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HomeMy WebLinkAboutContractLocal Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba’s): Address Federal Aid Number UBI Number Federal TIN or SSN Number Execution Date Completion Date 1099 Form Required Yes No Federal Participation Yes No Project Title Description of Work Yes No DBE Participation Yes No MBE Participation Yes No WBE Participation Yes No SBE Participation Total Amount Authorized: Management Reserve Fund: Maximum Amount Payable: Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Liability Insurance Increase Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreement Number: Page 1 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised CAG-25-051 3/5/2025 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) 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 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 necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work 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, 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 The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Page 2 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 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 www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits “D” and “E” and by this reference made part of this AGREEMENT. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the and direct non-salary costs. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary direct salary costs billed to the AGENCY. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT AGREEMENT, when accumulated with all other Actual Costs. “E”, attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime ICR schedule. It shall also be used for the computation of progress payments during the following year and sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall is received and an overhead rate for billing purposes is approved. rate, if they so desire. 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 economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) under this AGREEMENT.Agreement Number: Page 4 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not Section IX entitled “Termination of Agreement.” for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any “ Work.” 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, “Work.” No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have 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 Agreement Number: Page 5 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection 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 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. consultant cost estimate unless a prior written approval has been issued by the AGENCY. shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With 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 termination of this AGREEMENT or such other remedy as the recipient deems appropriate. The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona 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 Agreement Number: Page 6 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 et. seq.) • 49 CFR Part 21 • 49 CFR Part 26 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in 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 In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the the time of termination of this AGREEMENT. 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 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 Agreement Number: Page 7 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of 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. be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed clauses listed previously. 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) 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 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 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 binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging 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 appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Page 8 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 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 from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense 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. alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, 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 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 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. 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 any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Page 9 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 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 with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise Insurance Coverage aggregate for each policy period. limit for each occurrence. 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 waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. execution of this AGREEMENT to: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the liability to third parties be limited in any way. Agreement Number: Page 10 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise and shall modify this AGREEMENT accordingly. 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 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. submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Agreement Number: Page 11 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 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 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, submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. 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 security data, or information which may jeopardize any part of the project that relates to any of these types of information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, 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 be subject to inspection, review, or audit upon reasonable notice from the AGENCY. investigating may include, but is not limited to, salting databases. Agreement Number: Page 12 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such 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 The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure 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, XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” 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 the six (6) year retention period. For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Page 13 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup 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. The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date” box on page one (1) of this AGREEMENT. Signature Date Date Agreement Number: Page 14 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised Armondo Pavone, Mayor 3/5/2025 Attest___________________________________ Jason A. Seth, City Clerk Exhibit A Scope of Work Project No. Agreement Number: Exhibit A Page 1 of 1 Exhibit B DBE Participation Agreement Number: Exhibit B Page 1 of 1 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 include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files Agreement Number: Exhibit C Page 1 of 4 E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided Agreement Number: Exhibit C Page 2 of 4 II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data Exhibit C Page 3 of 4 A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format Exhibit C Page 4 of 4 Exhibit D Prime Consultant Cost Computations Agreement Number: Exhibit D Page 1 of 1 Exhibit E Sub-consultant Cost Computations the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT. Agreement Number: Exhibit E Page 1 of 1 Subconsultant: 1 Alliance Project: Sunset Trail Client: City of Renton Classification Hours Rate Amount Principal 2 $111.06 $222.12 Sr. Project Manager 12 $69.07 $828.84 Quality Manager 11 $67.22 $739.42 Project Surveyor 111 $65.24 $7,241.64 CADD 5 62 $42.83 $2,655.46 Tech 5 32 $48.89 $1,564.48 Tech 3 32 $40.00 $1,280.00 Tech 3 16 $39.35 $629.60 Direct Salary Cost $15,161.56 ICR (Overhead Cost) 133.24% $20,201.26 Fixed Fee 30.00% $4,548.47 Total Labor Costs 278 $39,911.29 Mileage $108.00 1.0 $108.00 Utility Locates $12,159.00 1.0 $12,159.00 Total Expenses $12,267 CONTRACT TOTAL $52,178 HOURLY COSTS REIMBURSABLES Exhibit E-1 Subconsultant Fee Determination Summary Subconsultant: Chudgar Engineering Company, Inc Project: Sunset Trail Client: City of Renton Classification Hours Rate Amount Lead Structural Engineer 108 $146.00 $15,768.00 Senior Structural Engineer 292 $70.03 $20,448.76 Project Manager 254 $56.06 $14,239.24 Structural Design Engineer 52 $40.87 $2,125.24 Structural Design Engineer 268 $40.87 $10,953.16 Design Technician 320 $36.06 $11,539.20 Direct Salary Cost $75,073.60 ICR (Overhead Cost) 162.16% $121,739.35 Fixed Fee 30.00% $22,522.08 Total Labor Costs 1294 $219,335.03 CONTRACT TOTAL $219,335 HOURLY COSTS Exhibit E-2 Subconsultant Fee Determination Summary Subconsultant: Commonstreet Consulting, LLC Project: Sunset Trail Client: City of Renton Classification Hours Rate Amount Principal 28 $121.00 $3,388.00 Sr Project Manager 90 $94.00 $8,460.00 Project Manager 30 $82.00 $2,460.00 Sr ROW Agent 190 $77.00 $14,630.00 ROW Agent 285 $47.00 $13,395.00 Sr Project Control Specialist 83 $64.00 $5,312.00 Project Control Specialist 40 $48.00 $1,920.00 Direct Salary Cost $49,565.00 ICR (Overhead Cost) 119.58% $59,269.83 Fixed Fee 30.00% $14,869.50 Total Labor Costs 746 $123,704.33 Appraisal $6,000.00 2.0 $12,000.00 Appraisal Review $1,500.00 2.0 $3,000.00 Appraisal Waivers $1,500.00 4.0 $6,000.00 Mileage $870.00 1.0 $870.00 Copies, Mailing, and Delivery $750.00 1.0 $750.00 Total Expenses $22,620 CONTRACT TOTAL $146,324 HOURLY COSTS REIMBURSABLES Exhibit E-3 Subconsultant Fee Determination Summary Subconsultant: Hough Beck & Baird Inc. Project: Sunset Trail Client: City of Renton Classification Hours Rate Amount Principal 12 $98.00 $1,176.00 Project Manager 62 $82.00 $5,084.00 Design Staff 90 $58.00 $5,220.00 Computer Tech 196 $40.00 $7,840.00 Direct Salary Cost $19,320.00 ICR (Overhead Cost) 116.62% $22,530.98 Fixed Fee 30.00% $5,796.00 Total Labor Costs 360 $47,646.98 Arborist $6,000.00 1.0 $6,000.00 Total Expenses $6,000 CONTRACT TOTAL $53,647 HOURLY COSTS REIMBURSABLES Exhibit E-4 Subconsultant Fee Determination Summary Subconsultant: HWA Geosciences Inc. Project: Sunset Trail Client: City of Renton Classification Hours Rate Amount Administrative Support 2 $38.00 $76.00 CAD 16 $36.00 $576.00 Contracts Administrator 6 $36.00 $216.00 Contracts Administrator 6 $53.00 $318.00 Geotechnical Engineer VIII 72 $96.00 $6,912.00 Geotechnical Engineer V 121 $63.00 $7,623.00 Geotechnical Engineer II 36 $43.00 $1,548.00 Geologist III 96 $44.00 $4,224.00 Geologist V 18 $54.00 $972.00 Direct Salary Cost $22,465.00 ICR (Overhead Cost) 187.24% $42,063.47 Fixed Fee 30.00% $6,739.50 Total Labor Costs 373 $71,267.97 Mileage $290.00 1.0 $290.00 Geotechnical Lab Testing $6,500.00 1.0 $6,500.00 Phase 1 Concrete Coring Subcontract $1,000.00 1.0 $1,000.00 Phase 1 Drilling Subcontractor (Assum $14,000.00 1.0 $14,000.00 Phase 1 Traffic Control Rental and set $4,400.00 1.0 $4,400.00 Phase 2 Drilling Subcontractor (Assum $7,000.00 1.0 $7,000.00 Phase 2 Traffic Control Rental and set $2,200.00 1.0 $2,200.00 Phase 3 Geophysical Equipment Rent $1,000.00 0.0 $1,000.00 Groundwater Transducer Rental $1,200.00 0.0 $1,200.00 GPS Unit Rental ($75 Per Day) $150.00 0.0 $150.00 Water Level Rental ($30 Per Day) $150.00 0.0 $150.00 Private Utility Locator $750.00 1.0 $750.00 Total Expenses $38,640 CONTRACT TOTAL $109,908 HOURLY COSTS REIMBURSABLES Exhibit E-5 Subconsultant Fee Determination Summary Agreement Number ____________ Revised 2//20 1 Exhibit F Title VI Assurances Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 2//20 1 Exhibit F Title VI Assurances Exhibit G Exhibit G-1(a) Exhibit G-1(b) Exhibit G-2 Primary Covered Transactions Exhibit G-4 Agreement Number: Exhibit whose address is a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, 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 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); 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) Date Agreement Number: Exhibit I hereby certify that I am the: Other of the , and with obtaining or carrying out this AGREEMENT to: of any kind; except as hereby expressly stated (if any): and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: Exhibit Responsibility Matters - Primary Covered Transactions A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 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, 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) transactions (Federal, State and local) terminated for cause or default. such prospective participant shall attach an explanation to this proposal. Consultant (Firm Name) Date Agreement Number: Exhibit for Lobbying 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 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, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for 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. for each such failure. and that all such sub-recipients shall certify and disclose accordingly. Consultant (Firm Name) Date Agreement Number: Exhibit representative in support of * are accurate, complete, and current as of **. Firm: Signature Title Date of Execution***: * **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: Exhibit Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased 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: 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 those funds. 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 . • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. Agreement Number: Exhibit H Page 1 of 1 Exhibit I Alleged Consultant Design Error Procedures 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. 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.) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the 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. 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 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 • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal Agreement Number: Exhibit I Page 1 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt 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 of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: Exhibit I Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the 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 backup documentation to the consultant to either supplement the agreement, or create a new agreement the agreement is subject to audit. No further action in needed regarding the claim procedures. Agreement Number: Exhibit J Page 1 of 2 for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Any correspondence that directed the consultant to perform the additional work; with the additional work; claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. 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 is not eligible for federal participation, payment will need to be from agency funds. and rationale utilized for the decision. The agency shall write the supplement and/or new agreement and pay the consultant the amount Agreement Number: Exhibit J Page 2 of 2