \8 S AWARD A LOCAL AGENCY AGREEMENT TO KPG P.S. FOR THE DESIGN AND ENVIORNMENTAL PERMITTING F'OR THE PAVEMENT AND GUARDRAIL REPLACEMENT ON VANTAGE HIGFIWAY Mp 21.25 - Mp 27.51, CRp 298-19 WHEREAS: Public Works recently solicited for qualified design and engineering firms pursuant to state and federal procurement regulations for the design and environmental permitting for Vantage Highway improvements CRP 298-19; and WHEREAS: Four (4) qualified engineering firms responded to the request for qualifications with the process closing on August 13,2020; and WHEREAS: A review committee of Public Works staff evaluated responses, and reviewers selected KPGP.S. as the prefered firm to provide said services; and WHEREAS: A scope of work and fee has been negotiated and accepted by said Consultant and Public Works; and NOW' THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby approve the award to KPGP.S. of a local agency agreement for the design and environmental permitting for the pavement and guardrail replacement on Vantage Highway \/P 2L25 - MP 27.5t, CRP 298-19. DATED on this 3rd day of November 2020, at Ellensburg, Washington. BOARD OF COLTNTY COMMISSIONERS KITTITAS COLINTY, Board- Julie Kjorsvik Vice-Chairman n Deputy Clerk of the Board- Mandy Buchholz w Cory Wright, Commissioner Local Agency A&E Professional Selrces Negotiated Hourly Rate Consultant Agreement Agreement Number: lndex of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Local Agency A&E Professional Sewices Negotiated Hourly Rate Consultant Agreement 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 Certifi cation Documents Liability Insurance Increase Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreenrcnt Number _ fog" I of U Firm/Organization Legal Name (do not use dba's): KPG, P.S. Address 23 S Wenatchee Ave, Ste 223,Wenatchee WA 98801 FederalAid Number UBlNumber 601-248-468 FederalTlN 91-1477622 Execution Date November 3, 2020 Completion Date December 31 ,2022 1099 Form Required I ves T No Federal Participation Yes f] r'lo Project Title Vantage Highway Pavement and Guardrail Replacement Description of Work KPG will provide design and environmental permitting for pavement and guardrail replacement on Vantage Highway MP 21.25 to MP 27.51. Project tasks include: pavement design utilization reinforcing fiber material, replacement of all existing guardrail for T-31 compliance and associated system improvements as required, such as relocated drainage or other impacted existing infra-structure, less franchised utilities. KPG will utilize County supplied survey providing the basis of the design work. E v"t I ves I ves I ves I I I No DBE Participation No MBE Participation No WBE Participation No SBE Participation Maximum Amount Payable: $248,995.00 Management Reserve $1 00,000 Total $348,995 Revised 01/01/2020 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (l) of this AGREEMENT,between the Kittitas County hereinafter called the "AGENCY," and the "Firm I Organization Name" referenced on page one (l) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (l) 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 fumish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenantso and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: l. 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. ll. 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. lll. 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 ofWashington. Local Agency A&E Professionul Sewices Negotiated Hourly Rate Consultant Agreement Agreement Number _ Ptgt 2-f 14Revised 0l/01/2020 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 "8" 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 30o/o of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30%o of the total amount of IhisAGREEMENT. In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE firms maximum practicable opportunities. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitvcompliance.com program. Payment information shall identifu any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal attainment. All Reports, PS&E materials, and other data fumished 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, retum receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Mark Cook Agency: KittitasCountY Address: 411 North Ruby Street, Suite 1 City: Ellensburg State: WA Zip: Email: mark.cook@co.kittitas.wa.us Phone: 509-962-7692 Facsimile: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement If to CONSULTANI': Name: Josh Fedora Agency: KPG, P.S. Address:23 S wenatchee City: Wenatchee Email: iosh@kpg.com Phone: sog-063-27i1 Facsimile: State: WA Zip:98001 Agreement Number _ Ptg, 3 ,f U 98926 lV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled "Completion Date.'o 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. Revised 01/01/2020 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 3l (www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "D" and ooE" attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become apart of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT's fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits 6'D" and "E" shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E" will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits "D" and "8" shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct Gaw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fee. Agreement Number _ Psg" 4 of 14 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 0I/01/2020 A. Direct Non-salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT's Accounting Manual M 13-82, Chapter l0 - Travel Rules and Procedureso and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work." No minimum amount payable is guaranteed under thisAGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates established in Exhibit "D," including names and classifications of all employees, and billings for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmiffed to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings E.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager. Local Agency A&E Professionsl Semices Agreement Number - Negotiated Hourly Rate Consultant Agreenrent Revised 01/01/2020 Page 5 of 14 Vl. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgment between the parties All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76,0I1. The CONSULTANT, sub-recipiento 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. Vll. Employment and Organizational Conflict of lnterest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT forthe CONSULTANT. Agreement Number: Local Agency A&E Professional Sewices Negotiated Hourly Rate Consultant Agreement Agreement Number _ fage 6 of 14Revised 0I/01/2020 Vlll. 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 (Public Law (42 U.S.C. Chapter 21 Subchapter V g 100-259) 2000d through 2000d-4a) . American with Disabilities Act of 1990 (42 . Federal-aid Highway Act of lg73 (23 U'S'C' Chapter 126 $ 12101 et' seq') U.S.C. Chapter 3 5 324) . 23 CFR Part200 . Rehabilitation Act of 1973 . 49 CFR Part2l (29 U.S.C. Chapter 16 Subchapter V $ . 49 CFR Part26 794) . RCw 49.60.180. Age Disuimination Act of 1975 (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. lX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final paynent shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and thetime which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Local Agency A&E Professionql Semices Negotiated Hourly Rate Consultant Agreen ent Agreement Number _ fog, 7 of 14Revised 01/01/2020 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 andlor 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 CONSULTANTTo 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. Ghanges of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct effors 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.oo Xl. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within l0 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 erors 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. Xll. 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 vendorso of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Agreement Number _ fog, I of la Local Agency A&E Professionul Sewices Negotiated Hourly Rate Consultant Agreentent Revised 01/01/2020 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 vendorso of any tie , or any other persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE andlor 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 andlor AGENCY's, their agents', officers and employees' failure to comply with specific written instructions regarding use provided to STATE andlor 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 disuetion, 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 andlor 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 5l RCW. The Parties have mutually negotiated this waiver. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Agreentent NumberLocal Agency A&E Professional Sewices Negotiated Hoarly Rate Consultant Agreement Revised 01/01/2020 Page 9 of 14 Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 0l 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occunence 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 l0 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 andlor 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 andlor 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 reseryes 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: Liz Remeto Agency: Kittitas County Department of Public Works Address: 411 North Ruby, Suite 1 City: Ellensburg State: WA Zip: 98926 Email: liz.remeto@co.kittitas.wa.us Phone: 509-962-7523 Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liabilityto third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third part, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise inlaw. Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreentent Number _ fog" 10 of laRevised 0I/01/2020 Xlll. 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 AGREEMENTaccordingly. 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 thisAGREEMENT. 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. XlV. 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. XVl. Gertification of the Consultant and the Agency Attached hereto as Exhibit "G-l(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2)) Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit 66G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit *G-4" Certificate of Cument 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. XVll. GompleteAgreement 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 thisAGREEMENT. Xvlll. 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, walranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. Local Agency A&E Professionsl Services Negotiated Hourly Rate Consultant Agreentent Agreement Number Revised 01/01/2020 Page 11 of14 XlX. Protection of Gonfidential lnformation 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 'oState's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and notto make use of the State's Confidential lnformation for any pu{pose 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, usedo or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which is proprietary andlor 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 parly at the conclusion of the SERVICES under this AGREEMENT. Local Agency A&E Professional Services Negotiated Hourly Rate Consaltant Agreen ent Agreement Namber _ fog" 12 ofURevised 01/01/2020 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential andlor 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 andlor 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 andlor 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. RecordsMaintenance 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, 'odocuments" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Locul Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreentent Agreement Number _ fog" 13 oflaRevised 01/01/2020 For purposes of this AGREEMEN'|, o'ES[" means any and all computer dataor 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 seryers, 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 ftles" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (l) of this AGREEMENT. W*,Doffi Signature /o/z a /zazo K?6, P. s,Date Any modification, change, or reformation of this AGREEMENT shall require approval as toform by the Office of the Attorney General. Date Local Agency A&E Professional Semices Negotlated Hourly Rale Consuhanl Agrcemenl Agrcement Namber _- PA;H ofTTRevlsed 0I/01/2020 Exhibit A Scope of Work Project No. Please See Attached Exhibit A, Scope of Work Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Agreement Number _ I<PG Exhibit A Scope of Work Kittitas County Public Works Vantage Highway Pavement and Guardrail Replacement (MP 21.25 lo27.SLl KPG Project No.2OO47 October 23,2020 lntroduction and Background Existing pavement conditions along Vantage Highway (MP 21.25 to MP 27.5L1have deteriorated and requires structural reinforcing. The subgrade is also suspected of having been damaged by significantly heavy loads. The project overlay will result in the need to replace the existing guardrail to meet standards. The project is funded by federal, state and local funds. Federal funding is provided by the Highway Safety lmprovement Program (HSIP)and is designated specifically for guardrail improvements. State funding is provided by the County Road Administration Board (CRAB), and the project has been assigned a mandatory 2% UDBE goal. The County has selected KPG, P.S. (KPGlto lead project permitting, develop a complete project design, produce bid document plans, specifications, and engineer's estimate, provide bidding support, and provide limited construction support. Project Description Vantage Highway from MP 21.25 to MP 27.5L (approximate western end of WB passing lane to Vantage City Limits) is anticipated to be repaired and improved with a fiber reinforced asphalt concrete overlay. The additional roadway thickness from the overlay will require new guardrail to meet minimum height standards. The road's vertical and horizontal alignment is not expected to be altered. Shoulder widening is not anticipated except as/if needed to meet current guardrail standards. Vantage Highway within the project limits is classified as a County Rural Collector with an ADT of 586 with 47% trucks. The County has performed a lidar survey of the project extents and has provided to KPG for use in design. The survey is adequate for the overlay and guardrail project design but has not been corrected to vertical datum values. No further adjustment to the survey data is anticipated. Existing utilities within the roadway corridor have not been located by the utility owners or included in the project survey. Utilities are expected to include underground cable and fiber owned by Consolidated Communications. Overhead power is within the roadway corridor but is beyond the edge of pavement and is not anticipated to impact the project. There are no utility relocations and minimal coordination with the utility owners expected for project. The project consists of pavement design for the overlay using fiber reinforced asphalt concrete, guardrail design to current WSDOT design guidelines, supporting geotechnical investigation, cultural assessment and NEPA permitting. 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpo.com A summary of the anticipated project elements are as follows. o Geotechnicalinvestigation o Cultural Resources Assessment o NEPA Categorical Exclusion (CE) in coordination with WSDOT o Traffic control o Erosion control o Pavement and overlay design o Guardrail design o Site restoration The specific scope of work for these improvements is described in the following tasks. ICPG Page l2 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpg.com If.PG TASK 1- PROJECT MANAGEMENT Objective: Provide management of staff and resources, monitor and manage the project budget and project schedule, and provide client contact, billing, and progress reports. Consultant Responsibilities: t . Contract administration, invoicing, accounting, auditing, and monthly progress reports. 2. lnternal resource management and prioritization of resources. 3. Management of the project schedule and budget. 4. Sub-consultant management and coordination. 5. Funding agency submittals. 6. UDBE documentation. Assumptions: !. lnvoices and progress reports will be submitted monthly via email in KPG format. 2. lnvoices will be addressed to the County. No coordination will be made with funding agencies for the release of project funds. 3. Design duration is September 2O2O through June 2021-, Countv Responsibilities: 1. N/A Deliverables: L. Monthly progress reports. 2. Monthly invoices. 3. Funding agency submittals. 4. UDBE documentation. Page l3 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpg.com I<,PG TASK 2 - GEOTECHNICAL DESIGN Objective: Perform a geotechnical investigation for the project, provide engineering analysis and recommendations for pavement overlay design and document in a geotechnical report. Consultant Responsibilities: !. Mark proposed coring locations. 2. Perform "One Call" state utility notification to locate underground utilities. Adjust boring locations as needed. 3. Prepare Right of Way use application and submit to Kittitas County. 4. Prepare traffic control plan and submit to Kittitas County. 5. Perform visual assessment of pavement condition. 6. Perform 20 pavement cores and shallow subsurface excavations using hand tools to assess pavement layer thicknesses and subgrade support conditions. Pavement cores will be backfilled with compacted gravel and patched with Aquaphalt cold patch. 7. Prepare photographic logs of pavement cores and assign laboratory testing on selected samples. 8. Perform engineering analyses for pavement overlay design. 9. Prepare a draft geotechnical report presenting the results of our explorations and engineering recommendations. 10. Prepare final geotechnical report. Assumptions: 1. The subject matter of the report will be limited to the project overlay 2. Temporary traffic control for coring can be provided using flaggers. Countv Responsibilities: L. N/A Deliverables: t. Draft and Final Geotechnical report for the Vantage Highway Pavement and Guardrail Replacement project. Page l4 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpg.com IT,PG TASK 3 - CULTURAL RESOURCES ASSESSMENT Objective: Provide a cultural resources assessment for the project area of potential effect pursuant to the requirements of the Section 106 of the National Historic Preservation Act. Consultant Responsibilities: t. Provide a cultural resource investigation of the area to be impacted by the project and identify any cultural resources which may be adversely affected by the project. 2. Review the Washington lnformation System for Architectural and Archeological Records Data (WISAARD) database maintained by the Department of Archeology and Historic Preservation (DAHP) and publicly available background literature to help identify potential traditional cultural properties. 3. Provide informal contact with interested tribe(s). 4. Perform a pedestrian ground survey. Field work will be performed in a manner consistent with RCW 27.53.030 and will include inspection techniques to identify both surface and subsurface archaeological resources. The proper field methods will be completed, at the archaeologist's discretion, depending upon information obtained during the background review and fieldwork. An unmanned aerialvehicle may be deployed for project mapping. Subsurface inspections could involve shovel excavations, or mechanical auger excavations, and screening of the fill to identify the nature and extent of any potential archaeological resources. 5. Prepare a cultural assessment report for the project including an inadvertent discovery plan if required by the funding or permitting agency. Assumptions: 1. This proposal does not include interviewing tribal elders. 2. lf cultural resources are located during this project, further work, investigation, or analysis may be required to evaluate whether the resource(s) is/are eligible for inclusion on the National Register of Historic Places; this survey could result in a recommendation for professional archaeological monitoring during excavation activities at project execution or other additional work; any such additional work, investigation, evaluation, or analysis is not included in this price proposal. 3. This proposal does not include the inventory or formal National Register of Historic Places (NRHP) evaluation of any buildings, bridges, or other structures near the project area whose evaluation may be requested by interested or other parties. Countv Responsibilities: N/A Deliverables: L. Cultural Assessment Report for the Vantage Highway Pavement and Guardrail Replacement project. Page l5 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpg.com ITPG TASK 4A- 30% pRELtMtNARy DESTGN (PAVEMENT REpAtR AND OVERLAY) Objective! Develop 30% design for Vantage Highway pavement repair and overlay consisting of plans and construction cost estimate. Develop cost evaluation of paving alternatives. Consultant Responsibilities: L. Participate in design coordination meetings with the County. Prepare agendas, figures, meeting minutes and other exhibits as necessary. Assumes up to two coordination meetings. Coordination meetings for Task 4A and 48 will be at the same meeting. 2. Develop a high level cost evaluation of feasible paving alternatives based upon recommendations of the project geotechnical report and project goals. 3. Prepare 30% Review Submittal for review and approval by the County. The submittal will include, at a minimum, the following: a. Plans i. Survey Basemap - Develop from County provided lidar survey for use in design development. This effort is common between Tasks 4A and 48 and one basemap will be developed for the project. ii. Typical Sections iii. Paving Plans and Details b. Construction Cost Estimate Assumptions: 1-. County provided Lidar survey is complete and adequate for the overlay project design and does not require correction to vertical datum values. Countv Responsibilities: L. Provide Lidar survey of project. 2. Provide review and direction for paving alternatives 3. Provide review of 3O% design. Deliverables: L. Cost Evaluation of Paving Alternatives 2. 30% Review Submittal: Plans and Construction Cost Estimate Page l6 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpg.com II,PGi TASK 48 - 30% PRELTMTNARY DESTGN (GUARDRATL REPLACEMENT AND UPGRADE) Objectivei Develop 30% design for Vantage Highway guardrail replacement and upgrade consisting of plans and construction cost estimate. Consultant Responsibilities: L. Participate in design coordination meetings with the County. Prepare agendas, figures, meeting minutes and other exhibits as necessary. Assumes up to two coordination meetings. Coordination meetings for Task 4A and 48 will be at the same meeting. 2. Prepare 30% Review Submittal for review and approval by the County. The submittal will include, at a minimum, the following: a. Plans i. Survey Basemap - Develop from County provided lidar survey for use in design development. This effort is common between Tasks 44 and 48 and one basemap will be developed for the project. ii. Guardrail Plans and Details b. Construction Cost Estimate Assumptions: L. County provided Lidar survey is complete and adequate for the guardrail project design and does not require correction to vertical datum values. Countv Responsibilities: L. Provide Lidar survey of project. 2. Provide review of 3oo/o design. Deliverables: 1-. 30% Review Submittal: Plans and Construction Cost Estimate Page l7 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpg.com II'PG TASK 5 - ENVIRONMENTAL Objective: Prepare and submit environmental analysis and permitting for project approval underfederal, state, and local laws and regulations. Environmental permitting includes NEPA and SEPA processes and assumes that each will receive a categorical exclusion. Consultant Responsibilities: 1. Prepare Draft NEPA Environmental Classification Summary (ECS) and SEPA Checklist based upon project specifications and existing technical studies. These will identify potential environmental impacts and any mitigation measures necessary to reduce project impacts to less-tha n-significant levels. 2, Prepare Final NEPA ECS and SEPA Checklist. Revise drafts based on review and input from County, WSDOT and other State agencies, as required and submit final drafts. Assumptions: L. Project will receive a NEPA Categorical Exclusion 2. Project will receive a SEPA Categorical Exclusion 3. Completion of the NEPA/SEPA will meet requirements of local laws and regulations and no additional local permitting is required. 4. Project does not result in an increase of impervious surface 5. Project does not require or include right of way acquisition 6. Project does not result in change to existing traffic volumes or patterns 7. Project does not result in substantial changes in noise levels (except temporary construction noise) 8. Project does not result in changes to land use. 9. Project does not result in changes to air and water quality 10. Project does not include non-exempt demolition activities 11. No previous land use with potential for hazardous materials and no anticipated disturbance of hazardous materials. 12. Project does not fall within the 100-year floodplain 13. Project is not within 300 feet of a water body, wetlands, environmentally sensitive area, listed endangered or threatened species or critical habitat. 1.4. Project does not include use of properties protected by Section (fl of the Department of Transportation Act (49 U.S.C. 303) 1,5. No effort beyond that provided for in Task 3 Cultural Resources Assessment is required in relation to cultural and historic resource management. Countv Responsibilities: L. N/A Page l8 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpg.com IT.PG Deliverables: L, Draft NEPA ECS and SEPA Check|ist 2. Final NEPA ECS and SEPA Checklist Page l9 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpg.com I<,PG TASK 6A - FTNAL DESTGN (PAVEMENT REPATR AND OVERLAY) Objectivei Develop final project design for the Vantage Highway pavement repair and overlay including construction plans, specifications, and cost estimate. Perform the design congruent with guardrail design, permit requirements and the recommendations of the geotechnical report. Consu ltant Responsibilities: L. Participate in design coordination meetings with the County. Prepare agendas, figures, meeting minutes and other exhibits as necessary. Assumes up to two coordination meetings. 2. Coordinate with utility owners within the project area. lt is anticipated that the utilities may include Consolidated Communications, Kittitas County PUD and Puget Sound Electric. 3. Prepare a 9O% Review Submittal for review and approval by the County. The 90% submittal will incorporate review comments and build upon the 30% submittal and will include, at a minimum, the following (for plans that are common between Task 6A and Task 68, one plan will be prepared for both tasks): a. Plans i. Survey Basemap ii. TypicalSections iii. Paving Plans and Details iv. Site Preparation Plans v. Site Restoration Plans vi. Miscellaneous Details vii. Traffic Control Plans b. Specifications c. Construction Cost Estimate d. lnternal aA/aC review 4. Prepare a Pre-Bid Review Submittal for review and approval by the County. The Pre-Bid submittalwill incorporate review comments and build upon the 90% submittal and will include, at a minimum, the following (for plans that are common between Task 64 and Task 68, one plan will be prepared for both tasks): a. Plans i. Survey Basemap ii. TypicalSections iii. Paving Plans and Details iv. Site Preparation Plans v. Site Restoration Plans vi. Miscellaneous Details vii. Traffic Control Plans b. Specifications c. Construction Cost Estimate d. lnternal aA/aC review Page 110 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpg.com KP{G e. WSDOT Bid Document Approval Coordination 5. Prepare Bid Documents. The Bid Documents will incorporate review comments from the Pre-Bid review and will include, at a minimum, the following (for plans that are common between Task 6A and Task 68, one plan will be prepared for both tasks): a. Plans i. Survey Basemap ii. TypicalSections iii. Paving Plans and Details iv. Site Preparation Plans v. Site Restoration Plans vi. Miscellaneous Details vii. Traffic Control Plans b. Specifications c. Construction Cost Estimate d. lnternal aA/aC review Assumptions: t. Roadway design will be in accordance with the Kittitas County Code, WSDOT Design Manual, AASHTO guidelines, and MUTCD standards as applicable. Where conflicts exist between standards, the County will provide direction or request the Consultant's recommendation. 2. Drafting and plan productions will be completed using KPG standards. 3. Project specifications will be based on the most recent edition of the 2021 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction. 4. KPG will coordinate with utility owners to identify existing utilities and incorporate into the design as/if required. No utility relocations are anticipated but if needed, will be designed and constructed by the utility owner. 5. The project does not require a drainage report and is not included in this scope of work. 6. The project does not include design of pedestrian surfaces or ADA compliant pedestrian access routes. 7 . This scope of work does not include attendance or facilitation of public meetings or hearings. 8. No Right-of-Way acquisition or permanent easements are required or are included within this scope of work. Countv Responsibilities: t. The County will assist KPG in coordinating with utility owners as needed to facilitate timely input and responses. 2. Provide comments and guidance to KPG for each design deliverable which will form the basis for development of each subsequent submittal. Page 111 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpq.com I<.PG Deliverables: L. 90% Review Submittal: Plans, Specifications and Construction Cost Estimate 2. Pre-Bid Review Submittal: Plans, Specifications and Construction Cost Estimate 3. Bid Document Submittal: Plans, Specifications and Construction Cost Estimate Page 112 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpg.com II.PG TASK 68 - FTNAL DESTGN (GUARDRAIL REPTACEMENT AND UPGRADEI Objective: Develop final project design for the Vantage Highway guardrail replacement and upgrade including construction plans, specifications, and cost estimate. Perform the design congruent with pavement repair and overlay design, permit requirements and the recommendations of the geotechnical report. Consultant Responsibilities: t. Participate in design coordination meetings with the County. Prepare agendas, figures, meeting minutes and other exhibits as necessary. Assumes up to two coordination meetings. 2. Coordinate with utility owneis within the project area. lt is anticipated that the utilities may include Consolidated Communications, Kittitas County PUD and Puget Sound Electric. 3. Prepare a 90% Review Submittal for review and approval by the County. The 90% submittal will incorporate review comments and build upon the 30% submittal and will include, at a minimum, the following (for plans that are common between Task 64 and Task 68, one plan will be prepared for both tasks): a. Plans i. Survey Basemap ii. TypicalSections iii. Guardrail Plans and Details iv. Site Preparation Plans v. Site Restoration Plans vi. Miscellaneous Details vii. Traffic Control Plans b. Specifications c. Construction Cost Estimate d. lnternal aA/aC review 4. Prepare a Pre-Bid Review Submittal for review and approval by the County. The Pre-Bid submittal will incorporate review comments and build upon the 90% submittal and will include, at a minimum, the following (for plans that are common between Task 64 and Task 68, one plan will be prepared for both tasks): a. Plans i. Survey Basemap ii. TypicalSections iii. Guardrail Plans and Details iv. Site Preparation Plans v. Site Restoration Plans vi. Miscellaneous Details vii. Traffic Control Plans b. Specifications c. Construction Cost Estimate Page 113 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpg.com IE.P(G d. lnternal QA/qC review e. WSDOT Bid Document Approval Coordination 5. Prepare Bid Documents. The Bid Documents will incorporate review comments from the Pre-Bid review and will include, at a minimum, the following (note that for plans that are common between Task 6A and Task 68, one plan will be prepared for both tasks): a. Plans i. Survey Basemap ii. TypicalSections iii. Guardrail Plans and Details iv. Site Preparation Plans v. Site Restoration Plans vi. Miscellaneous Details vii. Traffic Control Plans b. Specifications c. Construction Cost Estimate d. lnternal OA/aC review Assumptions: L. Roadway design will be in accordance with the Kittitas County Code, WSDOT Design Manual, AASHTO guidelines, and MUTCD standards as applicable. Where conflicts exist between standards, the County will provide direction or request the Consultant's recommendation. 2. Guardrail design will be in accordance with the WSDOT Design Manual and WSDOT Standard Plans. 3. Drafting and plan productions will be completed using KPG standards. 4. Project specifications will be based on the most recent edition of the 2021 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction. 5. KPG will coordinate with utility owners to identify existing utilities and incorporate into the design as/if required. No utility relocations are anticipated but if needed, will be designed and constructed by the utility owner. 6. The project does not require a drainage report and is not included in this scope of work. 7. The project does not include design of pedestrian surfaces or ADA compliant pedestrian access routes. 8. This scope of work does not include attendance or facilitation of public meetings or hearings. 9. No Right-of-Way acquisition or permanent easements are required or are included within this scope of work. Countv Responsibilities: L. The County will assist KPG in coordinating with utility owners as needed to facilitate timely input and responses. Page 114 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpo.com If,,PGi 2. Provide comments and guidance to KPG for each design deliverable which will form the basis for development of each subsequent submittal. Deliverables: L. 90% Review Submittal: Plans, Specifications and Construction Cost Estimate 2. Pre-Bid Review Submittal: Plans, Specifications and Construction Cost Estimate 3. Bid Document Submittal: Plans, Specifications and Construction Cost Estimate Page 115 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpg.com ITPG TASK 7 - ASSISTANCE DURING BIDDING Objectivei Provide support and assistance to the County in all aspects of the bidding and award process, including bid review and recommendation of award. Consultant Responsibilities: L. Prepare bid advertisement(s)for publication for County review and use. 2. Distribute bid documents to plan centers. 3. Respond to bidder inquiries and prepare and distribute addenda if needed 4. Attend bid opening. 5. Review bidder's qualifications and provide recommendation for award. Assumptions: 1. The project will include no more than two addenda. Countv Responsibilities: L. The County will coordinate and pay for bid advertisements. 2. The County will host and lead the bid opening. 3. The County will develop the bid tabulation. Deliverables: L. Electronic and hard copy files of all plans, specifications, estimates, and addenda. 2. Draft advertisement for publication. 3. Bid documents to utility companies and plan centers. 4. Recommendation for award. Page 116 23 Wenatchee Ave, Suite 223, Wenatchee, WA 98801 P:509.663.2711 www.kpg.com Es.PG MANAGEMENT RESERVE Kittitas County may require additional services or an expanded level of effort for the tasks listed in this scope of work. The scope of additional services will be determined at the sole discretion of Kittitas County. Work may include, but is not limited to, additional civil design, geotechnical analysis, design revisions, and field monitoring or inspection of construction. Additional services associated with this project will be authorized by Kittitas County under management reserve. At the time these services are required, the Consultant shall provide a detailed scope of work and estimate of the costs. The Consultant shall not proceed with the work untilthe County has issued a notice to proceed. Page 117 23 Wenatchee Ave, Suite 223,Wenatchee, WA 98801 P:509.663.2711 www.kpg.com Exhibit B DBE Participation Plan In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE maximum practicable opportunities. This project has a UDBE Goal of 2o/o. KPG will meet this goad by utilizing the following UDBE Certifi ed Subconsultant: HWA GeoSciences, lnc. - Cert #D5F0024692 -Budget $28,206 -Geotechnical Services as described in Task 2 Total Commitment to UDBE - $28,206 Local Agency A&E Professionul Services Negotiated Hourly Rate Consultant Agreement Revised 0l/01/2020 Agreement Nuruber Exhibit C Preparation and Delivery of Electronic Eng ineering 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: L Surveying, Roadway Design & Plans Preparation Section A. Survey Data Please see Scope of Work B. Roadway Design Files Please see Scope of Work C. Computer Aided DraftingFiles Please see Scope of Work Local Agency A&E Professional Sewices Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Agreement Number D. Specify the Agency's Right to Review Product with the Consultant Please see Scope of Work E. Specify the Electronic Deliverables to Be Provided to the Agency Please see Scope of Work F. Specif'What Agency Furnished Services and Information Is to BeProvided Please see Scope of Work Local Agency A&E Professional Sewices Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Agreement Number II. Any Other Electronic Files to Be Provided Please see Scope of Work IIL Methods to Electronically Exchange Data Please see Scope of Work Local Agency A&E Professionq.l Services Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Agreement Numher A. Agency Software Suite Please see Scope of Work B. Electronic Messaging System Please see Scope of Work C. File Transfers Format Please see Scope of Work Local Agency A&E Professional Sewices Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Agreement Number Exhibit D Prime Consultant Cosf Computations Please see Exhibit D, Attached - KPG Fee Estimate - KPG Billing Rate Sheet - KPG WSDOT Overhead Rate Letter Local Agency A&E Professionql Semices Negotiated Hourly Rate Consultant Agreement Revised, 01/01/2020 Agreement Number EXHIBIT D PRIME CONSULTANT COST COMPUTATIONS Client Kittitas County Proiect Vantage Highway Pavement and Guardrail Replacement (lVlP 2 1 .25 to lVlP 27.51 ) KPG PROJECT NUMBER: 20047 Task No.Task Descrlptlon fotal Hours and Labor Fee Estlmato by Ta6kEnginssring Managor $enlor Piojod Enoin6€r Prcj6ct Enginoor CAD T€chnlclan Offc€ Assistant 0 226,00 s 1G4.00 $ 140.00 $ 103.00 $ t{.00 HouE Fs Task 1 - Prolect Managemont 1.1 Conlraci Admlnisiralion. lnvoicino and Prooress Reoorls 4 16 16 $4 712.OO 1.2 Prolocl Coordinalion. Budoei and Schedule Manaoemenl 20 20 s 328000 't.3 Subconsuhanl Msneoemenl end coordinrllon to 20 $ 328000 14 Fundind Aoencv SubmiHsls and c6ordinalidn t6 )o $ 328000 15 JDBE Documenl!lion ,o 16 Tark Total 4 96 0 0 32 132 s 19.016.00 Task 2 - Geotechnlcal Deslgn (Pavement Corlng Fleld Work and Report - UDBE Subconsultant) avement Corino Field Woft and Reoorl. soe subconsullsnl HWA G€osciences Taak Total 3 Task 3 - Cultural Resources Assessment (Subconsultant) 31 :rtrrrrl RosdrrrcBs Fi.ld Wd* rnd R.b.n -... (rh.on.rrrrht pl.t.ril Ar.h.dl^di.al Task Tot l I Task 4A - 30% Pr6llmlnary Deslgn (Pavement Repalr and Overlay) Preoarc Hioh Level Cosl Evelualion of Pevind /qhemelives 1 15 ao do 100 $13 2d8 00 44.2 aA.3 12 ,o s , 356 nO 2 4 Trsk Total G 28 114 111 I 263 E 33,724,00 Task 48.30% Prellminary Deslgn (Guardrall Rsplacemeni and Upgradel tB-a Suruev Basemai 8 12 20 s 2.356.00 Twicsl S€clions 8 8 1.944.00 Guerdreil Plens and Details 56 40 96 11.960.00 Ouanlitv Takeoffs end Cosl Edimrl€2 15 4 22 2 980 00 6A/OC Revie.s ,2 2 t I s 1 ?5600 Sublolr 2 t 90 66 0 162 20-506.00 Task Total 2 12 98 74 I 187 t 23,836,00 1of 3 Task No. Ta3k Descrlptlon Total Hours and Labor Fo€ Estlmat€ by TaskEnglneering Manager Senior Prorsc{Projeot Englne6r CAD Techniclan Offm Asslstanl 3 226.00 I 164,00 I 140.00 s 103.00 $ 74.00 Hours Fao Task 5 - Environmental 5.3 Preosrelion of Final NEPA CE SEPA Ch€cklist Documentelion 8 4 Task Total 4 24 120 0 I 156 , 22,232.00 Task 6A - Flnal Design (Pav6m6ni Ropair and Overlay! n^rdinrtidn rnd Maetind. with C6'rntv /l lb t6 2 Maelinn.\a t t6 $ 3dodoo 543 Sile Preo./Resto€lion Plens and Misc. Deleils Conslruclion Traffic Conhol Plans 8 16 24 Ournlllv Takeoffs snd Cosl Estimsle 4 8 12 $ 1.776.00 Sbecificelion Peckaoe 2 4 20 26 s 3.908.00 OA/OC Review 2 2 2 2 I Sublott 1 t0 71 71 0 162 $20.526.00 6A/t lncom6rrt6 9Oo4 ReUFw C.mmenla rnd Pmdr.a lOOo/" PlenR rnd Snaci 1 I t4 {o 6C O"rhlilvTrk.dtre rnd Cnri F.timrt.a s 1 ItO 60,a $1 '66 00 g d 730 00 CA5 lncoDorale Pre.Bld Review Commenls and Produce Bid Document Plans and SDecs 4 OuanlilvTakeoffs and Cosl Eslimal€ OA/OC R6vi€s 2 2 2 2 8 s 1.266.00 Sublolal 2 26 32 0 G6 I 6.372.00 Task Totrl I 42 170 't 66 1 391 t 50,116.00 Task 68 - Flnal Deslgn (Guardrail Replacement and Upgrade) 6B.1 loordinalion and Meelinos wilh Counlv lL,o lo 2 Me€linos) 68.2 6B.3 Tvbical S€cllons 4 8 12 s 't 384 00 Guardreil Plans and Deleils 48 80 s f0 0t6 00 Sile Pr.n /R.st6rrti6n plrns rnd Mlsc Dctrlls I )t 3)s 3 592 00 C6n(tnr.ti6n Trrtrc Cdnirdl Plrn.a ?A 3)$3 5C' 00 1t s I 776 00 2 ol3 Enginesdng Manager senior Proj€cl Fndlneer Prcj€ct Engine6r CAD T€chnician Offi6 Assistant Total Hours end Labor Fee Estlmate by TaskTask No.Task Descdptlon $ 226.00 $ 164.00 3 140.00 $ 103.00 I 7{.00 Houra Fe 68.4 lncomorel€ g0o/. Review Commenls and prdduce 10Oo/" Plans and Sbec.to Ouantnv Trk.6fis rnd C6sl Fslimrtr WSDOT Rld ndc'rment Andrdvrl C.drdinrtidn Sublott 6B-5 ln.6rn6rat. pr.-Rid R.view Cnhmant. ^nd pr dil.F Rid n^."manl ph^c rnd sh.^.24 30 58 7.'t06.00 8 8 1 t20 00 OA/OC Review 2 2 2 2 I I 266 00 Subtotr 2 6 34 32 0 7t 9.!tS2.00 Tstk Total g 42 218 182 4 455 t 68,484.00 Task 7 - Assistance Ouring Biddlng 71 8 I 24 3.256.00 8 'I 312.OO Evaluallon and R€commondalion SuDDort 4 4 4 12 I 512 00 Task Total 0 24 16 8 4 62 I ?,296.00 Total Prlme Consultant Labor Hours and Fso 34 268 736 5U 54 1,636 I 211,704.00 Subconsultants Toial Subconsultant F€o s 34,291,00 Subtotal Estlmatod Fc€$ 248,995.00 3 t00.000.00 3of3 KPG, PS Summary of Negotiatod Costs Effective January 1,2020 through December 31, 2020 Classlflcatlon 2020 lnclusfu. R.le {Roundod io 3ll PrinciDal 252 Architecture Technician I 92 Architecture Technician ll 116 Assistant Resident Ensineer 128 Avialion Manaoer 168 Business Manaoer 160 CAD Manaoer '163 CAD Technician 103 Construction Assistant 68 Construction Manaqer 172 Construction Observer I s1 Construction Observer ll 114 Construction Technician 83 Desidn Endineer 116 Document Control Admin 76 Document Control SDecialist '112 Enoineerino Assistant 83 Enoineerino Manaoer 226 Enoineerino Technician 96 Field Surveyor 107 Landscape Technician 92 Office Admin 88 Office Assistent 74 PrinciDal Architect 215 Proiect Enoineer 140 Proiect Landscaoe Architect 130 Proi€ct Survevor 't42 Resident Enoineer 125 SeniorAdmin 103 Senior Architect 152 Senior CAD Technician 123 Senior Construction Manasor 216 Senior Conslruction Observer 142 S6nior Endineer 147 Senior Field Survevor 114 Senior Proiect Enoineer 't64 Senior Resident Enoineer 142 Senior Survev T6chnician 'l't7 Senior TransDortetion Planner 153 Survey Assistant 77 Survev Crew I (WEouio)171 Survev Crew ll (WEouio)219 Survev Manaqer 226 Survey Technician 96 Technician 92 Transportation Plariner 100 Urban Desion Manager 179 Subs billed at cost plus 5%. Reimbursables billed at actual costs. Milease billed at the current approved IRS milease rate. Washhtgton $tetc Dcpiltmtnt of Trrnrportatbn Dovelopmrnt Dlvlrlon Contmct Strvlc6 Ottlce PO Box 47408 Olympia, WA S8504-7'IOB 7345 UndeFon Way SW TumwsteG WA 98501-6504 TIY: 'l-800-833-6388 wwwwsdot.wa,gov April23,2A20 KPG, P.S. 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 Subject: Acceptance FYE 2019 ICR - Risk Assessment Review Dear Susan Rowe: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2019 ICR of 154.56%. This rate will be applicable for Local Agency Contracts in Washington only. This rate may be subject to additional review ifconsidered 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 cognuant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultr ntrstes(Awsdot.wa,sov. Regards; Jonson, Erik Apr 27 2020 8:46 AM. cosSnFJb- ERIK K. JONSON Contract Services Manager EKI:ah Exhibit E Sub-co nsultanf Cosf Computations The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of theAGENCY. Refer to section VI "Sub-Contracting" of IhisAGREEMENT. HWA GeoSciences, lnc. - $28,206 Plateau Archaeological lnvestigations, LLC - $6,085 Local Agency A&E Professionul Services Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Agreement Number PmJect Coil Eriin.r. Vmlag. Hlghsoy Prvenent Ihveillgillon K$rrr Countl, Wshhlton fiMt lHwncmsqrNf,Istl.c HWAR.a: AnL1ll Ode 1GS+d) for nC Coordinale locslioD of 20 p{vm€nl eres s ith KPG. We 6sMe po\'ement cores i\ill bc relstivcly evoly spaed along lhe slipmenl. Prepmhafficcontolpld(TCP) mdRightofWay(ROW)usapplicationand$bmiltoKittitasCountyforapprcval. Perfom vi$ol asmql olpavemml @ndilion ftd mart l@ation of pavmml 6rcs md mmSe for ulility locals. Porfom 20 pavment @res along vilh shallorv subsurfae *osvalioD using hmd tools to ases pavemsil layer lhiclne$cs sd sbgmde suppon condilions. We sssme pr\qnenl mrs trill requir€ flagg€re for taffic 6nhl. Pald€nl mrcs lvill be I'aclilled wilh compactsil grvel md patched wilh Aquphalt @ld potch. PEpdE phologrphic logs of pa\rmilt 6ts md Nsign lsbomtory te$ing on *lsted smrples. Perfom sginsing uslyses Rlated to pavmdl ovdlay dsigr. Prepm , draft r€pod prsoling the re$lb of ow er?lorations ed enginsing recom€ndslions. Iinolik repoi based on re\'is, smsb. Eg. NO.unt I Ota {tdbso Limits o s2m $0 @ Fs DIm ($16dday/psen) $1,328 Trdficcotrol Hm $0 Pdmdt Cdiry (@ $60/dd $1 ,2m Trdf ic Cmrd (Fl4gsEArowboad/SgdEtc.) $6,(m LstraN Tdim $1.150 TOTAL DIRECT E(PENSES I i1O128 I Dird SddV Cds(DSC) $5,565 oH @194.86%' DSC $10,844FixedFe@3ooz'Dsc 31.670 Tdd LSqCods $18,078DirdExpre $10128 GR NDTOTAL: |@ Asrumd Condllloh!: 1. All co8t8 ate oslimated, and may b€ lncroasod or docFasod wlthln ths limlts ottho total budgot al lhe disc,otion ot HWA'6 prcject managor. 2. No Strsel U6e Pemlts/ROW Us6 too6 wll b6 requksd. 202G1 1'l Vantago Hwy 09-lG20rb TASK TOTALIOTALI,^'''J a Washington State Department ol llanrportatlon Development Dhlrlon Contract Services Olfice PO Box 47408 Olympia, WA 98504-7408 7345 Llnderson Way SW Tumwater, WA 98501 -6504 TTY: 1-800{33-6388 www.wsdot.wa.gov June26,2020 HWA GeoSciences, Inc. 21312 30tr Drive SE, Suite 110 Bothell, WA 98021 Subject: Acceptance FYE 2019 ICR- CPA Report Dear Vasiliy Babko: We have accepted your firms FYE 20l9Indirect Cost Rate (ICR) of 194.86% of direct labor (rate includes 0.41% Facilities Caprtal Cost of Money) based on the "Independent CPA Reporto" prepared by T-MAX CPA. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the frm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consu ltantrates@wsdot.wa. gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Vantage Highway Reconstruction Project Cultural Resource Survey Price Proposal The Kittitas County Public Works Department is preparing to conduct a pavement maintenance project on the old Vantage Highway. The work will extend 6 miles from the city limits of Vantage to the west toward Kittitas and Ellensburg. The project will resurface the three travels lanes with new overlay, possibly following shallow grinding. Full guardrail replacement will also be performed. Storm water management is not anticipated at this time. The project area covers approximately 7 acres and lies in Section 19 of Township 17 North, Range 23East, and Sections 17, 'J.8,'1,9,20,2'1.,22,23, and24 of Township 17 North, Range 22East, Willamette Meridian. This project will be federally funded and administered by the Federal Highway Administration (FHWA). As such, potential impacts to cultural resources must be considered as per Section 106 of the National Historic Preservation Act (NHPA). This cultural resource investigation will include a review of the Washington Information System for Architectural and Archaeological Records Data (WISAARD) database maintained by the Department of Archaeology and Historic Preservation (DAHP) in Olympia, a background literature review, informal contact with the interested tribe(s), a pedestrian ground survey, and the preparation of a report. The fieldwork will be completed in a manner consistent with RCW 27.53.030, and will include inspection techniques to identify both surface and subsurface archaeological resources. The proper field methods will be completed, at the archaeologists discretion, depending upon information obtained during the background review and fieldwork. An unmanned aerial vehicle may be deployed for project mapping. Subsurface inspections could involve shovel excavations, or mechanical auger excavations, and screening of the fill to identify the nature and extent of any potential archaeological resources. 1. This agreement is for a cultural resource investigation of the areas to be impacted during the proposed Vantage Highway Reconstruction Project, Kittitas County, Washington. The purpose of the investigation is to identify any cultural resources which may be adversely affected by the project. 1..1. The area of potential effect to be investigated is the physical location of the proposed disturbances required by the project. 2 Plateau Archaeological Investigations, LLC (Plateau) will conduct the cultural resource survey. 3 This project will consist of a background search, field investigation of the project area to identify any cultural resources, research of public documents to help identify potential traditional cultural properties, and preparation of a report. 3.1 This proposal does not include interviewing tribal elders to help identify possible Traditional Cultural Properties. 2Plateau Archaeological Investigations - 2020 Vantage Highway Reconstruction Project Cultural Resource Survey Price Proposal 4 If cultural resources are located during this project, further work, investigation, or analysis may be required to evaluate whether the resource(s) is/are eligible for inclusion on the National Register of Historic Places; this survey could result in a recommendation for professional archaeological monitoring during excavation activities at project execution or other additional work; any such additional work, investigation, evaluation, or analysis is not included in this price proposal. 4.1, This proposal does not include the inventory or formal National Register of Historic Places (NRHP) evaluation of any buildings, bridges, or other structures near the project area whose evaluation may be requested by interested or other parties. 5 An email describing the findings of the field investigation will be sent to Joseph Howard, P.E. of KPG within five working days of completion of the field work. The correspondence will include preliminary recommendations regarding project monitoring or any other suggestions for additional work. 5.1 An electronic draft copy of the report in Portable Document Format (PDF) will be provided to KPG within twenty working days of completion of the field work. 5.2 Any review and comment upon the draft report will be provided to Plateau within thirty days of receiving the draft report. 5.3 Plateau will upload the final report to the DAHP's WISAARD portal, and provide contact information to request a review of the documentation. Since the submittal process varies by funding and permitting agency, Plateau will assist with submissions and verify that the reports are submitted with all appropriate cover sheets and/or exhibits. 6 KPG agrees to provide any of the following that are available or possible: 6.L All available correspondence related to cultural resources from or to the funding or permitting agency/ DAHP, or any other interested parties. 6.2 The most current set of project plans, preferably in an electronic format. 6.3 Geographic Information System (GIS) data for the project. 6.4 Inclusion of Plateau's logo on the construction sign for the project. JPlateau Archaeological Investigations - 2020 PLATEAUS Arcu:olocrclt I xv:srrcATrors, LLc P.O. 8or 714, Pullmu, Vrrhington 99161 Vantage Highway Reconstruction Project Overhead Cost (Including payroll additives) Fixed Fee Reimbursibles Exhibit D Prime Consultant Cost Computations 95.3%2,232.40 29.0o/"679.33 Lodging M&IE Mileage Postage Field Supplies 190.00 220.00 393.88 15.00 12.00 830.88 Direct Salary Cost (Composite) Breakdown at Work Hours Rate of Pay Estimated Cost Principal Investigator Historian Project Manager Project Archaeologist GIS Specialist Field Archaeologist Field Archaeologist Field Archaeologist Research Assistant 1,6 0 0 0 10 38 34 0 10 36.00 0.00 0.00 0.00 29.25 20.00 16.00 0.00 17.00 576.00 0.00 0.00 0.00 292.50 760.00 544.00 0.00 170.00 Totals 2,342.50 Total 830.88 Grand Total $6,085.11 ^-'W H:Fllffil3n *1T",,"**a*on Trancpofiation Building 310 Maple ParkAvenue S.E. P.O. Box 47300 Olymda, WA 985M-7300 360-70s-7000 TTY: 1-80G833-6388 www.wsdot.wa.gov August 1,2019 Plateau Archeological Investigations, LLC P.O. Box 714 Pullman, WA 99163 Subject: Acceptance FYE 2018 ICR - Risk Assessment Review Dear David Harder: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2018 ICR of 95.30% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consu ltantrates@wsd ot.wa. gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR Audit Office Review Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: l. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter refened to as the "REGULATIONS"), which are herein incorporated by reference and made a part of thisAGREEMENT. Z Non-discrimination: The CONSULTANT, with regard to the work performed during thisAGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the disuimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4, Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: . Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, andlor; . Cancellation, termination, or suspension of this AGREEMENT, in whole or inpart. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragaphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATEand/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Local Agency A&E Professional Semices Negotiated Hourly Rate Consultant Agreentent Revised 01/01/2020 Agreement Number Exhihit G Certifi cati on Docu ment Exhibit G-l(a) Exhibit G-l(b) Exhibit G-2 Exhibit G-3 Exhibit c-4 Certifi cation of Consultant Certificatio,, o1 Kittitas County Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Local Agency A&E Professionul Semices Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Agreement Number Exhlbit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPG, P.S. whose address is 23 Wenatchee Ave., Wenatchee, WA 98801 and that neither the above firm nor I have a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTAIIT) to solicit or secure thisAGREEMENT; 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 IhisAGREEMENT; 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 CONSULTAND any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (ifany); I acknowledge that this cerriricate is to be furnished to the KittitaS COu nty and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. KPG, P.S. Consultant (Firm Name) nhelz,nz.v (Auftorized fficial of Consultanl)Date Local Agency A&E Pralesslonol Senlces Negolialed Hoaily Rote Consallonl Agrcement Revtsed 0I/01/2020 Agreemenl Number Exhibit G-1(b)Gertification of Kittitas County I hereby certify that I am the: x Certified Authority n otrt"t of the L;{+i+^-. (,*-,lu , and or its representative has not be# required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; o b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department 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. 4/ar/zrz^ ) Local Agency A&E Professionq,l Services Negotiated Hourly Rate Consultant Agreement Date Revised 01/01/2020 Agreement Numher Exhibit G-2 Ceftification 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 govemmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; an D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. KPG, P.S. Consultant (Firm Name) (Authorized Official of Consullant)Date Loctl Agency A&E Professlonal Semlces Negotialed Hourly Rale ConsuUant Agrcemenl Revlsed 0I/01/2020 Agreement Namber 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 undersignedn to any person for influencing or attempting to influence an offrcer 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, grffit, loan or cooperativeAGREEMENT. 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 l352,Title 31, U.S, Code. Any person who fails to file therequire 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 certifu and disclose accordingly. KPG, P.S. Consultant (Firm Name) /rllp n / zrtzrt (Authorized Official of Consultant)Date Local Agency A&E Professlonil Services Negotlaled Hourly Rote Consullant Agrcemenl Revlsed 01/01/2020 Agrcement Number Exhibit G-4 Certification of Current Gost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Conhacting Offlrcer or to the Contracting Officer's representative in support gf Vanlage Highway Psvemenl and Guardrall Replacoment * are accurate, complete, and current as of to lzt /za ?ta 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 Govemment that are part of the proposal. p;11n; KPG, P,S. Title Date of Execution ln,/z n /zn *'*rt. +ldentifr the proposal, quotation, request for pricing adjustmcnt or othcr submission involved, giving the appropriate identif,ing number (e.g, project title.)**lnsert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reaohed. r'*rlnsert the day, month, and year, ofsigning, which should be as close as practicable to the date when the price negotiations were concluded and the conhact price was agreed to. Local Agency A&E Professlonal Senlces Negotlared Hourly Rate Consallant Agrcement Revised 0I/01/2020 Agreement Number Exhibit H Liabi I ity I n surance lncrease 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 fe $ N/A The CONSULTANT shall provide Professional Liability insurance with minimum per occuffence limits in the amount sf $ N/A 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 $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements . Include all costs, fee increase, premiums. 1$ N/A . This cost shall not be billed against an FHWA funded project. . For final contracts, include this exhibit Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Agreement Number Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution andlor 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 enor(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurence, 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 enor(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 enor(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. . There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Local Agency A&E Professionsl Semices Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Agreement Number 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 enor(s) affects eligibility of project costs for federal reimbursement. . If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. . If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Local Agency A&E Professional Semices Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Agreement Number Exhibit J Gonsultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) total a $1,000 or lesso it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to theAgency's project manager. The consultant's claim must outline the following: . Summation of hours by classification for each firm that is included in the claim . Any correspondence that directed the consultant to perform the additional work; . Timeframe of the additional work that was outside of the project scope; . Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and . Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement andlor new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Agreement Number Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: . Copy of information supplied by the consultant regarding the claim; . Agency's summation of hours by classification for each firm that should be included in the claim . Any correspondence that directed the consultant to perform the additional work; . Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associate with the additional work; . Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); . Explanation to describe what has been instituted to preclude future consultant claim(s); and . Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concuffence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit Local Agency A&E Professional Sewices Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Agreement Number