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HomeMy WebLinkAboutContract CAG-19-288 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): KPG, P.S. Address Federal Aid Number 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 UBI Number Federal TIN or SSN Number 601-248-468 91-1477622 Execution Date Completion Date December31, 2020 1099 Form Required Federal Participation ❑ Yes g No ■❑ Yes ❑ No Project Title Downtown Core Streetscape Engineering Services Description of Work The Project will consist of three main tasks including: - Development of a Phased Capital Improvement Plan List - Development of City Standard Details for six wayfinding elements and a systems map with locations and destinations -Complete a bid package for installation of wayfinding elements and the construction of Wells Avenue S from S 2nd Street to S 3rd Street. For the purpose of this agreement, the City's contact person designated in Section III will serve as the"Director of Public Works"or"AGENCY Engineer". ❑ Yes Q No DBE Participation Maximum Amount Payable: $294,216 ❑ Yes _ ■❑ No MBE Participation $229,892 (Labor) ❑ Yes ■❑ No WBE Participation $10,000 (Management Reserve) ❑ Yes ■❑ No SBE Participation $54,324 (Reimbursable Expenses) Index of Exhibits Exhs A; A-1 Scope of Work; King County Contracting Requirements Exhibit B DBE Participation/SBE Plan Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Con3ultant Claim Proccdurcs Exhibit J is attached but is not made part of this agreement. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 1 of 34 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Renton 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.Exhibit A-1 sets forth requirements relating to an AGENCY contract with King County. 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 02/28/2018 Page 2 of 34 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 absence of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit 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. Non-minority,woman owned DBEs does not count towards UDBE goal attainment. 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: David Buchheit Name: Olivia Paraschiv Agency: City of Renton Agency: KPG, P.S. Address: City Hall -5th Floor, 1055 S Grady Way Address: 3131 Elliott Ave., Suite 400 City: Renton City: Seattle State: WA Zip: 98057 State: WA Zip: 98121 Email: DBuchheit@Rentonwa.gov Email: olivia@kpg.com Phone: 425-430-7270 Phone: 253-627-0720 Facsimile: 425-430-7376 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. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 3 of 34 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 Fixed 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 fixed 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 fixed 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 fixed fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fixed fee. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 4 of 34 B. 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 car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with 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. C. 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. D. 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. E. 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 F. 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 02/28/2018 Page 5 of 34 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 fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's 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. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 6 of 34 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 • Civil Rights Restoration Act of 1987 (Public Law (42 U.S.C. Chapter 21 Subchapter V § 100-259) 2000d through 2000d-4a) • American with Disabilities Act of 1990 (42 • Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 126 § 12101 et. seq.) U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § • 49 CFR Part 26 794) • RCW 49.60.180 • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. 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 02/28/2018 Page 7 of 34 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 - 4c oa/1-2.AC) Any disputed issue not resolved pursuant to the to s of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AG.. CY 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 En_ eer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutuall agree, disputes concerning alleged design errors will be conducted under the procedures found in " 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 02/28/2018 Page 8 of 34 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 02/28/2018 Page 9 of 34 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: David Buchheit Agency: City of Renton Address: City Hall-5th Floor, 1055 S Grady Way City: Renton State: WA Zip: 98057 Email: dbuchheit@rentonwa.gov Phone: 425-430-7270 Facsimile: 425-430-7376 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. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 10 of 34 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 02/28/2018 Page 11 of 34 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 02/28/2018 Page 12 of 34 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 (`BSI"), 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 02/28/2018 Page 13 of 34 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. ;97//////57//414, Signatu Date / � ' „ /A, Signature Date Denis Law, Mayor, City of Renton Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. •• 3s a3iv4r�, Attest c� .N§ ,,,,,,dd'va •- !O �� Jaso , City er s * rI Vr 3 Ap roved as to Legal Form Ala � A0���\`\\ By;ArA 2Q �! Shane Moloney Renton City Attorney Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 14 of34 Exhibit A Scope of Work Project No. KPG#19052 See Exhibit A, attached. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 15 of 34 EXHIBIT A CITY OF RENTON DOWNTOWN CORE STREETSCAPE ENGINEERING SERVICES CAG 19- SCOPE OF WORK SEPTEMBER 4, 2019 A. PROJECT BACKGROUND/DESCRIPTION The City of Renton ("City") obtained a U.S. Department of Housing and Urban Development (HUD) grant for the Downtown Core Streetscape Engineering Services ("Project"). The Project will consist of three main tasks: • First,to develop a Phased Capital Improvement Plan List (Work Element 2) • Second, to develop City Standard Details for six wayfinding elements and prepare a systems map with locations and destinations in collaboration with the City (Work Element 3) • Third, to complete a Bid Package for installation of wayfinding elements developed in WE 3 and the construction of Wells Avenue S from S 2nd Street to S 3rd Street (Work Element 4) Primary components of the Bid Package will include: • New and/or modified sidewalks. • Street furniture which may include bike racks, bollards, newspaper racks, benches, alternative seating, streetscape/planter fencing, receptacles (trash, ash, recycle). • Signage and identity elements which may include, gateway signs, banners, wayfinding including advance directional signage, downtown gateway monuments, vehicular directional signage, pedestrian directory kiosk(s), interpretive panels, and pedestrian directional signs. • Plant types, street trees (tree pit, tree grate), planting areas and irrigation. • Pedestrian & roadway lighting. • 5G network pole design assistance and integration. City of Renton Downtown Core Streetscape Engineering Services September 4,2019 KPG Project Number: 19052 Page 1 of 8 B. ASSUMPTIONS The following assumptions were identified to provide direction with design: o The guiding document for design will be the City of Renton Downtown Streetscape Design Standards. Additionally, some streetscape elements will be gleaned from the Renton Downtown Civic Core Vision and Action Plan, such as the wayfinding system. o The project limits for the Implementation Plan will be as outlined on Figure 1.1 of the Renton Downtown Civic Core Vision and Action Plan (January 2018). o The project is funded through the King County Consortium and City of Renton Community Development Block Grant Programs with funds obtained from HUD. o There is no Design DBE Goal established for this project. o Plans will be developed with AutoCAD 2017 Civil 3D using KPG drafting standards. o Stormwater analysis or reporting will not be required for this project. o The project does not include any water or sewer improvements. Minor stormwater system modifications may be included, as needed, only where existing curb, gutter, sidewalks, and roof drains are disturbed. o Conduit for lighting and potentially 5G infrastructure may also be included. o This project does not include any traffic signal improvements. o KPG will coordinate with all other downtown projects underway. o No right-of-way acquisitions or new easements are anticipated, and right-of-way services are not part of this contract. C. KPG DELIVERABLES Deliverables prepared by the Consultant are identified at the end of each Work Element (WE). D. CITY OF RENTON PROVIDED ITEMS: The City of Renton will be responsible for the following: o Submittal reviews, comments, and approvals (1 to 2 sets of comments per submittal) o Public notices, property owner mailings, postage, and hosting a project website o Meeting room arrangements o Open House room arrangements o Right-of-entries for surveying, geotechnical review, and/or construction, if required E. SCOPE OF WORK WORK ELEMENT 1-MANAGEMENT/COORDINATION/ADMINISTRATION The Estimated project duration is 12 months. City of Renton Downtown Core Streetscape Engineering Services September 4,2019 KPG Project Number: 19052 Page 2 of 8 1.1 The Consultant will provide continuous project management for the duration of the project (estimate 12 months). The Consultant will prepare monthly progress reports identifying work completed in the previous month, work in progress, upcoming work elements, and reporting of any delays, problems, or additional information needs. These reports will be submitted with the Consultant invoices. 1.2 Prepare for and attend monthly design coordination meetings with City Staff and other project stakeholders (estimate 12 meetings).Separate meetings will be held specifically for coordinating the final design of the wayfinding elements (estimate 4 meetings). These meetings are to be held at Renton City Hall. For meetings initiated by the City requiring Consultant participation, the City shall provide a minimum of 2 days' notice. 1.3 The Consultant will create and update a project schedule. 1.4 The Consultant will conduct regular project team meetings with internal staff and subconsultants. 1.5 The Consultant will provide internal quality assurance/quality control (QA/QC) reviews of all major deliverables prior to submittal to the City. Work Element 1 Deliverables: • Monthly progress reports (12 months) • Project Schedule and Updates • Meeting notes WORK ELEMENT 2—PHASED CAPITAL IMPROVEMENT PLAN 2.1 The Consultant shall assist the City in identifying streetscape improvement projects within the Downtown Business District and will illustrate the project locations on a 10% design aerial roll plot. The roll plot will be accompanied by a 10% estimate for each project. 2.2 A detailed illustrative scroll (1"=20') will be prepared for one block of roadway (Wells Ave S from S 2nd St to S 3'St) which will show typical proposed streetscape elements like sidewalk scoring, placement of trees/tree grates, illumination poles, and street furniture. 2.3 The Consultant shall prepare a list and brief scope description for each project, summarizing: project limits,streetscape elements,sidewalk widths, modifications of curb alignments for curb extensions, parklets, etc, and cost estimates. Work Element 2 Deliverables: City of Renton Downtown Core Streetscape Engineering Services September 4,2019 KPG Project Number: 19052 Page 3 of 8 • 10% design aerial roll plot (large scale) with 10%level cost estimate for each project (full size scroll hard copy and PDF) • Detailed Illustrative Scroll for one block of Wells Ave S (full size scroll hard copy and PDF) • Phased Capital Improvement Plan (electronic Excel file and PDF) WORK ELEMENT 3—WAYFINDING DESIGN This WE covers the effort required to finalize the design for six (6) wayfinding elements and provide City Standard Details. This WE also covers determining the system map and destination. 3.1 The Consultant shall prepare final design, based on the 2018 Renton Downtown Civic Core Vision and Plan wayfinding elements, and provide City Standard Details for the following wayfinding elements: Advance Directional, Downtown Gateway Monument, Vehicular Directional, Pedestrian Directory/Kiosk, Interpretive Panel, and Pedestrian Directional. Design will include electrical (internal lighting) and structural design. 3.2 The Consultant shall prepare a system map with locations and destinations, as directed by the City. Work Element 3 Deliverables: • Six(6) City Standard Plans for Wayfinding Elements—(8.5x 11 PDFs) • System map with locations and destinations Work Element 3 Assumptions: • The Wayfinding Elements will be designed assuming all two-way conversions of existing one-way streets within the Downtown Core have been completed. • The City will provide direction on content of each wayfinding element. WORK ELEMENT 4—STREETSCAPE ENGINEERING FOR PHASE 1 This WE covers the effort required to prepare a Bid Package for installation of wayfinding elements as determined from WE 3 and construction of streetscape improvements at Wells Avenue S, from S 2nd Street to S 3rd Street. The Consultant shall prepare Plans, Specifications and Estimates for review and approval by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City Standard Details and WSDOT standard plans will be supplemented with project specific details as required. All design plans and documents will be signed by a licensed professional engineer in the State of Washington. City of Renton Downtown Core Streetscape Engineering Services September 4,2019 KPG Project Number: 19052 Page 4 of 8 4.1 The Consultant shall prepare 30% plans and cost estimate for review and approval by the City. 4.2 The Consultant shall prepare 90%plans and cost estimate for review and approval by the City. The 90% submittal will include all comments received from the 30% review. 4.3 The Consultant shall prepare 100% plans and cost estimate for review and approval by the City. The 100%submittal will include all comments received from the 90% review. The anticipated plan sheets may include the following: o 1 Cover Sheet o 1 Sheet Index,Alignment Plan, and Survey Control o 1 Legend and Abbreviations o 1 Typical Sections o 1 Roadway Details o 2 Site Preparation Plans and TESC Plans o 2 Roadway and Drainage Plans o 2 Illumination Plans o 2 Illumination Details o 2 Urban Design Plans o 2 Urban Design Details o 2 Landscape Plans o 2 Landscape Details o 2 Irrigation Plans o 2 Irrigation Details o 10 Wayfinding Plans o 6 Wayfinding Details 41 Total Sheets 4.4 The Consultant shall prepare specifications for the 90%, 100%, and Bid submittals based on 2018 WSDOT Standard Specifications and federal funding requirements. The City shall provide a contract boilerplate and all applicable City general special provisions. 4.5 The Consultant shall prepare and submit a Public Interest Finding (PIF) for all agency supplied and sole sourced materials and Maximum Extent Feasible (MEF) documentation in accordance with WSDOT requirements. Work Element 4 Deliverables: • 30% Review Submittals - Plans (5 hard copies 11x17 and PDF) and Construction Cost Estimate (5 hard copies and PDF) City of Renton Downtown Core Streetscape Engineering Services September 4,2019 KPG Project Number: 19052 Page 5 of 8 • 90%and 100%Review Submittals—Plans(5 hard copies 11x17 and PDF), Construction Cost Estimate (5 hard copies and PDF), Specifications (5 hard copies and PDF) • Bid Document— Plans (2 hard copies 11x17 and PDF), Construction Cost Estimate (2 hard copies and PDF), Specifications (2 hard copies and PDF) • PIF for sole source and agency supplied materials • MEF Documentation Work Element 4 Assumptions: • The City will provide the Consultant with copies of approved PIF documents from a recent similar project and will include Certificates of Materials Origin (CMO)for all sole sourced materials. WORK ELEMENT 5—ENVIRONMENTAL DOCUMENTATION(WIDENER AND ASSOCIATES) This WE covers the effort necessary to complete the applicable environmental documentation and permits for the Phase 1 construction improvements (WE 4). See the attached Proposal from Widener and Associates for additional information. 5.1 KPG's effort under this task includes coordination with and review of reports prepared by Widener and Associates, and providing information such as plans, figures, and details as required to complete the environmental documentation. WORK ELEMENT 6—STRUCTURAL ENGINEERING(CHUDGAR ENGINEERING COMPANY) This WE covers the effort necessary to complete the structural foundation design of the six (6) City wayfinding elements. See the attached Proposal from Chudgar Engineering Company for additional information. 6.1 KPG's effort under this task includes coordination with and review of deliverables prepared by Chudgar Engineering Company, and providing information such as plans, figures, and details as required to complete the structural foundation design. WORK ELEMENT 7—SUPPLEMENTAL SURVEY AND BASEMAPPING This WE covers the effort for any supplemental survey and basemapping needed for the design of Phase 1. 7.1 The Consultant shall perform supplemental survey and basemapping at specific locations where the wayfinding elements will be installed to identify existing utilities and potential conflicts. Work Element 7 Deliverables: • Updated basemap (electronic CAD drawing) City of Renton Downtown Core Streetscape Engineering Services September 4,2019 KPG Project Number: 19052 Page 6 of 8 Work Element 7 Assumptions: • KPG will incorporate any new survey information into existing basemaps available. WORK ELEMENT 8—UTILITY COORDINATION The Consultant will coordinate with private utilities affected by the proposed Phase 1 improvements (WE 4). Efforts included under this WE are as follows: 8.1 Prepare letters with design plans to send to purveyors at each submittal phase. 8.2 Utility Conflict Plan: This plan will be submitted to all purveyors with utilities in the project limits to assess whether said utilities may be in conflict with the proposed improvements. 8.3 Prepare for and attend utility coordination meetings (2 assumed) with franchise utilities to discuss utility conflicts and relocations. Work Element 8 Deliverables: • Letters to Purveyors • Utility Conflict Figure (11x17) • Franchise Utility Meeting Notes Work Element 8 Assumptions: • Survey required for utility relocations is not included. • Any franchise utility expansion which is required to be incorporated into the project is not included. WORK ELEMENT 9—BID ASSISTANCE 9.1 After finalizing Bid Documents, the Consultant shall assist with coordination with advertisement at Builders Exchange of Washington (BXWA). The City is responsible for the fees related to advertising the project through BXWA.com. 9.2 The Consultant shall provide bid assistance including: • Preparing addenda and respond to bidder questions relayed through the City. It is assumed KPG will prepare up to two (2) addenda. • Attending the bid opening,verify bids for accuracy, prepare bid tabulation,and provide recommendation for award. • Consolidate all addenda items and prepare a Conformed Set of Plans, Specification, and Cost Estimate for the City's use and files. Work Element 9 Deliverables: • Up to two (2)Addenda and Answers to Questions During Bidding City of Renton Downtown Core Streetscape Engineering Services September 4,2019 KPG Project Number: 19052 Page 7 of 8 • Bid Tabulation (PDF copy) • Recommendation for Award Letter(PDF copy) • Conformed Set: (1) CD containing all PS&E documents including AutoCAD drawings, (2) 11x17 hard copies of Plans, and(2)bound hard copies of Specifications. MANAGEMENT RESERVE The City may require additional services from the Consultant. The scope of these services will be determined based on the unanticipated project needs or other considerations at the sole discretion of the City. This work may include items identified in the current WE authorizations as well other items, which may include, but are not necessarily limited to the following: • Third party locating services • Geotechnical engineering analysis • Design of Parklets • Design of Art Features or part thereof(electrical/structural/civil) • Right-of-way Services • Construction Management Services These services will be authorized by the City under management reserve. At the time these services are required,the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. City of Renton Downtown Core Streetscape Engineering Services September 4,2019 KPG Project Number: 19052 Page 8 of 8 Exhibit A-1 King County Contracting Requirements As noted in Exhibit A (Scope of Work), AGENCY is subject to a funding agreement with King County, Washington (hereinafter "COUNTY"). Such agreement,together with its amendments, is on file with AGENCY under file number CAG-18-217 (hereinafter the "County Funding Agreement"). CONSULTANT acknowledges that this Agreement is subject to AGENCY's obligations under the County Funding Agreement, in particular Exhibit III to the County Funding Agreement. CONSULTANT agrees to the following, as required by Section 111.3 of Exhibit III to the County Funding Agreement: a. CONSULTANT acknowledges that its selection by AGENCY is subject to COUNTY approval. b. COUNTY requires CONSULTANT to maintain comprehensive general (including contractual liability) and automobile liability insurance in the amount of not less than $1,000.000 combined single limit per occurrence, $2.000.000 general annual aggregate for personal injury and property damage for the protection of the COUNTY, its officers, AGENCY and employees against liability for damages because of personal injury, bodily injury, death or damage to property, including loss of use thereof, in any way related to any of CONSULTANT'S sub-contractor's performance. c. CONSULTANT shall maintain professional liability insurance in an amount of not less than $1,000.000 per claim. Such insurance shall include limited contractual liability coverage and shall provide for thirty days prior written notice to the COUNTY in event of cancellation. CONSULTANT shall endeavor to use good faith in order to maintain in force such coverage for not less than three years following completion of the PROJECT, as that term is defined in the County Funding Agreement.The COUNTY, at its option, may require a complete copy of the above policy and evidence of required coverage. d. CONSULTANT shall include the COUNTY as an additional insured and refer to and support CONSULTANT'S obligation to hold harmless the COUNTY, its officers, AGENCY and employees. Such insurance shall provide 30 days written notice to the COUNTY in the event of cancellation, non-renewal, or material change and include a statement that no act on the part of the insured shall affect the coverage afforded to the COUNTY under this insurance. The insurance company will provide written notice to the COUNTY within 30 days after any reduction on the general annual aggregate limit. e. CONSULTANT shall furnish the COUNTY evidence of the insurance required in subsections (b) and (c), above, prior to the issuance of a Notice To Proceed. f. Any reports and recommendations concerning construction shall be submitted to the COUNTY for approval. Exhibit B DBE Participation/SBE Plan In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. Not Applicable Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 16 of 34 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: L Surveying, Roadway Design &Plans Preparation Section A. Survey Data N/A B. Roadway Design Files N/A C. Computer Aided Drafting Files N/A Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 17 of 34 D. Specify the Agency's Right to Review Product with the Consultant Agency retains the right to review all deliverables listed in the Scope of Work as shown in Exhibit A. E. Specify the Electronic Deliverables to Be Provided to the Agency See Exhibit A. F. Specify What Agency Furnished Services and Information Is to Be Provided See Exhibit A. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 18 of 34 II. Any Other Electronic Files to Be Provided See Exhibit A. IIL Methods to Electronically Exchange Data E-mail, Compact Disk, DVD and/or Flash Drive Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 19 of 34 A. Agency Software Suite Microsoft Windows version 2013 B. Electronic Messaging System Microsoft Office Outlook C. File Transfers Format Adobe pdf, ZIP files, Microsoft Office Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 20 of 34 Exhibit D Prime Consultant Cost Computations See Exhibit D, attached. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 21 of 34 EXHIBIT D PRIME CONSULTANT COST COMPUTATIONS Client: City of Renton Project: Downtown Core Stnwtscepe Engineering Services KPG PROJECT NUMBER:19052 DATE: July30,2019 Labor Hour Estimate Total Howe sr . b Laal(Fee Priropel Engineering Sr.Engdaer Cm MgI _ Plorw rep Ergkwer SOnior Cons:Obsemr Engineer Teclmlden ll DSps Ron c8®rrve� 1i erhg y crew I Swwy Craw,li Omc.AbNn �Aeltino,nt Estlmen y Taal( Sr.Ca al0M r Amman Mgr Urban Design Archtact II Praise! Project Land. Construction Design Sr.bMn Architecture Construction Survey _ Fky Sumyor, Ash Office EnW Engineer Technician Observer1 Assistant Task No. Task punlplbn Stymy Mgr Senior Engiveer CAD Mgr Engineer Resident ArGAed I Sr.CAD Technician CAD Technician Ted Construclion As10240 Sr.Architectr T Transportation Pla Technician� gbce Assistant ' • - Construction Technician 232 210 200 184 168 150 140 128 125 117 115 110 190 104 216 i e2 Tr Hotea Fes WE I-Management/Coordination I Arlministration 1.1 Prged Management endbminlskatve SeM®s 8 12 4 24 $ 3,220.00 1.2 City Stall Coordination Meetings(16 assumed) 24 24 6 - 5e $ 9,424.00 1.3 Project Schedule - 6 6 S 1,104.00 • 1.4 Team Meetings 4 - 4 4 4 4 4 24 S 3,868,00 1.5 OA/OC Reviews 8 8 8 6 32 $ 6,336.00 • Task Tall 12 8 50 38 4 12 4 12 4 142 $ 23,05200 WE 2-Phased Capital Improvement Plan 21 10%aaoll Piot a Estimates 2 16 16 32 16 32 24 138 S 18,000.00 22 Detailed itus5etiw Sall 32 8 24 64 $ 7,104.00 • 23 Prepare Summaryust of Projects 2 8 6 16 19 48 S 7,220.00 Till Total 4 24 22 48 64 40 4a 250 S 3222400 WE 3-Wayfinding Design 3.1 Dew yfut iop Wadng Somata City Standard Plans 4 6 24 40 60 136 S 17,024.00 3.2 Develop System Map and Destinations 4 32 60 80 176 S 21.280.00 Task Total 8 6 56 100 140 312 $ 30,304.00 WE 4-Streetacape Engineering for Phase I 4.1 30%Plans and Estimate 18 I6 40 40 60 48 60 2 282 S 33,814.80 4.2 90%Plans wd Estimate 20 20 40 50 40 50 80 2 302 $ 36,184.00 • 4.3 100%Plans and Estimate 8 8 12 12 8 16 IS S 82 $ 10,178.00 4.4 Speokicaton tor90%and 100%Solonmas 32 24 8 30 4 98 $ 15,140.00 4.5 PIFl and MEFs 4 8 a a 8 36 $ 4,55200 Task Total 80 68 108 140 116 114 164 10 000 $ 60,876.00 WE 5-Environmental Documentation 5.1 jComdnationwlh SubccnsNlant 4 8 8 20 S 2,592.00 Task Total 4 a 8 20 S 2,50200 WE 8-Structural Engineering 6.1 (Coordination with Submnsultent 4 8 8 20 S 2,496.00 Task Total 4 0 9 20 5 2,18a00 WE 7-Supplemental Survey and Basenapping 7.1 'Supplement Survey and Basenwppkg 4 4 60 48 116 5 18,788.00 Task Total 4 4 60 4a 116 $ 147aa00 WE 8-Utility Coordination 8.1 Coordination correspondence 6 ordi 8 14 S 2,224.03 8.2 Ugh,conflict plan 2 _ 10 16 28 S 3,660.00 8.3 Uglycoadinatlan mea0ngs(2 assumed) 4 8 12 $ 1,866.00 Task Total 12 29 16 54 S 7,220.00 1012 EXHIBIT D PRIME CONSULTANT COST COMPUTATIONS Client: City of Renton Project: Downtown Coro Stroetsoape Erglneedng Services KPG PROJECT NUMBER:19052 DATE: July 30,2019 Lobar MOUT E311111310 Total Noun end Labe Fee Engineering Principal Censtiuska Sr.T ct � Documentation n EnOle d Engineering Etlmab bYTsk Principal Architect Sr.EgheMp Planner Observer Technician IISpecialist Observer t Technician ShagYCrslSootyDwllO6wAninstaN Sr.Caul Mgr Aviation Mgr Wpm Design A7cbbq 1l Land.Pmlect M. Construction Design �.AdMn Architecture CaW wclim Survey le0 Mgc Sepr Arch OfficeENT Errrem TedMtlan I Observer I Assistant Teak No. Task Dewalpoon Survey Mgr Senior PrgmY CAD Mgr Sr.Resident Sc.Sr.CAD CAD Technician Consme5mx Engineer _ Eny600r Technician Tedmdm Assist Sr. " Survey rensportatco Landscape Atctniteci pager___—_ _ _ _ _ Technician _ T Planner _ Technician Office Assistant • Construction Technician 232 210 200 154 16B 150 147 123 125 117 115 110 100 166 215 02 72 !burs Fee WE 9-Bid Assistance 9.1 Advertisement assistance 4 2 6 $ 614.00 0.2 Old assistance 2 8 8 8 26 5 3,224.00 Task Total 2 6 a 4 a 2 32 $ 3,838.00 Total Labor Hours and Fee 24 12 184 182 206 324 8 196 16 154 48 380 12 1,746 $ 229,892.00 Management Reserve 1 Total Management festival 9 10,000.00 Sabe0noulteat6 Widener and Associates(Environmental)$ 17,712.00 Gmtlgar Engineering Canpmw(SmcWrsl Engineering)$ 30,1.200 Paneling Services(1BD)$ 5.000.00 Total Reimbursable Expense$ 52,32400 Reimbursable Direct Non-Salary Costs j Mining at anent IRS rate$ 1,500.00 Total Reimbursable Expense 9 1,500.m Total Estimated Budget $ 294,216.00 2 of KPG, PS Summary of Direct Labor Costs Effective January 1,2019 through December 31,2019 Avg Direct Office Overhead @ Profit @ 2019 Salary 1.4670 30% Inclusive Rate Classification Costs(DSC) Of DSC of DSC (Rounded to$1) Principal 83.90 123.08 25.17 232 Engineering Manager 75.76 111.14 22.73 210 Senior Engineer 66.35 97.34 19.91 184 Sr. Project Engineer 59.94 87.93 17.98 166 Project Engineer 50.48 74.06 15.14 140 Design Engineer 42.33 62.10 12.70 117 Engineering Technician 36.06 52.90 10.82 100 Technician 33.17 48.66 9.95 92 Engineering Assistant 27.68 40.61 8.30 77 Principal Architect 72.12 105.79 21.63 200 Aviation Manager 66.35 97.34 19.91 184 Senior Architect 54.39 79.79 16.32 150 Architecture Technician II 42.33 62.10 12.70 117 Architecture Technician I 36.06 52.90 10.82 100 Survey Manager 75.76 111.14 22.73 210 Survey Crew II (W/Equip) 78.00 114.43 23.40 216 Survey Crew I (W/Equip) 60.10 88.17 18.03 166 Project Surveyor 50.48 74.06 15.14 140 Survey Technician 42.33 62.10 12.70 117 Survey Assistant 27.68 40.61 8.30 77 Urban Design Manager 59.94 87.93 17.98 166 Project Landscape Architect 46.17 67.73 13.85 128 Landscape Technician 33.17 48.66 9.95 92 Senior Transportation Planner 54.39 79.79 16.32 150 Transportation Planner 36.06 52.90 10.82 100 Senior Construction Manager 75.76 111.14 22.73 210 Construction Manager 60.10 88.17 18.03 166 Senior Resident Engineer 50.48 74.06 15.14 140 Resident Engineer 45.06 66.10 13.52 125 Construction Office Engineer 45.06 66.10 13.52 125 Senior Construction Observer 46.17 67.73 13.85 128 Construction Observer II 39.90 58.53 11.97 110 Construction Observer I 33.17 48.66 9.95 92 Construction Technician 27.68 40.61 8.30 77 Document Control Specialist 41.47 60.83 12.44 115 Document Control Admin 27.68 40.61 8.30 77 Construction Assistant 27.68 40.61 8.30 77 CAD Manager 54.39 79.79 16.32 150 Senior CAD Technician 42.33 62.10 12.70 117 CAD Technician 36.06 52.90 10.82 100 Business Manager 54.39 79.79 16.32 150 Senior Admin 41.47 60.83 12.44 115 Office Admin 33.17 48.66 9.95 92 Office Assistant 27.68 40.61 8.30 77 Subs billed at cost plus 5%. Reimbursables billed at actual costs. Mileage billed at the current approved IRS mileage rate. 'Washington State Transportation Building De artiinent of Transportation 310 Maple Park Avenue S.E. p P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY:.1-800-833-6388 www.wsdot.wa.gov April 19, 2018 KPG,P.S. 3131 Elliott Avenue, Suite 400 Seattle,WA 98121 Subject: Acceptance FYE 2017 ICR—Risk Assessment Review Dear Ms. Suzy Rowe: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2017 ICR of 146.70%. These rates are applicable to Washington Local Agency Contracts only.These rates may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email • consultaiitrates@wsdot.wd:Rov. Regards; Jonson, Erik Apr Apr 20 2018 8:02 AM cosign ERIK K. JONSON Manager, Consultant Services Office EKJ:kms Acceptance ICR Audit Office Review Exhibit E Sub-consultant Cost Computations Thcrc i3 not any Sub consultant participation at thi3 time. The CONSULTANT Shall not Sub contract for the performance of any work undcr thi3 AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of this AGREEMENT. Widener&Associates (Environmental) $17,712 Chudgar Engineering Company (Structural Engineering) $30,112 Potholing Services (TBD) $8,000 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 22 of 34 Washington State Transportation Building 11 Department of 7Eansportation 310 Maple Parr Avenue S.E. P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov July 17,2019 Jeanette Widener,President DGK, Inc.DBA Widener&Associates 10108 32"d Ave W, Ste D Everett,WA 98204-1302 Re: DGK, Inc. DBA Widener&Associates Safe Harbor Indirect Cost Rate Extension Dear Ms.Widener: Washington State has received approval from our local Federal Highway Administration(FHWA) Division to continue administering the"safe harbor"indirect cost rate program on engineering and design related service contracts,as well as for Local Public Agency projects. We completed our risk assessment for DGK, Inc.in February 2014. Our assessment was conducted based on the documentation provided by the firm. The reviewed data included,but was not limited to, a description of the company,basis of accounting,accounting system and the basis of indirect costs. Based on our review,we found the firm eligible to use the Safe Harbor rate. DGK opted to use the Safe Harbor rate,rather than provide a FAR-compliant rate. Based on further review and discussion with the firm,we are issuing an extension of the Safe Harbor Indirect Cost Rate of 110%of direct labor with a field rate,where applicable,of 80%of direct labor for DGK. DGK has agreed to improve Internal Controls and timekeeping processes in order to be able to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition Regulations (FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and information related to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of 110%, or 80%for field office situations,for agreements entered into prior to December 31,2019. For agreements entered into after this date, please contact the WSDOT Consultant Services Office(CSO) or our office for guidance. The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs contact if you have questions about when to apply the Safe Harbor rate to your agreement. If you have any questions,please contact Steve McKemey or me at(360)705-7003. Sincerely, Sc atzie Harvey,CPA Agreement Compliance •udi Manager cc: Steve McKemey,Director of Internal Audit Larry Schofield,MS 47323 File CITY OF RENTON STREET IMPROVEMENTS Scope of Work Environmental Services Task 1 Project Coordination The consultant shall attend project coordination meetings on the project and assist the City with developing a description of work and outline the HUD NEPA process. Task 2 Field Reconnaissance The consultant will preform a field review of the project scope of work to determine the potential impacts of each construction alternative. Task 3 SEPA Complete a project SEPA for the proposed work. Coordination the SEPA process with the City and of Renton Planning and obtain a MDNS decision document. Task 4 HUD NEPA Complete an environmental and permit Documentation required for the HUD process. Deliverable(s) • SEPA Approval • HUD NEPA documentation Cost Estimate for Renton Downtown Core Steetscape Improvements Project Project Manager Biologist Project Coordination 8 8 Field Reconnaissance 2 6 SEPA Checklist Draft 8 24 Final NEPA Documentation Draft 8 24 Final 5 12 Coordination 24 8 Totals 47 74 Summary Hours Rate Cost Project Manager 47 $156.00 $7,332.00 Project Biologist 74 $120.00 $8,880.00 Cultural Resources $1,500 TOTAL ESTIMATED COST $17,712.00 Date 7/18/19 Company Name: DGK,Inc.DBA Widener&Assoicates Proposed ICR Proposed Fixed Fee Address: 1902 129th PI SE STE.202 City/State/Zip Everett,WA 98208 1.1 0.3 Subject:Proposed Hourly Rate Statement Attention:Manager,Consultant Services Office Below are the highest anticipated hourly billing rates for the identified labor classifications. DGK,Inc.DBA Widener&Assolcates certifies they have an accounting system that contains separate accounts or sub-accounts for unallowable costs in accordance with FAR(48 CFR Part 31),and the capacity to track direct costs that are allocable directly to projects. DGK,Inc.DBA Widener&Assoicates also certifies they have a labor-charging/time keeping system that is complete and sufficiently detailed to allow for a proper determination of direct and indirect labor costs. • Labor Classification Labor Rate indirect Fixed Fee NTE Rate Cost Rate Add Row Environmental Project Manager $71.00 $78.10 $21.30r $170.40 Delete Row Senior Biologist $55.00 $60.50 $16.50 $132.00 Biologist. $35.00 $38.50 $10.50 $84.00 Field Technician $25.00 $27.50 $7.50 $60.00 Administrative Staff $25.00 $27.50 $7.50 $60.00 • Respectfully, Signature Title President/CFO IVWashington State Transportation Building Department of Transportation 310 Maple Park Avenue S.E. P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TN:1-800-833-6388 www.wsdot.wa.gov May 14,2019 Samir Chudgar,President Chudgar Engineering Company 1510 140th Ave NE, Suite 203 Bellevue,WA 98005-4572 Re: Chudgar Engineering Company Safe Harbor Indirect Cost Rate Extension Dear Mr. Chudgar: Washington State has received approval from our local Federal Highway Administration(FHWA) Division to continue administering the"safe harbor"indirect cost rate program on engineering and design related service contracts, as well as for Local Public Agency projects. We completed our risk assessment for Chudgar Engineering Company in August 2014. Our assessment was conducted based on the documentation provided by the fine. The reviewed data included,but was not limited to, a description of the company,basis of accounting,accounting system and the basis of indirect costs. Based on our review,we found the firm eligible to use the Safe Harbor rate. Chudgar Engineering Company opted to use the Safe Harbor rate,rather than provide a FAR-compliant rate. Based on further review and discussion with the firm,we are issuing an extension of the Safe Harbor Indirect Cost Rate of 110%of direct labor with a field rate,where applicable, of 80%of direct labor for Chudgar Engineering Company. Chudgar Engineering Company has agreed to improve Internal Controls and timekeeping processes in order to be able to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition Regulations (FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and information related to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of 110%, or 80% for field office situations, for agreements entered into prior to June 30,2020. For agreements entered into after this date,please contact the WSDOT Consultant Services Office(CSO)or our office for guidance. The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs contact if you have questions about when to apply the Safe Harbor rate to your agreement. If you have any questions,please contact Steve McKemey or me at(360)705-7003. Sincerely, Schatzie Harvey, CPA Agreement Complianc. .'t Manager cc: Steve McKemey,Director of Internal Audit Larry Schofield,MS 47323 File CHUDGAR ENGINEERING COMPANY Civil&Structural Engineers 1510 140th Ave NE Suite 203 Bellevue WA 98005 Phone: (425)590-9650 Email:samir.chudgar@chudgar-eng.com City of Renton Downtown Core Streetscape Engineering Services Prepared: SC Dated: 7/18/19 Submitted to Olivia Paraschiv,KPG Wayfinding Signs Structural Engineering Scope,Labor Hours and Budget Estimate The following labor hours estimate has been developed based upon anticipated Scope of Work for design of sign foundation,based on documents provided by KPG on 6/5/19. Six sign type are shown on Renton Wayfinding System Action Plan,dated January 2018. Sign heights vary from 5 feet to 12 feet (approximately). Some signs will require foundation in the form of footings,drilled shafts,direct embed or anchored to base structure. Signs will be anchored to the base. Reviw sign drawings.Analyze sign for applicable loadings.Develop connections and anchorage. Design foundation.Develop drawings with anchorage and foundation details as necessary.Prepare Structural General Notes.Each sign type will have unique foundation; 6 foundations are included in this scope and each foundation will be shown on its own drawing.Total 7 drawings are considered. Structural General Notes will include typical material designations;separate construction specifications will not be prepared.Cost estimates will be prepared for each foundation as lump sum cost to be added to sign cost. Structural calculations and drawings will be stamped and signed by registered Structural 1 Engineer licensed in State of Washington. Renton Wayfinding Signs Page 1 of 2 Scope Estimate CHUDGAR ENGINEERING COMPANY Civil&Structural Engineers 1510 140th Ave NE Suite 203 Bellevue WA 98005 Phone: (425)590-9650 Email: samir.chudgar@chudgar-eng.com City of Renton Downtown Core Streetscape Engineering Services Prepared: SC Dated: 7/18/19 Submitted to Olivia Paraschiv,KPG Wayfinding Signs Structural Engineering Estimate Overhead Rate(Safe Harbor Rate) 110.00% Fixed Fee 15.00% Task Task Description Designation and Hourly Rate Hours Principal Structural Design Design Engineer Engineer Engineer Subtotal Pay Rate $85.00 $34.96 $33.62 Overhead $93.50 $38.46 $36.98 Fixed Fee $26.78 $11.01 $10.59 Hourly Billing Rate $205.28 $84.43 $81.19 1 Structural Engineering 40 144 120 304 Total Hours 40 144 120 304 Total Labor Cost(DSC) $3,400.00 $5,034.24 $4,034.40 $12,468.64 Overhead Cost $3,740.00 $5,537.66 $4,437.84 $13,715.50 Fixed Fee $1,071.00 $1,585.79 $1,270.84 $3,927.62 Total Labor Cost(DSC) $12,468.64 Overhead Rate(Safe Harbor Rate) 110.00% Overhead Cost(OH) $13,715.50 Fixed Fee 15.00% $3,927.62 Sub-total $30,111.77 Reimbursable Expenses $0.00 Total Budget Estimate S30,112 Renton Wayfinding Signs Page 2 of 2 Scope Estimate Exhibit F. Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the"REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2 Non-discrimination: The CONSULTANT,with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY,the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it,the STATE,or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation,termination, or suspension of this AGREEMENT, in whole or inpart. G Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE,the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 23 of 39 Exhibit G Certification Document Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of City of Renton 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 Exhibit G-4 Certificate of Current Cost or Pricing Data • Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 24 of 34 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPG, P.S. whose address is 3131 Elliott Ave., Suite 400 Seattle, WA 98121 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); City of Renton 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. KPG, P.S. Consultant(Firm Name Sign a(Authorized Official onsultant) Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 25 of 34 Exhibit G-1(b) Certification of City of Renton I hereby certify that I am the: x❑. Certified Authority(CA) 0 Other of the City of Renton , and KPG, P.S. or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain,any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated(if any): I acknowledge that this certificate is to be furnished to the City of Renton 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. 9- 2 7 149 Signature Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 26 of34 Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application /proposal had one or more public transactions (Federal, State and local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. KPG, P.S. Consultant(Firm Name Signature thorized Offi ' of Consultant) Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 27 of 34 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 cooperativeAGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 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. KPG, P.S. Consultant(Firm Name) Signa (Authorized Offi ' onsultant) Date Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 28 of 34 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 N/A *are accurate, complete, and current as of N/A **. 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: 14476> P /di Signat Title Date of Execution ?/-3 A ***: *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 02/28/2018 Page 29 of 34 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 $ No change The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$ No change 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: $ Not applicable • Include all costs, fee increase,premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 30 of 34 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 02/28/2018 Page 31 of 34 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 02/28/2018 Page 32 of 34 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 02/28/2018 Page 33 of 34 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 Local Agency A&E Professional Services Agreement Number Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 34 of 34