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HomeMy WebLinkAboutResolution_LAG Agmt KPFF_NThorpHwyBridgeKITTITAS COUNTY Board of County Commissioners AGENDA STAFF REPORT AGENDA DATE: May 4, 2021 ACTION REQUESTED: Request to approve a Resolution to award a Local Agency A&E Professional Services Consultant Agreement to KPFF, Inc. for the design and environmental permitting for the North Thorp Highway - Yakima River Bridge CRP 302-20 BACKGROUND: Kittitas County Public Works advertised for statement of qualifications supporting design and environmental permitting for preventative maintenance on North Thorp Highway — Yakima River Bridge (No. 97341), with submittals due November 12, 2020. Public Works staff received three (3) qualified proposals. A review committee evaluated the responses and selected KPFF, Inc. as the preferred firm to provide said services. A Local Agency Architecture and Engineering (A&E) Professional Services Consultant Agreement has been negotiated and provided for approval by the Board. INTERACTION: Public Works RECOMMENDATION: Approve the Resolution to award a Local Agency A&E Professional Services Consultant Agreement to KPFF, Inc. for the design and environmental permitting for the North Thorp Highway — Yakima River Bridge CRP 302-20 HANDLING: Return one (1) original to Public Works ATTACHMENTS: Resolution, Local Agency A&E Professional Services Consultant Agreement LEAD STAFF: Josh Fredrickson, County Engineer BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2021 - AWARD A LOCAL AGENCY A&E PROFESSIONAL SERVICES CONSULTANT AGREEMENT TO KPFF, INC. FOR THE DESIGN AND ENVIRONMENTAL PERMITTING FOR THE NORTH THORP HIGHWAY — YAIIMA RIVER BRIDGE, CRP 302-20 WHEREAS: Public Works recently solicited for qualified design and engineering firms pursuant to state and federal procurement regulations for design and environmental permitting for preventative maintenance of the North Thorp Highway — Yakima River Bridge (No. 97341); and WHEREAS: Three (3) qualified engineering firms responded to the request for a statement of qualifications; and WHEREAS: A review committee of Public Works staff evaluated responses, and reviewers selected KPFF, Inc. as the preferred 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 KPFF, Inc, of a Local Agency A&E Professional Services Consultant Agreement for design and environmental permitting for preventative maintenance of the North Thorp Highway -- Yakima River Bridge, CRP 302-20. DATED on this 4th day of May 2 02 1, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wachsmith, Chairman Laura Osiadacz, Vice -Chairman Cory Wright, Commissioner Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): KPFF, Inc. Address Federal Aid Number 1601 Fifth Avenue, Suite 1600 N/A UBI Number Federal TIN or SSN Number 578-063-612 91-0755897 Execution Date Completion Date Upon execution 12/31/2022 1099 Form Required Federal Participation i ❑ Yes Q No 0 Yes ❑ No Project Title North Thorp Highway Truss Bridge Rehabilitation Project Description of Work The North Thorp Highway Bridge spanning the Yakima River is in need of preventative maintenance to extend the life of the fracture critical structure. The existing paint system has failed throughout much of the truss's bottom chord, floorbeams, stringers and bearings (-20% of BMS paint element is in Condition State 3). There is pack rust at multiple bottom chord panel points which would also be repaired during the paint project. The asphalt plug joints at the ends of the truss and the poured rubber joints at the floorbeams have failed which are contributing to the paint failure. Anticipated repairs to the structure include: removal and replacement of paint system, repair and/or replacement of deteriorated or damage steel truss members, replacement of expansion joints at the ends of the bridge, replacement of sealant at existing concrete panel joints, and spall repairs at existing concrete piers. Q Yes $86,434.18 ❑ No DBE Participation Total Amount Authorized: $336,740.93 Q Yes $86,434.18 ❑ No MBE Participation Management Reserve Fund: $25,000 ❑ Yes © No WBE Participation [I Yes No SBE Participation 0 Maximum Amount Payable: $361,740.93 Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 02/01/2021 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the County of Kittitas hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. Ill. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency A&E Professional Services Cosi Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 0210112021 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation PIan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Josh Fredrickson Name: Aaron Olson Agency: Kittitas County Public Works Agency: KPFF, Inc. Address: 411 N. Ruby Suite 1 Address: 1601 5th Ave, Suite 1600 City: Ellensburg State: WA Zip: 98926 City: Seattle State: WA Zip: 98101 Email: josh.fredrickson@co.kittitas.wa.us Email: aaron.olson@kpff.com Phone: 509-962-7609 Phone: 206-926-0442 Facsimile: Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 Agreement Revised 02104/2021 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 Iabor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non -salary costs. 1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and I all A&E sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their A&E sub -consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency ABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 02/01/2027 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly hi proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/07/2021 Page 5 of 14 D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. A. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number; Local AgencyA&P Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 02/01/2021 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d -4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULIANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Local AgencyABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 02101/2021 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terns of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any tern(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT, provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 02101/2021 XII. Legal Relations The CONSULTANT, any sub -consultants, and the AUENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY'S, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and for the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 02/01/2021 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Darren Case Agency: Kittitas County Public Works Address: 411 N. Ruby Suite 1 City: Ellensburg State: WA Zip: 98926 Email: darren.case@co.kittitas.wa.us Phone: 509-962-7019 Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: Local AgencyABE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 02101/2021 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G-I(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 11 of 14 Revised 07/0112021 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY, or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 12 of 14 Revised 0210112021 Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the tern of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the tern of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party, (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 02/01/2021 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Signature Signature 4/28/21 Date Date Any modication, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: LocalAgencyASE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 02101/2029 See the following attachment Exhibit A Scope of Work Project No. Agreement Number: Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112021 Page 1 of 1 Chudgar Engineering Compnay (DBE, MBE) $15,244.22 Akana (DBE, MBE) = $71,189.96 Exhibit B DBE Participation Agreement Number: Exhibit B -Local Agency A&E Professional Services Cost Plus Fixed Pee Consultant Agreement Revised 02/04/2027 Page ! of i Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data Autodesk Civil 3D B. Roadway Design Files Autodesk Civil 3D C. Computer Aided Drafting Files Autodesk Civil 3D Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02109/2021 Page i of 4 D. Specify the Agency's Right to Review Product with the Consultant Please see scope of work E. Specify the Electronic Deliverables to Be Provided to the Agency Please see scope of work F. Specify What Agency Furnished Services and Information Is to Be Provided Please see scope of work Agreement Number: Exhibit C - Local Agency A&E Professional Services Cast Plus Fixed Fee Consultant Agreement Revised 02/09/2021 Page 2 of 4 II. Any Other Electronic Files to Be Provided Please see scope of work III. Methods to Electronically Exchange Data Please see scope of work Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02109/2029 Page 3 of 4 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 Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/0112021 Page 4 of 4 See the following Attachment. Exhibit D Prime Consultant Cost Computations Agreement Number: Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2024 Page 1 of 1 Exhibit E Sub -consultant Cost Computations If no sub -consultant participation at this time. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this AGREEMENT. See the following Attachment. Agreement Number: Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2024 Page 7 of 1 Exhibit F - Title VI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements.] 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Modal Operating Administration specific program requirements.] 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Local Agency A&E Professional Services Cost Agreement Number Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Exhibit F - Title V! Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); a Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit G -1(a) Exhibit G -1(b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Exhibit G Certification Documents Certification of Consultant Certification of 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 Agreement Number: Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 1 Exhibit G-I(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPFF, Inc. whose address is 1601 5th Ave, Suite 1600, Seattle, WA 98101 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT, except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the County of Kittitas 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. KPFF, inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) 4/28/21 Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/09/2021 Exhibit C-I(b) Certification of Kittitas County Public Works I hereby certify that I am the: M County Engineer ❑ Other of the County of Kittitas , and or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the WSDOT and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. 04/28/2021 gnature Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. I1. 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. KPFF, Inc. Consultant (Firm Name) Azlo� Signature (Authorized Official of Consultant) 4/28/21 Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant agreement Revised 02101/2021 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. KPFF, Inc. Consultant (Firm Name) Jel-o Signature (Authorized Official of Consultant) 4/28/21 Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Pius Fixed Fee Consultant Agreement Revised 02/01/2021 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of these SERVICES * are accurate, complete, and current as of Contract execution **. This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: KPFF, Inc. Ak000--' Associate Signature Title Date of Execution***: 4/28/21 *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Flus Fixed Fee Consultant Agreement Revised 0210112021 Exhibit H Liability insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2021 Page 1 of 7 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: Exhibit 1- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/0112029 Page 1 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number; Exhibit I - Local Agency ASE Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • ExpIanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/04/2021 Page 2 of 2 April 15, 2421 Exhibit A-1 Scope of Work North Thorp Highway Truss Bridge Rehabilitation Project PROJECT DESCRIPTION The North Thorp Highway Bridge spanning the Yakima River is in need of preventative maintenance to extend the life of the fracture critical structure. The existing paint system has failed throughout much of the truss's bottom chord, floorbeams, stringers and bearings (-y20% of BMS paint element is in Condition State 3). There is pack rust at multiple bottom chord panel points which would also be repaired during the paint project. The asphalt plug joints at the ends of the truss and the poured rubber joints at the floorbeams have failed which are contributing to the paint failure. Anticipated repairs to the structure include: removal and replacement of paint system, repair and/or replacement of deteriorated or damage steel truss members, replacement of expansion joints at the ends of the bridge, replacement of sealant at existing concrete panel joints, and spall repairs at existing concrete piers. PROJECT OBJECTIVES The goals of this project are as follows: • Perform fracture critical field inspection of the bridge to document extent and types deterioration/damage • Obtain necessary environmental permit approvals for construction • Perform engineering analyses and design necessary to develop Plans, Specifications and Cost Estimate necessary for construction to remediate deficiencies described above. • Perform construction support and inspection services ANTICIPATED SCHEDULE Below is an estimated design schedule for the tasks identified in this scope of work: • Notice to Proceed (NTP): TBD • Field Inspection: June 2021 • 30% Design Submittal: 7 weeks from NTP • 75% Design Submittal: 16 weeks from NTP • 100% Design Submittal: 20 weeks from NTP • Bid Documents: 33 weeks from NTP Below is an estimated environmental permitting schedule for the permitting tasks identified in this scope of work: • Draft APE Letter: 2 weeks after NTP • Cultural Resources Assessment: 4 weeks after receipt of 30% design • Critical Areas Report: z weeKs after receipt of 30% design • Section 4f Technical Memo: 2 weeks after receipt of 30% design • NEPA DCE: 4 weeks after receipt of 30% design • SEPA NOA: 1 week following certification of NEPA • Biological Assessment: 4 weeks after receipt of 30% design Hydraulic Project Approval: 1 week after receipt of 90% design * Shoreline Permit: 2 weeks after receipt of 90% design PROJECT TEAM The project team includes: Owner Prime Consultant Structural Engineering Civil Engineering Environmental Permitting Structural Engineering QC Construction Inspection SCOPE OF WORK Kittitas County KPFF Consulting Engineers (KPFF) KPFF KPFF Environmental Science Associates (ESA) Chudgar Engineering (Chudgar) Akana TASK NO. 1.0—PROJECT MANAGEMENT & ADMINISTRATION Task 1.10 — Invoicing and Progress Reports KPFF will prepare and submit a monthly invoice and progress report to the County. The progress report will describe the work represented by the invoice being submitted and include percentage completion and billings to date. Assumptions: • The County provide a general list of items required to be contained within submitted invoices, including a sample invoice Deliverables: • Monthly progress reports and invoices (Assume 8) Task 1.20 — Project Meetings & Coordination KPFF, ESA and Chudgar Engineering will attend a project kickoff meeting. The purpose of the meeting will be to discuss project objectives, schedules, communication protocols, project deliverables and other related topics. KPFF will coordinate the meeting and provide an agenda and meeting notes. KPFF and ESA will attend project progress meetings to discuss project topics, deliverable reviews, general project coordination and other relevant topics. The assumed number of meetings for each firm are as follows. • KPFF — 8 meetings • ESA — 3 meetings KPFF will coordinate with the County to discuss project issues, schedule, progress, and general coordination of effort as needed. Anticipated coordination is expected to include review of field inspection plan, traffic control scheduling, responding to questions and comments on the recommended repair alternatives, and general project coordination. Assumptions: • Each meeting will last one (1) hour and will be held via phone or teleconference. Deliverables: • Meeting agendas and notes (PDF) Task 1.30 — Management Reserve Reserve funds have been allocated for additional, out -of -scope tasks. If requested by the County, KPFF and/or ESA will provide a brief scope and fee estimate for these tasks. No work will proceed without written notice -to -proceed from the County. Assumptions: For the purposes of scoping, a management reserve of $25,000 is included in the fee estimate. Deliverables: To be determined and agreed upon based on the request(s) of the County and as authorized by the County. TASK NO. 2.0 — ENVIRONMENTAL PERMITTING Task 2.10 ---Agency Coordination ESA will coordinate with the County and WSDOT Local Programs staff to determine the appropriate approach for environmental review, documentation, and permitting. ESA will work closely with WSDOT Local Programs (WSDOT) and the County to define a clear purpose and need statement, determine the correct level of documentation, and identify project elements that could trigger additional or more intensive environmental permitting. After ESA has documented the existing conditions of the project site, and prior to completing the impact analyses, the team will again coordinate with WSDOT staff to confirm the original assumptions for project approach. As part of this task, ESA will attend three virtual meetings with County and WSDOT staff. Task 2.20 — Cultural Resources Assessment/Section 106 Because the project will receive federal funding, the project will be required to comply with the National Historic Preservation Act (NHPA), commonly referred to as Section 106. ESA will assist the County with initiating Section 106 consultation with WSDOT to define the Area of Potential Effects (APE) and prepare a cultural resources assessment (CRA) for the defined APE, The CRA will include an archival literature review of the study area and present the findings and recommendations of the field survey. The report will meet the current DAHP standards for a cultural resources assessment. The existing North Thorp Highway -Yakima River Bridge (No. 97341) is over 50 years in age and under Section 106 requires documentation on a historic property inventory form and evaluation for its potential National Register of Historic Places (NRHP) eligibility. ESA will prepare and submit this form as part of the CRA. As currently proposed, the only ground disturbance will be removal and replacement of pavement at the bridge joints at the approaches. Because of this, ESA does not propose subsurface archaeological survey. Assumptions • WSDOT and DAHP will not require a subsurface archaeological survey. • With input from the County, KPFF will provide figure of maximum project limits, current project description, including potential staging areas, access routes, maximum depths of ground disturbance, planned start date of construction, and construction drawings. • The project area conditions and boundaries will be consistent with those at the time of this scope. Should conditions or boundaries change, an amendment may be necessary. • County will provide relevant geotechnical data, if available. • ESA will create a project in DAHP's Washington Information System for Architectural and Archaeological Resources Data (WISAARD) system. • ESA assumes the study area will be a standard 1 -mile radius. ESA assumes fieldwork will require one (1) day for one person. ESA assumes one (1) reconnaissance -level historic property inventory form will be needed. This would be for the North Thorp Highway -Yakima River Bridge (built 1937). • ESA assumes no archaeological sites, isolates, or human remains will be identified. If encountered, an amendment may be necessary. • Field schedule may be affected by field conditions such as snow, flooding, or forest fires. • Should WSDOT determine that the project will result in Adverse Effects, additional work and an amendment may be necessary. Any consultation regarding mitigation of Adverse Effects would be scope separately. Deliverables • One (1) Draft APE consultation initiation letter for KPFF and County review in Word format with graphics depicting APE boundaries. • GIS shapefiles of APE boundaries for DAHP's WISAARD system. • One (1) Draft CRA for KPFF and County review in Word format. • One (1) Revised Draft CRA for WSDOT review in Word format. • One (1) Final CRA in PDF format for County and WSDOT and uploaded to DAHP's WISAARD system. • One (1) Historic Property Inventory Form as an attachment to CRA. Participation in up to three (3) 1 -hour virtual meetings with KPFF 1 County 1 WSDOT 1 DAHP, as needed. Task 2.30 — Critical Areas Report ESA will identify and delineate wetlands and fish and wildlife habitat conservation areas (FWHCAs) located within 100 feet of the project area, as defined by Kittitas County Code (KCC) 17A. If found, ESA will delineate wetlands, streams, and ditches consistent with County requirements for critical areas assessments (KCC 17A.04), as well as U.S. Corps of Engineers and Washington Department of Ecology wetland delineation standards. Wetland boundaries will be flagged in the field and recorded using a tablet GPS, with data sheets and wetland rating forms completed. ESA will prepare a Critical Areas Report (CAR) consistent with Kittitas County requirements. The report will describe any critical areas found on site or known to occur in the project area and include an initial discussion of regulatory implications if the project will impact or affect such features. Assumptions • The site map depicting critical areas and associated standard buffers, where applicable, will be developed with GPS data collected in the field; or with professional land survey data of flag locations collected by others. Field evaluation of critical areas will be limited to wetlands, streams, and other FWHCAs. • The County will provide one consolidated set of comments for each review draft. Deliverables • One (1) Draft CAR for County review in electronic format. • One (1) Final CAR in electronic format. Task 2.40—Section 4(f) Technical Memorandum Recreation facilities and wildlife and waterfowl refuges will be addressed in a Section 4(f) Technical Memorandum prepared in general accordance with Chapter 457 of the WSDOT Environmental Manual in support of the NEPA documentation. Historic and archeological sites will be studied in the Cultural Resources Assessment (Task 2.20) and referenced in the 4(f) Technical Memorandum. If the impacts to these facilities are identified that constitute a "use" of the property, then a Section 4(f) Evaluation will be appended to the NEPA document. Assumptions It is assumed the project will result in de minimis impacts to Section 4(f) resources. If it is determined the project would result in a constructive use of Section 4(f) resources, additional analysis would be required and this scope and budget would be amended. The County and WSDOT will each provide one consolidated set of comments for each review draft. Deliverables 4 One (1) Draft Section 4(f) Technical Memorandum for County review in electronic format. • One (1) Draft Section 4(f) Technical Memorandum for WSDOT review and comment in electronic format. • One (1) Final Section 4(f) Technical Memorandum in electronic format. Task 2.50 — National Environmental Policy Act (NEPA) Compliance Because the project will receive federal funding, the project will be required to comply with NEPA. ESA will work closely with WSDOT and Kittitas County to define a clear purpose and need statement, determine the correct level of documentation, and identify project elements that could trigger additional or more intensive environmental permitting. Our team has the expertise to fully assess and document project compliance with all regulatory requirements triggered by federal funding. Based on the scope of work, our team's history with this bridge, and our knowledge of the project area, we believe the project will qualify for a Documented Categorical Exclusion under NEPA (23 CFR § 771.117). As such, ESA will prepare a WSDOT Environmental Classification Summary, per the Environmental Manual. Assumptions • It is assumed that a DCE is the appropriate environmental classification for this project. This scope of work will need to be amended if WSDOT determines that the project requires an environmental assessment to complete NEPA documentation. It is assumed that all areas of the environment, other than those described in this scope of work, will be adequately covered within the text of the NEPA document, and will not require separate, supporting documentation. • The County and WSDOT will each provide one consolidated set of comments for each review draft. Deliverables • One (1) Draft NEPA DCE for County review in electronic format. • One (1) Draft NEPA DCE for WSDOT review and comment in electronic format. • One (1) Final NEPA DCE in electronic format. Task 2.60—State Environmental Policy Act (SEPA) Notice of Adoption ESA will build upon the NEPA tasks to make sure the project is also compliant with SEPA (WAC 197-11) and local regulations. For the purposes of this scope and budget, it is assumed the County will choose to adopt the NEPA document to satisfy the SEPA requirements (WAC 197-11-610). In this case, the County will issue a Notice of Determination and an Adoption of Existing Environmental Document form (WAC 197-11- 630). Preparation of SEPA documentation is not anticipated to require any new technical reports. Assumptions • If the County chooses to prepare a separate SEPA Checklist, rather than adopting the NEPA document, this scope and budget will require an amendment. Deliverables One (1) Draft Notice of Determination and Adoption for County review in electronic format. One (1) Final Notice of Determination and Adoption in electronic format. Task 2.70 — Hydraulic Project Approval The project will be required to comply with the State Hydraulic Code due to work over waters of the State. Application materials will be prepared to support Washington Department of Fish and Wildlife (WDFW) issuance of a Hydraulic Project Approval (HPA). Materials will likely include, but are not limited to, the technical studies described in this scope of work, construction methods and BMPs, and a site plan. The permit materials will be submitted to WDFW via the online Aquatic Protection Permitting System. Assumptions • The project will not require wetland fill, or in -water work and the area is not defined as navigable, so we assume the project will not require permits from the U.S. Army Corps of Engineers. • The County will be the owner and signature authority on all permits. The County will be responsible for any fees associated with publishing and distributing notices or processing permit applications. • The HPA application will be based on 60 percent or greater engineering plans. • A mitigation plan needed to meet County regulations will be submitted with the JARPA submittal; mitigation measures composed on standard best management practices, will be identified in the critical areas report which will accompany the HPA application. If a more detailed mitigation plan is required to offset project impacts however, a scope addendum will be required to develop a draft and final mitigation plan. • The County and WSDOT will each provide one consolidated set of comments for each review draft. Deliverables One (1) Draft HPA application for County review in electronic format. One (1) Draft HPA application for WSDOT review and comment in electronic format. • One (1) Final HPA application in electronic format for submission to WDFW. Task 2.80 — Biological Assessment, No -Effect tetter ESA will prepare a Biological Assessment (BA) to assist with consultation efforts under Section 7 of the Endangered Species Act (ESA) required by WSDOT, National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (USFWS). The BA will conform to standards in the U.S. Fish and Wildlife Service (USFWS) Biological Assessment Preparation and Review (1999) standards, the National Marine Fisheries Service Guide to Preparing Biological Assessment (1999), as well as the WSDOT Environmental Manual, WSDOT Advanced Training Manual for BA Preparation. For the purpose of this scopes it is assumed that a No -Effect Letter will meet the needs and requirements of the reviewing agency. This scope assumes that formal consultation with the USFWS and NOAA Fisheries, under Section 7(a)(2) of the ESA, will not be necessary. ESA assumes that the project can be designed and constructed to result in a combined "no -effect" determination for all listed species. The project is expected to include a small amount of new impervious surface. In order to demonstrate the project will have "no effect" on listed fish species, ESA will conduct a stormwater analysis using the WSDOT Hi -Run Stormwater Loading and Dilution Model. Assumptions Because the proposed project would not affect salmon bearing waters and can be scheduled to avoid temporary impacts that could adversely affect listed species, it is assumed that ESA compliance will be documented through a "no - effect" letter with appropriate analysis to reach this conclusion. This assumes that both project construction and operation, as well as any mitigation actions, will not result in either direct or indirect effects to listed species. If, based on detailed design information, a no -effect determination cannot be reached and a BA is required for ESA compliance, this scope of work will need to be amended to reflect the greater level of effort for preparing a full BA. The County and WSDOT will each provide one consolidated set of comments for each review draft. Deliverables • One (1) Draft BA for County review in electronic format. • One (1) Draft BA for WSDOT review and comment in electronic format. • One (1) Final BA in electronic format for submission to WSDOT. Task 2.90—Shoreline Environment Review Memorandum The project will be required to comply with the Kittitas County Shoreline Master Program (SMP) for work within 200 feet of waters of the State. The Yakima River shoreline is designated as Rural Conservancy within the project area. However, maintenance activities of existing structures is not considered "development" within the County's SMP (KCMG 17B.01.070(2)). ESA will prepare a memorandum to document the project's compliance with all regulatory requirements for protection of the shoreline environment, including design elements and construction BMPs. Assumptions • It is assumed the project will not require a Shoreline Substantial Development Permit or a Conditional Use Permit. If it is determined a different level of documentation is required for compliance with the County's SMP, a scope and budget amendment by be needed. Deliverables • One (1) Draft memorandum for County review in electronic format. • One (1) Draft memorandum for WSDOT review and comment in electronic format. • One (1) Final memorandum in electronic format. TASK NO. 3.0— BRIDGE IIYSPEcnoAf & REPORT Task 3.10 — Bridge Inspection & Report KPFF will perform a fracture critical (FC) inspection of the N Thorp Highway over Yakima River truss bridge. KPFF will provide a WSDOT Certified Bridge inspector to serve as team leader and two (2) co -inspectors. The FC inspection will conform to all procedures and inspection methods outline in the Washington State Bridge Inspection Manual (WSBIM). KPFF will prepare and file the FC bridge inspection report in the Bridgeworks database. The inspection report will conform to WSBIM standards. KPFF will document any damage to the steel structure and the concrete piers using photographs and field measurements. This documentation will be used to develop the repair PS&E (see Task 4.0). KPFF will send a photo log and brief description of all damaged/deteriorated elements to the County for review. Assumptions • Traffic control for the bridge inspection will be provided by an outside traffic control vendor. Costs for this vendor are included as a reimbursable expense. • Field inspection is expected to take 1.5 working days. • Field inspection will be performed by climbing the structure. Deliverables K FC inspection of the N Thorp Highway over Yakima River Bridge • FC bridge inspection report, filed to Bridgeworks database (electronic) • Documented damage/deterioration of steel truss members and concrete piers (PDFs, photographs) As an alternative or in conjunction with climbing the truss, the County may elect to use a UGIT to perform part or all of the bridge inspection. The County will coordinate with WSDOT to provide the OBIT and submit payment through an inter -agency agreement. For this alternative inspection access, KPFF will also serve as the lead inspector and provide the same deliverables listed above. TASK NO. 4.0 — CIVIUSTRUCTURAL ENGINEERING AND PLANS, SPECIFICATIONS AND COST ESTIMATE (PS&E) Task 4.10 — Civil/Structural Engineering and PS&E KPFF will provide all civil and structural engineering required to develop PS&E for the rehabilitation and repair of the N Thorp Highway Yakima River Bridge. All structural engineering design will conform to the latest versions of the AASHTO LRFD Bridge Design Specifications as modified by the WSDOT Bridge Design Manual (BDM) and County standards. All civil engineering work shall conform to the latest editions of the WSDOT Design Manual and County standards. Anticipated design tasks include: • Steel repair design • Concrete repair design • Bridge structural analysis for scaffolding/containment loads • Bridge paint removal and replacement • Expansion joint replacement • Traffic control design Four design submittals are assumed for this project. These submittals and their contents are shown below: • 30% — Plans, cost estimate • 75% — Plans, specifications, cost estimate and comment responses on 30% submittal • 99% — Plans, specifications, cost estimate and comment responses on 75% submittal Bid Documents — Plans, specifications and cost estimate. Plans and specifications will be stamped and sealed by a Professional Engineer licensed in the State of Washington The following design drawings are assumed for this project: Dw # Drawing Title 1 Cover Sheet 2 Temporary Road Closure and Detour Plan 3 Temporary Road Closure and Detour Details 4 Bridge Layout 5 General Notes and Summary of Quantities 6 Construction Loading Diagram and Notes 7 Concrete Repair Details -- 1 8 Concrete Repair Details — 2 9 Steel Repair Details — 1 10 Steel Repair Details — 2 11 Expansion Joint Details Chudgar Engineering will perform quality control (QC) of the 75% design structural analysis calculations and 75% bridge design drawings. QC comments received from Chudgar will be incorporated, as needed, into the design calculations and plans. QC comments will be logged into a comment register (Excel) or as markups on the plan sheets. KPFF will provide responses to comments received within the comment register and/or the plan markups. QC comments will follow standard engineering practices (red, blue, yellow color coding). Assumptions • The bridge can be closed to traffic during construction. No construction phasing is required. • Specifications will conform to the WSDOT Standard Specifications for Road, Bridge and Municipal Construction. • KPFF will provide specifications (Divisions 1-9) including front-end documents. The County will provide boilerplate documents and templates for KPFF's use. The County will compile all bid documents and prepare the bid proposal for advertisement. • The County will distribute and collect comments on design submittals. All comments will be compiled into one, complete document. Comments will be returned to KPFF within 1 week of each design submittal • The County will lead all coordination with external Stakeholders and WSDOT Local Programs • The County will provide CADD templates and standards for the project. • While not anticipated, the County will provide survey information for the bridge and approaches if needed. • Traffic control plans and details will not be submitted at the 30% design deliverables. Deliverables • Design Plans at 30%, 75%, 99% and Bid Document submittals (PDF) Technical Specifications at 75%, 99% and Bid Document submittals (Word Document) t. Construction Cost Estimate at 30%, 75%, 99% and Bid Document submittals (PDF and/or Excel) • Comment responses to 30%, 75% and 99% design submittals (Excel) TASK NO. 5.0 — CONSTRUCTION SUPPORT SERVICES Task 5.10 — Invoicing and Progress Reports KPFF and Akana will prepare and submit a monthly invoice and progress report. KPFF will combine both invoices and progress reports into one, complete document for submittal to the County. The progress report will describe the work represented by the invoice being submitted and include percentage completion and billings to date. Assumptions: • The County provide a general list of items required to be contained within submitted invoices, including a sample invoice Deliverables: • Monthly progress reports and invoices (Assume 8) Task 5.20 — Project Meetings & Coordination KPFF will attend the following meetings for the construction phase of the project: • Pre -Bid Meeting, two (2) hours in duration • Pre -Construction Meeting, two (2) hours in duration • Construction Meetings, assume eight (8) meetings, each two (2) hours in duration KPFF will coordinate with the County to discuss project issues, schedule, progress, and general coordination of effort as needed. Anticipated coordination is expected to include review of construction progress, answer informal questions from the County and/or Contractor, and other similar tasks. Assumptions: The pre-bid meeting and pre -construction meetings are assumed to occur in- person at the County offices or at the Contractor's field office in the Ellensburg area. Four (4) of the of the construction meetings are assumed to occur via tele/video conference. The remaining four (4) meetings are assumed to occur at the bridge site or at the County offices. Deliverables: Meeting agendas and notes (PDF) Task 5.30 — Construction Submittal Reviews KPFF will review and respond to submittals received during construction. Submittals could include shop drawings, requests for approval of materials, scaffolding/containment plans, repair procedures and other related items. For the purposes of this scope, it is assumed that KPFF will review and respond to twenty-five (25) submittals. Assumptions: The County will collect and distribute submittals and KPFF's responses to/from the Contractor. Deliverables: P Review and provide responses to construction submittals (PDF) Task 5.40 — Requests for Information (RF1s) KPFF will review and respond to RFIs received during construction. For the purposes of this scope, it is assumed that KPFF will review and respond to fifteen (15) RFls. Assumptions: The County will collect and distribute RFIs and KPFF's responses to/from the Contractor. Deliverables: • Review and provide responses to RFIs (PDF) Task 5.50 — Record Drawings As -built redlines will be provided by the County and/or Contractor after the completion of construction. These redlines will be used to create Record Drawings which will conform to the County's requirements. The Record Drawings will not contain the stamp and seal of the Engineer of Record. Assumptions: The County will compile a complete red -line set of the Contractor's record drawings and distribute to KPFF. The draft Record Drawings will be subject to one (1) round of review and comment by the County Deliverables: Draft Record Drawings (PDF) • Final Record Drawings (PDF) Task 5.60 — Construction Inspection Services KPFF will provide construction inspection services for the structural components of the project. These include: • Steel repair • Concrete repair • Expansion joint repair/replacement KPFF will provide an on-site inspector to observe key construction activities for the aforementioned structural elements. Tasks include: Monitor and document the Contractor's work and activities for compliance with approved Contract Documents. Complete daily reports for project records and coordinate with the County and Contractor, as needed Monitor the Contractor's quality control processes for the work performed. Observe material, workmanship and construction activities for compliance with the Contract Documents and applicable codes and notify the Contractor of noncompliance. Advise the Engineer -of -Record and the County of all non- conforming work observed Akana will provide a National Association of Corrosion Engineers (NACE) certified Level 3 Coating Inspector for the paint removal and reapplication activities. Coating inspection activities include: • Inspection of paint removal to SSPC-SP 10 Near White Metal Blast Cleaning for all steel members to be recoated Inspection of application of new paint coating system including the prime, stripe and finish coat for all steel members to be coated • Monitor and document the Contractor's work and daily activities for compliance with approved Contract Documents. Complete daily reports for project records and coordinate with the County and Contractor, as needed • Monitor the Contractor's quality control processes for the work performed. • Observe material, workmanship and construction activities for compliance with the Contract Documents and applicable codes and notify the Contractor of noncompliance. Advise the Engineer -of -Record and the County of all non- conforming work observed Assumptions: • The County will serve as Construction Manager for the project. The County will lead coordination of inspection services between the Contractor, KPFF and Akana. KPFF and Akana will only perform construction inspection tasks described within this scope of work. 4 Inspection of steel repair, concrete repair and paint removal/reapplication assumes use of Contractor supplied platforms and/or scaffolding. Contractor will provide all required personal -protective -equipment (PPE) required for inspections. PPE will conform to the most current local, state and federal regulations. Construction and construction inspection will conform to the WSDOT Standard Specifications for Road, Bridge and Municipal Construction and the WSDOT Construction Manual. • For scoping purposes, the level of effort is assumed to be: o KPFF: steel repair, concrete repair, expansion joint repair ■ One (1) full-time inspector for up to (15) days total. ■ Fifteen (15) Inspector Daily Reports o Akana: paint inspection ■ One (1) full-time inspector for up to forty (40) working days ■ Forty (40) Inspector Daily Reports Deliverables: • Inspection Services • Inspector Daily Reports (PDF) Exhibit D-1 KPFF Consulting Engineers Consultant Fee Summary Not -to -Exceed Fee Consultant Agreement KIT►ITAS COUNTY THORP TRUSS REHABILITATION PROJECT Classification PrincipaVEOR Project Manager Senior Engineer/Inspector Senior Civil Engineer T Structural Design Engineer/Co-Inspector Civil Design Engineer Structural CADD Tech Civil CADD Tech Admin Title 10 Title 11 Title 12 Title 13 Title 14 Title 15 Title 16 Title 17 Title 18 Title 19 Title 20 Overhead (OH) Cost Fixed Fee (FF) OH Rate x DSC of FF Rate x DSC of Reimbursable Items Mileage Inspection Phase) Hotel Per Diem Field Consumables Traffic Contro[ Vendor Mileage Construction Phase Management Reserve (Task 9.30) Total Hours 26.00 178.00 318.00 14.00 594.00 24.00 282.00 16.00 28.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 140.71% fd4XiTIVII X X X X X X X X X X X X X X X X X X X X X Rate $ 65.00 $ 60.00 $ 57.00 $ 52.50 $ 41.00 $ 33.00 $ 44.00 $ 29.00 $ 34.00 $ 952.00 = Cost _ $ 1,690.00 _ $ 10,680.00 _ $ 18,126.00 _ $ 735.00 _ $ 24,354.00 $ 792.00 _ $ 12,408.00 $ 464.00 $ 952.00 Total Direct Labor $ 70 201.00 X $70,201.00 = $ 98,779,83 X $70,201.00 = $ 21,060.30 Direct Labor Subtotal $ 190,041.13 600 Miles x $0.56/mile 3 nights x 3 rooms & $100/ni ht 2 days x 3 people c@ $55/day (Allowance) Allowance (4500 miles x $0.56/mile) Subtotal $ 330.00 $ 120.00 00 $25,000.00 Subconsultants Total: $137,493.81 GRAND TOTAL: W1,740.83 April 19, 2621 KPFF Cs Akio Engineers KPFF KITTITAS COUNTY THORP TRUSS REHABILITATION PROJECT Prh-lpapEO R Pwi.cr aan�r g`"i°r Leap.. "` aenlorCvi Oerp Engineer EnglmerfW CMI Design Engineer structural CAOOTech CMN cAon Tech Adre'n TN. in Tele 2a Multiple: !dn BCCPE CF WopK ;65.00 $60.00 147.40 35250 947.00 S39A0 144.00 ¢?9.00 934,4D S4a0 ;0.00 27477 1 PROJECT MANAGEMENT 3 ADMINSITRATION !.f0 ;lmoicing and Progreso Report 4 a 7x 1.20 Ptaleet Mee5nge b Coordnatlon 80 ix 4 ;7x.168 _ LaborSub�tal: L GltlVli[[71�`lwtk lALf'FJ41NI[[Ik1:e a e■ is a 0 4 g 0 is 0 0 i16,Yls 2.f0 lAuency Coordination 4 1 aft 220 lCuMiml Resources Aeeeaemenl 2 4 12 62MI 230 lCrtticmd Areca Report 2.40 Saclon 416 Toc'm?c■I Memorandum 2.50 NEPA OCE -- 2.60 BEPA VCA - 2.70 HydreAePrc;ed Approve■ 2.80Btalopical Assessment, NEL 2.c0 Sh4re11ne Perna Labor NubWt&L;l ] FIELD O I a { i 0 1 0 1 4 1 12 1 ° 1 p 1 D 0 ;x,421 i4 3 10mapoebmi i %W I e ee >•_ imor ■ujmt■LL 4 w`ma mommms cnginvairing ■nc rSmm # ra I ■ k 1 s I 4 Ie l 4 l 4 I ;77,419 ;8,496 4:50 Tralac Control Pleura 4 2 10 24 74 4.20 Tnma Caratruutlon Load Anayale II 74 34 10D ;17,644 val 4.30 ;PSE Oecpmera t0 Z4 :xA 784 x90 Lahnr Sah&A.T: 17 1 a te4 I t4 1 ase u I ace is 4 ° i97,a47 d iviJoTediCTlciN StirrOi`eT§Enviers S. f0 Invoicing aha Progreee Reports s 8 is E.TO Pro a Msatinge 6 C44rdlnal4n 30 2D 6 5.30 Construotlen Submittal ReNexs 6 50 50 474,= 5.40 Regge■t fcr lMwmatim fRFlej a 30 34 is.= G50 Record OrowiNs 2 4 10 20 $4,434 5.40 Construclon Inspec9an Sam.'em a 6 180 ;72,411 LabT!Subtakah �M1�1Ms>gtjli4 .elUA 9 2H I 40 114. 141 3111 a 7■ 278 a 24 24 912 4j F4 .- to 2b i -- 0 S 0 4 7s;284 sx as4 1 4 1 - 114al Page 1 ai Exhibit E-1 ENVIRONMENTAL SCIENCE ASSOCIATES Consultant Fee Summary Nat -to -Exceed Fee Consultant Agreement KITTITAS COUNTY THORP TRUSS REHABILITATION PROJECT Classification Regional Director 1 Regional Business Group Director Biologist 4 Planner 2 Cultural Resource Specialist 4 Technical Editor Cultural Resource Specialist 3 Lead Project Accountant Graphic Designer GIS Analyst Cultural Resource Specialist 2 Title 12 Title 13 Title 14 Title 15 Title 16 Title 17 Title 18 Title 19 Title 20 Overhead (OH) Cost OH Rate x DSC of Fixed Fee (FF) FF Rate x DSC of Reimbursable Items Mlleaae Airfare Per Diem Subcontract (Blank) Total Hours 12.00 45.00 36.00 60.00 2.00 10.00 1F nn U.uu 6.00 Is; nn 40.Uu 0.00 0.00 0.00 n_an U.UU 0.00 0.00 0.00 0.00 X X X X X X X X X X X X X X X X X X X Rate $ 105.27 $ 82.78 $ 73.51 $ 64.60 $ 64.38 $ 51.15 $ 49.57 $ 46.88 $ 43.90 $ 40.21 $ 39.74 $ - = Cost _ $ 1,263.24 _ $ 3,725.10 - $ 2,646.36 _ #. q A7r, nn _ $ 128.76 _ $ 511.50 _ $ 793.12 _ $ 375.04 _ $ 263.40 $ 603.15 _ $ 1,828.04 - $ - Tota! Direct Labor $ 16,013.71 188.15% X $16,013.71 0 $ 30,129.80 30.00% X $16,013.71 = $ 4,804.11 Direct Labor Subtotal $ 50, 947.62 (200 Miles x $0.56/mile) $ 112.00 Allowance $ - (Hotel f Meals_ Q $#.## x # trips) $ (Sub Name & Task) $ - (Allowance) $ - Subtotal $ 112.00 GRAND TOTAL: .-........ 55I,059o8 Apd 19, 2021 EMVlR0WM6wAL SCIENCE ASSOCIA'ES ESA KITTITAS COUNTY THORP TRUSS REHABILITATION PROJECT Regl.nd Drectnrl l Bu in— G—P Baloau:t4 t seri ��� xe.ec ce Speelm7et4 Technic. Eft,Resource ops LeadPralet Aaeaumrnt SPacid'st9 "'ecw D_ho. GISAna" el Rome— SPe [dW..2 'Ma 20 Mwapla Item I BGCbE OF WORK $ID5.27 582%8 $73.51 $84.60 1 $04.38 751.15 $40 V 548.68 $43.90 540.21 $36.74 d $D,aa &IBM 7 PROJECT MANAGEMENT&ADMINSITRATION 4.10 Irnrotdng end Prognm Re rte 1.20 Pr Jed Medr.ge d Coord nafon 3 s 14 7R5 Le6ar8uhtotal: rG[tI1111 MG E !k a a a n D 5 0 a a 6 f1,9a6 2.10 Agency Coordlnadw4 8 4 -- 220 mB Cutnal R.. A..eeemera 4 2 le a 46 $19,670 230 Cdacel Areas Report 1 :1 - 2 2 3 $4 3a0 2.40 Section 4(l Tedmlcsl Memorandum 2 2.60 NEPA DCE 8 32 1 2 4 4 $70.0x0 2.60 SEPA NDA 2 4 $1.34a 2.70 Hydr.yllc Project Apprwsl 2 1 4 4 52,6" 2B0 Blological Anessmeet, NEL 2 1 2go Sharal!ne Pemat 2 fl 2 $24ge I LoberSubtflal:1 N FtELDI>aaPEc7Iaa ■ 34 { as 80 1 i 10 ie c 8 16 i 4a o 748,M5 5112 S I(! Ihrdge kripemo i 81e4cn L.I,er#e a a i ■ a J 8 F f ■ � $0 4.10 jTmM. Control Plans 420 ITrane Coneeuctlen Lend Anatyaie 430 IPSE D"opmett —' La6ar$ublaral: 5 Rr ari.vl�c$ 0 d I a I a i a 1 o rt q o q 0 0 Sa 5.10 Ilwnicine and Progress Repartg 5.20 Project Mead 6 Goor&rletron- 5.30 CorwMjdonBWrnuw Reviews 540 Requeels fel' Inlarm■tlon RF19 G60 Record DroWngs I 5.60 CmsFuallon Ing ecoon SwWcee " Laaar8u6krtal:I ■ .nor $urn; Ra6lnhlwRBhd4 Sutra: 0 12 ! o 4d a 74 o gD o 2 a 14 o � If i a 0 o is � a i i6 o d# a a 70 F40r% 3179 i� Page 1 of 1 Exhibit E-2 CHUDGAR ENGINEERING Consultant Fee Summary Not -to -Exceed Fee Consultant Agreement KITTITAS COUNTY THORP TRUSS REHABILITATION PROJECT Classification: Principal Structural Enaineer Senior Structural Engineer Structural Design Engineer Structural Design Engineer Structural Design Engineer Title 6 Title 7 Title 8 Title 9 Title 10 Title 11 Title 12 Title 13 Title 14 Title 15 Title 16 Title 17 Title 18 Title 19 Title 20 Overhead (OH) Cost OH Rate x DSC of Fixed Fee (FF) FF Rate x DSC of Reimbursable Items Mileage Airfare Per Diem Subcontract (Blank) Total Hours X 14.00 X 24,00 X 80.00 X 8.00 X SAO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 X X X X X X X X X X X X X X X X Rate $ 105.00 $ 53.42 $ 37.81 $ 35.50 $ 36.36 _ $ 284.00 _ $ 290.88 = Cost _ $ 1,470.00 $ 1,282.08 _ $ 3,024.80 _ $ 284.00 _ $ 290.88 Total Direct Labor $ 6,351.76 110.00% X $6,351.76 = $ 6,986.94. 30.00% X $6,351.76 = $ 1,905.53 Direct Labor Subtotal $ 15,244.22 (## Miles x $0.56/mile) $ - (Allowance) $ - (Hotei + Meals @ $#.## x # trips) $ - (Sub Name & Task) $ - (Allowance) $ - Subtotal $ - GRAND TOTAL: $16,244.22 April 19, 2021 OF UDGAR ENGINEERING GE KITTITAS COUNTY THORP TRUSS REHABILITATION PROJECT P4nayral saaaaad DO— s.Or SaacnirdDft-* Enplm— stxtrd slrgersl I ISeslyn Engineer Enpneer sa w.l aasldn Engineer P.tle 24 Nul�ll.r Re- sGaPE aP WaRK $105,aa 557F2 $WX 535,50 $36,35 $0,00 2.4600 I PI40JCK:T MANAGEMENT 8 AOMINSITRATION !.10 1lnoldna and Progress Reparto 4 1,20 Projed MeetlnYs6Goardnstlan 4OP]S Lgbar SmWaGd: 2 ENVIRONMENTAL PERMITTING e o e I o a a $zaa 2.f0 Auunw Coordlmtlan 2.20 CLthnW Reawraes A.wassmerd 2.30 Cd6ad km Repot 2.40 Sectlon gg TecM[Gal Memorandum 2.50 NEPAOCE-------_ 2AG SEPA NOA 270 HydmWic Project Apprwal ...... ---- - 260 Bfde Zeal Am aamenl, NEL 280 ShardIna Pem K Le6or Sa6ta0al• 1 FEUDftJ✓sECTTON o a 4 0 a 0 5o J r0 Bade t"pe Wsn i Rrrar[ - Leber SubbWAtA 4 ERVlFrsvUCtUM bngin"nng and PV&E 0 # 5 4 4 1 4 w 4.10 TreRic Central Plana a 24 w a e 4+'•.?:t 4.20 Tns. Canstrudan Load Analys!s 4.30 PSE Oevelapment La6er Su6tetal: S CONSTRUCTION SUPPORT SERVICES a IA Ias e e 0 H5,22a &10 lmaidng and Progress 5.20 Pro ed M"dnp 8 Coardlmlfon- 5.30 Cor.truclim SrOrmSel Reviews I SAO Request, Por Infmmetlon (RF[,] &50 Record DmAngs 5.00 Construction Ins ectlon So-Aces Ls6at 8u6tohl: o o a o 6 o to Lmue SurR: nbatiurdnl. strm'� i. I 2dL do • a i o si6,24s to r s iTff Page 1 of Exhibit E-3 AKANA Consultant Fee Summary Not -to -Exceed Fee Consultant Agreement K MTAS COUNTY THORP TRUSS REHABILITATION PROJECT Classification Proiect Manaaer NACE Level 3 Inspector Safety Coordinator Admin Title 5 Title 6 Title 7 Title 8 Title 9 Title 10 Title 11 Title 12 Title 13 Title 14 Title 15 Title 16 Title 17 Title 18 Title 19 Title 20 Overhead (OH) Cost OH Rate x DSC of Fixed Fee (FF) FF Rate x DSC of Reimbursable Items Totai HiDur$ X Rat C, = Cost 8.00 X $ 65.00 = $ 520.00 336.00 X $ 65.00 = $ 21,840.00 8.00 X $ 44.00 = $ 352.00 16.00 X $ 48.00 = $ 768.00 0.00 X $ - _ $ - 0.00 X $ - _ $ - 0.00 X $ - _ $ 0.00 X $ - _ $ - 0.00 X $ - _ $ 0.00 X $ - _ $ - 0.00 X S - _ $ - 0.00 X $ - = $ 0.00 X $ - _ $ - 0.00 X $ - - $ 0.00 X $ - _ $ - 0.00 X $ 0.00 X $ - _ $ - 0.00 X $ - - $ - 0.00 X $ - r $ - 0.00 x $ - $ - Total Direct Labor $ 23,480.00 137.93% X $23,480.00 = $ 32,385.96 30.00% X $23,480.00 = $ 7,044.00 Direct Labor Subtotal $ 62,909.96 Mileage (100 miles per day x 40 days x $0.56/mile) $ 2,240.00 Per Diem 40 Das Q $151 per day for Yakima area) _$ 6,040.00 Subtotal $ 8,280.00 GRAND TOTAL: $71,189.9 ffl 19, 2021 AMNA AK KITCITAS COUNTY THORP TRUSS REHABILITATION PROJECT Project Mamija MACE Leval 82"admb 3lmpectar Caordnetor rdez0 MaNp!:r koro SCOPE OP WORK $05.00 965.00 944.00 I 540.00 $0.00 ;6798 7 PROJECT MANAGEMENT& ADM1N91T17AT10N 1.f0Imalcmg and Prowess Reports 1.20 Prof ect Meeangs a Caar k,.Imn labor8ubtoLt Y �N7rFRQNMENTAL PERNITTINt3 a a 0 a 0 10 2.10 Ageray Coxdnaton 220 CLM I*l Resources Assessment 230 Cdtcd Amse Report 240 Seckon 4(:j Teahrilcal lulernorsndum 250 NEPA OCE 290 SEPA NOA 2.70 rao Pro ect provd 2.53 Eelegled Assessment, NEL I 2.90 SNarell m Perrot Labor8abWltar, 3 FIELD IN;�PECnm e 0 1 0 1 0 i 0 1 $0 19 9,eirE■v Erenl Rraai ysb+t asd 4 6milf GQ11mb Enuirteenng arta rase ■ ■ o ■ a $0 4.10 Traffic Con7ot Plans 4.20 Truax Comtruc6on Land Analysis 4.80 PSEpevelopmerd Lafeer 9hrheotrl. 0 0 o a n iD 5 COtWi RuCT ON SuI'PPRT Sb—KviGEH 5.1O avajcirg and Propeaa Report 0 8 6: t4 5.20 set MeaCngsdC .,,.Bon 5.90 Coneballm &bmP3d Ra4sm 5.40 Requests for lntorme4on(RFIsk. 5.50 Record 7rsvd Sao Cortabuoaon lmpectim Services 380 aL _ I� i�i5 eN5 LiberSubtobr! _ url"Y �blawar*abl. 61ami a >w 338 ,J" a 6 14 1 0 0 Se;azo 6r. ti' �42,N6 ii4ir4 — kpff Page 1 or 1