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HomeMy WebLinkAboutContract CAG-02-103 Con sultanUAddress/Telephon e Standard Consultant Rao Associates , Inc . Agreement Rishi Rao 5100 North 55th Street Agreement Number S e a t t 1 e , W A 9 810 5 Federal Aid Number Project Title And Work Description Ag�eement Type (Choose one) O n-C a 11 M o d e 1 i n g S e r v i c e s ❑Lump Sum Lump Sum Amount $ ❑Cost Plus Fixed Fee Ovefiead Progress Payment Rate % DBE Participation Overtiead Cost Method ❑Yes ❑No % ❑Actual Cost WBE Participation ❑Actual Cost Not To Exceed o�a ❑Yes ❑No % Federai 10 Number or Social Security Number ❑Fixed Rate °/, � 91-1588925 Fixed Fee $ Do you require a 1099 for IRS� Completion Date- ❑Yes �No �Specific Rates Of Pay �Negotiated Hou�ly Rate Total Amount Aufhorized�$ 12 ,0 0 0 ❑P�ovisional Hou�iy Rate Management Reserve Fund $ ❑Cost Per Unit of Work ' Maximum Amount Payable $ THIS AGREEMENT, made and entered into this a� 5 t day of ' , ��, betwee� the Locai Agency of Renton , Washing , hereinafter called the "AGENCY' , and the above organization hereinafter calied the 'CONSULTANT'. WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY 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 for the PROJECT; a�d WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to fumish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: DOT Form 140-089 EF Page 1 Of8 Revised 6/99 . ' � CAG-02-103 All reports, PS&E m: �als, and other data, fumished GENERAL DESCRIPTION Q. 'Q� � to the CONSULTAN�y the AGENCY shall be returned. All designs, drawings, specifications, The work under this AGREEMENT shall co�sist of documents, and other work products prepared by the �-- the above described work and services as herein CONSULTANT prior to completion or termination of defined and necessary to accomplish the completed this AGREEMENT are instruments of service for this work for this PROJECT. The CONSULTANT shall PROJECT and are property of the AGENCY. Reuse fumish all services, labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT. service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the (� CONSULTANT. scoPE oF wo�c iv The Scope of Work and project level of effort for this 11ME FOR BEGINNING AND COMPLETION project is detailed in Exhibit"B" attached hereto, and by this reference made a part of this AGREEMENT. The CONSULTANT shall�ot begin any worfc under the terms of this AGREEMENT until authorized i� III writing by the AGENCY. All wo�ic under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the worlc of this completion date. AGREEMEM', with outside agencies, groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY. Necessary contacts and meetings with because of any delays attributable to the CONSULT- agencies, groups or individuals shall be coordinated ANT, but may be extended by the AGENCY, in the through.the AGENCY. event of a delay attributable to the AGENCY,.or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination, . GOD or govemme�tal actions or othe� conditions progress and presentation meetings with the beyond tfie control of the CONSULTANT. A prior AGENCY or such Federal, Community, State, City supplemental agreement issued by the AGENCY is or County officials, groups or individuals as may be required to extend the established completio� time. requested by the AGENCY. The AGENCY wi�l provide the CONSULTANT sufficient notice prior V to meetings requiring CONSULTANT participation. PAYMENT The minimum number of hours or days notice — required shall be agreed to between the AGENCY The CONSULTANT shall be paid by the AGENCY and the CONSULTANT and shown in Exhibit "B" for completed work and services rendered under this attached hereto and made part of this AGREEMENT. AGREEMENT as provided in Exhibit"C" attached The CONSULTANT shall prepare a monthly hereto, and by this reference made part of this progress report, in a form approved by the AGENCY, AGREEMENT. Such payment shall be full compen- that will ouUine in written and graphical form the sation for work performed or services rendered and various phases and the order of performance of the for all labor, materials, supplies, equipment, and work i� sufficient detail so that the progress of the �ncidentals necessary to complete the work work can easily be evaluated. Goals for Disadvan- specified in Section II, "Scope of Work". The taged Business Enterprises (DBE) and Women CONSULTANT shall conform with all applicable Owned Business Enterprises (WBE) if required shall Portions of 48 CFR 31. be shown in the heading of this AGREEMENT. Page 2 of 8 V) CAG-02-10� empfoyees of the CON '_TANT onty an not of the SUBCONTRACTING s�rr AGENCY, a�d a�y and� daims that may or might The AGENCY permits subcontracts fo� those items arise under any Woricmen's compensation Act on of woric as shown i� Exhibit G to this Ag�eement. behalf of said employees or othe�persons while so engaged, and any and all daims made by a third party Compensabon for this suboonsultant work shall be as a consequence of a�y act or omission on the part of based on the cost fadors shown on Exhibit G, at- tached hereto and by this reference made a part of this �e CONSULTANT's employees or other persons while so engaged on a�y of the work or services AGREEMENT. provided to be rendered herein, shall be the sole The work of the suboonsultant shall not exceed its obligation and �esponsibility of the CONSULTANT. maximum amount payable unless a prior written The CONSU�TANT shall not engage, on a full or approval has been issued by the AGENCY. part time basis, or other basis, during the period of the All reimbursabfe direct labor, ovefiead, direct non- co�tract, any professional or technical personnel who salary c�sts and fixed fee oosts for the subconsultant are, or have been, at any Ume during the period of the shall be substantiated in the same man�er as outlined ���, in the employ of the United States Depart- in Section V./W subco�trads exceeding $10.000 in ment of Transportation.the STATE,or the oost shail contain all applicable provisions of this AGENCY, exoept regularly r+etired employees, AGREEMENT. without written consent of the public empbyer of The CONSULTANT shall not suboontract for the such person. performanoe of any work under fhis AGREEMENT �/��� without prior written permission of the AGENCY. No NONDISCR1MiNAT10N pennission fw subc�ntracting shall cx�eate, between the AGENCY and subcontracto�, any contract or any The CONSULTANT agrees not to discriminate other relationship. against any client, employee or applicant for employ- ment or for services because of race, cxeed, color, VII national origin, marital status, sex, age or ha�dicap EMPLOYMENT except for a bona fide ocxupational qual'fication with ` regard to, but not limited to the following:employ- The CONSULTAN7'warrants that he/she has �ot ment upgrading. demotion or transfer. �eauitment o� employed or�tained any company or person, othe� any recruitment advertising, a layoff or termi�ations, than a bona fide employee working solely for the rates of pay or other forms of compensation, selection CONSULTANT, to solicit or secure this contract, and for training, rendition of services. The CONSULT- that it has not paid or agreed to pay any compa�y or ANT understands and agrees that if it violates this person,ott�er than a bona flde employee wo�lcing solely for the CONSULTANT, any fee, commission, Provision. this AGREEMENT may be tertninated by the AGENCY a�d further that•the CONSULTANT percentage, brokerage fee, gift, or any othe�oonsider- shall be baRed from perfotming any services for the ation, contingent upo� or resulting from the awa�d or AGENCY now or in the future unless a showing is making of this contract. For breach o�violation of this made satisfactory to the AGENCY that discrimina- warcant,the AGENCY shall have the right to annul tory practices have terminated a�d that �ecurrence of this AGREEMENT without liability,or i� its discre- such action is unlikely. tion, to deduct from the AGREEMENT price or consideratio� or otherwise recover the full amount of Ouring the pertormance of this AGREEMENT, the such fee, commission, percentage, b�okerage fee, gift, CONSULTANT, for itself, its assignees and or oontingent fee. sucxessors in interest ag�ees as follows: My and all employees of the CONSULTANT or A. COMPLIANCE WITH REGULATIONS: The other persons while engaged in the performance of CONSULTANT shall comply with the Regula- any work or services required of the CONSULTANT tions relative to �ondiscximination in the same under this AGREEMENT, shall be considered manner as in Federal-assisted programs of the Page 3 of a CAG-02-103 �epartment of Transportation, Tit' 49, Code of sive possession ��iother who fails or �efuses to Federal Regulations, Part 21, as�y may be fumish this infonnatio� the CONSULTANT shall amended f�om time to time, (hereinafter refe�red so certify to the AGENCY, or the United States to as the Regulations), which are herei� incorpo- Department of Transportation as app�opriate, and �� rated by reference and made a part of this shall set forth what efforts it has made to obtain � AGREEMENT. The consultant shall comply the information. witfi the American Disabilities Act of 1992, as amended. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANTs noncompliance B. NONDISCRIMINATION: The CONSULTANT, with the nondiscrimination provisions of this witfi regard to the worlc perfonned by it during the AGREEMENT, the AGENCY shall impose AGREEMENT, shall not discriminate on the such sanctions as it or the Federal Highway grounds of race, c�eed, color, sex, age, marital Administration may determine to be appropriate, status, national origin or handicap except for a induding, but not limited to: bona fide occupational qualfication in the selec- tion and rete�tion of suboonsultants, induding �• W�holding of payments to the CONSULT- p+na�remerrts of materials and leases of equip- �T under the AGREEMENT until the ment The CONSULTANT shall not partiapate CONSULTANT oomplies, and/or either directly or indirecdy in the discximination 2. Cancellation, termination or suspension of the prohibited by Section 21.5 of the Regulations, AGREEMENT, in whole or in part. indudi�g employment practices when the contract covers a program set forth in Appendix II of the F. INCORPORATION OF PROVISIONS: The Regulations. CONSULTANT shall indude the provisions of paragraphs (A) through (G) in every subcontract, C.SOUCITATIONS FOR SUBCONSULTANTS, i�cluding procurements of materials and leases of INCLUDING PROCUREMENTS OF MATERI- equipment, unless exempt by the Regulations or ALS AND EQUIPMENT: In all solicitations directives issued pursuant thereto. The CON- either by competitive bidding o�negotiation made SULTANT shall take such action with respect to by the CONSULTANT for woric to be performed ` any subconsultant or procurement as the under a suboontract, induding procuremerrts of AGENCY or the Federal Highway Administra- materials or leases of equipment, each potential tion may di�ect as a means of enforcing such subconsultant or supplier shall be notified by the provisions induding sanctions for nonoompli- CONSULTANT of the CONSULTANT's ance; provided, however,that, in the event a obligations under this AGREEMENT a�d the CONSULTANT becomes involved in, or is Regulations relative to nondiscrimination on the threatened with, litigation with a subconsultant or grou�ds of race, cxeed, oolor, sex, age, marital supplier as a �esult of suCh direction, the CON- status, national origin and handiqp. ULTANT may request the AGENCY to enter D. INFORMATION AND REPORTS: The into such litigation to protect the interests of the CONSULTANT shall provide all information AGENCY, and in addition, the CONSULTANT and reports required by the Regulations, or may �equest the United States to enter into such directives issued pursuant thereto, and shall litigation to protect the interests of the United permit access to its books, records, acxounts, States. other sources of infortnation, and its facilities as G. UNFAIR EMPLOYMENT PRACTICES: The may be detennined by the AGENCY to be CONSULTANT shall comply with RCW perti�ent to ascertain compliance with such 49.60.180 and Executive Order number E.O. Regulations or directives. Where any i�formation 77-13 of the Govemor of the State of Washington required of the CONSUITANT is in the exGu- which prohibits unfair employment practices. �aa8 CAG-02-103 � �r In the event of the de�of any member, partner or TERMINAIION OF AGREEMENT office�of the CONSULTANT or any of its supervi- The right is reserved by the AGENCY to te�minate sory personnel assigned to the project, or, dissolution this AGREEMENT at any time upon ten days written of the partnership, termination of the corporation, or notice to the CONSULTANT. disaffiliation of the principally involved employee, the sunriving members of the CONSULTANT hereby In the event this AGREEMENT is teRninated by the agree to complete the worlc under the terms of this AGENCY other than for default on the part of the AGREEMENT, if requested to do so by the CONSULTANT, a final payment shall be made to the AGENCY. The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of renegotiation of the AGREEMENT between the AGREEMENT used. surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. No payment shall be made for any woiic completed afte�ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to terminate. If the accumulated the p�evious paragraph, should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT, with the AGENCY's concur- of Tennination exceeds the total amou�t that would rence, desire to tenninate this AGREEMENT, be due computed as set forth herein above, then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section. shall immediately reimburse the AGENCY for any excess paid. Payment for any part of the work by tfie AGENCY shall not constitute a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON= by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT, the above fortnula for payment shalf not the CONSULTANT, or for failure of the CONSU�T- appty. In such an event, tfie amount to be paid shall be ANT to perform worfc required of it by the deteRnined by the AGENCY with consideration AGENCY. Forbearance of any �ghts under the given to the adual costs incuRed by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in perfaming the wortc to the date of inent to exeroise those rights with respect to any tennination,the amount of work originally required futu�e act or omission by the CONSULTANT. which was satisfactorily completed to date of termina- � tion,whether that work is in a form or a type which is X CHANGES OF WORK usable to the AGENCY at the time of tennination; _ - . the c�st to the AGENCY of employing another firm The CONSULTANT shall make such changes and ' to complete tf�e work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so, and other factors which as necessary to coRect eRors appearing therein, when affect the value to the AGENCY of the worfc per- required to do so by the AGENCY, without additional formed at the time of termination. Under no compensation thereof. Should the AGENCY find it circumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been made satisfactorily c;ompleted work or parts thereof using the formula set forth in the previous paragraph. changed or r�evised, the CONSULTANT shall make If it is determined for any reason that the CONSULT- such revisions as directed by the AGENCY_ This ANT was not in default or that tfie CONSULTANTs `�'�ork shall be considered as Extra Wor{c and will be failure to perform is without it or it's employee's fault paid for as herein provided under Section XIV. o�negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in acco�dance with tfie provision of this AGREEMENT. P�age 5 d 8 CAG-02-103 X� that nothing herein �I require a CONSULTANT to DiSPUTES � indemnify the AGENCY and the STATE against and Any dispute conceming questions of fact in connec- hold harmless the AGENCY and the STATE from tion with the work not disposed of by AGREEMENT claims, demands or suits based solely upon the between the CONSULTANT and the AGENCY shall �nduct of the AGENCY and the STATE, their be referred for determination to the Director of Public agents, office�s and employees and provided further Works or AGENCY Engineer, whose decision in the that if the Gaims or suits a�e caused by or result from matter shall be final and binding on the parties of this the concurrent negligence of(a) the AGREEMENT, provided however, that if an action is CONSULTANT's agents or employees and (b) the brought challenging the Director of Public Worlcs or AGENCY and the STATE, their agents, officers and AGENCY Engineer's decision, that decision shall be employees, this indemnity provision with respect to subject to de novo judicial review. (�) Gaims or suits based upon such negligence, (2)the costs to the AGENCY and the STATE of defending XII such claims and suits, etc, shall be valid and enforce- VENUE,APPLICABLE LAW qNp able only to the extent of the CONSULTANTs PERSONAL JURISDIC110N negligence or the negligence of the CONSULTANT's In the event that either party deems it necessary to agents w employees. institute legal action o�proceedings to enforce any The CONSULTANTs relation to the AGENCY shall right o�obligation under this AGREEMENT, the be at all times as an independent contractor. parties hereto agree that any such action shall be initiated in the Superior court of the State of Washing- The CONSULTANT specifically assumes potential ton, situated in the county the AGENCY is located in. ��ability for actions brought by the CONSULTANT's own employees against the AGENCY and, solely for The parties hereto agree that all questions shall be the purpose of this indemnification and defense, the resolved by application of Washington law and that the parties to such action shall have the right of appeat CONSULTANT spec�cally waives any immunity under the state indusfial insurance law, Title 51 from such decisions of the Superior court in accor- dance with the iaws of the State of Washington. The , RCW. The CONSULTANT �ecognizes that this waiver was specfically entered into pursuant to the CONSULTANT hereby consents to the personal provisions of RCW 4.24.115 and was the subject of jurisdiction of the Superior court of the State of mutual negotiation. Washington, situated in the county in which the AGENCY is located in. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of X��� construction contracts, if any, on the project. Subject LEGAL RELATIONS AND INSURANCE . to the processing of an acceptable, supplemental The CONSULTANT shall comply with all Federal, agreement, the CONSULTANT shall provide on-call State, and local laws and ordinances applicable to the assistance to the AGENCY during contract adminis- work to be done under this AGREEMENT.This tration. By providing such assistance, the AGREEMENT sha�l be i�terpreted and construed in CONSULTANT shall assume no responsibility for: accord with the laws of Washington. proper construction techniques, job site safety, or any construction contractor's failure to perForm its work The CONSULTANT shall indemnify and hold the in acco�dance with the contract documents. AGENCY and the STATE, and their officers and employees harmless from and shall process and The CONSULTANT shall obtain and keep in force defend at its own expense all claims, demands, or during the terms of the AGREEMENT, or as other- suits at law or equity arising in whole or in part from wise required, the following insurance with the CONSULTANTs negligence or breach of any of �mpanies or through sources approved by the State its obligations under tfiis AGREEMENT; provided Insurance Commissio�er pursuant to RCW 48_ Page 6 of 8 C^�-02-103 � �`�""'XIV Insurance Coverage DCTRA WORK A. Worker's compe�sation and employer's liability A. The AGENCY may at any time, by written order, insurance as required by the STATE. make changes within the general scope of the AGREEMENT in the services to be pertormed. B. Gene�al commercial liability insurance in an amount not less than a single limit of one million B• �f a�y such change causes an increase or decrease and 00/100 Dollars ($1,000,000.00)for bodily in the estimated cost of, or the time required for, injury, induding death and property damage performance of any part of tfie wortc under this per occurrence. AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and Excepting the Worker's Compensation insurance and conditions of the AGREEMENT, the AGENCY any professional liability insurance secured by the shall make an equitable adjustment in the CONSULTANT.the AGENCY will be named on all (1) maximum amount payable; (2)delivery or certificates of insurance as an additional insured. The �mpletion schedule, or both; and (3)other CONSULTANT shalt tumish the AGENCY with affected tertns and shall modify the AGREE- verfication of insurance and endorsements required MENT accordingly. by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all C.The CONSU�TANT must submit its "request required insurance poliaes at any time. for equitable adjustmenY (hereafter refeRed to as daim) unde�this dause witfiin 30 days from All insurance shall be obtained from an insurance the date of receipt of the written orde�. However, company authorized to do business i� the State of if the AGENCY decides that the facts justify it, Washington. The CONSULTANT shall submit a the AGENCY may receive and act upon a claim verification of insurance as outlined above within submitted before final payment of the 14 days of the execution of this AGREEMENT to AGREEMENT. the AGENCY. D. Failure to agree to a�y adjustment shall be a No pncellatio� of the foregoing policies shall be dispute under the Disputes dause. However effective without thirty(30)days prior notice to nothing in this dause shall excuse the CON- the AGENCY. SULTANT from proceeding with the The CONSULTANTs professional liability to the AGREEMENT as changed. AGENCY shall be timited to the amount payable E. Notwithstanding the terms and condition of under this AGREEMENT or one million dollars, paragraphs (a)and (b)above, the maximum whichever is tfie greater unless modified by amount payable for this AGREEMENT, shall Exhibit H. In no case shall the CONSULTANTs not be increased or considered to be increased professional liability to thi�d parties be limited i� except by specific written supplement to this any way. AGREEMENT. The AGENCY will pay no progress payments XV under Section V until the CONSU�TANT has fully ENDORSEMENT OF PLANS complied with this section. This remedy is not exclu- sive; and the AGENCY and the STATE may take The CONSULTANT shall place his endorsement on such other action as is available to them under other all plans, estimates or any other engineering data provisions of this AGREEMENT, or othenaise in law. fumished by him. Page 7 of 8 XVI XVIII CAG-02-103 FEDERAL AND STATE R�''1EW COMPI�AGREEMENT � The Federal Highway Administration and the This document and referenced attachments contains Washington State Department of Transportation all covenants, stipulations and provisions agreed upon shall have the right to participate in the review or by the parties. No agent, or representative of either examination of the woric in progress. party has authority to make, and the parties shall not be bound by or be liable for, any statement, represen- ��� tation, promise or agreement not set forth herein. No CERTIFICATION OF THE CONSULTANT AND TNE AGENCY changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and �Attaci-ied-beretess�xhifiit=RY}",a�� signed by the pa�ties as a� amendment to this �e�#i#'ic,atiens-o€{{�{�,��{8��d.����, AGREEMENT. Exfiitjit'A-�"—EettificationYegarding-debarmerrt suspensiaa aRc�-et�ier-r � ��`����—�'�i8�' EXECU110N AND ACCEPTANCE eove�trartsaetions,-6chibit-`7�1�EEItIflCdtfOfl ���Ag'�{�°�s'o€�e t�9e-ef federal�Funds This AGREEMENT may be simultaneously executed f°Fle�byx�;an�{�#��������£.�R�. in several counterparts, each of which shall be ��e��Q��-���������"�� deemed to be an original having identipl legal effect �Y`-rQ��+�-�gFee►�eRts eveF$}pp-0g� The CONSULTANT dces hereby ratify and adopt all statements, representations, waman6es, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULT- ANT, and does hereby accept the AGREEMENT and agrees to all of the teRns and conditions thereof. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. ����C Vl� By By �L Consultant ��j �pG�.�� ljU C • Agency , �� � �� � �8�rs �AG-02-103 � � Scope of Work NE 3rd-4��' Corridor Study- Traffic Modeling 'The following describes the scope of work for developing existing(1998)and future year(2020)PM peak hour traffic forecasts for the NE 3`d-4`}'Corridor Study: Task L• Traffic Analysis Zone(TAZ)Splits and Network Refinements . Split existing Renton TAZs in the study area as provided by the City and add Hoquiam Avenue from SR- 900(Sunset)to NE 4�'Street. Task 2: Develop 1998 and 2020 PM Peak Hour Trip Tables Run the EMME/2 model with new split TAZs and develop new 1998 and 2020 PM peak hour trip tables. Task 3: Develop 1998 and 2020 PM Peak Hour Traffic Forecasts Model the 1998 and 2020 trip tab(es to develop 1998 and 2020 PM peak hour tra�c forecasts for the study area. Task 4: Develop 2020 Enhanced Highlands Arterial Network and Develop 2020 PM Peak Hour Traffic Forecasts Code the enhanced arterial network(as provided by the City)and develop 2020 PM peak hour traffic forecasts for the study area. Task 5: Develop 2020 Trip Tables and Traffic Forecasts for 2 Land Use Scenarios Using the 2 land use scenarios provided by the City,develop 2020 trip tables and 2020 PM peak hour traffic forecasts for the study area. Task 6: Develop Post-processed Turning Movement Forecasts Develop 2020 PM peak hour turning movement forecasts for 11 study area intersections. Task 7: Perform Select Link Assignments Conduct 1998 and 2020 select link assignments for roadway segments identified by City. CAG-02-103 • � Exhibit C-3 � � � Payment (Negotiated Hourly Rate) The CONSULTANT shail be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,equipment,and incidentals necessary to complete the work. Z']1e CONSULTANT shall conform with all applicable portions of 48 CFR 31. 1. Hourty Rates The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in ExhibitsD and E attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first 12-month period and shall be subject to negotiation for the following 12-month period upon request of the CONSLJLTANT or the AGENCY. If negotiations are not conducted for the second or subsequent 12-month periods within 90 days after completion of the previous period,the rates listed in this AGREEMEN'I'or subsequent written authorization(s)from the AGENCY shal!be utilized for the life of the AGREEMEN'I'. The rates are inclusive of direct salaries,payroll additives,overhead,and fee. In the event renegotiation of the hourly rates is conducted,the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSLJLTANT subsequent to the renegotiation accordingly. Any changes in the CONSULTANT'S fixed hoarly rates may include salary or overhead adjustments. 2. Direct Nonsalaty Costs Direct nonsalary 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 chaxges,and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed as the cuaent rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and designation of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost,directly identifiable with the PROJECT,shall be an itemized listing of the charges supported by the original bills, invoices,expense accounts,and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above chazges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the lesser of$50,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this agreement_ This fund may be replenished in a subsequent supplementa! agreement. Any changes requiring additional costs in excess of the"Management Reserve Fund"shall be made in accordance with Section XIV, "Extra Work." CAG-02-103 . . . . ;�,,� "wrr+" 4. Maximum Amount Payablc The maximum amount payable for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The maximum amount payable ii�cludes t}�e Management Reserve Fund, but does not include payment for extra work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D and E, including names and classifications of all employees,and invoices for all direct nonsalary expenses. To provide a means of verifying the invoiced salary costs for the consultant's empioyees, 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 project at the time of the interview. 6. Inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY,STATE,and the United States, for a period of three years after final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with following exception: if any litigation,claim,or audit is started before the three-yeaz period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. The three-year retention period begins when the CONSiJLTANT receives final payment. 7. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps, notes, reports,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 ninety(90)days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT or any claims relating to the validiiy of a finding by the AGENCY of overpayment. > � ;� ' . . Exhibit D-2 Rao Associates, Inc. Consultant Fee Determination - Summary Sheet (Specific Rates of Pay) _ Fee Schedule for Regular Employee.s dob Title Hourly Overhead Profit Rate � Rate 145% 25% � Per Hour Princi al En eer $43.50 $63.08 $10.87 $117.45 Fee Schedule for Contract Employee.s Job�tle Hourly Overhead Profit Rate Rate 105"/0 25% Per Hour Contract Plannes $40.00 $42.00 $10.00 $92.00 Co�rtract En ' eer $30.00 $31.50 $ 7.50 $69.40 CAG-02-103 . . . . ;� ,� Exhibit - E Rao Associates, Inc. � Breakdown of Overhead Cost Frin e Benefit - FICA 11.00% U 1 t 1.70% w�� � 0.55% MedicaVDe�al Insurance 10.75°/a V Holida and Sick Leave 16.00% Total Frin Beaefits 40.00°/a General Overhead State B&O Taxes+Licenses 7.95% B���ce 1.35% ���ti� 26.00'�0 le Time 22.40% P ' ' Stati and Su lies 12.20% Pt+of�ssional Se1-vices 1.00% Travel 4.00% T � 3.80% Foes Dues Ptof�.ssional Dev�el tneut 2.60% �t 17.00% � ment RentaUSu rt � 3.70% ��� 3.00% Total General Overhead 105.00% Total Frin e Benefits+�neral Overhead 145.00°/a `'�' Exhibit F � � Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project In addition,the CONSLTLTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours chazged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT.