HomeMy WebLinkAboutContractLocal Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 1 of 34
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address TIB Project Number
UBI Number Federal TIN
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes No DBE Participation
Yes No MBE Participation
Yes No WBE Participation
Yes No SBE Participation
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work
DBE Participation - N/A
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub-consultant Cost Computations
Title VI Assurances
Certification Documents
Liability Insurance Increase - NOT USED
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
Maximum Amount Payable: $3,442,794.80
CAG-22-164
CAG-22-164
July 22, 2022
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 2 of 34
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the _________________________________________________________________,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1)
of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the
required commitment and therefore deems it advisable and desirable to engage the assistance of a
CONSULTANT to provide the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish consulting services to the
AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or
attached and incorporated and made a part hereof, the parties hereto agree as follows:
I.General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services,
labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and
complete the SERVICES as designated elsewhere in this AGREEMENT.
II.General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A”
attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was
developed utilizing performance based contracting methodologies.
III.General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or
days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the
State of Washington.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 3 of 14
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant
Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work.
Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved
with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall
identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C
Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files,
prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of
service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others,
acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this
SERVICE, shall be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the
other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth
below:
If to AGENCY: If to CONSULTANT:
Name: Name:
Agency: Agency:
Address: Address:
City: Zip: City: Zip:
Email: Email:
Phone: Phone:
Facsimile: Facsimile:
IV.Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled “Completion Date.”
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
98057 98201
Rahmi Kutsal
Perteet, Inc.
2707 Colby Ave, #900
Everett WA State:
rahmi.kutsal@perteet.com
425) 252-7700
425) 339-6018
Michelle Faltaous
City of Renton
1055 Grady Way
Renton State: WA
mfaltaous@rentonwa.gov(
425) 430-7223
425) 430-7376
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 4 of 14
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A.Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,
and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates
shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such
written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and
E” will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to
aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the
CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and
classifications that will applicable for the twelve (12) month period.
The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the
AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect
cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in
a final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components of
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The
CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus
fee.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 5 of 14
A.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long
distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be
reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and
all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
B.Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.
C.Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized
in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit “D,” including names and classifications of all employees, and billings for all direct
non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview.
D.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
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. Per WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution
Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings
E. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt
of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or
bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in
connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period,
the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is
completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be
performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s
Project Manager.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 6 of 14
VI.Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and
by this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E”
attached hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall
be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be
memorialized in a final written acknowledgment between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall
require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this
AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable
sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII.Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warrant, the
AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from
this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of
this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except
regularly retired employees, without written consent of the public employer of such person if he/she will be
working on this AGREEMENT for the CONSULTANT.
Agreement Number:
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 7 of 14
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
42 U.S.C. Chapter 21 Subchapter V §
2000d through 2000d-4a)
Federal-aid Highway Act of 1973 (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 CONSULTANT is bound by the provisions of Exhibit
F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached
Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt
by the Regulations or directives issued pursuant thereto.
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon
ten (10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to
Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two
2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily
completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY
at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES
required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this
subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of
this section.
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT’s failure
to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 8 of 14
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved
CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this
AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to
renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be
made to the CONSULTANT as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
X.Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY
find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof
changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall
be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI.Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If
the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted
under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal
action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State
of Washington, situated in the county in which the AGENCY is located.
XII.Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local
laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed
under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws
of the State of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY
and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or
in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the
CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any
tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall
require a CONSULTANT
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 9 of 14
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the
AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other
persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the
CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents,
officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom
the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and
enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between
CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,
patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the
CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT may be legally liable, in performance of the Work under this
AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs,
information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and
employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’,
officers and employees’ failure to comply with specific written instructions regarding use provided to STATE
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its
sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due
notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,
this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during
contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for
proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in
accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 10 of 14
Insurance Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with
minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars
2,000,000.00) in the aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage
for any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined
single limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations
concerning products and completed operations coverage. This coverage shall be primary coverage and non-
contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the
additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or
subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The
AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of
Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14)
days of the execution of this AGREEMENT to:
Name:
Agency:
Address:
City: Zip:
Email:
Phone:
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to
section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of
the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional
liability to third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third
part, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT
has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law.
Michelle Faltaous
City of Renton 1055
Grady Way
98057RentonState: WA
mfaltaous@rentonwa.gov
425) 430-7223
425) 430-7376
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 11 of 14
XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of this
AGREEMENT in the SERVICES to be performed.
B.If any such change causes an increase or decrease in the estimated cost of, or the time required for,
performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an
equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and
3) other affected terms and shall modify this AGREEMENT accordingly.
C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,”
under this clause within thirty (30) days from the date of receipt of the written order. However, if the
AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted
before final payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However,
nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable
for this AGREEMENT, shall not be increased or considered to be increased except by specific written
supplement to this AGREEMENT.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY,
Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in
AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in
AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the
CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address
listed in section III “General Requirements” prior to its performance of any SERVICES under this
AGREEMENT.
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.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 12 of 14
XIX.Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information”
includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver’s license numbers, medical data, law enforcement records (or
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE
and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,
proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s
Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for
any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-
consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release
such information or material only to employees, sub-consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
access to the State’s Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s
Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii)
take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential
Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State’s Confidential Information was received; who received, maintained, and used the State’s
Confidential Information; and the final disposition of the State’s Confidential Information. The
CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in
termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary
damages, or penalties
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as
Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this
AGREEMENT.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 13 of 14
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers
confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as
soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is
not meant to include any information which, at the time of its disclosure: (i) is already known to the other party;
ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) 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, AGREEMENTs,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes,
reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets,
charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations,
computations, summaries, inventories, and writings regarding conferences, conversations or telephone
conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description;
every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 14 of 14
Signature Jason A. Seth Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
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.
CITY OF RENTON
PERTEET, INC.
ATTEST:7-22-2022
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit A
Scope of Work
Project No.
See attached Exhibit A
1. GENERAL
a. Construction Management. The Consultant shall manage the Project
Construction as set forth in the Rainier Avenue Project Contract Construction
Documents, WSDOT LAG Manual, 2018 WSDOT Standard Specifications, and the
WSDOT Construction Manual except as may be modified below.
b. Consultant’s Responsibilities.
i. The Consultant staff consists of:
1. Construction Manager
2. Resident Engineer
3. Construction Observer, if employed by the Consultant
4. Documentation Specialist
5. Public Outreach Sub-Consultant
ii. The Consultant’s responsibilities are the tasks assigned to Consultant
staff as described within the task descriptions below.
iii. The Consultant tasks, as assigned below, may be reassigned by the
Consultant. The Consultant must notify the Project Manager of such
reassignment. The Construction Manager shall remain responsible for
completeness, accuracy, and timeliness of the Consultant’s work.
c. City’s Responsibilities
i. The City staff consists of:
1. Project Manager
2. Engineer
3. Construction Observer, if employed by the City
ii. The City’s responsibilities are the tasks assigned to City staff as described
within the task descriptions below.
d. Other’s Responsibilities
i. Engineer of Record Permit and Environmental Compliance Manager, and
City Public Works Department shall be independently responsible for
tasks assigned as described within the task descriptions below.
e. Directing the Contractor
i. The Contractor is responsible to get its direction from the contract
documents.
ii. Clarification will be made in writing in RFI’s.
iii. Representatives of the Engineer are not authorized to accept Work, to
accept materials, to issue instructions, or to give advice that is contrary to
the Contract. Work done or material furnished which does not meet the
Contract requirements shall be at the Contractor’s risk and shall not be a
basis for a claim even if the representatives purport to change the Contract
Std. Spec. 1-05.2). In the event City or Consultant staff finds it necessary
to give direction to the Contractor, the entity giving direction may be
found responsible for the work so directed. A written record of the
directive must be made.
f. Duty of the Consultant. The presence of the Project Manager and/or the
Engineer during construction or discussions with the Contractor does not change
the duties and responsibilities of the Consultant, City, or Contractor.
g. Deliverables The required deliverables, if any, are described in each of the tasks
below.
2. RESPONSIBILITIES
a. Construction Manager
i. Staff management
ii. Progress review
iii. Billing
iv. Preconstruction meeting (3.v.)
v. Construction Observer and Documentation Specialist oversight (3.z.)
vi. Weekly construction meetings (3.cc.)
vii. Serial letters (3.vv.)
viii. Protests (3.bbb.)
b. Resident Engineer
i. ROM (3.g.)
ii. Non-materials submittal list (3.h.)
iii. Bid analysis (3.i.)
iv. Pre-award meeting (3.k.)
v. Record keeping (3.o.)
vi. Materials (3.q.)
vii. Buy America (3.r.)
viii. Subcontractors (3.s.)
ix. DBE subcontractors (3.t.)
x. Progress schedule (3.u.)
xi. Preconstruction meeting (3.v.)
xii. Labor (3.w.)
xiii. Project labor list (3.x.)
xiv. Contractor’s equipment rate list (3.y.)
xv. Construction Observer and Documentation Specialist oversight (3.z.)
xvi. Weekly construction meetings (3.cc.)
xvii. Safety (3.dd.)
xviii. Weekly statements of working days (3.ff.)
xix. Contractor’s weekly look-ahead schedule (3.gg.)
xx. Conformity with and deviations from plans and stakes.(3.hh.)
xxi. Permanent monuments (3.jj.)
xxii. Correction notices (3.kk.)
xxiii. Work suspension. (3.mm.)
xxiv. IDR’s (3.qq.)
xxv. Pay notes (3.rr.)
xxvi. RFI’s (3.tt.)
xxvii. Training (3.uu.)
xxviii. Serial letters (3.vv.)
xxix. Progress payment forms (3.ww.)
xxx. Force Account (3.xx.)
xxxi. Progress payments (3.yy.)
xxxii. Field directives (3.aaa.)
xxxiii. Change orders (3.bbb.)
xxxiv. Protests (3.ccc.)
xxxv. Notices (3.ddd.)
xxxvi. Change tracking (4.f.)
xxxvii. Progress Schedule (4.h.)
xxxviii. Posting Notices (4.i.)
xxxix. CM construction office (5.h.) and (5.i.)
c. Construction Observer (Inspector)
i. Pre-award meeting (3.k.)
ii. Non-materials submittal schedule (3.p.)
iii. Materials (3.q.)
iv. Subcontractors (3.s.)
v. Preconstruction meeting (3.v.)
vi. Labor (3.w.)
vii. Construction Observer and Documentation Specialist oversight (3.z.)
viii. Weekly construction meetings (3.cc.)
ix. Safety (3.dd.)
x. Contractor’s weekly look-ahead schedule (3.gg.)
xi. Conformity with and deviations from plans and stakes (3.hh.)
xii. Testing (3.ii.)
xiii. Permanent monuments (3.jj.)
xiv. Correction notices (3.kk.)
xv. Environmental (3.ll.)
xvi. Work suspension. (3.mm.)
xvii. Photographs (3.nn.)
xviii. Diary (3.oo.)
xix. Field notebooks (3.pp.)
xx. IDR’s (3.qq.)
xxi. Pay notes (3.rr.)
xxii. As-built plans (3.ss.)
xxiii. Force Account (3.xx.)
xxiv. Progress payments (3.yy.)
xxv. Field directives (3.aaa.)
xxvi. City Public Works Department Notification (3.eee.)
xxvii. CM construction office (5.f.)
d. Documentation Specialist
i. ROM (3.g.)
ii. Record keeping (3.o.)
iii. Non-materials submittal schedule (3.p.)
iv. Materials (3.q.)
v. Buy America (3.r.)
vi. Subcontractors (3.s.)
vii. DBE subcontractors (3.t.)
viii. Preconstruction meeting (3.v.)
ix. Labor (3.w.)
x. Construction Observer and Documentation Specialist oversight (3.z.)
xi. Weekly construction meetings (3.cc.)
xii. Meeting minutes (3.ee.)
xiii. IDR’s (3.qq.)
xiv. Pay notes (3.rr.)
xv. RFI’s (3.tt.)
xvi. Training (3.uu.)
xvii. Serial letters (3.vv.)
xviii. Progress payment forms (3.ww.)
xix. Force Account (3.xx.)
xx. Progress payments (3.yy.)
xxi. Change orders (3.bbb.)
xxii. Protests (3.ccc.)
e. Public Outreach Sub-consultant
i. Public outreach (3.fff.)
f. Testing Laboratory
i. ROM (3.f.)
ii. Materials testing and approval
iii. On-site compaction testing
iv. On-site concrete testing
g. Project Manager
i. Advertisement (3.a.)
ii. Contract addenda (3.b.)
iii. Bidder questions (3.c.)
iv. Bid deadline and opening (3.c. and d.)
v. Conformed construction documents (3.f.)
vi. ROM (3.g.)
vii. Bid analysis (3.i.)
viii. Determination of bidder responsibility and bid responsiveness (3.j.)
ix. Pre-award meeting (3.k.)
x. Preparation of contract documents for execution (3.l.)
xi. Award (3.m.)
xii. Execution (3.n.)
xiii. Record keeping (3.o.)
xiv. Materials (3.q.)
xv. Subcontractors (3.s.)
xvi. Preconstruction meeting (3.v.)
xvii. Notice to proceed (3.z.)
xviii. Work suspension. (3.mm.)
xix. IDR’s (3.qq.)
xx. Serial letters (3.vv.)
xxi. Progress payment forms (3.ww.)
xxii. Progress payments (3.xx.)
xxiii. Change orders (3.aaa.)
xxiv. Notices (3.ccc.)
h. Engineer
i. The Authority vested in the “Engineer” by the Standard Specifications
shall be vested in the City Transportation Design Manager who performs
the duties of the Certification Authority.
ii. Directing the Contractor (1.e.)
iii. Contract addenda (3.b.)
iv. Bidder questions (3.c.)
v. Conformed construction documents (3.f.ii)
vi. Pre-award meeting (3.k.)
vii. Materials (3.q.)
viii. Preconstruction meeting (3.v.)
ix. Work suspension. (3.mm.)
x. Change orders (3.aaa.)
xi. Protests (3.bbb.)
i. Engineer of Record
i. Contract addenda (3.b.)
ii. Bidder questions (3.c.)
iii. Conformed construction documents (3.f.)
iv. ROM (3.g)
v. Non-materials submittal list (3.h.)
vi. Bid analysis (3.i.)
vii. Pre-award meeting (3.k.)
viii. Record keeping (3.o.)
ix. Materials (3.q.)
x. Preconstruction meeting (3.v.)
xi. Weekly construction meetings (3.cc.)
xii. Conformity with and deviations from plans and stakes (3.hh.)
xiii. Permanent monuments (3.jj.)
xiv. RFI’s (3.tt.)
xv. Change orders (3.bbb.)
j. Permit and Environmental Compliance Manager
i. Review and approval of Contractor’s SPCC plan
ii. Environmental (3.ll.)
k. City Public Works Department
i. Water Manager (3.ddd.)
ii. Sewer and Surface Water Manager (3.ddd.)
iii. Streets Manager (3.ddd.)
3. TASKS
a. Advertisement
i. Prepared by Project Manager
ii. Placed in newspaper by City Clerk
iii. Two separate ads, posted for the duration of 21 calendar days (LAG
46.2.24)
iv. Electronic copies of the plans and specifications shall be placed by the
Project Manager and shall be available, online, at Builder’s Exchange
from the first date of advertisement, continuously, until physical
completion.
b. Contract Addenda
i. Contract addenda will be prepared by the Engineer of Record, reviewed
by Project Manager, and signed by Engineer (LAG 46.2.24).
c. Bidder Questions
i. Questions must be in writing, email preferable.
ii. Answers will be prepared by the Engineer of Record, reviewed by the
Project Manager, and signed by the Engineer.
iii. All answers shall be made in writing and posted on the bidding website
Std. Spec. 1-02.4(1), last paragraph).
iv. Answers that change the contract will generate contract addenda
d. Bid deadline
i. The bid delivery will be to the City Clerk and the deadline will be as
advertised.
e. Bid Opening
i. The bid opening by the City Clerk will be at least 48 hours following the
bid deadline
f. Conformed Contract Documents
i. Following the bid opening, the Engineer of Record will cause the contract
documents to incorporate all the changes made during the bidding
process.
ii. The Engineer will sign the contract documents for construction approval.
g. ROM (Constr. Man.9-1.2C)
i. The Record of Materials shall be prepared independently by WSDOT or
testing lab and the Engineer of Record and maintained by the Resident
Engineer or Documentation Specialist
ii. The ROM shall be prepared following bid opening and prior to Award
iii. Made available at the Pre-award Meeting
iv. See (3.q)
h. Non-materials Submittal List (Constr. Man. 1-05 Other submittals page 1-51)
i. The Engineer of Record and Resident Engineer shall independently
prepare a list of all contract-required non-materials submittals. (See
Figure 1-1, Constr. Man. 1-05 page 1-55)
ii. Following bid opening and prior to award
iii. Made available at the pre-award meeting
iv. See (3.p)
i. Bid Analysis
i. The Project Manager shall tabulate all the bids by bid item and evaluate
the apparent low bid for balance and other irregularities (Std. Spec. 1-
02.13.2.). The Engineer of Record and Resident Engineer shall review for
concurrence.
j. Determination of Bid Responsiveness and Bidder Responsibility
i. The Project Manager shall determine bid responsiveness and bidder
responsibility. A bid may be considered irregular and not responsive for
any of the conditions listed in Std. Spec. 1-02.13. Further instruction that
shall be followed is contained in LAG 46.2.26.
ii. A bidder may be deemed not responsible and the proposal rejected for
any of the conditions listed in Std. Spec. 1-02.14. Further instruction that
shall be followed is contained in LAG 46.2.22, 27, and 28.
iii. The Project Manager shall submit the low bid information to WSDOT
Local Programs for review and approval.
iv. Before award of a contract, a bidder shall submit to the contracting
agency a signed statement in accordance with chapter 5.50 RCW
verifying under penalty of perjury that the bidder is in compliance with
the responsible bidder criteria requirement of subsection (2)(f) of RCW
39.26.160. A contracting agency may award a contract in reasonable
reliance upon such a sworn statement (RCW 39.26.160 (4)).
k. Pre-award Meeting (Std. Spec. 1-02.15)
i. The Project Manager shall schedule and preside over a pre-award
meeting.
ii. Required participants
1. Engineer
2. Project Manager
3. Engineer of Record
4. Resident Engineer
5. Construction Observer/s
6. Contractor’s Project Manager
7. Contractor’s Site Foreman/Superintendent
iii. Agenda shall include at least the following:
1. Time of contract compliance letter and response
2. A pre-award progress schedule (3.o.ii).
3. Executed documents deadline
4. Construction phasing
5. Lump sum breakdowns
6. A complete statement of the origin, composition, and
manufacture of any or all materials to be used;
7. ROM
8. Non-materials submittal List
9. Special citizen outreach requirements
10. Date for pre-construction meeting/s
11. Date for notice to proceed
12. Construction offices
13. Lay-down locations
l. Preparation of contract documents for execution
i. The Project Manager shall prepare the contract documents for execution
by the Contractor.
m. Award
i. The Project Manager shall prepare the contract for award and submit the
material to the City Clerk who will submit the contract to the City Council
for award.
n. Execution (Std. Spec. 1-03.3, RCW 35A.40.200, RCW 35.23.352(1))
i. The Project Manager will deliver the complete the contract package to
the Contractor.
ii. The Contractor must execute and return the contract documents in full
within ten days from the date at which he or she is notified that he or she
has been awarded the contract.
iii. The Project Manager will deliver the contractor-executed contract to the
City Clerk for the Mayor’s execution.
o. Record Keeping
i. Filing system.
1. The City will provide the filing format that shall be used by the
Consultant
2. Original copies of all contract construction documents shall be
kept and filed by the Documentation Specialist and delivered to
the Project Manager in cardboard file boxes with printed external
tables of contents upon contract completion.
3. Electronic copies of all contract construction documents shall be
kept and filed by the Documentation Specialist and delivered to
the Project Manager in PDF format on a “thumb drive” upon
contract completion.
ii. Timeliness.
1. The Documentation Specialist shall update the status of
submittals and subcontractors on a daily basis and make them
available to the Construction Observer and Resident Engineer and
the Engineer of Record at 7:00 AM the morning following every
status change. All other records shall be updated on a weekly
basis and made available online to the City, the Contractor, and all
members of the construction management team and at the
weekly construction meeting following the status change.
iii. Final records.
1. Upon contract completion, the Documentation Specialist shall
provide the Project Manager with documentation of the work
performed on the contract. Documentation consists of field
books, inspector’s record of field tests, Resident Engineer’s and
inspector’s diaries, all invoices, weigh bills, truck measurements,
quantity tickets, receiving reports, field office ledgers, mass
diagrams, cross-sections, computer listings, and work profiles.
Photographs or video tapes before, during, and after construction
could be useful, especially if care is taken to show any unusual
conditions, equipment, or procedures (LAG Man. 52.8.83.4).
iv. The Documentation Specialist shall be responsible for filing all meeting
minutes (3.dd).
v. Contractor Records
1. The Document Specialist shall obtain proof from the Contractor
that it has met all the requirements for Records and Retention
Constr. Man. 1-07.11(10)B)
p. Non-materials Submittal Schedule
i. The Documentation Specialist shall maintain a non-materials tracking
spreadsheet, supplied by the City, of status and delivery deadlines of
non-material submittals for the purpose of notifying the contractor and
construction observer of pending requirements for up-coming
construction activity.
ii. The Resident Engineer shall review the non-materials tracking
spreadsheet at the weekly construction meetings
q. Materials
i. All materials must be approved by the Project Manager prior to use. The
Resident Engineer shall insure that the quality of materials and
workmanship on a project conform to the contract specifications (LAG
52.3)
ii. All QPL, RAM, ASA, CMO, and MCC submittals shall be delivered to the
Documentation, Resident Engineer, and the Project Manager.
iii. Each RAM submittal package shall be delivered complete. Parts of
assemblies submitted individually will be returned to the Contractor.
RAMS that vary from the specifications must be reviewed and approved
by the Engineer of Record.
iv. The Documentation Specialist shall maintain and update a City form
material submittal tracking spreadsheet with all material submittals.
v. Materials shall also be tracked by bid item on appropriate WSDOT forms
272-024.
vi. The Resident Engineer shall be responsible for reviewing materials
submittals for conformance with the specifications and approving or
obtaining materials approvals.
vii. The Construction Observer shall receive all Materials on site. Only
approved materials shall be accepted and all materials shall have
identification stamps or tags. Non-approved materials and/or materials
missing identification shall be rejected and either quarantined or
removed from the site. Used materials shall be removed from the site
immediately.
viii. The Construction Observer shall keep trip tickets, invoices, weigh bills,
truck measurements, quantity tickets or other record of the quantities of
all materials delivered
ix. Materials Certification. The Documentation Specialist shall provide the
Engineer, for his signature, a completed Materials Certification form
DOT Form 140-574) upon completion. This materials certification shall
be completed in accordance with Construction Manual Section 9-1.5 and
Section 52.3 of the LAG Manual (LAG Man. 52.8.83.6).
r. Buy America
i. The Resident Engineer shall be responsible that all ferrous materials meet
Buy America” requirements (Special Provision 1.06).
ii. The Documentation Specialist shall obtain and file all CMO’s (DOT Form
350-109) and/or MCC’s from the Contractor.
s. Subcontractors
i. All subcontractors must be approved by the Project Manager before
performing any work on the project (Std. Spec. 1-08.1)
ii. The Construction Observer shall keep track of all subcontractors on the
job site and require removal of all unapproved subcontractors by the
Contractor.
iii. All subcontractors must meet the conditions set forth in Std. Spec. 1-
08.1.
iv. The Contractor must submit a completed WSDOT form 421-012 for each
proposed subcontractor. The request must be reviewed and approved by
the Resident Engineer to ensure that the proposed subcontractor meets
the requirements of WAC 296.127.10 (Constr. Man. 1-08.1.).
v. All subcontractors must submit intents to pay prevailing wages
documents L&I form F700-029-000 and appropriate addenda before
performing any work on the project.
vi. All contracts with all subcontractors and lower tier subcontractors shall
contain the exact language contained in Form FHWA 1273 as revised
May 1, 2012
vii. All subcontractors must have a City of Renton Business License.
viii. The Contractor shall insert the notification set forth in the Standard
Specifications in all solicitations for sub-contractor and supplier bids.
Std. Spec. 1-07.11(2)3.)
ix. Subcontractor contract retainage requirements GSP1-08.1 (June 3, 2019 )
must be met.
x. The Documentation Specialist shall keep files of all subcontractors and
their submittals and shall maintain and update a City form subcontractor
tracking spreadsheet with all subcontractor approval submittals.
xi. Removal. If dissatisfied with any part of the subcontracted Work, the
Engineer may request in writing that the Subcontractor be removed. (Std.
Spec. 1-08.1 last paragraph).
xii. If required, the Construction Observer shall observe and record VIN
numbers on contractor trucks.
t. DBE Subcontractors (See Special Provision for DBEs 1275)
i. Upon award, the DBE goal percentage is replaced with the individual DBE
sub-contractor dollar amounts provided with the bid that become
Conditions of Award (COA’s)
ii. COA DBE’s and their contract dollar amounts (Special Provision 1-07.11,
page 52) cannot be changed without meeting the conditions set forth in
LAG 26.3.6.
iii. COA DBE’s shall be interviewed by the Resident Engineer on behalf of the
Engineer and make CUF determinations using DOT Form 272-052, Special
Provision 1-07.11, pages 50, 51.
iv. Reporting. The Contractor shall use the WSDOT implemented DMCS to
file DBE payment. The Documentation Specialist shall monitor DBE
participation and track all Subcontractor payments and monitor
attainment of Condition of Award (COA) Commitments. The
Documentation Specialist shall yearly collect and submit EEO-Reporting
Form FHWA-1391). The Documentation Specialist shall monthly collect
the Monthly Retainage Report (WSDOT Form 272-065) from the
Contractor.
v. The Construction Observer shall verify trucks that are on-site match the
trucks listed by license plate on DOT Form 350-077. If trucks are on-site
that are not listed on the log, document in the Inspector Daily Report the
license plate number and identifying logo. Notify the Project Engineer of
the unlisted trucks.
u. Progress Schedule
i. The Progress Schedule shall be type B unless otherwise indicated in the
contract (Std. Spec. 1-08.3 (2)) and (Special Provisions, page 75).
ii. Prepared by Contractor
iii. A pre-award schedule, of sufficient detail to demonstrate completion of
the project within the time of contract, shall be submitted at the pre-
award meeting (Std. Spec. 1-02.15.3.).
iv. A preliminary schedule shall be submitted five calendar days following
Contract Execution (Std. Spec 1-08. 3(2)B).
v. The entire project schedule, if different from the pre-award schedule,
shall be submitted within 30 calendar days following contract execution.
Std. Spec. 1-08. 3(2)B)
vi. The progress schedule shall be reviewed and approved or returned by the
Resident Engineer 15 calendar days following submittal by the
Contractor, (Std. Spec. 1-08. 3(2)B)
vii. The Resident Engineer shall determine if the Contractor will perform at
least 30% of the work (Std. Spec. 1-08.1) and:
viii. Collectively, lower tier subcontractors shall not do work that exceeds 25
of the total amount subcontracted (Std. Spec. 1-08.1.7.) to all
Subcontractors except for structure work.
ix. The Resident Engineer shall require updates, as may be required, for
review and approval. (Std. Spec. 1-08. 3 (3))
v. Preconstruction Meeting (LAG Man. 52.2)
i. The Pre-construction meeting shall be scheduled and managed by the
Resident Engineer.
ii. List of invitees shall include:
1. The Project Manager
2. The Project Specialist (Joey)
3. The Engineer
4. The Engineer of Record
5. The City’s Public Works representatives
6. The Resident Engineer
7. The Construction Manager
8. The Documentation Specialist
9. The Construction Observer/s
10. The Public Outreach Sub-consultant
11. The franchise utility representatives
12. The WSDOT Local Programs Engineer
13. The WSDOT inspector (for projects on state highways and/or in
WSDOT limited access ROW.
iii. The Agenda shall be prepared by the Resident Engineer and shall include
at a minimum those items listed in (LAG Appendix 52.101)
iv. First Order of Work (Std. Spec. 1-08.4)
1. When shown in the Plans, the first order of work shall be the
installation of high visibility fencing to delineate all areas for
protection or restoration.
v. Forms
1. The Resident Engineer should provide the Contractor a description
of all required forms, giving the Contractor an initial supply of
each. Additional forms required by the Contractor over the course
of the work should be provided by the Resident Engineer upon
request by the Contractor. Remind the Contractor that all form
submittals, including those of subcontractors, lower-tier
subcontractors, and suppliers, should be routed through the Prime
Contractor for submittal (Constr. Man. P. 1-52).
w. Labor
i. Minimum wages shall meet Federal or Washington State prevailing wage
rates, whichever is higher.
ii. Intents to pay prevailed wages
1. The Prime Contractor and all subcontractors and lower tier
subcontractors must submit intents to pay prevailed wages. It is
the responsibility of the Documentation Specialist to collect and
file the intents (Std. Spec. 1-07.9 and Special Provisions). The
Resident Engineer shall not permit the Contractor, subcontractors
or lower tier subcontractors onto the job site until their Intents
have been submitted and approved through the L&I website.
iii. Certified payrolls
1. The Documentation Specialist shall collect and file all certified
payrolls and shall not enter work into the progress payment form
for payment to the Contractor, subcontractors or lower tier
subcontractors, failing to submit the required certified payrolls
within 10 calendar days of the of the end of the preceding weekly
payroll period. (Std. Spec. 1-07.9(5) Certified payroll shall be
submitted through the L&I web site.
2. The Documentation Specialist shall maintain and update a City
form certified payrolls tracking spreadsheet containing all
certified payrolls.
iv. Affidavits of wages paid
1. The Documentation Specialist shall collect and file affidavits of
wages paid from the Contractor and all subcontractors following
physical completion. The City will not accept the project nor
release the contract bond until all such affidavits have been
delivered. (Std. Spec. 1-07.9(5) Affidavits shall be submitted
through the L&I web site.
v. Interviews (Constr. Man. 1-07.9(1))
1. The Construction Observer shall perform interviews with the
Contractor’s and subcontractor’s worker to verify payment of the
correct wage rates.(Constr. Man. p. 1-86) DOT Form 424-003
x. Project Labor List (Std. Spec. 1-09.6.1.)
i. Project labor lists of the charge rates for all employees shall be submitted
by the contractor and all subcontractors for review and approval by the
Resident Engineer prior to the notice to proceed.
y. Contractor’s Equipment Rate List (Std. Spec. 1-09.4 and 1.09.6.3.)
i. Contractor-owned equipment rates shall be submitted by the contractor
for every piece of equipment potentially used on the job for review and
approval by the Resident Engineer prior to the notice to proceed.
z. Construction Observer and Documentation Specialist Oversight
i. The Resident Engineer shall manage the activities of the Construction
Observer and Documentation Specialist and provide direction and
training as necessary. If the Construction Observer or Documentation
Specialist is failing to perform assigned duties, the Resident Engineer shall
attempt to correct the performance. If the Construction Observer or
Documentation Specialist fails to make the corrections, he or she must be
replaced. In the event the Construction Observer is a City employee, The
Construction Manager shall prepare a written notice of performance
failure that must be delivered to the Project Manager.
ii. If the City employee fails to make the necessary corrections, the Project
Manager will remove the City employee and the Resident Engineer may
be required to replace the City employee with a Consultant Construction
Observer.
aa. Notice to Proceed
i. The Project Manager will issue the notice to proceed to the Contractor.
ii. Work must begin within 21 days of execution of contract (Std. Spec. 1-
08.4).
bb. Mobilization (Std. Spec.1-09.7)
i. Payment for mobilization will be made in strict compliance with the
Standard Specifications. The numerators for the 5% and 10% thresholds
calculations are the sums of the value of all bid item and force account
work completed up to the cutoff date excluding any amount for the bid
item, mobilization. The divisor for the 5% and 10% thresholds calculations
is the total original contract amount. The basis for the 10% delayed
payment limit until substantial completion is the total original contract
amount.
cc. Weekly Construction Meetings
i. Held in the Consultant’s or Contractor’s construction office and presided
over by the Resident Engineer.
ii. Required attendees
1. Construction Manager
2. Resident Engineer
3. Documentation Specialist
4. Construction Observer
5. Public Outreach Sub-consultant
6. Project Manager
7. Engineer
8. Engineer of Record
9. Permit and Environmental Compliance Manager
10. Contractor Representatives
iii. Agenda
1. Safety
a. Contractor’s report
b. Resident Engineer’s report
c. Construction Observer’s report
2. Meeting minutes
3. Weekly statement of working days
4. Schedule progress
a. Contractor’s weekly look-ahead schedule
b. Up-coming pre-construction meeting dates
c. Critical completion dates
d. Contractor’s plan for meeting critical completion dates
5. Resident Engineer’s report
6. Construction Observer’s report
7. Environmental compliance report
8. Public outreach report.
9. Submittals
a. Changes to the ROM
b. Materials tracking spreadsheet review.
c. Non- materials tracking spreadsheet review
d. The Documentation Specialist shall review and supply
updated copies of the materials and non-materials
tracking spreadsheets at every construction meeting.
10. Certified payrolls
a. The Documentation Specialist shall review and supply
updated copies of the Certified payrolls tracking
spreadsheets at every construction meeting.
11. RFI’s
a. Status
b. The Documentation Specialist shall review and supply
updated copies of the RFI tracking spreadsheets and at
every construction meeting.
12. Serial Letters
a. Status
b. The Documentation Specialist shall review and supply
updated copies of the serial letter tracking spreadsheet at
every construction meeting.
13. Change Orders
a. Status
b. The Documentation Specialist shall review and supply
updated copies of the Change Order tracking spreadsheet
at every construction meeting.
14. Training
a. Contractor shall submit Training Program Approval (DOT
Form 272-049) and Apprentice/Trainee Approval Request
DOT Form 272-050)
b. The Documentation Specialist shall prepare Annual Project
Training Report (DOT Form 272-060) and submit to Local
Programs by December 20.
15. Subcontractor status
a. DBE Status
b. Written approvals
c. Intents to pay prevailing wages
d. Business licenses
e. The Documentation Specialist shall review and supply
updated copies of the subcontractor tracking spreadsheets
at every construction meeting.
dd. Safety (Std. Spec. 1-07.1)
i. The Division of Occupational Safety and Health requires that every
foreman, supervisor, or other person in charge of a crew have a valid first
aid card. (Constr. Man. Page 1-72)
ii. The Resident Engineer shall obtain the WISHA manuals, particularly
Safety Standards for Construction Work WAC 296-155, General Safety
and Health Standards WAC 296-24, and General Occupational Health
Standards WAC 296-62, and shall review them with the Construction
Observer/s to ensure reasonable familiarity to the extent that they can
recognize important requirements. (Constr. Man. Page 1-73)
iii. The Resident Engineer, shall complete OSHA Form 301 for each
consultant employee injured.
iv. Vehicular and pedestrian accidents within project limits shall be reported
by the Construction Observer to the City Police at 911. Construction shall
make a make a note in his IDR of what happened.
ee. Meeting minutes
i. Minutes of pre- construction, weekly construction, and all other
contractor construction meetings shall be kept by the Documentation
Specialist. Copies of said minutes shall be sent to all participants by the
day following the meeting for review and comment and such comments
shall be returned within 2 days following their receipt. Following
corrections, as may have been necessary, the final minutes will be filed
and delivered to the participants within an additional 2 days or at the
next weekly construction meeting.
ff. Weekly Statements of Working Days
i. Shall be supplied by the Resident Engineer. In the event it is not available
for delivery, the construction meeting will be interrupted and delayed
until it is available. The costs for such delay, if any, shall be borne by the
Consultant.
ii. This report shall be on LAG Man. form 52.105 that details the number of
workable/unworkable days charged to a project, the reason a day is
charged as unworkable, daily weather codes, the current status of
contract days, and a summary or the week’s construction activity.
Constr. Man. GEN 1-00.7(1)5.)
gg. Contractor’s Weekly Look-Ahead Schedule
i. The weekly look-ahead shall be for the two-week period beginning the
day following the date of the weekly construction meeting. The weekly
look-ahead schedule must be delivered to the Resident Engineer three
working days prior to the weekly construction meeting (Std. Spec. 1-
08.3(2)D). In the event it is not so delivered, the construction meeting
may be delayed by the Resident Engineer until he or she has completed
his or her review and may suspend work for the period of the meeting
delay (Std. Spec. 1-08.6.2.). The period of such work stoppage will be
counted as working days (Std. Spec. 1-08.6.).
ii. The Resident Engineer and the Construction Observer shall review the
plans, specifications, special provisions, and bid items for work planned
for the up-coming work period
hh. Conformity With and Deviations From Plans and Stakes (Std. Spec 1-05.4)
i. Construction staking
1. It is the responsibility of the Contractor to accurately set
construction staking and to construct the project in conformance
with the plans and specifications. It is the responsibility of the
Construction Observer and Resident Engineer to be familiar with
the plans and specifications.
ii. PROWAG
1. The Construction Observer shall document PROWAG compliance
on all wheelchair ramps and signal construction on WSDOT ADA
Measurement Forms with instructions.
iii. Preconstruction meetings
1. The Resident Engineer shall conduct pre-construction meetings as
may be required by the non-materials submittal list and preceding
construction of features such as wheelchair ramps and catch
basins /manholes.
2. The Resident Engineer and Construction Observer shall conduct
preconstruction meetings prior to construction of curbs at raised
intersections, wheelchair ramps, and catch basins/manholes. A
City, Rainier Avenue Project, standard plan for catch basin and
manhole construction shall be supplied to the Contractor
personnel.
iv. Raised intersection gutters
1. The Construction Observer and Engineer of Record shall be
present during the forming and pouring of the raised intersection
gutters.
v. Catch basins and manholes
1. The Resident Engineer and Construction Observer shall be present
at the construction of the adjustment rings and frames. They shall
both inspect all completed catch basins and manholes
immediately following final adjustment and require
reconstruction of those not meeting the requirements of the
standard plan.
ii. Testing
i. The Construction Observer shall contact and schedule testing.
ii. Materials testing will be by Terracon.
iii. Compaction testing will be by Terracon.
iv. Utilities testing will be by Public Works: water (name and phone
number); sewer and storm (name and phone number).
jj. Permanent Monuments (RCW 58.09.130)
i. The Resident Engineer or the Construction Observer shall report to the
Engineer of Record and Project Manager all permanent monuments
found in the construction zone, not shown on the plans. Whenever a
survey monument needs to be removed or destroyed, the application
required by WAC 332-120-050 shall be submitted to the Department of
Natural Resources. It shall be completed, signed and sealed by the
Contractor’s land surveyor or engineer.
ii. All applications must be completed on forms provided by the Department
of Natural Resources and follow instructions provided by DNR.
Completed applications shall be filed at DNR (WAC 332-120-070).
iii. RCW 58.09.040 requires that, for all monuments that are set or reset, a
record of the monument be filed on a Monumentation Map with the
County Engineer in the county in which the corner exists and the original
sent to the DNR for their records.
kk. Correction Notices
i. Deviations. When the Construction Observer observes the Contractor’s
work deviating from the approved plans and/or specifications he/she
shall immediately inform the person performing the unapproved work.
ii. The oral notice shall be followed directly with a written correction notice
from the Resident Engineer using a City-approved form and delivered to
the contractor’s on-site foreman or superintendent.
iii. The Contractor will not be paid for unapproved work and it must be
removed and replaced unless the City and Contractor agree to execute a
change order for an acceptable deviation. An adjustment in cost may be
required.
ll. Environmental
i. Contractor compliance with permits and environmental regulations shall
be the primary responsibility of the contractor and enforcement shall be
the primary responsibility of the Permit and Environmental Compliance
Manager. The Construction Observer shall report all violations observed
to the Permit and Environmental Compliance Manager
mm. Work Suspension
i. The Resident Engineer may issue a work suspension order when there is
overwhelming evidence of contractor disregard for an immediate threat
to Life and Safety. (Std. Spec. 1-07.1) and (Constr. Man. 1-07.1 page 1-
75).
1. The first course of action is the Construction Observer gives oral
notification to the foreman of the Contractor’s crew involved and
phone notification to the local WISHA office and the Project
Manager if the problem is not corrected immediately. If the
Project Manager determines that immediate action is required
he/she may direct the Construction Observer to immediately
Issue a written work suspension order.
2. Second is oral and written notification to the Contractor’s Project
Manager and the foreman or superintendent and the local WISHA
field office:
3. Third, if the Contractor refuses to address the safety violation and
no WISHA officer is available, the Engineer may issue a written
work suspension order.
ii. The Resident Engineer with input from the Permit and Environmental
Manager may suspend work in the vicinity of archaeological or historical
objects discovery.
iii. The Resident Engineer shall suspend all work in the area of and adjacent
to the discovery of human skeletal remains (Constr. Man. 1-07.16(4)A).
iv. The Resident Engineer may suspend work in the area of a utility conflict
until the solution of the conflict has been determined and a Field
Directive has been issued.
v. All other Work Suspension Orders must be issued by the Project Manager
following consultation with the Engineer and the City Attorney.
vi. The Work Suspension Order shall be on a City form and must contain, at a
minimum, the following:
1. Identification of the Contract work being performed.
2. A description of the reason or alleged infraction including
WISHA/OSHA rule if available.
3. Location.
4. Time.
5. The name of the Contractor’s person responsible for the alleged
infraction.
6. Photographs and/or video showing the condition or alleged
infraction.
nn. Photographs
i. The Construction Observer shall take photographs of all materials and
their identification markings or tags upon delivery, all changes, and
adequate photographs of construction to create a complete photographic
record of the project construction. All photographs shall be date and
time stamped and given a reference number, and a record kept of the
locations of all photographs (Constr. Man. 10-3.14).
oo. Diary
i. The Construction Observer shall keep a diary record of construction
activity. (Constr. Man. 10-3.6A)
pp. Field Notebooks
i. Field Notebooks shall be completed and maintained by the Construction
Observer (Constr. Man. 10-3.12).
qq. IDR’s
i. The Construction Observer shall complete inspector daily reports for
every day worked by the Contractor. The IDR’s shall be completed in
compliance with Constr. Man. 10-3.6B and delivered to the
Documentation Specialist, Resident Engineer and Project Manager In PDF
format at the completion of each day’s work.
ii. The IDR’s shall be made on WSDOT forms 422-004, 004A and 004B
Revised 07/2019
iii. The Resident Engineer shall review all IDR’s.
rr. Pay Notes (Field Notes) (Constr. Man. 10-3.12)
i. The Construction Observer shall measure and complete records of
quantities of all the bid items constructed each day using WSDOT Form IP
422-635ER EF Revised 2/2009
ii. The Construction Observer shall present the completed Pay Notes to the
Contractor the following morning for review and signature and
immediately forward to the Documentation Specialist and Resident
Engineer.
iii. The Resident Engineer shall review all pay notes.
iv. The Documentation Specialist shall prepare and complete Pay Note
records on Pay Note summary spreadsheets for each pay period.
ss. As-Built Plans
i. The Construction Observer shall keep an independent record of all
changes from the plans in his or her diary and in red ink on a full-size set
of the construction plans (Constr. Man. 10-3.11A). The as-built plans shall
be clearly stamped “AS-BUILT DRAWINGS” and kept in the construction
office until physical completion.
ii. All corrections, repairs, revisions and additional details necessary to
depict the work as it was constructed shall be shown on the as-built
plans, whether considered the practice of engineering or not and
whether considered a change to the contract or not.
iii. The as-built drawings shall be current with entries made the day the
construction changes were made.
iv. Changes made pursuant to a Change Order shall be identified on the
plans with the Change Order number.
v. Photographs of the changes shall be taken and referenced on the plans
by reference number.
tt. Requests for Information (RFI’s)
i. Contractor requests for information shall be answered in writing by the
Resident Engineer.
ii. If the RFI is for information missing from the plans or specifications, it
shall be forwarded to the Engineer of Record for a response.
iii. The Documentation Specialist shall maintain and update a City form RFI
tracking spreadsheet containing all RFI’s.
uu. Training
i. The Documentation Specialist shall monitor the payment amount for bid
item No. 5 for compliance and the Resident Engineer shall work with the
Contractor to achieve compliance. (DOT Form 272-049)
vv. Serial letters
i. Serial letters shall be used for the tracking of time-sensitive
communications that require responses, such as notices, claims, protests,
etc.
ii. The Construction Manager shall consult with the Resident Engineer and
prepare the responses. They shall be reviewed by the Project Manager,
reviewed by the Engineer, reviewed by the City Attorney if necessary, and
sent to the Contractor.
iii. The Documentation Specialist shall maintain and update a City form serial
letter tracking spreadsheet for tracking all protests, disputes, claims,
requests for additional time, and all other time sensitive correspondence
between the City and the Contractor.
ww. Progress Payment Forms
i. Following award, the Project Manager shall input the contract schedule
of prices on the City Progress Payment forms and then shall lock the
input contract data and forward the completed forms to the Resident
Engineer and Documentation Specialist.
ii. Following execution of a change order, the Project Manager shall input
the change order items and estimates and then shall lock the input
change order data and forward the completed forms to the Resident
Engineer and Documentation Specialist.
iii. All the formula columns shall be locked.
xx. Force Account (Std. Spec. 1-9.6)
i. The Construction Observer shall track force account work on City forms.
The forms shall be completed by the end of each day force account work
was performed. The Construction Observer shall sign and obtain the
signature of the Contractor’s representative on all completed force
account tracking forms before the end of the following day. The
Construction Observer shall forward all completed and signed force
account tracking forms to the Resident Engineer, the Project Manager,
and Documentation Specialist.
yy. Progress Payments (Std. Spec. 1-09.90
i. Progress payment invoices shall be prepared and signed by the
Documentation Specialist or Resident Engineer on forms provided by the
City. All bid item quantities shall be based on the pay notes generated for
that pay period.
ii. All input by the Consultant will be in quantities from the Pay Note
Summary spreadsheet. Check measurement and payment for the
complete bid items of the specifications to ensure that the measurement
conditions have been met.
iii. The estimate to complete column must never contain formulas. The input
shall be actual estimated quantities provided by the Construction
Observer and reviewed by the Resident Engineer.
iv. Completed progress payments must be reviewed and signed by the
Project Manager prior to submittal to the Contractor for signature.
v. The Engineer will review, sign, and submit the signed Progress Payment
Invoices to the City Finance Division in time to insure payment to the
contractor within 30 days from the Contractor’s signed progress payment
invoices delivery to the City.
zz. Materials on Hand (Std. Spec.1-09.8)
i. Payment for materials on hand will be made in strict compliance with the
Standard Specifications.
aaa. Field Directives (Std. Spec. 1-04.4.)
i. Written field directives shall be used to enforce correction notices or
initiate change orders. They will be issued by the Resident Engineer or
Construction Observer on City forms.
ii. They shall include a description of required work and in the case of
changes, a rough estimate. Signatures of the initiator, the Resident
Engineer or Construction Observer are required and the Contractor’s
representative for changes.
bbb. Change Orders
i. Change orders shall be prepared by the Resident Engineer on City
approved forms, and in compliance with (Std. Spec. 1-04.4.)
ii. Change orders must be reviewed and signed by the Project Manager,
Engineer, Engineer of Record, Engineer, and others as may be required by
City Policy.
iii. The change order, approved and issued by the Engineer, will be given to
the Contractor for endorsement. If the Contractor fails to endorse and
return the change order, request an extension of time for endorsement
or responds in accordance with Std. Spec. 1-04.4. within 14 days of
delivery to the Contractor, it may be issued unilaterally by the City.
iv. Change orders shall include only force account work, bid item work, or a
lump sum. Mixing any of the above in one change order makes tracking
of force account work impossible.
v. Preparation of change orders shall begin immediately following issuance
of field directives or the decision for a planned change. In the case of a
planned change, the first step is a determination that the change is not a
new project by the City Attorney. The preparation of all change orders is
as follows:
1. Complete a description of the change.
2. Prepare a cost estimate by the Resident Engineer.
3. Get a change order quotation or estimate from the Contractor.
4. Establish force account estimate, bid item, or negotiated lump
sum amount for the equitable adjustment. Force account change
orders are preferable.
5. Update labor list and equipment rate list if necessary.
6. Complete a reason for the change.
7. Execute the change order.
A change order has fixed unit prices and estimated bid item quantities,
fixed as a lump sum, or an open estimate in the case of force account. In
any case it must be executed immediately in order to pay the contractor
for its work. Force account records are for progress payments, not change
orders.
vi. Minor Changes shall not be used.
vii. Equitable Adjustment includes the cost of the labor, equipment,
materials, bid items, if any, and the costs of non-main office extended
overhead, if any (Std. Spec.1-09.4).
viii. Completed change orders shall be filed by the Documentation Specialist.
ix. The Documentation Specialist shall maintain and update a City form
Change Order tracking spreadsheet that shall include all Field Directives
and Change Orders.
ccc. Protests
i. The procedure for the Contractor to file a protest is set forth in Std. Spec.
1-04.5.
ii. The Resident Engineer, with recommendation from the Construction
Manager and as reviewed and approved by the Project Manager, shall
propose resolution of protests, disputes and claims. (Std. Spec.1-09.11).
Final determination of the response to the Contractor shall be made by
the Engineer.
iii. The Documentation Specialist shall track all protests, disputes and claims
on a City form serial letter tracking spreadsheet.
ddd. Notices
i. The method for serving and receiving notices is set forth in Std. Spec.
1.05.15. Notices from the Contractor shall be sent to the Project
Manager. Notices to the Contractor shall be prepared by the Resident
Engineer and issued by the Project Manager.
eee. City Public Works Department Notification
i. The Construction Observer shall be responsible for notifying City Public
Works employees when the following work is requested (3.ii.):
ii. Water
1. Pressure Testing
2. Disinfection
3. Purity Testing
iii. Sewer
1. Video
2. Pressure Testing
3. Manhole inspection
iv. Surface Water
1. Video
2. Pressure testing
3. Manhole/Catch Basin inspection
v. Streets
1. Curb/gutter inspection
2. Sidewalk inspection
3. Pavement inspection
fff. Public Outreach
i. Create and maintain project web page.
ii. Respond to all phone calls and emails.
iii. Maintain a record of all contacts with a separate file for any
commitments made.
iv. Deliver all contacts made with a name, contact information, and a
description of the substance of the contact.
v. Presence and delivery of a report at all construction meetings
4. CONTROLLING ORDER OF CONTRACT DOCUMENTS. (Std. Spec. 1-04.2)
a. Addenda,
b. Proposal Form,
c. Special Provisions,
d. Contract Plans,
e. Amendments to the Standard Specifications,
f. Standard Specifications,
g. City of Renton Standard Plans
h. Geotechnical Studies
5. CM CONSTRUCTION OFFICE
a. The construction office shall be provided by agreement between the contractor,
the consultant, and/or the City.
b. Construction office equipment shall be provided by agreement. In the event
there is a delay in power, cable, or phone connections or equipment deficiency
of any kind, it shall be the responsibility of the consultant to temporarily provide
such connections and/or equipment necessary to perform the duties of the
consultant. The City will compensate the consultant for such temporary
provision of connections and/or equipment required to be provided by others.
c. Weekly Construction Meetings will be held in the consultant’s construction
office.
d. Scope of Work. This Scope of Work shall be kept and mounted on a wall in the
construction office at all times.
e. Plans and Specifications. A full size set of Project Plans together with all other
Contract Documents shall be kept and available in the construction office at all
times.
f. Change Tracking. The Construction Observer shall track and record all changes
on separate full size set of plans kept in the construction office. Changes shall be
recorded in red the day of or following the change.
g. Permits. Copies of all project permits shall be kept and mounted on a wall in the
Consultant’s construction office at all times.
h. Progress Schedule. A current Progress Schedule of the entire project shall be
kept and mounted on a wall in the construction office at all times. The Resident
Engineer shall track the construction progress with a yellow hi-liter. The
construction progress tracking shall be based on the Pay Notes and be entered
as soon as available.
i. Posting Notices (Std. Spec. 1-07.9(2))
i. The Resident Engineer shall ensure that the Contractor posts the required
notices listed in the referenced standard specification and the additional
documents listed in (Constr. Man. 1-07.(2).
ii. The location of the postings must be as set forth in the Standard
Specifications at the job site or if the project is small and the Contractor
has no on-site construction office, then alternatively, the Contractor my
post the notices at the corporate office and supply each and every
employee working on the project with copies of all the required notices.
Table of contents
1. 1 General 1
a. Construction Management 1
b. Consultant’s Responsibilities 1
c. City’s Responsibilities 1
d. Other’s Responsibilities 1
e. Directing the Contractor 1
f. Duty of the Consultant 2
g. Deliverables 2
2. Responsibilities
a. Construction Manager 2
b. Resident Engineer 2
c. Construction Observer 3
d. Documentation Specialist 3
e. Public Outreach Sub-consultant 4
f. Testing Laboratory 5
g. Project Manager 5
h. Engineer 5
i. Engineer of Record 6
j. Permit and Environmental Compliance Manager 6
k. City Public Works Department 6
3. Tasks
a. Advertisement 6
b. Contract Addenda 7
c. Bidder Questions 7
d. Bid Deadline 7
e. Bid Opening 7
f. Conformed Contract Documents 7
g. ROM 7
h. Non-Material Submittal List 7
i. Bid Analysis 7
j. Determination of Bid Responsiveness and Bidder Responsibility 8
k. Pre-Award Meeting 8
l. Preparation of Contract Documents for execution 9
m. Award 9
n. Execution 9
o. Record Keeping 9
p. Non-Materials Submittal Schedule 10
q. Materials 10
r. Buy America 11
s. Subcontractors 11
t. DBE Subcontractors 12
u. Progress Schedule 13
v. Preconstruction Meeting 13
w. Labor 14
x. Project Labor List 15
y. Contractor’s Equipment Rate List 15
z. Construction Observer and Documentation Specialist Oversight 15
aa. Notice to Proceed 16
bb. Mobilization 16
cc. Weekly Construction Meetings 16
dd. Safety 18
ee. Meeting Minutes 18
ff. Weekly Statement of Working Days 18
gg. Contractor’s Weekly Look-Ahead Schedule 19
hh. Conformity With and Deviations From Plans and Stakes 19
ii. Testing 20
jj. Permanent Monuments 20
kk. Correction Notices 20
ll. Environmental 21
mm. Work Suspension 21
nn. Photographs 22
oo. Diary 22
pp. Field Notebooks 22
qq. IDR’s 22
rr. Pay Notes 22
ss. As-Built Plans 23
tt. Requests for Information (RFI’s) 23
uu. Training 23
vv. Serial Letters 23
ww. Progress Payment Forms 24
xx. Force Account 24
yy. Progress Payments 24
zz. Materials on Hand 25
aaa. Field Directives 25
bbb. Change Orders 25
ccc. Protests 26
ddd. Notices 26
eee. City Public Works Department Notification 27
fff. Public Outreach 27
4. Controlling Order of Contract Documents 27
CM Construction Office 28
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit B
DBE Participation Plan
In the absence of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant
Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work.
Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
No DBE goal has been identified for this project.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I.Surveying, Roadway Design & Plans Preparation Section
A.Survey Data
B.Roadway Design Files
C.Computer Aided Drafting Files
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
D.Specify the Agency’s Right to Review Product with the Consultant
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit D
Prime Consultant Cost Computations
See attached Exhibit "D"
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit E
Sub-consultant Cost Computations
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.
1. Stepherson & Associates Communications
2. Terracon Consultants, Inc.
EXHIBIT E - TERRACON
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
Include Modal Operating Administration specific program requirements.]
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4.Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including, but not limited to:
a.withholding payments to the contractor under the contract until the contractor complies; and/or
b.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G
Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of
Exhibit G-2
Exhibit G-3
Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Certificate of Current Cost or Pricing DataExhibitG-4
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the duly authorized representative of the firm of
whose address is
and that neither the above firm nor I have
a)Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b)Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c)Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind
for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly
stated (if any);
I acknowledge that this certificate is to be furnished to the _________________________________________
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
City of Renton
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility
Matters - Primary Covered Transactions
I.The prospective primary participant certifies to the best of its knowledge and belief, that it and 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; an
D.Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II.Where the prospective primary participant is unable to certify to any of the statements in this
certification such prospective participant shall attach an explanation to this proposal.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to 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 require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than
100,000.00 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier sub-contracts, which exceed
100,000 and that all such sub-recipients shall certify and disclose accordingly.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit G-4 Certification of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of
the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either
actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer’s
representative in support of ______________________________________* are accurate, complete, and current
as of ______________________________________________**.
This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing
rate AGREEMENT’s between the offer or and the Government that are part of the proposal.
Firm: ___________________________________________________________________________
Signature Title
Date of Execution __________________________________________________________***:
Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
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
NOT USED
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the
resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some
material damage due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Local Programs Engineer should be
informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer
may appoint an agency staff person other than the project manager, who has not been as directly
involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include all decisions and descriptions
of work, photographs, records of labor, materials, and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced
from the consultant’s agreement with the agency for the services on the project in which the design
error took place. The agency is to provide LP, through the Region Local Programs Engineer, a
summary of the settlement for review and to make adjustments, if any, as to how the settlement
affects federal reimbursements. No further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Step 5 Forward Documents to Local Programs
For federally funded projects, all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt to
find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to
reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal
participation in the agreed upon resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or
by litigation.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s
claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the
consultant’s claim(s) that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
Summation of hours by classification for each firm that is included in the claim
Any correspondence that directed the consultant to perform the additional work;
Timeframe of the additional work that was outside of the project scope;
Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with 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.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
Copy of information supplied by the consultant regarding the claim;
Agency’s summation of hours by classification for each firm that should be included in the claim
Any correspondence that directed the consultant to perform the additional work;
Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associate
with the additional work;
Explanation regarding those areas in which the Agency does/does not agree with the consultant’s
claim(s);
Explanation to describe what has been instituted to preclude future consultant claim(s); and
Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or Commission
approval (as appropriate to agency dispute resolution procedures). If the project involves federal
participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement
of the claim. If the claim is not eligible for federal participation, payment will need to be from agency
funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and
rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit
CAG-22-164