2020-11-12 City Council - Full S Agenda-2720o Agenda
Edmonds City Council
ARKS & PUBLIC WORKS COMMITTEE - SPECIAL ZOOM
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NOVEMBER 12, 2020, 4:00 PM
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COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF.
COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS.
1. CALL TO ORDER
2. COMMITTEE BUSINESS
1. Renewal of the Interlocal Agreement with the Snohomish Conservation District (10 min)
2. Presentation of Local Agency Agreement for Construction Management services on the Citywide
Pedestrian Crossing Enhancements Project (10 min)
3. Presentation of a Supplemental Agreement with KPG for the Citywide Pedestrian Crossing
Enhancements (10 min)
4. Presentation of a Supplemental Agreement with WHPacific for the 84th Ave Overlay Project (10
min)
5. Presentation of Professional Services Agreement with Tetra Tech, Inc. for design of the Seaview
Park Infiltration Facility Phase 2 Project (10 min)
6. Proposal to approve the WWTP Chief Operator Job Description (10 min)
ADJOURN
Edmonds City Council Agenda
November 12, 2020
Page 1
2.1
City Council Agenda Item
Meeting Date: 11/12/2020
Renewal of the Interlocal Agreement with the Snohomish Conservation District
Staff Lead: Rob English
Department: Engineering
Preparer: Scott Passey
Background/History
On November 16, 2010, the City Council authorized the Mayor to sign a 5-year agreement with the
Snohomish Conservation District.
On December 1, 2015, the City Council authorized the Mayor to sign a 5-year Agreement with the
Snohomish Conservation District.
Staff Recommendation
Forward this item to the consent agenda for City Council approval at the November 17th meeting.
Narrative
The current ILA will expire on December 31, 2020. This Third Amendment to the ILA will:
Make the new ILA effective January 1, 2021 through December 31, 2025 (5-year agreement).
The Snohomish Conservation District (SCD) is a political sub -division of state government that has been
working with farmers, city residents and rural landowners since 1941. District boundaries include
Camano Island (added in 1961) and most of Snohomish County. Since SCD was formed in 1941, the area
of Edmonds that was previously part of the County in those years can receive services from the SCD (all
except the downtown area). SCD received approval for an assessment of $8 per parcel and $.08 per
acre through 2022. These funds go directly to help Edmonds residents and other local communities.
The mission of the SCD is to work cooperatively with others to promote and encourage conservation and
responsible use of natural resources. This ILA renews the current agreement and provides a continuing
mechanism for the SCD to provide services directly to Edmonds residents as well as assist Edmonds
Public Works and Engineering staff on an as -needed basis.
Over the past decade, the SCD has provided the City with services in the areas of maintenance, design,
outreach and education on conservation and stormwater related issues to include:
Conducting ecosystem/watershed classes at local elementary schools.
Planning, designing and implementing Edmonds' neighborhood rain garden program and rain
gardens within City streets
Attending meetings with City staff to discuss rain garden outreach to include workshops,
campaigns and education.
Providing maintenance and planting plans for City owned right-of-way rain gardens/bioswales.
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2.1
The attached SCD Scope of Work for 2021 to the ILA is similar to the previous term. It includes youth
education, conservation events, continued efforts in pursuing private and public neighborhood rain
gardens and performing maintenance visits on city owned rain gardens. In addition, a new 'lawns to
lettuce' program is also being pursued. This program will encourage landowners to grow edibles in a
way that builds healthy soil, protects pollinators, and minimizes pesticide use while reducing
stormwater runoff. Also new to 2021 is a City sponsored rain barrel event, after a successful event at
Yost park this year (which was funded by SCD directly).
Snohomish Conservation District is a valuable and cost-effective supplement to City staff on
conservation issues within Edmonds.
Fiscal Impact
Previously, funds for the assistance of SCD have come from the stormwater utility fund. Future funding
for SCD work will continue to come from the Stormwater Utility Fund.
The City Attorney has approved this Third Amendment to the ILA.
Attachments:
Interlocal Agreement
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2.1.a
INTERLOCAL AGREEMENT BETWEEN
CITY OF EDMONDS AND
SNOHOMISH CONSERVATION DISTRICT
FOR JOINT OR COOPERATIVE SERVICES
January 1, 2021 through December 31, 2025
This Interlocal Agreement (hereinafter "Agreement") is entered into by and between the City of Edmonds
(hereinafter "City"), a political subdivision of the State of Washington, and the Snohomish Conservation
District (hereinafter "District"), a Washington municipal corporation established pursuant to Chapter
89.08 RCW.
WHEREAS, the District was established pursuant to Chapter 89.08 RCW to undertake a variety of
activities relating to the conservation, management, and sustainability of natural resources; and
WHEREAS, the District and City of Edmonds are authorized pursuant to the Interlocal Cooperation Act,
Chapter 39.34 RCW, to enter into agreements with one another for joint or cooperative action; and
WHEREAS, the District's boundaries include all of the City of Edmonds; and
WHEREAS, since 1941 the District has assisted landowners and local governments as they face resource
management challenges relating to water quality and other natural resource issues; and
WHEREAS, increasing demands for resource management programs, resulting from more stringent
regulations, urban development pressures, and public interest and awareness, has put a strain on both
District and City of Edmonds financial resources; and
WHEREAS, the District has outlined long term goals and objectives in its Strategic Plan; and
WHEREAS, the City of Edmonds shares responsibility for conserving and managing the City of
Edmonds's natural resources; and
WHEREAS, the District and City of Edmonds support and concur in the need to continually refine and
coordinate their long and short term goals, objectives, and programs for managing and conserving the
City of Edmonds' s natural resources; and
WHEREAS, the revenue from rates and charges imposed by Snohomish County (County) pursuant to
RCW 89.08.400 will allow the District to work in partnership with the City of Edmonds to obtain grant
funding and support the County and the City of Edmonds in addressing requirements of the National
Pollutant Discharge Elimination System (NPDES), Endangered Species Act (ESA) listing of salmon
species, and other natural resource protection requirements and needs;
NOW, THEREFORE, the District and City of Edmonds mutually agree as follows:
I. PURPOSE
A. The recitals set forth above are incorporated herein by this reference.
B. The purpose of this Agreement is to establish and define the terms and conditions for the
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2.1.a
cooperative efforts to be undertaken by the City of Edmonds and the District to promote, facilitate, and
undertake certain conservation programs and activities.
C. This Agreement shall be implemented through an annual scope of work as provided in Articles
IV and V.
II. DURATION OF AGREEMENT
A. This Agreement shall commence on the date of January 1, 2021 and terminate December 31,
2025, unless otherwise modified or terminated in accordance with the terms of this Agreement.
B. The activities described in the yearly Appendices that are performed after the execution date of
this Agreement, shall be eligible for funding under this Agreement.
III. FUNDING
Funds for the resource management and conservation programs provided for in this Agreement shall be
defined within the annual Scope of Work and Budget negotiated between the City of Edmonds and the
District.
IV. RESPONSIBILITIES OF THE DISTRICT
A. Scope of Work
This Agreement shall be implemented through a scope of work. The City of Edmonds and the District
shall negotiate a scope of work and budget for each year of this Agreement, which scope of work and
budget will coordinate and describe the conservation programs and activities to be undertaken using funds
from the City of Edmonds and the District.
The District shall actively involve constituents and partners, including the City, to develop a proposed
scope of work and budget for conservation programs and activities to be undertaken in the succeeding
year with funds obtained from the City. On or before December 1 of each year the District shall provide
the proposed scope of work and budget to the City for final review and approval.
B. Program Reporting
With each invoice, the District shall submit to the City of Edmonds a report which summarizes the work
performed and expenditures incurred during the invoice period. The reports shall also include, but not be
limited to, the following:
1. A description of work performed during the period and progress made to date.
2. A description of any adverse conditions that affected the program objectives and/or time
schedules, and actions taken to resolve them.
V. RESPONSIBILITIES OF THE CITY OF EDMONDS
A. Cooperation with the District
The City of Edmonds shall assist the District in a timely manner in the preparation, review, modification,
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2.1.a
and implementation of the scope of work, including accommodation of sensitive District timelines and
assistance in identifying and making plan modifications that are reasonably consistent with the mission
and goals of the District.
B. Payment of Billing Requests
The City of Edmonds shall provide payment within 30 days of an approved billing request submitted by
the District for work activities and expenditures identified by the agreed to scope of work and budget.
VI. ENTIRETY OF AGREEMENT
This Agreement constitutes the entire agreement between the City of Edmonds and the District and
supersedes all proposals, oral and written, and all other communication between the parties in relation to
the subject matter of this Agreement. No other agreement exists between the City of Edmonds and the
District with regards to the instant subject matter except as expressly set forth in this instrument. Except
as otherwise provided herein, no modification of this Agreement shall be effective until reduced to
writing and executed by both parties.
VII. MAINTENANCE OF RECORDS
The District shall maintain all books, documents, receipts, invoices, and records, including payroll
records, necessary to sufficiently and properly reflect the expenditures associated with this Agreement.
The accounting records shall provide for a separate recording and reporting of all receipts and
expenditures. Financial records pertaining to
matters authorized by this Agreement are subject to inspection and audit by representatives of the City of
Edmonds or the State Auditor upon request.
VIII. AMENDMENTS AND MODIFICATIONS OF PROGRAM EXPENDITURES
A. Changes in Approved Projects or Program Activities
The City of Edmonds, through the mayor or mayor's designee, must approve the removal, modification,
or addition of work identified in the annual scope of work.
B. Delays
Spending for some projects or program activities may be delayed because of extended time frames for
obtaining supporting grant funds, holdups in the permit review/approval processes, or other unforeseen
circumstances. Variations in the scope of work or budget for these reasons shall be documented between
the District and the City of Edmonds.
IX. PROPERTY
Title to property purchased by the District in carrying out the scope of work shall vest in the District.
X. GENERAL PROVISIONS
A. Notice
Except as set forth elsewhere in this Agreement, notice for purposes of this Agreement, except service of
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process, shall be given by the District to the City of Edmonds by delivery to the Public Works Director,
121 5' Ave. N, Edmonds, WA 98020. Notice to the District for purposes of this Agreement, except
service of process, shall be given to the Chair of the Board of Supervisors of the District and to the
District Manager, 528 - 9 1 " Ave. NE. Lake Stevens, WA 98258.
B. Compliance with Laws
The District and the City of Edmonds shall comply with all federal, state, and local laws, statutes,
ordinances, rules, and regulations applicable to the performance of this Agreement. The District and the
City of Edmonds agree to comply with all the provisions of the Americans with Disabilities Act and all
regulations interpreting or enforcing such acts.
C. Indemnification
The District and the City of Edmonds agree to protect, defend and hold harmless each other, its elected
and appointed officials, employees and agents, from and against all claims, demands and causes of action
of any kind or character, including any cost of defense and attorney's fees, arising out of any actions,
errors or omissions of the other party, its officials, employees and agents in performing this Agreement
except for those arising out of the sole negligence of the other party.
D. Non -assignment
The District shall not subcontract, assign, or delegate any of the rights, duties or obligations covered by
this Agreement without prior express written approval by the City of Edmonds.
E. Independent Contractor
The District will perform the services under this Agreement as an independent contractor and not as an
agent, employee, or servant of the City of Edmonds. The parties agree that the District is not entitled to
any benefits or rights enjoyed by employees of the City of Edmonds. The District specifically has the
right to direct and control the District's own activities in implementing the scope of work in accordance
with the terms of this Agreement. The City of Edmonds shall only have the right to ensure performance.
F. Interlocal Cooperation Act
The parties agree that no separate legal or administrative entities are necessary in order to carry out this
Agreement. If determined by a court to be necessary for purposes of the Interlocal Cooperation Act, Ch.
39.34 RCW, an administrator, or joint board responsible for administering the Agreement will be
established by mutual agreement.
Any real or personal property used by either party in connection with this Agreement will be acquired,
held, and disposed of/by that party in its discretion, and the other party will have no joint or other interest
herein. No partnership or joint venture between the parties is created by this Agreement.
XI. TERMINATION
A. The City of Edmonds reserves the right to terminate or suspend this Agreement at any time, with
or without cause, upon seven (7) days prior written notice.
B. hi the event this Agreement is terminated or suspended, the District shall be entitled to payment
for all services performed and reimbursable expenses incurred to the date of termination.
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2.1.a
C. This Agreement may be canceled immediately if the District is unable to perform the services
called for by this Agreement.
D. The District reserves the right to terminate this Agreement with not less than fourteen (14) days
written notice, or in the event that outstanding services are not paid within thirty (30) days.
E. These provisions shall not prevent the City of Edmonds from seeking any legal remedies it may
otherwise have for the violation or nonperformance of any provisions of this Agreement.
XII. MISCELLANEOUS
A. No obligation in this Agreement shall limit the District or the City of Edmonds in fulfilling its
responsibilities otherwise defined by law.
B. The City of Edmonds shall cause this Agreement to be recorded with the Snohomish County
Auditor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest date written
below.
CITY OF EDMONDS SNOHOMISH CONSERVATION DISTRICT
Mike Nelson, Mayor Mark Craven, Board Chair
ATTEST:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
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2.2
City Council Agenda Item
Meeting Date: 11/12/2020
Presentation of Local Agency Agreement for Construction Management services on the Citywide
Pedestrian Crossing Enhancements Project
Staff Lead: Rob English
Department: Engineering
Preparer: Scott Passey
Background/History
None.
Staff Recommendation
Forward this item to the consent agenda for City Council approval at the November 17th meeting.
Narrative
This project will provide safety improvements at nine pedestrian crossings through the installation of
pedestrian -actuated rectangular rapid flashing beacons (RRFB), pedestrian HAWK signal, bulb -outs,
pavement markings, signs, lighting and conversion of an existing emergency traffic signal to a fully -
actuated traffic signal with pedestrian phasing. The locations are:
SR-104 @ 232n1 St. SW;
SR-524 @ 841" Ave. W (HAWK Signal);
SR-524 @ 7t" Ave. N;
76t" Ave. W @ 2061" St. SW;
229t" PI. W @ 106t" Ave. W;
Dayton St. @ 2nd Ave. W; and
Dayton St. @ Private Driveway.;
Walnut St. @ 81" Ave S; and
Main St. @ Olympic Ave.
The agreement will provide the following professional services:
Pre -construction services (attendance at pre -construction meeting and review of plans and
specifications);
Construction Administration and Documentation to support City staff. Consultant will track and
monitor contractor documents for federal and state review, review certified payrolls, check
compliance to meet UDBE goal, prepare progress pay estimates and complete other
administrative tasks to comply with WSDOT/FHWA requirements.
Track and monitor Material Submittals and Request for Information; and
Provide supporting documentation for Change Orders / Force Account.
Staff and consultant have agreed on a scope of services and budget for the project, in the amount of
$112,063.53 (including $4,824.45 in management reserve). The project was advertised on October 29tn
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2.2
2020 with bid opening on November 191", 2020. The project will be suspended shortly after Notice to
Proceed is issued to procure the traffic signal poles and equipment (approximately 5 to 6-month
duration). The project will come out of suspension in Spring 2021 and will take 4 to 5 months to
complete.
The funding sources for this project are through a secured Safe Routes to School federal grant ($1.49
Million), Fund 125 ($58,040) Fund 126 (429,000) and Fund 422 ($51,000).
Attachments:
Local Agency Agreement with KPG
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2.2.a
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreemen
Agreement Number:
Firm/Organization Legal Name (do not use dba's):
KPG, P.S.
Address
Federal Aid Number
3131 Elliott Ave., Suite 400 Seattle, WA 98121
SRTS-365(013)
UBI Number
Federal TIN
601-248-648
91-1477622
Execution Date
Completion Date
December 31, 2021
1099 Form Required
Federal Participation
❑ Yes ❑✓ No
❑i Yes ❑ No
Project Title
Citywide Pedestrian Crossing Enhancements - CM Services
Description of Work
Construction management services for the City of Edmonds Pedestrian Crossing Enhancements Project:
Removal and installation of new pavement, curbs, sidewalks, ADA ramps, curb bulbs, modular block wall,
drainage modifications, and a new High Intensity Activated crosswalk (HAWK) signal.
❑ Yes ❑i No DBE Participation
Total Amount Authorized: $107,239.08
❑ Yes ❑i No MBE Participation
Management Reserve Fund: $4,824.45
❑ Yes ❑✓ No WBE Participation
❑ Yes ❑✓ No SBE Participation
Maximum Amount Payable: $112,063.53
Index of Exhibits
Exhibit A
Scope of Work
Exhibit B
DBE Participation
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D
Prime Consultant Cost Computations
Exhibit E
Sub -consultant Cost Computations
Exhibit F
Title VI Assurances
Exhibit G
Certification Documents
Exhibit H
Liability Insurance Increase
Exhibit I
Alleged Consultant Design Error Procedures
Exhibit J
Consultant Claim Procedures
A
Q
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 11
Revised 0110112020
2.2.a
THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the City of Edmonds
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 requirec
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provid
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.
General Scope of Work
a.
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. v
III. General Requirements Y
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall 3
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 a
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 forma roved b the AGENCY which will a
p p Y P g p� pp Y � �
outline in written and graphical form the various phases and the order of performance of the SERVICES in c
sufficient detail so that the progress of the SERVICES can easily be evaluated. J
c
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, E
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under 5
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the Stat a
of Washington.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 12
Revised 0110112020
2.2.a
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 b(
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 CONSULTANT
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE firm:
maximum practicable opportunities.
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 goa
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, prepare(
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service foi
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through of
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shal
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:
c�
a
If to AGENCY: If to CONSULTANT: Y
Name: Bertrand Hauss Name: Daniel Clark 3
Agency: City of Edmonds Agency: KPG, P.S.
Address: 121 5th Ave N Address: 3131 Elliott Ave., Suite 400 E
City: Edmonds State: WA Zip: 98020 City: Seattle State: WA Zip: 98121 L
Email: Bertrand.Hauss@edmondswa.gov Email: danielc@kpg.com a
Phone: (425) 771-0220 Phone: 253-627-0720
Facsimile: Facsimile:
a
IV. Time for Beginning and Completion o
J
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing b�
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of thi:
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT a
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because o
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Packet Pg. 13
Agreement Revised 0110112020
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,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D" and "E" and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate
and direct non -salary costs.
Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as suc
on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime an
all A&E sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's
fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.
for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by
the ICR schedule. It shall also be used for the computation of progress payments during the following year
and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will
be sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their A&E sub -consultants
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section)
These charges may include, but are not limited to, the following items: travel, printing, long distance
telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed
only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
Agreement Number:
a
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 14
Revised 0110112020
2.2.a
2
Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D"
and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
"Extra Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required unde
Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other relat&
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 b;
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
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Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 15
Revised 0110112020
2.2.a
D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upo
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.
VI. Sub -Contracting
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The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by
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this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
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prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub -consultant, any contract or any other relationship.
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Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
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hereto and by this reference made part of this AGREEMENT.
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The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub-
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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.
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All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall requirf
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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
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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
3
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
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CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
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termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
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The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
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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
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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 annr
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
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or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 16
Revised 0110112020
2.2.a
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 obligatiol
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 thi'
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V § 2000d
through 2000d-4a)
• Federal -aid Highway Act of 1973
(23 U.S.C. Chapter 3 § 324)
• Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V § 794)
• Age Discrimination Act of 1975
(42 U.S.C. Chapter 76 § 6101 et. seq.)
• Civil Rights Restoration Act of 1987
(Public Law 100-259)
• American with Disabilities Act of 1990
(42 U.S.C. Chapter 126 § 12101 et. seq.)
• 23 CFR Part 200
• 49 CFR Part 21
• 49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the 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" it
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up t,
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 Notic
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.
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If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 17
Revised 0110112020
2.2.a
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 th
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the 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 right;
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 of
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
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Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 18
Revised 0110112020
2.2.a
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 thi
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees,
sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legall
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and c
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
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and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
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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
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agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the
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CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
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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
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improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
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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, of
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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.
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Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
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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
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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. This waiver has been mutually negotiated between the Parties.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Packet Pg. 19
Revised 0110112020
2.2.a
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 contrac
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimur
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: Bertrand Hauss
Agency: City of Edmonds
Address: 121 5th Ave North
City: Edmonds State: WA Zip: 98020
Email: Bertrand.Hauss@edmondswa.gov
Phone: (425) 771-0220
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
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Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 20
Revised 0110112020
2.2.a
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENC'1
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 0
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If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering Y
data furnished by them.
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XV. Federal Review
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The Federal Highway Administration shall have the right to participate in the review or examination of the 2
SERVICES in progress. a
XVI. Certification of the Consultant and the Agency
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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 J
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 2
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "Genera a
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number:
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Revised 0110112020
2.2.a
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, o
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 22
Revised 0110112020
2.2.a
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.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidentia
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 sucl
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, AGREEMENT `s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
a
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 23
Revised 0110112020
0
tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub -consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normall3
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
Signature
Signature
11/5/2020
Date
Date
Any modification, change, or reformation of this AGREEMENTshall require approval as to form by the Office
of the Attorney General.
Agreement Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 24
Revised 0110112020
2.2.a
Exhibit A
Please see attached scope of work
Scope of Wor)
Federal Aid No.
Agreement Number:
Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0110112 Packet Pg. 25
2.2.a
EXHIBIT A-1
Construction Management Services
Scope of Work
November 2020
City of Edmonds
Citywide Pedestrian Crossing Enhancements
City Project Number: E7DC/i026
Federal Aid Number: SRTS-365(013)
KPG, P.S. (KPG) will provide construction management services for the construction contract to complete
the City of Edmonds Pedestrian Crossing Enhancements project. The proposed work includes: removal and
installation of new pavement, curbs, sidewalks, ADA ramps, curb bulbs, a modular block wall, drainage
modifications, new channelization and signage, landscaping treatments and property restoration,
modifications to the existing signal at the SR 104 & 232nd St SW intersection, and a new High intensity
Activated crosswalk (HAWK) signal will be installed at the SR 524 & 84th Ave W.
A detailed scope for the Contract follows:
INTRODUCTION
The following scope of services and associated costs are based upon the assumptions outlined below
General Assumptions:
• The level of service and fee is based on project duration of 80 working days with 5 days prior to
construction and 12 days for closeout for a total of 97 working days. It is understood there will be
a suspension for material procurement with this project. The suspension will require little effort
from Consultant during the estimated 6 to 9 months of material procurement but some effort will
be required to keep updates and Contractor required paperwork flowing.
• The proposed project team will include a full time City inspector and a full time Resident
Engineer from the Consultant for construction administration documentation and project support.
Team also includes sub -consultant to provide services for materials testing. It is understood the
City of Edmonds shall provide a Project Engineer that will act as the project's focal point of
coordination and documentation for all 80 Working Days.
• Consultant will utilize the Record of Materials (ROM) developed by WSDOT. This scope of
services provides the management of the ROM and scheduling of required materials testing
respectively.
• City will review and execute the insurance, bonds, and the Construction Contract.
City of Edmonds KPG, P.S.
Citywide Pedestrian Crossing Enhancements Project Number (City) E7DCli026
Construction Management Services Page I of 7 November 2020
Packet Pg. 26
2.2.a
EXHIBIT A-1
• Consultant will coordinate with WSDOT during audits or traffic control operations related to
project impacts and help the City to complete any other required correspondence with outside
agencies.
• The City will work with the Contractor to conduct all community outreach in relation to phasing
and direct impacts due to construction. The City shall be responsible for the communication to the
community on schedule and work activities.
• Consultant services will be performed in accordance with the WSDOT Lag Manual and
Construction Manual, Contract plans & special provisions, and City of Edmonds engineering
standards.
• The franchise Utilities will provide field inspection for all work surrounding the construction or
relocation of their utility systems if necessary.
• Coordination of construction with franchise utilities, if any, will be done by City Contractor.
Consultant will help facilitate coordination between utilities and Contractor as needed or requested
by City.
II. SCOPE OF WORK
The objective and purpose of this Construction Management Services Agreement is for the Consultant to
successfully deliver the construction of the Project to the City by ensuring that the improvements are
constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that
all of the required Project documentation is accounted for, and ultimately that the City of Edmonds receives
a successful review by WSDOT Local Programs at the end of the Project.
TASK 1— MANAGEMENT / COORDINATION /ADMINISTRATION
Provide overall project management, coordination with the City, monthly progress reports, and invoicing.
This effort will include the following elements.
1.1 Organize and layout work for project staff. Prepare project instructions on contract administration
procedures to be used during construction.
1.2 Review monthly expenditures and CM team scope activities. Prepare and submit monthly project
progress reports to the City along with invoices describing CM services provided each month.
Prepare and submit reporting required by funding source(s), if any.
Deliverables:
• Monthly invoices and progress reports
City of Edmonds KPG, P.S.
Citywide Pedestrian Crossing Enhancements Project Number (City) E7DCli026
Construction Management Services Page 2 of 7 November 2020
Packet Pg. 27
2.2.a
EXHIBIT A-1
TASK 2 — PRECONSTRUCTION SERVICES
2.1 Preconstruction Conference: The City will prepare an agenda for, distribute notices of, and
conduct a preconstruction conference in the City's offices or via an on-line platform of the City's
choice. The Consultant's document control specialist will attend the preconstruction conference.
Pertinent City staff and private utilities will also be present at this meeting. The Consultant will
prepare a written record of the meeting and distribute copies of the minutes to all attendees and
affected agencies, staff, etc.
At the Pre -construction conference, the Consultant shall help facilitate discussions with the
Contractor concerning the plans, specifications, schedules, pay estimate timelines and cutoff dates,
issues with utilities, any unusual conditions, Federal, State, and local requirements and any other
items that will result in better project understanding among the parties involved.
2.2 Review Plans and Specs: The Consultant team will familiarize themselves with all plans, specs,
and City standards that will be incorporated into this project.
2.3 Prepare Hard and Electronic Files: The Consultant will prepare all electronic and hard copy
files in preparation for the project. All files will be labeled and organized in accordance with
WSDOT LAG Manual. This includes pre -populating forms and pay estimate as coordinated with
the City.
Assumptions:
The City will prepare the WSDOT ROM for use in this project. A thorough review of plans and
specs will be done to ensure the ROM captures all materials and bid items for this project. The City
will provide the completed ROM to the Consultant for use during construction. The Consultant will
maintain the ROM per task 4.3 below.
Deliverables:
• Preconstruction conference meeting minutes
TASK 3 — CONSTRUCTION SERVICES — OFFICE
3.1 Document Control. Original documentation will be housed at the Consultant's office and filed in
accordance with standard filing protocol. A copy of working files will be maintained in the field office.
Document Control will consist of the following:
• Final Estimate (Approving Authority File)
• Comparison of Preliminary and Final Quantities (Approving Authority File)
• Final Records as identified in WSDOT LAG (Approving Authority File)
• Record of Material Samples and Tests
City of Edmonds KPG, P.S.
Citywide Pedestrian Crossing Enhancements Project Number (City) E7DC1i026
Construction Management Services Page 3 of 7 November 2020
Packet Pg. 28
2.2.a
EXHIBIT A-1
• Materials Certification
• Affidavit of Wages Paid
• Release for the Protection of Property Owners and General Contractor
• UDBE Documentation (see 4.11 below).
• Certified Payroll (see 4.9 below).
3.2 Project Coordination: Liaison with City, construction Contractor, engineer, utilities and property
owners on a regular basis to discuss project issues and status.
3.3 Plan Interpretations: Provide technical interpretations of the drawings, specifications, and Contract
Documents, and evaluate requested deviations from the approved design or specifications. Coordinate
with City for resolution of issues involving scope, schedule, and/or budget changes.
3.4 Weekly Meetings: City will lead weekly meetings. Consultant will prepare agenda for City review
and distribute meeting minutes to attendees. Outstanding issues to be tracked on a weekly basis.
Weekly Statement of Working Days will be reviewed/accepted by Contractor during the Weekly
Meeting.
3.5 Initial Schedule Review: Consultant shall perform review of Contractor provided CPM for
conformance with the Contract Documents. Any discrepancies, conflicts or unreasonable work
durations will be brought to the attention of the Contactor and City,
3.6 Lump Sum Breakdown: Consultant shall evaluate construction Contractors' Schedule of Values for
lump sum items. Review the Contract Price allocations and verify that such allocations are made in
accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for payment
each month will be calculated with detailed data.
3.7 Monthly Pay Requests: Consultant shall prepare monthly requests for Contractor payment based on E
m
field note records prepared by City (or Consultant) field inspector in accordance with WSDOT LAG L
Manual and current guidelines. Utilize City -provided format for pay estimates. a
3.8 Monthly Schedule Review: Consultant will provide review of Contractor's updated schedule and
compare with field -observed progress. Any discrepancies in durations, workflow, or any changed Q
conditions will be brought to the attention of the Contractor and City.
0
J
3.9 Certified Payroll: The Consultant will Process and check the Contractor and Subcontractor's certified
c
payroll per State and Federal Prevailing Wage Requirements. Tracking of payroll shall consist of 0
E
recording each payroll received from the Prime and Subcontractors and checking pay rates against
Contract requirements. Any discrepancies will be brought to the Contractor and City. Upon review of
the certified payrolls, provide to the City for final review and initialing by City staff. a
3.10 Weekly Statement of Working Days: Consultant shall prepare and issue weekly statement of
working day report each week to the Contractor and City for review and approval. Weekly statement
of working days will be based on field inspection reports provided by City (or Consultant).
City of Edmonds KPG, P.S.
Citywide Pedestrian Crossing Enhancements Project Number (City) E7DCli026
Construction Management Services Page 4 of 7 November 2020
Packet Pg. 29
2.2.a
EXHIBIT A-1
3.11 WSDOT & FHWA Reporting: Prepare and track all necessary reports per WSDOT Highways &
Local Program Requirements. This will include UDBE condition of award tracking throughout the
project, UDBE Reporting, EEO reporting, Training Goal tracking via certified payroll, UDBE on site
reviews conducted by City inspector, and Training Questionnaires. Periodically meet with WSDOT
Highways and Local Programs staff as requested to review project status. Monitor prompt payment to
subcontractors by reviewing WSDOT's Diversity Management & Compliance System (DMCS) weekly
and provide timely written notification to Contractor and City, if there are payment discrepancies with
subcontractors.
3.12 Subcontractor Documentation: Process / approve all required subcontractor documentation.
Request to Sublets will be verified and logged. This includes checking System Award Management
System (SAMS), verifying business licensing, reviewing insurance documentation, verifying city
business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor
documentation will be logged into KPG's subcontractor logs.
3.13 Cost Projections: Prepare up to two cost projections for the project. Projections to be based on
the current amount paid to date, pending change orders, quantity projections, and other information. A
verbal memo to file at substantial completion will be written outlining all the over/under-runs based on
City inspection staff input.
3.14 Audit Oversight: Provide oversight, with City staff, during audits performed by WSDOT Local
Programs and others and make corrections to project documentation as needed. The Consultant will
perform a QA/QC review of the documents with the City's project manager at agreed to intervals
throughout the course of the project and a final review at Physical Completion.
3.15 Physical Completion Letter: Following completion of all punch list work verified by the CIty,
the Consultant shall prepare physical completion letter to the Contractor and the City shall issue the
final contract voucher.
3.16 Project Closeout: Transfer all project documents to the City for permanent storage.
• Schedule review comments
• As -built schedule
• Meeting agendas and notes
• Monthly Pay Estimates
• Subcontractor Packets
• Cost Projection
• Physical Completion Letter
• Final Project Documents —Including WSDOT reporting as shown in section 4.11 above.
City of Edmonds KPG, P.S.
Citywide Pedestrian Crossing Enhancements Project Number (City) E7DCli026
Construction Management Services Page 5 of 7 November 2020
Packet Pg. 30
EXHIBIT A-1
TASK 4 — SUBMITTAL/RFI PROCESSING
4.1 Submittals: City shall take lead on submittal reviews/ approvals. Consultant shall coordinate review
process for shop drawings, samples, traffic control plans, test reports, and other submittals from the
Contractor for compliance with the contract documents. Submittals shall be logged and tracked by
Consultant.
4.2 Request for Information (RFI): City shall review and respond to RFI's. RFI's shall be logged and
tracked by Consultant.
4.3 Record of Materials (ROM): Utilize ROM prepared by WSDOT and update based on Special
Provisions and Plans for use on the project, based on the contract specifications. The ROM will be
maintained by the Consultant. The ROM will track all of the materials delivered to the site including
manufacturer/supplier, approved RAM's, QPL items, material compliance documentation, and all other
required documentation provided by the City inspector (or Consultant). Updates to the ROM will be
provided at each weekly project coordination meeting for review by all parties.
Deliverables:
• Submittal log
• RFI Log
• Completed Record of Material.
Assumptions:
• It is assumed that materials that require fabrication inspection per WSDOT LAG 52.3.32 will be
conducted by WSDOT through a contract with the City. Materials that fall within this category
include: Signal and Illumination poles, structural precast concrete items, and signs.
TASK 5 — CHANGE MANAGEMENT
5.1 Change Orders: The City will develop change orders and the Consultant will provide technical
assistance to negotiate change orders, and assist in resolution of disputes which may occur during the
course of the project. Each change order will be executed in accordance with WSDOT Standard
Specifications and contain the following:
• Change order
• Contractor's Pricing
• Verbal Approval Memo
• Back up documentation, including independent cost estimate and time impact analysis.
5.2 Force Account: The City will track Contractor force account labor, equipment and materials. All force
account calculations will be verified by the City and double checked by the Consultant. The City shall
have final authority to approve any Force Account work prior to agreement with the Contractor.
City of Edmonds KPG, P.S.
Citywide Pedestrian Crossing Enhancements Project Number (City) E7DC1i026
Construction Management Services Page 6 of 7 November 2020
Packet Pg. 31
2.2.a
EXHIBIT A-1
Deliverables:
• Change Order(s) — City Creates, Consultant will assist in the backup information for the C.O. such
as ICE, Justifications, etc...
• Case Management Log — City
• Potential Change Order Log - City
• Force Account Records — Consultant
TASK 6 — ADDITIONAL SERVICES
6.1 Management Reserve: A five percent (5%) fee has been included in the cost for services as a
placeholder and serves as the Management Reserve for the Project. 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.
6.2 Material Testing: HWA Geosciences will be retained as our (KPG) subconsultant to provide material
testing services. All testing will be done in accordance with LAG Manual and WSDOT Construction
Manual.
Additional services requested by the City will be performed only when authorized by the City.
Authorization to perform additional services will be in writing, specifying the work to be performed, and
basis of payment. Items such as Community Outreach (except as completed on a day to day basis by the
inspector and resident engineer as described in task 3.1— vii), Public Meetings, Ribbon Cutting Ceremony,
claims analysis, surveying, services during shutdown periods of non -working days, and services for
extended working days are examples of possible additional services. This fee is based on 1 week prior to
construction, an 80 working day contract, and 2 weeks for closeout, 8 hour days, additional extension of
days will be approximately $1,000.00 per day for one person. (8 hours x $125.00 = $1,000.00)
City of Edmonds KPG, P.S.
Citywide Pedestrian Crossing Enhancements Project Number (City) E7DCli026
Construction Management Services Page 7 of 7 November 2020
Packet Pg. 32
2.2.a
Exhibit B
There is no DBE Goal for this project
DBE Participation
Agreement Number:
Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0110112 Packet Pg. 33
2.2.a
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Dati
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
Please see scope of work
B. Roadway Design Files
ME
C. Computer Aided Drafting Files
N/A
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0110112 Packet Pg. 34
D. Specify the Agency's Right to Review Product with the Consultant
Agency retains the right to review all deliverables as stated in the Scope of Work and as indication in the
Agreement.
E. Specify the Electronic Deliverables to Be Provided to the Agency
See scope of work
F. Specify What Agency Furnished Services and Information Is to Be Provided
See scope of work
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0110112 Packet Pg. 35
2.2.a
II. Any Other Electronic Files to Be Provided
See scope of work
III. Methods to Electronically Exchange Data
Email (15 GB Max)
Pre -Approved Client or Consultant hosted FTP/Online Exchange Site
City Approved "BOX.COM" services
Compact Dicsc/DVD
Flash Drive
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0110112 Packet Pg. 36
2.2.a
A. Agency Software Suite
Microsoft Office
B. Electronic Messaging System
Microsoft Outlook
C. File Transfers Format
See scope of work
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0110112 Packet Pg. 37
2.2.a
Exhibit D
See attached:
- Fee Estimate
- Billing Rates
- WSDOT Overhead Rate Letter
Prime Consultant Cost Computation;
Agreement Number:
Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0110112 Packet Pg. 38
2.2.a
Client: City of Edmonds
Project: Citywide Pedeslrain Crossing Enhancements
CITY PROJECT NUMBER: E7DC/i026
FED AID NUMBER: SRTS-365(013)
KPG PROJECT NUMBER: 20067
Approx. 80 working days + 5 days startup and 12 days closeout
DATE: 11/2/2020
Task No.
Task Description
Labor Hour Estimate
Total Hours and Labor Fee Estimate
by Task
Principal
Construction
Manager
Engineer of
Record
Project
Engineer
Design
Engineer
Project
Landscape
Architect
Resident Engineer
Document
Control
Admin
Senior
Construction
Observer
Construction
Observer II
Senior Admin
247
169
222
138
114
128
123
75
140
112
101
Hours Fee
Task 1 - MANAGEMENT / COORDINATION /ADMINISTRATION
1.1
Project Management and Administrative Services
I
I
I
I
I
I
1
1 8
1 16
$ 2,165.58
1.2
Prepare, review and submit monthly expenditures
1
1 S
1
1
1
1
1
1
1
1
1 16
1 24
$ 2,976.31
Task Total
0
16
0
0
0
0
0
0
0
0
1 24
1 40
$ 5,141.89
Task 2 - Preconstruction Services
2.1
construction Conference
4
4
$ 490.01
2.2
evPre
Riew Plans and Specs
12
12
$ 1,470.04
2.3
Prepare Hard and Electronic Files
8
8
$ 980.03
Task Total
0
0
0
0
0
0
24
0
0
0
0
24
$ 2,940.08
Task 3 - Construction Services - Office
3.1
Document Control
248
248
$ 30,380.79
3.2
Project Coordination
20
20
$ 2,450.06
3.3
Plan Interpretations
16
16
$ 1,960.05
3.4
Wet kl Meetin s 16 Weeks
24
24
$ 2,940.08
3.5
Initial Scheudle Review
8
8
$ 980.03
3.6
Lump Sum Breakdown
8
8
$ 980.03
3.7
Monthly Pay Requests (Approx. 5 P.E.)
24
24
$ 2,940.08
3.8
Monthly Schedule Review 4 update reviews
16
16
$ 1,960.05
3.9
Certified Payroll
0
80
80
$ 5,962.46
3.10
Weekly Statement of Working Days 16 Weeks)
16
16
$ 1,960.05
3.11
WSDOT & FHWA Reporting
40
40
$ 4,900.13
3.12
Subcontractor Documentation
24
24
$ 2,940.08
3.13
Cost Projections - 2 Each
8
8
$ 980.03
3.14
Audit Oversight
40
40
$ 4,900.13
3.15
Physical Completion Letter
1
1
$ 122.50
3.16
Project Closeout
60
60
$ 7,350.19
0
$
Task Total
0
0
0
0
0
0
553
1 80
1 0
0
0
633
1 $ 73,706.72
Task 4 - Submittal/RFI Processing
4.1
Submittals
1
40
1
40
$ 4,900.13
4.2
Request For Information RFI
16
16
1 $ 1,960.05
4.3
Record of Materials (ROM)
1
40
1
40
1 $ 4,900.13
Task Total
0
0
0
1 0
1 0
1 0
96
0
1 0
1 0
1 0
1 96
Is 11,760.31
Task 5 - Change Management
5.1
Change Orders
16
16
$ 1,960.05
5.2
Force Account
8
8
1 $ 980.03
0
$
Task Total
0
0
0
0
0
0
24
0
0
0
0
24
$ 2,940.08
Total Labor Hours
1 0
1 16
1 0
1 0
1 0
1 0
1 697
1 80
1 0
1 0
1 24
1 817
Total Labor Fee
0
2,710
1 0
0
0
0
85,385
5,962
0
0
2,432
817
1 $ 96,489.07
Task 6 - Additional Services
6.1 Management Reserve 5 % of Total Budget) 0 is 4,824.45
Task Total 0 0 0 0 0 0 0 0 0 0 0 0 1 $ 4,824.45
Subconsultants
6.2 Materials Testing
$ 10,000.00
Total Subconsultant Expense
1 $ 10,000.00
Reimbursable Direct Non -Salary Costs
Miles eat current IRS rate
$ 500.00
Office Supply Allowance
$ 250.00
Total Reimbursable Expense
$ 750.00
Total Estimated Budget
1 $ 112,063.53
Packet Pg- 39
2.2.a
Hourly rates are based on the following:
Direct Salary Costs
88.45
60.58
79.55
49.29
40.87
45.67
43.82
26.66
50.00
39.90
36.25
Overhead @ 154.56%
$ 136.71
$ 93.63
$ 122.95
$ 76.16
$ 63.17
$ 70.59
$ 67.73
$ 41.21
$ 77.28
$ 61.67
$ 56.03
Fixed Fee @ 25%
$ 22.11
$ 15.15
$ 19.89
$ 12.32
$ 10.22
$ 11.42
$ 10.96
$ 6.67
$ 12.50
$ 9.98
$ 9.06
Total Labor Rate
$ 247.27
$ 169.36
$ 222.39
$ 137.80
$ 114.26
$ 127.68
$ 122.50
$ 74.53
$ 139.78
$ 111.54
$ 101.34
Packet-Pg. 40
2.2.a
KPG, PS
Summary of Negotiated Costs
Effective January 1, 2020 through December 31, 2020
Classification
Est Direct Salary
Costs (DSC)
Office Overhead
@1.5456
1.5456
Of DSC
Fee @ 25 % of DL
25 %
of DSC
2020 Inclusive Rate
(Rounded to $1)
Principal
Engineering Manager
88.45
79.55
136.71
122.95
22.11
19.89
247
222
Senior Engineer
65.67
101.50
16.42
184
Sr. Project Engineer
57.69
89.17
14.42
161
Project Engineer
49.29
76.18
12.32
138
Design Engineer
40.87
63.17
10.22
114
Engineering Technician
33.65
52.01
8.41
94
Technician
32.31
49.94
8.08
90
Engineering Assistant
29.06
44.92
7.27
81
Principal Architect
75.72
117.03
18.93
212
Aviation Manager
59.13
91.39
14.78
165
Senior Architect
53.51
82.71
13.38
150
Architecture Technician II
40.84
63.12
10.21
114
Architecture Technician 1
32.21
49.78
8.05
90
Survey Manager
79.55
122.95
19.89
222
Survey Crew II (W/Equip)
77.00
119.01
19.25
215
Survey Crew I (W/Equip)
60.00
92.74
15.00
168
Project Surveyor
49.98
77.25
12.50
140
Senior Field Surveyor
41.47
64.10
10.37
116
Field Surveyor
37.53
58.01
9.38
105
Senior Survey Technician
41.27
63.79
10.32
115
Survey Technician
33.82
52.27
8.46
95
Survey Assistant
27.00
41.73
6.75
75
Urban Design Manager
62.94
97.28
15.73
176
Project Landscape Architect
45.67
70.59
11.42
128
Landscape Technician
32.19
49.75
8.05
90
Senior Transportation Planner
53.85
83.23
13.46
151
Transportation Planner
35.13
54.30
8.78
98
Senior Construction Manager
75.76
117.09
18.94
212
Construction Manager
60.58
93.63
15.15
169
Senior Resident Engineer
50.00
77.28
12.50
140
Resident Engineer
43.82
67.73
10.96
123
Assistant Resident Engineer
44.92
69.43
11.23
126
Senior Construction Observer
50.00
77.28
12.50
140
Construction Observer II
39.90
61.67
9.98
112
Construction Observer 1
32.00
49.46
8.00
89
Construction Technician
29.06
44.92
7.27
81
Document Control Specialist
39.43
60.94
9.86
110
Document Control Admin
26.66
41.21
6.67
75
Construction Assistant
24.00
37.09
6.00
67
CAD Manager
57.11
88.27
14.28
160
Senior CAD Technician
43.22
66.80
10.81
121
CAD Technician
36.28
56.07
9.07
101
Business Manager
56.27
86.97
14.07
157
Senior Admin
36.25
56.03
9.06
101
Office Admin
31.00
47.91
7.75
87
Office Assistant
26.00
40.19
6.50
73
Subs billed at cost plus 5%.
Reimbursables billed at actual costs.
Mileage billed at the current approved IRS mileage rate.
Q
Packet Pg. 41
2.2.a
MWashington State
Department of Transportation
April 23, 2020
KPG, P.S.
3131 Elliott Avenue, Suite 400
Seattle, WA 98121
Development Division
Contract Services Office
PO Box 47408
Olympia, WA 98504-7408
7345 Underson Way SW
Tumwater, WA 98501-6504
TTY: 1-800-833-6388
www.wsdot.wa.gov
Subject: Acceptance FYE 2019 ICR — Risk Assessment Review
Dear Susan 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 2019 ICR of 154.56%. This rate will be applicable for Local Agency Contracts in
Washington only. This rate 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
con su ltantrates(a)wsdot.w a.gov.
Regards;
Jonson, Erik
�t' Apr 27 2020 8:46 AM
ERIK K. JONSON
Contract Services Manager
EKJ: ah
Cosign
Packet Pg. 42
2.2.a
Exhibit E
Sub -consultant Cost Computation;
The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT
without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this
AGREEMENT.
HWA - Materials Testing / NTE $10,000
Agreement Number:
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0110112 Packet Pg. 43
Project Cost Estimate
Construction Inspection Services
Edmonds Citywide Pedestrian Enhancemants
Edmonds, Washington
Prepared For: Terri Sims, KPG
PROPOSED WORK SCOPE:
GEOSCIENCES INC.
DBE/MW BE
HWA Ref: 2020-132
Task Order:
Date: 5-Nov-20
Prepared By: BKH/BS
This cost estimate is based on Plans and Specifications obtained from Builder's Exchange and information from the Client.
The Scope of Services include:
1. Periodic Inspection and testing of compacted stormwater trench backfill, curb/gutter, sidewalk and driveway base, wall backfill, and HMA materials.
Material Samples collected at Pit/plant.
2. Periodic concrete testing for curb/gutter, ADA ramps, illumination/signal pole foundations, and driveways.
3. Inspection and testing of compacted CSTC for roadway and ramp support.
4. Inspection and testing of HMA placement and compaction (minimum: one test per 100 tons).
5. Written field reports will be prepared for all inspections and reviewed for QC.
Material Testing - ESTIMATED HWA LABOR:
Scope of Services
2020 PERSONNEL & HOURLY RATES
Geol VIII
$70.00
Engr. VII
$70.00
Inspector
$30.00
Clerical
$25.00
TOTAL
HOURS
TOTAL
AMOUNT
Soils QA Inspection and Testing, including:
Aggregate Sampling Assumes 1 trip to 1 pits and one HMA plant)
4
4
$120
Compaction of CSTC placed as Stone backfill, and for curb/gutter and driveway. 6 visits
22
22
$660
HMA Compaction (2 visits to site and one to plant for Rice, Extraction/Gradation sample)
14
14
$420
Sampling and Testing of Concrete for Curbs, sidewalks and Driveway (3 visits/3 pickups)
15
15
$450
Geotechnical Consultation & Project Management
Project Management.
1
3
4
$280
QA Review, Reporting, and Report Distribution
1
4
1
6
$375
DIRECT SALARY COST
2
1 7
55
1 1
1 65
1 $2,305
Material Testing - LABORATORY TESTING ESTIMATE:
LABORATORY EXPENSE DESCRIPTION
Est No.
Unit Test
TOTAL
CSTC Acceptance Testing FF, SE, Gradation 1 sample
1
$340
$340
Gravel Backfill for Walls Acceptance Testing (SE, Gradation) 1 sample
1
$285
$285
Proctor Value for all aggregates to be used (2 samples)
2
$255
$510
Extraction/Gradation and Rice Density of HMA
1
$320
$320
Concrete compressive strength testing (3 sets x 4 per set)
12
$30
$360
LABORATORY TOTAL:
Edmonds Citywide Crosswalk Enhancement
1 of 2
$1 815
HWA GeoSciences Inc.
2.2.a
Packet Pg. 44
2.2.a
EXHIBIT A (Continued)
EXPENSES:
EXPENSE
DESCRIPTION
Total
Cost
Nuke gauge rental ($40/Da ), assuming 8 days
$320
Mileage to and from the job site
$350
Mileage for HMA and aggregate sampling, assuming 3 trips
$120
EXPENSE TOTAL:
ESTIMATED PROJECT TOTALS AND SUMMARY:
$790
Direct Salary Cost (DSC)
$2,305
OH @ 1.9486 * DSC
$4,492
FF @ 25% * DSC
$576
Total Labor Cost
$7,373
Laboratory Testing
$1,815
Direct Expenses
$790
ESTIMATED PROJECT TOTAL:
$9,978
Assumptions:
1. These estimates may require adjustment due to the Contractor's rate of construction, weather delays, night work and/or other factors beyond our control.
2. The HWA PM reserves the right to shift hours between the various subtasks as required.
3. The HWA work scope does not include safety assessment nor work pertaining to any environmental issues.
4. This cost estimate was prepared with the understanding that the Client will schedule inspection as needed.
5. All night work is charged at an 8 hour minimum segment. Night work cancelled within 12 hrs of scheduled time will be charged 4 hrs.
6. Geotechnical consulting, Submittal and RAM review is not included.
Packet Pg. 45
2.2.a
Aalk
Washington State
Department of Transportation
June 26, 2020
HWA GeoSciences, Inc.
21312 Vh Drive SE, Suite 110
Bothell, WA 98021
Subject: Acceptance FYE 2019 ICR — CPA Report
Dear Vasiliy Babko:
Development Division
Contract Services Office
PO Box 47408
Olympia, WA 98504-7408
7345 landerson Way SW
Tumwater, WA 98501-6504
TTY:1-800-833-6388
www.wsdot.wa.gov
We have accepted your firms FYE 2019 Indirect Cost Rate (ICR) of 194.86% of direct
labor (rate includes 0.41% Facilities Capital Cost of Money) based on the "Independent
CPA Report," prepared by T-MAX CPA. This rate will be applicable for WSDOT
Agreements and Local Agency Contracts in Washington only. This rate 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 the 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
consultantratesAwsdot.wa.2ov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
Packet Pg. 46
2.2.a
Exhibit F
Title Vl Assurance:
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 3
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
a
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
Y
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
3
made to obtain the information.
a
5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non-
E
a)
a�
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions
a
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
0
complies, and/or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
J
6. 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
E
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
a
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. Agreement Number:
Exhibit F - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0110112 Packet Pg. 47
2.2.a
Exhibit G
Certification Document:
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of City of Edmonds
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
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/ Packet Pg. 48
2.2.a
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
whose address is
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
KPG, P.S.
Consultant (Firm Name)
11/5/2020
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/ Packet Pg. 49
2.2.a
Exhibit G-1(b) Certification of
I hereby certify that I am the:
❑i Certified Authority
❑ Other
of the City of Edmonds , and
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature
Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01 Packet Pg. 50
2.2.a
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 judgmer
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)
11 /5/2020
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01 Packet Pg. 51
2.2.a
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:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000,
and that all such sub -recipients shall certify and disclose accordingly.
KPG, P.S.
Consultant (Firm Name)
-- - 11/5/2020
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01 Packet Pg. 52
2.2.a
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of City Wide Pedestrian Crossing * are accurate, complete, and current
as of **.
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: KPG, P.S.
Project Manager
Signature Title
Date of Execution***:
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01 Packet Pg. 53
2.2.a
Exhibit H
Liability Insurance Increas(
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 $ N/A
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $ N/A
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: $ N/A
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
Agreement Number:
Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0110112 Packet Pg. 54
2.2.a
Exhibit I
Alleged Consultant Design Error Procedure:
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
a
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0110112 Packet Pg. 55
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 01/01/2 Packet Pg. 56
2.2.a
Exhibit J
Consultant Claim Procedure!
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
2
claim by the consultant.
v
r
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
E
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of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
z
is the request for consideration of the claim to the Agency's project manager.
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The consultant's claim must outline the following:
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• Summation of hours by classification for each firm that is included in the claim;
v
• Any correspondence that directed the consultant to perform the additional work;
L
• 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
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the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
3
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
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After the consultant has completed step 1, the next step in the process is to forward the request to the
3
Agency's project manager. The project manager will review the consultant's claim and will met with the
a
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
E
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
2�
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Q
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
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agency funds.
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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
0
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
E
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
0
the agreement is subject to audit. No further action in needed regarding the claim procedures.
a
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0110112 Packet Pg. 57
2.2.a
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• 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.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0110112 Packet Pg. 58
2.3
City Council Agenda Item
Meeting Date: 11/12/2020
Presentation of a Supplemental Agreement with KPG for the Citywide Pedestrian Crossing
Enhancements
Staff Lead: Rob English
Department: Engineering
Preparer: Scott Passey
Background/History
On November 19, 2019, Council authorized the Mayor to sign Supplemental Agreement #2 with KPG.
Staff Recommendation
Forward this item to the consent agenda for City Council approval at the November 17th meeting.
Narrative
This project will provide safety improvements at nine pedestrian crossings through the installation of
pedestrian -actuated rectangular rapid flashing beacons (RRFB), pedestrian HAWK signal, bulb -outs,
pavement markings, signs, lighting and conversion of an existing emergency traffic signal to a fully -
actuated traffic signal with pedestrian phasing. The locations are:
SR-104 @ 232nd St. SW;
SR-524 @ 841" Ave. W (HAWK signal);
SR-524 @ 7t" Ave. N;
76t" Ave. W @ 206t" St. SW;
229t" PI. W @ 106t" Ave. W;
Dayton St. @ 2nd Ave. W;
Dayton St. @ Private Driveway.;
Walnut St. @ 81" Ave S; and
Main St. @ Olympic Ave.
This supplemental agreement extends the KPG contract from December 31, 2020 to December 31, 2021
and includes the completion of the construction support services. The project was advertised on
October 291", 2020 and bid opening is scheduled for November 19, 2020. The funding sources for this
project are through a secured Safe Routes to School grant ($1.49 Million), Fund 125 ($58,040), Fund 126
(429,000) and Fund 422 ($51,000).
The supplemental agreement will provide professional services to complete the following tasks:
Bid Assistance (Prepare Addenda and response to bidder inquiries)
Construction support services
o Pre -construction meeting attendance;
o On -Call field support;
o Review and approve material submittals
Packet Pg. 59
2.3
o Review and respond to Request for Information by Contractor;
o Provide assistance with Field Directives / Change orders; and
o Record Drawings.
Staff and the consultant have agreed on a scope of services and budget for the project, in the amount of
$36,497 (including $6,083 in management reserve). The project will be suspended shortly after Notice to
Proceed is issued to procure the traffic signal poles and equipment (approximately 5 to 6-month
duration). The project will come out of suspension in Spring 2021 and will take 4 to 5 months to
complete.
Attachments:
Supplement Agreement
Packet Pg. 60
2.3.a
Adw
Washington State
Department of Transportation
Supplemental Agreement
Organization and Address
Number #3
KPG, PS
3131 Elliott Ave, Suite 400
Seattle, WA 98121
Original Agreement Number
Phone: (206) 354-6471
Project Number
Execution Date
Completion Date
0365(013)
May 21, 2018
December 31, 2021
Project Title
New Maximum Amount Payable
Citywide Crossing Enhancements
$387,251.63
Description of Work
Improve pedestrian safety at 9 locations within the City through signal modifications, installation of High intensity Activated
CrossWalK (HAWK) signals, installation of Rectangular Rapid Flash Beacons (RRFBs), installation of new curb ramps, sidewalks,
curb bulbs and center medians, and installation of new roadway channelization and signage. The work in this contract includes:
survey and basemapping of the 9 sites, preliminary and final design and cost estimates, geotechnical exploration, right of way
acquisition services, production of bid documents, public outreach, and WSDOT coordination.
The Local Agency of City of Edmonds
desires to supplement the agreement entered in to with KPG, PS
and executed on May 21, 2018 and identified as Agreement No.
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
The scope has been amended to include on -call engineering support services during construction. See Exhibit A-1 for the detailed
scope or work.
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: The revised project completion date is December 31 2021
III
Section V, PAYMENT, shall be amended as follows:
The contract amount has been increased by a total of $36,496.66. See Exhibit B-1 for the detailed fee estimate.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By. N ndez Miller Sr. Project Manager
Consult nt ignature
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Approving Authority Signature
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DOT Form 140-063
Revised 09/2005
Packet Pg. 61
2.3.a
Exhibit A-1
City of Edmonds
Citywide Crosswalk Enhancements Project
Supplement No. 3
Construction Engineering Support
Scope of work
November 2, 2020
This supplement is provided to provide on -call engineering support during construction of the
Citywide Crosswalk Enhancements Project.
Construction Engineering Support
The Consultant shall provide on -call Construction Engineering support services for the advertised
sites of the Citywide Crosswalk Enhancements Project. All effort on this project will be as
requested by the City. It is anticipated that budgets between Tasks will be adjusted as required to
provide the requested services. The Consultant shall provide notification and receive written
approval prior to exceeding the approved total project budget. The scope of services and
associated cost of services (Exhibit B-2) are based upon the assumptions outlined below.
SA3-1 The Consultant shall provide project management of consultant staff and prepare progress
reports to be included with the monthly invoices.
SA3-2 The Consultant shall provide assistance during bidding by responding to bidder inquiries
and preparing project addenda.
SA3-3 Prepare for and attend pre -construction conference with the City, Contractor, and affected
utilities. Meeting arrangements will be by the City.
The Consultant shall provide the on -call field support to the City for the duration of
construction. The level of effort for field support time is estimated at 3 site visits.
The Consultant shall review material submittals and RFI's provided by the Contractor as
requested by the City. Only Submittal reviews pertaining to signals and wall installation
shall be reviewed by the Consultant. All other submittals shall be reviewed by the
Construction Services Team.
The Consultant shall review change conditions as they arise and make recommendation to
the City for field changes/change orders.
Prepare Record Drawings for the Citywide Crosswalk Enhancements Project based on
redline drawings provided by the City/Contractor.
Deliverables:
Items to be provided by the Consultant:
• Submittal and RFI responses
• Documentation from site meetings, change conditions, and field directives.
• Field Directive and Change order graphics
• Full size Record Drawings (PDF and CADD versions)
Packet Pg. 62
2.3.a
Management Reserve
Management reserve will be used to address potential unforeseen design changes, construction
support and/or survey needs as mutually agreed upon by the City and the Consultant. No work will
be billed to this task without prior authorization from the City. A fee estimate will be developed at
the time the work is requested.
Packet Pg. 63
2.3.a
HOUR AND FEE ESTIMATE
Project: City of Edmonds
Citywide Crosswalk Enhancements
Construction Engeineering Support
Exhibit B-1
X-C PG
♦ kmhitectum
Landscape Architecture
♦ Civil Engineering
Task Description
Labor Hour Estimate
Total Fee
SENIOR
ENG/SRVY
$ 251.69
PM/
SNR ENG
$ 226.37
SURVEY
CREW
$ 219.11
PROJECT
ENG/LA
$ 140.26
DESIGN
ENG/LA
$ 116.30
OFFICE
ADMIN
$ 103.15
Fee
Task SA 3-1 - Management/Coordination/Administration
Administrative Services & Invoicing (6 months)
0
3
0
0
0
6
$ 1,298.02
Staffing Coordination, Scheduling & Budgeting
0
3
0
0
0
0
$ 679.10
Task Total
0
6
0
0
0
6
$ 1,977.12
Task SA3-2 - Bid Assistance
Respond to
Task Total
Tnak SA3_R - ('-frurfinn Ai nnnrt Sarvirac
Attend Pre-Contruction Meeting
0
4
0
2
0
0
$ 1,185.99
On Call Field Support (assumes 3 site visits)
0
6
8
6
0
0
$ 3,952.65
Submittal and RFI Responses
0
10
0
8
4
0
$ 3,850.95
Field Directives/Change Order
4
12
0
24
40
0
$ 11,741.40
Prepare Record Drawings
0
2
0
8
40
0
$ 6,226.80
Task Total
4
30
8
46
84
0
$ 26,957.79
TOTAL ESTIMATED FEE:
$30,413.89
Management Reserve (20%)
$6,082.78
TOTAL CONTRACT FEE
$36,496.66
HourIV rates are based on the following --
Direct Salary Costs
88.45 1
79.551
77.00 1
49.291
40.87 1
36.25
Overhead @ 154.56%
$ 136.71 1 $
122.951 $
119.01 1
$ 76.18 1 $
63.171
$ 56.03 154.56%
Fixed Fee @ 30%
$ 26.54 $
23.87 $
23.10
$ 14.79 $
12.26
$ 10.88 30.00%
Total Labor Rate
251.691 $
226.37
219.11
140.261 $
116.301
$ 103.15
Senior Project Survey Crew Project Design Admin
Engineer/ Manager/ Engineer/ EngineedLA Staff
Survey Lead Senior Engineer Landscape Architect (LA)
City of Edmonds
Citywide Crosswalk Enhancements
Packet Pg. 64
2.4
City Council Agenda Item
Meeting Date: 11/12/2020
Presentation of a Supplemental Agreement with WHPacific for the 84th Ave Overlay Project
Staff Lead: Rob English
Department: Engineering
Preparer: Scott Passey
Background/History
On March 17, 2020, City Council approved Supplemental Agreement No.2 with WHPacific, Inc. for the
84th Ave Overlay Project.
Staff Recommendation
Forward this item to the consent agenda for City Council approval at the November 17th meeting.
Narrative
The 84th Ave Overlay project provided a pavement overlay on 84th Ave from 220th to 212th Streets.
The project also upgraded non -compliant ADA pedestrian curb ramps, replaced a failing storm line
between 216th and 220th Streets and installed solar -powered pedestrian -actuated beacons for an
existing mid -block crosswalk adjacent to Chase Lake Elementary School.
Construction started in September 2019 and the contractor reached substantial completion earlier this
year. There are several minor work items that remain before the City can issue physical completion (the
completion of all construction work).
In October, the City was notified that the prime contractor (A&M Construction) has defaulted on the
remaining contract work and owes money to subcontractors. The City is in the process of transferring
the remaining work and payment issues to the Surety Company who provided the performance bond.
The proposed Supplement with WHPacific will extend the agreement to June 31, 2021 and provide
$7,874.17 in additional budget to address a WSDOT audit or assist with the transfer of work to the
Surety Company.
Attachments:
WHPacific Supplemental Agreement
Packet Pg. 65
Adft
CPWashington State
Department of Transportation
Supplemental Agreement
Organization and Address
Number 3
WHPacific, Inc
19201 120th Ave NE, ste 201
Original Agreement Number
Bothell, WA 98011
1
Phone: 425 951-4800
Project Number
Execution Date
Completion Date
STPUL 2509(001)
June 30, 2021
Project Title
New Maximum Amount Payable
84th Ave W overlay
$120,864
Description of Work
Provide construction management services.
The Local Agency of City of Edmonds
desires to supplement the agreement entered in to with WHPacific
and executed on July 22,2019 and identified as Agreement No. 1
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
Adds time and budget for full review of the contract documents to meet federal guidelines. Prime contractor is bankrupt, therefore
WHPacific will need to work with the bonding company as well as WSDOT for federal auditing.
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: is extended to 6/30/2021
III
Section V, PAYMENT, shall be amended as follows:
Adds $7,874 to the contact see attachment Exhibit D-2
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
M
Approving Authority Signature
DOT Form 140-063
Revised 0912005
Packet Pg. 66
EXHIBIT D.2
WHPitcffic
AN HIV 5 COMPANY
Client: City of Edmonds
Project: 84th Avenue West Overlay
LABOR
CONSULTANT FEE ESTIMATE
Construction Management Services Supplement #3
Construction
Principal
$65.00
PM/
Documentation
$57.00
Project
Inspector
$47.00
Project
Coordinator
$39.44
100
Preconstruction
0
$
-
$0.00
$0.00
$0.00
$0.00
200
lConstruction Management Administration
0
40
0
8
48
$
2,595.52
$0.00
$2,280.00
$0.00
$315.52
300
Construction Field Services
0
0
$
-
$0.00
$0.00
$0.00
$0.00
400
Materials
0
0
$
-
$0.00
1 $0.00
1 $0.00
1 $0.00
500
Project Completion
0
$
-
$0.00
$0.00
$0.00
$0.00
Labor Subtotal (Hours)
0
40
0
8
48
Labor Cost Subtotal
$0.00
$2,280.00
1 $0.00
1 $315.52
1
1 $
2,595.52
EXPENSES:
ITEM
Mileage
HWA
Management Reserve
Overhead Percentage:
Fixed Fee Percentage:
QUANTITY
100
1
181.16% x Direct Salary Cost (DSC) =
1 20.00%1 x Direct Salary Cost (DSC) =
Labor Total =
UNIT COST
$0.575
$0.00
$0.00
$ 4,702.04
$ 519.10
$ 7,816.67
EXPENSES COST
$ 57.50
$ -
$ -
TOTAL PROJECT FEE _
$
7,874.17
2.4.a
P:\Edmonds, City of WA\P0023735W\500 Monitoring & Controlling\550 Contract Amdmnt Change Order\CO#3 Oct2020\CM supplement #3 10-12-2020.xlsx
Packet Pg. 67
2.5
City Council Agenda Item
Meeting Date: 11/12/2020
Presentation of Professional Services Agreement with Tetra Tech, Inc. for design of the Seaview Park
Infiltration Facility Phase 2 Project
Staff Lead: Rob English
Department: Engineering
Preparer: Scott Passey
Background/History
On February 4, 2020, City Council approved the grant agreement for the Seaview Park Infiltration Facility
Phase 2 Project.
Staff Recommendation
Forward this item to the consent agenda for City Council approval at the November 17th meeting.
Narrative
Perrinville Creek has been a routine maintenance issue for the City stormwater division and continues to
push large amounts of sediment through the stream corridor. High velocities of this highly urbanized
stream lead to excessive erosion along the steep sandy bluffs which border much of the stream corridor.
The City had previously studied the basin and established that the most feasible approach for addressing
the high amounts of sediment in the creek, was to reduce flow velocities.
Staff then moved forward with one of the recommended projects and the City designed and installed
the Seaview Park Infiltration Facility (Phase 1) in a portion of the city -owned Seaview Park parking lot
area. The project pulls a portion of flow out of the existing storm drain system with a flow splitter, to be
routed through a water quality treatment device, then routed to a Storm -chamber distribution pipe, set
above 4 UIC wells drilled through the confining layers of soils, in order to allow infiltration in the deeper,
more suitable layers. The project was completed in 2019.
A State grant has been secured, and the grant agreement was previously approved by City Council, to
construct a second phase of that project which will be nearly identical, but on the other half of the
parking lot at Seaview Park. The grant will provide 75% of the estimated project costs. The remaining
25% local match will be funded by the Stormwater Utility Fund.
Staff advertised the project to qualified designers and received only one SOQ for this project, from Terta
Tech, Inc. Tetra Tech designed Phase 1 and the project manager from Phase 1 has been retained on the
Phase 2 team.
The requested contract authority and scope represents all engineering work anticipated in order to
design the project, advertise the project for construction bids, provide engineering support during
construction and develop reports to comply with grant requirements. The contract includes an
additional 10% management reserve for unforeseen conditions or design conflicts. It also includes all
geotechnical special inspections needed during construction of the project; additional staff or contracts
will be needed for a full-time construction inspector.
Packet Pg. 68
2.5
The contract fee will not exceed $225,479. This value is below the estimated cost used in the grant
application and is fully within the current project budget.
Attachments:
Tetra Tech Professional Services Agreement
Packet Pg. 69
2.5.a
1: !, .
CITY OF EDMONDS
121 5T" AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-672-5750
Website: www.edmondswa.gov
PUBLIC WORKS DEPARTMENT
Engineering Division
PROFESSIONAL SERVICES
AGREEMENT
MIKE NELSON
MAYOR
THIS AGREEMENT ("Agreement") is made and entered into between the City of
Edmonds, hereinafter referred to as the "City," and Tetra Tech, Inc., hereinafter referred to as the
"Consultant."
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide design engineering services with respect to the Seaview Park Infiltration
Facility Phase 2 project; and
WHEREAS, the Consultant has the necessary skills and experience, and desires to provide
such services to the City;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties hereto as follows:
I . Scope of work. The scope of work shall include all services and material necessary
to accomplish the above mentioned objectives in accordance with the Scope of Work that is
marked as Exhibit A, attached hereto and incorporated herein by this reference.
2. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be on
a time and expense basis as set forth in Exhibit B, attached hereto and incorporated herein by this
reference; provided, in no event shall the payment for work performed pursuant to this Agreement
exceed the sum of TWO HUNDRED AND TWENTY FIVE THOUSAND AND FOUR
HUNDRED AND SEVENTY NINE DOLLARS ($225,479.00).
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process. No billing shall be considered for payment that
has not been submitted to the City three days prior to the scheduled cut-off date. Such late
vouchers will be checked by the City and payment will be made in the next regular payment cycle.
Packet Pg. 70
2.5.a
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
3. Ownership and use of documents. All research, tests, surveys, preliminary data,
reports, and any and all other work product prepared or gathered by the Consultant in preparation
for the services rendered by the Consultant under this Agreement shall be and are the property of
the Consultant, provided, however, that:
A. All final reports, presentations, documentation and testimony prepared by
the Consultant shall become the property of the City upon their presentation to and acceptance by
the City and shall at that date become the property of the City.
B. The City shall have the right, upon reasonable request, to inspect, review
and copy any work product during normal office hours. Documents prepared under this
Agreement and in the possession of the Consultant may be subject to public records request and
release under Chapter 42.56 RCW.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this Agreement shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of work done shall be prepared
at no additional cost.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly in accordance with the receipt of the required governmental approvals.
5. Indemnification / Hold harmless agreement. The Consultant shall defend,
indemnify and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts,
errors or omissions of the Consultant in the performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City. Should a court of competent jurisdiction
determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of the Consultant and the City, its officers, officials, employees, and
volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be
only to the extent of the Consultant's negligence.
The Consultant shall comply with all applicable sections of the applicable Ethics laws, including
RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The
Consultant specifically assumes potential liability for actions brought by the Consultant's own
employees against the City and, solely for the purpose of this indemnification and defense, the
Consultant specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated by the parties. The provisions of this section
shall survive the expiration or termination of this Agreement.
Packet Pg. 71
2.5.a
6. General and professional liability insurance. The Consultant shall obtain and
keep in force during the term of this Agreement, or as otherwise required, the following insurance
with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the State.
B. Commercial general liability and property damage insurance in an aggregate amount not
less than two million dollars ($2,000,000) for bodily injury, including death and property
damage. The per occurrence amount shall be written with limits no less than one million
dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million
dollar ($1,000,000) combined single limit.
D. Professional liability insurance in the amount of one million dollars ($1,000,000).
Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by
the Consultant, the City will be named on all policies as an additional insured. The Consultant
shall furnish the City with verification of insurance and endorsements required by the Agreement.
The City 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 days of the execution of this Agreement to the City.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to
the City.
The Consultant's professional liability to the City shall be limited to the amount payable under this
Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified
elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties
be limited in any way.
7. Discrimination prohibited. The Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, national origin, age, sex,
sexual orientation, marital status, veteran status, liability for service in the armed forces of the
United States, disability, or the presence of any sensory, mental or physical handicap, or any other
protected class status, unless based upon a bona fide occupational qualification.
8. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. The Consultant shall be solely responsible for all acts of its agents, employees,
representatives and subcontractors during the performance of this Agreement.
9. City approval of work and relationships. Notwithstanding the Consultant's
status as an independent contractor, results of the work performed pursuant to this Agreement must
meet the approval of the City. During pendency of this Agreement, the Consultant shall not
perform work for any party with respect to any property located within the City of Edmonds or for
any project subject to the administrative or quasijudicial review of the City without written
notification to the City and the City's prior written consent.
Packet Pg. 72
2.5.a
10. Termination. This being an Agreement for professional services, either party may
terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten (10) days in advance of the effective date of said termination.
11. Integration. The Agreement between the parties shall consist of this document,
its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto as attached hereto
as Exhibits A and B. These writings constitute the entire Agreement of the parties and shall not
be amended except by a writing executed by both parties. In the event of any conflict between this
written Agreement and any provision of Exhibit A or B, this Agreement shall control.
12. Changes/Additional Work. The City may engage the Consultant to perform
services in addition to those listed in this Agreement, and the Consultant will be entitled to
additional compensation for authorized additional services or materials. The City shall not be
liable for additional compensation until and unless any and all additional work and compensation
is approved in advance in writing and signed by both parties to this Agreement. If conditions are
encountered which are not anticipated in the Scope of Work, the City understands that a revision
to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph
shall be interpreted to obligate the Consultant to render services, or the City to pay for services
rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this
Agreement is approved in writing by both parties.
13. Standard of Care. The Consultant represents that the Consultant has the
necessary knowledge, skill and experience to perform services required by this Agreement. The
Consultant and any persons employed by the Consultant shall use their best efforts to perform the
work in a professional manner consistent with sound practices, in accordance with the schedules
herein and in accordance with the usual and customary professional care required for services of
the type described in the Scope of Work.
14. Non -waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
15. Non -assignable. The services to be provided by the Consultant shall not be
assigned or subcontracted without the express written consent of the City.
16. Covenant against contingent fees. The Consultant warrants that he/she/they
has/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 Agreement, and that he/she/they
has/have 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, gifts, or any
other consideration contingent upon or resulting from the award of making of this Agreement. For
breach or violation of this warranty, the City shall have the right to annul this Agreement without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
17. Compliance with laws. The Consultant in the performance of this Agreement
shall comply with all applicable Federal, State or local laws and ordinances, including regulations
for licensing, certification and operation of facilities, programs and accreditation, and licensing of
individuals, and any other standards or criteria as described in the Agreement to assure quality of
services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant
Packet Pg. 73
2.5.a
agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this
reference, apply to this Agreement.
The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes
which may be due on account of this Agreement.
18. Notices. Notices to the City of Edmonds shall be sent to the following address:
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Notices to the Consultant shall be sent to the following address:
Tetra Tech, Inc.
1420 Fifth Avenue, Suite 600
Seattle, WA 98101
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the
U.S. mails, with proper postage and properly addressed.
DATED THIS day of
CITY OF EDMONDS
Michael Nelson, Mayor
ATTEST/AUTHENTICATED:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
2020.
TETRA TECH, INC.
Ridge Robinson, Vice President
Packet Pg. 74
2.5.a
STATE OF WASHINGTON )
)ss
COUNTY OF )
On this day of 2020, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared , to me known to be the person who executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said person, for the uses and purposes therein mentioned, and on oath stated
that he/she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
NOTARY PUBLIC
My commission expires:
Packet Pg. 75
2.5.a
APPENDIX 1 CONTRACT
(Appendix A of USDOT 1050.2A Standard Title VI Assurances)
During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors
in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows:
1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations
relative to nondiscrimination in federally -assisted programs of the United States Department of
Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 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.
Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability,
income -level, or LEP in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Consultant/Contractor shall not participate directly or
indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment
practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49
CFR 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for
work to be performed under a subcontract, including procurement of materials, or leases of equipment,
each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the
Consultant's/Contractor's obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or
LEP.
Information and Reports: The Consultant/Contractor shall provide all information and reports
required by the Regulations and 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
City or the appropriate state or federal agency to be pertinent to ascertain compliance with such
Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in
the exclusive possession of another who fails or refuses to furnish the information, the
Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall
set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the
nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or
the appropriate state or federal agency may determine to be appropriate, including, but not limited to:
• Withholding of payments to the Consultant/Contractor under the Agreement until the
Consultant/Contractor complies; and/or
• Cancellation, termination, or suspension of the Agreement, in whole or in part.
6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above
paragraphs one (1) through five (5) in every subcontract, including procurement of materials and
leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the
City or appropriate state or federal agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved
in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the
Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the
City; or may request that the appropriate state agency enter into such litigation to protect the interests
of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal
agency enter into such litigation to protect the interests of the United States.
Packet Pg. 76
2.5.a
APPENDIX 2 CONTRACT
(Appendix E of USDOT 1050.2A Standard Title VI Assurances)
During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors
in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the
following non-discrimination statutes and authorities, including but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal -aid programs and proejcts);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilties Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898 , Federal Actions to Address Environmental Justice in Minority Populations
and Low -Income Populations, which ensures discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Person with Limited English Profcency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable
steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Packet Pg. 77
2.5.a
Seaview Park Infiltration Facility Phase 2
City of Edmonds / Tetra Tech, Inc.
Exhibit A — Scope of Services
City of Edmonds
Seaview Park Infiltration Facility
The objective of this agreement is to provide professional services necessary to design and prepare
plans, specifications, and estimate (PS&E) for construction of a stormwater infiltration facility in a
portion of Seaview Park. The facility will be designed to appropriately treat and infiltrate runoff
from an approximately 53-acre catchment within the Perrinville Creek watershed, as set forth in the
Perrinville Creek Stormwater Flow Reduction Retrofit Study ("Perrinville Creek Study") and the
Seaview Park Infiltration Facility Predesign Report ("Predesign Report") and the Seaview Park
Infiltration Facility Retrofit Design Report ("Phase 1 Design Report"). The project involves
expanding the existing Seaview Phase 1 Facility and installing a second phase of treatment, storage
and infiltration facilities to be constructed within Seaview Park; piping excess flows back to the 801h
Avenue West storm drain; and restoring the park grounds. This project design and construction is
supported by a grant from the Department of Ecology ("Ecology").
Due to UIC regulatory changes, it is anticipated that there will be a need for additional treatment
facilities to satisfy those requirements. Prior UIC regulation did not require full Basic Treatment
prior to infiltration, but this is now a requirement to permit the UIC wells.
The infiltration facility is a priority capital project recommended in the Perrinville Creek Study,
with the primary goal to reduce the magnitude and duration of high storm flows in Perrinville
Creek, a tributary to Puget Sound. The peak flow reduction will provide multiple hydrologic and
biological benefits to both the Creek and Brown's Bay in the Sound such as: allowing for the
replacement of an anadromous fish barrier culvert, reducing erosion and sedimentation that is
impacting aquatic habitat and City infrastructure, reducing the amount of pollutants in the aquatic
environment, and supporting base flows in the creek.
Consultant Tetra Tech, with support of subconsultants, will complete the design, PS&E preparation,
and construction phase engineering support in accomplishing this Scope of Services.
Duration
The project budgeting and fee estimate are based upon a 25-month duration for design and
permitting, assuming the Consultant will receive notice -to -proceed (NTP) in November 2020, and
the project will be advertised for construction bids in January 2022. The duration of construction
phase services is expected to conclude in calendar year 2022.
Services
The Consultant shall perform the following tasks in accomplishing the Scope of Services.
Task 1— Project Management, Coordination and Reporting
This task provides for administration of the contract between the Consultant and the City,
preparation of monthly progress reports and quality control. The task includes administrative efforts
needed to coordinate with subconsultants and to complete the project on time and within budget.
Subtasks will include the following:
1.1 Prepare monthly progress reports for inclusion with the invoice and invoice review.
Packet Pg. 78
2.5.a
Seaview Park Infiltration Facility Phase 2
City of Edmonds / Tetra Tech, Inc.
1.2 Prepare bi-weekly email status reports summarizing work accomplished that week, work
planned for the following week, and any outstanding issues.
1.3 Prepare Subconsultant Coordination.
1.4 Provide ongoing project management.
1.5 Prepare project plan.
Deliverables:
1. Monthly progress reports and invoices
Task 2 — Data Collection and Field Investigation
Existing conditions site information will be updated and detailed to provide baseline conditions for
the project site and surroundings. It is anticipated that required access will be on easements,
publicly -owned lands and rights -of -way. Access to private property to collect data and do survey
work will be gained through permission from local residents that the City would obtain. Sub -tasks
will include the following:
2.1 Civil. Collect and review existing plans, GIS data, survey, and data available from City
Public Works Department and City Department of Parks & Recreation. Collect and review relevant
City and other design standards and criteria. Conduct site reconnaissance of existing drainage
facilities and to field verify survey features and completeness. Photo document project limits.
2.2 Geotechnical. The Geotechnical work will be performed by AESI. AESI will review
existing information from the Perrinville Creek Stormwater Flow Reduction Study, and the Phase I
Seaview Park design and construction subsurface exploration, analysis, and testing to focus Phase II
geotechnical activities. One additional subsurface exploration will be installed within the proposed
footprint of the Phase II infiltration facility utilizing standard hollow stem boring methods. The
boring will be completed as 2-inch diameter well to facilitate flow testing. The boring will also
provide information to provide geotechnical recommendations for earthwork and pavement section
replacement elements of the project. The investigation activities will be documented by 1 Alliance
Surveying.
Deliverahles-
1. Updated base map
2. Geotechnical report
Task 3 — Facility Design Update and Options
The final design of the Phase 2 facility will be refined and optimized from the design originally
presented in the Predesign Report and the Phase 1 Design Report, with the intent to maximize
stormwater flow control and with corresponding water quality treatment in an economical footprint.
Alternative design features will be explored to arrive at an affordable, effective, and maintainable
facility that is compatible with intended park uses.
3.1 Hydraulic Modeling and Performance. The anticipated hydraulic performance of the
facility will be reviewed and updated to incorporate new information collected through Task 2.
Packet Pg. 79
2.5.a
Seaview Park Infiltration Facility Phase 2
City of Edmonds / Tetra Tech, Inc.
Modeling of the facility hydraulics will be completed, and the resultant effects on stream hydrology
will be determined. Consultant will develop conceptual design configurations for up to two (2)
options. For each option, Consultant will determine the corresponding required treatment, storage
volume, footprint, capital cost, on -going maintenance costs, and the resulting hydrologic stream
benefit as illustrated by the equivalent flow control area calculation provided by Ecology.
3.2 Design Features and Materials Options. Consultant will evaluate alternative methods and
materials for use in constructing the facility, using the existing Phase 1 design as a basis. Some
modifications are anticipated to comply with the new UIC regulations. Alternatives will be
evaluated for their relative effectiveness, cost, construction requirements and durability.
Alternatives will be evaluated for the following facility elements:
• Treatment (e.g. treatment vault, cartridge filter)
• Storage (e.g. tank, vault, chambers)
3.3 Recommendations and Design Report. Consultant will prepare the Design Report providing
a detailed description of the project's final design configuration, capacity, and basis of design. The
Design Report will update the Predesign Report and the Phase 1 Design Report with the final design
decisions and analyses completed under Tasks 2 and 3.
AESI will review available hydrograph information from the onsite monitoring wells to incorporate
into slope stability modeling to document the extent of groundwater mounding and potential slope
impacts associated with the additional stormwater infiltration from Phase II. The mounding analysis
will account for the combined effects of both Phase I and Phase II infiltration. AESI will prepare a
report to document the field activities and analysis and it will be included as an appendix to the
Design Report.
The draft Design Report, including the AESI geotechnical and mounding analysis, will be submitted
to the City for review and comment.
Consultant and AESI will incorporate City and Ecology review comments and update the Final
Design Report for the City's submittal to Ecology for acceptance. Consultant will prepare written
responses to Ecology review comments, address the comments in the report, and submit the Final
Design Report to the City.
Deliverables (Electronic):
1. Draft Design Report
2. Final Design Report
Task 4 - Construction Bid Documents
4.1 60% PS&E. Consultant will produce 60-percent complete plans, outline specifications and
cost estimate and will submit electronic copies for City review and comment. The documents are
anticipated to include:
Cover Sheet showing Sheet Index, vicinity map, and general notes
• Survey control and abbreviations sheet
Packet Pg. 80
2.5.a
Seaview Park Infiltration Facility Phase 2
City of Edmonds / Tetra Tech, Inc.
• Plan View Sheet(s), showing grading plans, edge of street, approximate limits of right-of-
way lines, topographic features, and drainage conveyance through and discharging into the
existing storm conveyance system. This sheet will also show the clearing limits.
• Profile sheet(s) showing inlet pipe, facility, and outlet pipe profile
• Details showing typical cross -sections and drainage details
• Erosion control plan
• Erosion control details
• Landscape plan showing planting plan and details, and identifying plant species, location
and spacing
• Design Plans sufficient to adequately communicate all design features and elements
• Outline of specification Special Provisions for items of work not covered by WSDOT
Standard Specifications
• List of measurement and pay items, quantities, and Opinion of Cost for Construction at 60%
design
• QA/QC Review of the 60% documents
4.2 90% PS&E. Consultant will produce 90-percent complete plans and specifications and
submit electronic copies for City review and comment and for submittal to Ecology for review.
Consultant will incorporate review comments made by the City on the 60% complete submittal, and
will advance the design to 90% complete, including:
• Complete construction plan set with plan sheets listed above.
• Draft of specifications incorporating City's standard administrative provisions, Ecology
specification inserts, and other associated specification documents.
• Bid Schedule, with quantities and Opinion of Cost for Construction at 90% design. City to
provide bid document format template.
• QA/QC review of the 90% documents. QC by discipline leads, QA/QC review by senior
engineer and QA for contract compliance and meeting project goals.
• Response to City comments on 60% review.
4.3 Final PS&E. Consultant will produce final plans and specifications and submit electronic
copies for City review and comment. The plans will incorporate revisions responding to the 90%
City and Ecology review comments, and will include:
• Final construction plan set stamped and signed.
• Final specifications, contract documents, and other associated specification documents.
• Final Bid Schedule, with quantities and Opinion of Cost for Construction at final design.
Include funding source (grants, city funds, etc.) for bid items.
• Construction schedule in Excel format
• QA/QC review of the final documents
• Memorandum of responses to Ecology's 90% review comments
• Construction Estimates will be prepared in accordance with City Estimating Policy
• Consultant to provide quantity takeoffs by plan sheet
Packet Pg. 81
2.5.a
Seaview Park Infiltration Facility Phase 2
City of Edmonds / Tetra Tech, Inc.
Deliverables (Electronic):
1. 60% Design plans, outline specifications, and cost estimate
2. 90% Design plans, specifications, cost estimate, and construction schedule
3. Final Design plans, specifications, cost estimate, and construction schedule
Task 5 — Support Services
5.1 Cultural Resources Review. Consultant will prepare and submit to the City the DAHP EZ-1
Form, and Ecology Historic and Cultural Resource Project Review form. Upon City review, City
will submit these forms to Ecology.
Consultant will prepare and submit to the City an Inadvertent Discovery Plan (IDP) for review and
submittal to Ecology and inclusion in specifications.
5.2 Utility Coordination. Utilities believed located in the area will be provided with initial
design drawings to solicit input concerning the location of and issues with their utilities. Review of
utility record drawings will be performed to confirm or supplement the surface evidence obtained in
the field survey mapping conducted for the predesign. Critical conflicts with proposed design
improvements may require potholing to confirm the utility location or depth. Potholing is assumed
to be performed by the utility owner. The City will not perform any potholing. If potholing is found
necessary, a contract modification to use a portion of the Management Reserve will be negotiated
with the City. In the event of unavoidable utility conflicts, the Consultant will notify the City who
will contact the applicable utility agency to initiate the relocation of their utility prior to
construction by the City.
5.3 Easements/Property Rights Agreements — Contingent upon need. In the event the selected
design produces the need for temporary construction easements, or should an agreement be desired
regarding a property, this subtask will be amended to describe specific services to be performed
with a corresponding budget, funded through the Management Reserve established for this
agreement. This task, if needed, will require a separate NTP from the City.
5.4 Supplemental Survey — Contingent upon need. Should the need for additional field survey
be identified through the data collection work or the design process, this subtask will be amended to
describe specific services to be performed with a corresponding budget, funded through the
Management Reserve established for this agreement. This task, if needed, will require a separate
NTP from the City.
Deliverables (Electronic):
1. DAHP EZ-1 Form
2. Ecology Historic and Cultural Resource Project Review form
3. Inadvertent Discovery Plan
Task 6 — Permits and Approvals
6.1 UIC. It is anticipated that a UIC permit will be required and time under this task is allocated
to preparing and submitting the permit to the state. Per new UIC guidance, this application will
include a discussion of the treatment provided and a mounding analysis. The Consultant and AESI
Packet Pg. 82
2.5.a
Seaview Park Infiltration Facility Phase 2
City of Edmonds / Tetra Tech, Inc.
will develop this information in conjunction with the Design Report in Task 3. The Design Report
or an excerpt from the design report will be provided to support the application.
Deliverables (Electronic):
1. UIC permit application
Task 7 — Assistance during Bidding and Construction
7.1 Bidding and Award Assistance. Consultant will answer questions that arise during the
bidding process, as directed by the City. Consultant will prepare up to three addenda for the City to
copy and distribute to bidders. The Consultant will exercise the standard of care consistent with
industry standards in preparing the bid documents. The industry standard shall be in conformance
with the services provided by an experienced and competent professional engineering organization
rendering similar services under similar circumstances and in a similar vicinity. Should an
addendum be required due to a lack of exercise of this standard of care, the consultant shall not
charge the client for that addendum.
7.2 Equivalent new/redevelopment area determination. Consultant will prepare the required
analysis conforming to the methods outlined in Appendix N of the funding guidelines governing the
Ecology grant agreement.
7.3 Construction Phase Support. Consultant will provide the following services during
construction of the facility:
• Consultant and AESI will attend the Preconstruction Conference conducted by the City
• Consultant will review contractor submittals and respond to Requests for Information
(through the City). The time allocated to this task is 40 hours. Depending upon the
Contractor and his capabilities (or lack thereof), this time requirement may contract or
expand. Task allocation over 40 hours shall require a separate NTP.
• Special Inspections performed by AESI. During construction, AESI will observe the well
drilling, installation and backfill for the overall wells, confirm the presence of suitable
infiltration receptor soils, document required over -excavation if needed, test import
materials proposed for use as backfill, and conduct a confirmation test on an "as -built"
facility. Observations will be summarized in a brief report.
• Operations and Maintenance Plan. Consultant will prepare an Operation and Maintenance
Plan for the City's use in maintaining the facility and for submittal to Ecology at the 90-
percent level.
Assumptions & Exclusions
The project construction will be within road rights -of -way and other City -owned property.
Should work become necessary on private property, additional services and budget will be
specified under Subtask 5.3 through amendment to this agreement which shall require a
separate NTP.
Packet Pg. 83
2.5.a
Seaview Park Infiltration Facility Phase 2
City of Edmonds / Tetra Tech, Inc.
2. The existing site survey completed for the Predesign Report will be sufficient for the
preparation of the design and construction plans. Should additional survey become
necessary for the preparation of the design or construction plans, additional services and
budget will be specified under Subtask 5.4 through amendment to this agreement which
shall require a separate NTP.
3. The contract documents and special provisions will be in the WSDOT format, and
incorporating by reference the 2021 WSDOT Standard Specifications.
4. An irrigation system will not be designed or constructed with this project.
Task 8 — Management Reserve
8.1 Management Reserve. Management reserve shall only be used with the separate written
approval of the City.
Packet Pg. 84
2.5.a
Seaview Park Infiltration Facility Phase 2
City of Edmonds / Tetra Tech, Inc.
Exhibit B
Estimate of Professional Services
Packet Pg. 85
Tetra Tech, Inc.
1420 Fifth Avenue, Suite 600
Seattle WA 98101
(206)883-9300
(206) 883-9301 (FAX)
CLIENT: Citv of Edmonds
PROJECT : Seaview Park Infiltration Facility Phase 2
P.D. No.:
Proj. No.:
2.5.a
EXHIBIT B: Estimate of Professional Serv»ps
Date: 1 20
N
TETRA TECH
EXPENSES a, 1.05
1.05
Phase Description
Principal
En
Engineer
g
Senior
Project
Lead
Engineer
En g
Engineer 2
Engineer 1
Sr Technical
Writer
CAD
Technician
Sr CAD
Designer 2
g
Project
Assistant
Administrator
Totals
Task Labor
Phase
Labor
Travel / Meals
Printing /
Reports
Com uter /
P
CAD
Misc.
Total
Expenses
P
AESI
Geotechnica
1-Alliance
Survey
y
Total Subs.
SUB- PHASE
TOTALS TOTALS
1.0 Project Administration
$28,155
$28,155
1.1 Progress reports and invoice review (25 months)
2
25
6
33
$6,311
$6,311
1.2 Prepare bi-weekly email status reports
12
6
18
$3,222
$3,222
1.3 Prepare subconsultant agreements
6
2
8
$1,474
$1,474
1.4 Provide ongoing project management (1 hr/wk/17 months)
68
68
$15,436
$15,436
1.5 Prepare Project Plan
2
4
2
8
$1,712
$1,712
2.0 Data Collection and Field Investigations
$1,832
$23,921
2.1 Collect and review existing information, site reconnaissance
4
4
4
12
$1,832
$50
$53
$1,885
2.2 Geotechnical testing
$18,078
$2,909
$22,036
$22,036
3.0 Facility Design Update and Options
$19,464
$31,907
3.1 Hydraulic modeling and performance
4
4
20
28
$3,672
$10
$11
$3,683
3.2 Design features and materials options
16
8
4
28
$4,844
$10
$11
$4,855
3.3 Recommendations, design report, Comments
2
24
32
4
4
2
68
$10,948
$100
$40
$147
$11,690
$12,275
$23,370
4.0 Construction Bid Documents
4.1 Sixty -percent (60%) PS&E
$24,838
$24,912
4.1.1 Coordination Meeting
1
4
5
$1,047
$50
$53
$1,100
4.1.2 Special Provisions Outline
4
4
$552
$552
4.1.3 Prepare Plans
4
10
40
20
30
30
134
$18,008
$20
$21
$18,029
4.1.4 Cost Estimate
2
1
8
16
27
$3,603
$3,603
4.1.5 QA/QCReview
4
2
6
$1,318
$1,318
4.1.6 Submit to the City
1
1
2
$310
$310
4.2 Ninety -percent (90%) PS&E
$22,985
$23,059
4.2.1 Coordination Meeting
4
4
8
$1,728
$50
$53
$1,781
4.2.2 Special Provisions/Full Specifications
3
6
30
4
43
$6,383
$6,383
4.2.3 Prepare Plans
6
12
20
2
12
20
72
$10,792
$20
$21
$10,813
4.2.4 Cost Estimate
4
8
2
14
$2,154
$2,154
4.2.5 QA/QCReview
1
8
8
$1,640
$1,640
4.2.6 Submit to the City
1
1
2
$288
$288
4.3 Final PS&E
$12,484
$12,610
4.3.1 Coordination Meeting
2
4
6
$1,274
$1,274
4.3.2 Special Provisions/Full Specifications
1
4
12
2
19
$2,869
$2,869
4.3.3 Prepare Plans & submit check set
2
8
8
6
10
34
$5,188
$20
$21
$5,209
4.3.4 Cost Estimate
4
4
8
$1,372
$1,372
4.3.5 QA/QC Review
2
2
4
$864
$864
4.3.6 Prepare final plans and submit to the City
2
1
3
$493
$100
$105
$598
4.3.7 Prepare Electronic copy of project files
1
1
1
3
$424
$424
5.0 Support Services
$7,628
$7,628
5.1 Cultural resource review
8
16
2
26
$4,014
$4,014
5.2 Utility coordination
10
8
4
22
$3,614
$3,614
5.3 Easement/Property rights agreement (future task if needed)
5.4 Supplemental survey (future task if needed)
6.0 Permits and Approvals
$4,868
$9,068
6.1 UIC Application
4
16
16
36
$4,868
$4,000
$4,200
$9,068
7.0 Assistance During Bidding and Construction
$24,848
$48,095
7.1 Bidding and Award Assistance
24
16
40
$7,128
$7,128
7.2 Equivalent new/redevelopment area determination
2
8
12
22
$2,894
$2,894
7.3 Construction phase support
7.3.1 Attend Preconstruction Conference
6
6
12
$2,058
$50
$53
$2,111
7.3.2 Review submittals and RFIs
20
20
40
$6,860
$6,860
7.3.3 Special geotechnical inspections
$22,080
$23,184
$23,184
7.3.4 Operation and maintenance plan
16
8
4
8
36
$5,908
$10
$11
$5,919
TOTAL HOURS
2
120
246
280
108
12
48
61
10
20
907
$147,102
$147,102
$300
$230
$557
$55,848
$2,909
$61,695
$209,353
$20,353
O:AMarketing\PROPOSALS\Edmonds, City of2020_Seavfew Park Infiltration Phase 2\Scope and feeACopy of FeeEstimateSeavlewlnfiltrationPhase2v4.xlsT & M_C+FF
I I/3/202012:04 PM
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Tetra Tech, Inc. CLIENT: City of Edmonds
1420 Fifth Avenue, Suite 600
Seattle WA 98101 PROJECT : Seaview Park Infiltration Facility Phase 2
(206)883-9300
(206) 883-9301(FA71) P.D. No.: Proj. No.:
Description
TETRA TECH
Principal
Engineer
Senior
Project
Lead
Engineer
Engineer 2
Engineer 1
Sr Technical
Writer
CAD
Technician
Sr CAD
Designer 2
Project
Assistant
Administrator
Totals
Task Labor
FPhaosePhase
BILLING RATE $280.00
SUBTOTALS $560
TOTAL ESTIMATED WAGES
$227.00
$27,240
$205.00
$50,430
$138.00 $115.00 1 $133.00
$38,640 $12,420 1 $1,596
$105.00
$5,040
$136.00
$8,296
$122.00 $83.00
$1,220 $1,660
Labor Only $147,102
Subtotal
Management Reserve (10% of design phase only)
Total
$209,353
$16,126
$225,479
Fee Distribution
Project Administration (Task 1) $28,155
Design and Analysis (Task 2-5) $124,035
Environmental Review (Task 6) $9,068
Bid & Award Support (Task 7.1&7.2) $10,022
Construction Support (Task 7.3) $38,073
Management Reserve (10%) $16,126
2.5.a
EXHIBIT B: Estimate of Professional Serves
Printing / Computer, / Total Geotechnica 1-Alliance Total Subs. SUB- PHASE
Reports CAD Misc. Expenses 1 Survey TOTALS TOTALS
Notes:
1. Invoices will be based on billing rates and hours of staff
assigned to the project.
2. Billing rates are to be updated annually to reflect periodic
adjustments in Tetra Tech salary levels.
Date: 1 120
N
O:\Marketing\PROPOSALS\Edmonds, City ofl2020_Seaview Park Infiltration Phase 2\Scope and fee\Copy of FeeEstimateSeavieWInfiltratlonPhase2v4.xlsT & M_C+FF
11/3/202012:04 PM
Packet Pg. 87
2.6
City Council Agenda Item
Meeting Date: 11/12/2020
Proposal to approve the WWTP Chief Operator Job Description
Staff Lead: Phil Williams
Department: Wastewater Treatment Plant
Preparer: Scott Passey
Background/History
On August 11, 2020 Council was presented with WWTP request for position reclassification's and
organizational restructure to better support current and future equipment changes, processes,
operational needs, and other necessary functions in support of the WWTP. The item was approved in
theory and approved to move to consent once the Chief Operator job description had formal HR review
and Labor input.
Staff Recommendation
Request that the Committee recommend that Human Resources move forward with notifying the Union
of the proposed position, and then forward the job description to the full Council for approval on
consent once that process is complete.
Narrative
Edmonds provides wastewater treatment not only to the City of Edmonds but also to the City of
Mountlake Terrace, Olympic View Water/Sewer District, Ronald Wastewater District (soon to be fully
assumed by the City of Shoreline), as well as other areas adjacent to the City of Edmonds. The needs of
the treatment plant are changing. These changes include changes in available treatment technologies,
changes in requirements for receiving water quality, changes in biosolids management regulations, and
changes in IT systems for control of treatment processes. To effectively adapt to these on -going changes
will require us to build a workforce with the correct size and skills to be successful and efficient in
delivering service. These human resource needs are the most critical. Well trained and experienced
personnel are crucial to the operation of the plant and the City's continued ability to provide excellent
treatment services to our citizens and partners. Although the WWTP is highly automated, and soon to
become even more sophisticated, competent operators and mechanics are essential to ensure the
continued day-to-day smooth functioning of the treatment processes and the equipment.
The Chief Operators' role is to create a coordinated approach between operations and maintenance
activities and will help to create a leadership team approach for the WWTP. At this time the Chief
Operator JD has had formal HR review and we are seeking approval to move forward to present the
proposed position to the Union.
In the past the City operated the treatment plant with a staffing structure that included two Lead
positions; and Operations Lead and a Maintenance Lead, both were Union positions. Both of these
positions are currently vacant. This proposal would combine these two functions into the recommended
Packet Pg. 88
2.6
Chief Operator position.
Attachments:
DRAFT Chief Operator Nov 5 2020
Packet Pg. 89
2.6.a
City of
EDMONDS
Washington
WWTP CHIEF OPERATOR
Department:
Public Works — Wastewater Treatment
Pay Grade:
N
Bargaining Unit:
Teamsters
FLSA Status:
Non -Exempt
Revised Date:
DRAFT Nov 2020
Reports To:
WWTP Manager
POSITION PURPOSE: Under general supervision, the Wastewater Treatment Plant (WWTP) Chief Operator
assigns, coordinates and oversees the work of Operations and Maintenance team, works routinely as an
Operator, as needed with Maintenance and coordinates equipment outages and operational activities that effect
plant performance. The Chief Operator works closely with the leadership team to ensure compliance with all
Federal, State and Local laws; evaluates plant operations and performance; makes appropriate adjustments to
ensure the process is within established parameters and in compliance with all Federal and State effluent limits
and trains and provides work direction to assigned staff. Makes daily updates to the maintenance management
system and may be assigned to backfill for Plant Manager as needed.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all
employees in this classification, only a representative summary of the primary duties and responsibilities.
Incumbent(s) may not be required to perform all duties listed and may be required to perform additional,
position -specific duties.
Representative duties and responsibilities 20% of the time:
• Coordinates and assigns daily work activities and schedules based on established priorities and verifies
work is completed to standards with effective resource utilization. Keeps Management informed of
staffing needs, concerns and issues that affect personnel performance.
• Provides input to Management for the development of the Division Budget, CIP and long term staffing
and training plans.
• Ensures open lines of communication exist between staff on various shifts.
Representative duties and responsibilities 40% of the time:
• Trains Operators and Maintenance staff on responsibilities.
• Ensures all that all staff follows appropriate safety regulations; maintains SIDS system as assigned.
• Provide backup for Plant Manager.
• Monitors Laboratory results and operating parameters of the treatment system to identify trends or
variances. Prepares various other reports that summarize process and treatment performance.
Recommends strategies that achieve permit compliance and ensure economic performance. Areas of
focus include: electrical usage, chemical usage and treatment performance.
• Develop and write standard operating procedures for equipment process control and safety to ensure
optimum operations and safety at all times.
Responsible for effective communication to staff that provides appropriate information and
education in order to promote an environment which creates an engaged and motivated
workforce.
Representative duties and responsibilities 40% of the time:
Wastewater Treatment Plant Chief Operator Packet Pg. 90
2.6.a
JOB DESCRIPTION
WWTP Chief Operator
• Performs a variety of semi -skilled work in the maintenance and repair of the City's Wastewater
Treatment Plant facilities and equipment including: scrubbing, steam cleaning, painting, basic carpentry
and mechanical repair, changing oil and HVAC filters to ensure a safe working environment.
• Makes periodic rounds to monitor, adjust and maintain wastewater treatment plant equipment to
achieve desired process control objectives.
• Inspects and cleans equipment; removing obstructions and debris in traps, pumps and sewage wet
wells.
• Enters empty tanks and other confined spaces in order to perform inspections, cleaning and
maintenance.
• Assures proper equipment operations and conducts initial troubleshooting evaluation; monitors variable
drives, various pumps, motors and drive units for proper operation. May perform or assist with required
maintenance, repair or replacement as needed.
• Collects lab samples according to established operating procedures to ensure permit compliance and
process control; sets up, programs and maintains remote samplers.
• Performs laboratory sampling for permit compliance according to established procedures. Completes
related lab records and charts as required. Reports any abnormalities as they arise and takes
corrective action as indicated.
• Operates, monitors and adjusts Screw Presses and associated equipment according to established
procedures; adjusts belt speed and hydraulic pressure; controls and monitors sludge and polymer feed
rate(s).
• Monitors and controls disinfection and dechlorination systems; inspects, troubleshoots and operates
chemical feed pumps.
• Monitors SCADA system to ensure process is within established parameters; monitors flows, dissolved
oxygen levels, instrument calibrations and proper flows, temperatures and pressures.
• Operates, monitors and adjusts ash collection and disposal systems; ensures proper lubrication, verifies
proper seal water flows; inspects belts and sleeves of pumps.
• Conducts tours of plant for the general public as assigned,
• Performs a variety of custodial and grounds work; cleans and maintains work areas and restroom
facilities and performs related work as assigned.
• Works swing and graveyard shifts, weekends and holidays as scheduled and responds to emergency
24 hour calls as assigned.
• May be tasked with performing related duties. Related duties as required are duties that may not be
specifically listed in the position description, but are within the general occupational series and
responsibility level typically associated with the employee's classification of work.
Required Knowledge of:
• Basic mechanical equipment maintenance and repair.
• Operation and use of hand and power tools and equipment.
• Methods, equipment and materials used in grounds keeping, maintaining building and facilities in good
repair.
• Current practices in secondary wastewater treatment operations.
• Laboratory procedures and analysis.
• Screw press theory and operations.
• Solids handling and disposal regulations related to EPA 503 regulations.
• Hazardous chemicals handling and disposal requirements related to SDS.
• Various types of Wastewater Treatment Plant instrumentation and automated controls strategies.
• Chemistry and microbiology related to pumping and chemical tests.
• Health and safety regulations related to plant operation and maintenance.
Wastewater Treatment Plant Chief Operator
Packet Pg. 91
2.6.a
JOB DESCRIPTION
WWTP Chief Operator
• Requirements of maintaining a wastewater treatment plant and related facilities in a safe and proper
working condition.
• Principles and practices of training and providing work direction.
• Effective oral and written communication principles and practices.
• Technical record keeping and report preparation techniques and practices.
• Modern office procedures, methods, and equipment including computers and computer applications
sufficient to perform work assignments.
• English usage, spelling, grammar, and punctuation.
• Training principles, methods and techniques.
Required Skill in:
• Operating and maintaining the Wastewater Treatment Plant and ensuring plant processes are in
compliance with local, state and federal discharge limits.
• Protecting the health and safety of personnel, the public and the environment.
• Operating variety of hand tools, machinery, vehicles and equipment.
• Recognizing and responding quickly to operational emergencies.
• Performing plant maintenance and housekeeping work.
• Interpreting, analyzing and applying new technical information.
• Working independently with little direction and determine appropriate action within clearly defined
guidelines.
• Maintaining current knowledge of technological advances in the field.
• Observing health and safety regulations and procedures and wearing appropriate and required Personal
Protective Equipment.
• Planning and organizing work and meeting schedules and time lines.
• Utilizing personal computer software programs and other relevant software affecting assigned work.
• Establishing and maintaining cooperative and effective working relationships with others.
• Maintaining accurate log readings, operating information and a variety of records, logs, files and reports.
• Communicating technical information clearly and concisely both orally and in writing.
• Leading, training, and providing work direction to others.
• Maintain regular, predictable and punctual attendance during regularly scheduled work hours at assigned
worksite.
MINIMUM QUALIFICATIONS:
Education and Experience:
Individual must have two (2) years of formal education at a college or technical school with major course
emphasis in water/wastewater, environmental science, engineering, or related field is required. A minimum of
six (6) years of experience, two (2) of which must be in a lead capacity required. Experience should include
being in responsible charge of maintaining and operating wastewater systems, and performing lead oversight of
projects, programs and/or staff. Equivalent combination of education, training and experience may be
considered.
Required Licenses or Certifications:
Valid State of Washington Driver's License.
WWTP Operator Group IV License is required within1 year. At time of hire WWTP Group III is required.
Valid CPR, First Aid, AED, and Bloodborne Pathogen Cards.
Forklift license with 6 months of date of hire.
Wastewater Treatment Plant Chief Operator
Packet Pg. 92
2.6.a
JOB DESCRIPTION
WWTP Chief Operator
Must be able to successfully complete and pass a background check.
Mandatory drug test subject to conditional job offer.
WORKING CONDITIONS:
Environment:
• Exposure to extreme temperatures and adverse weather conditions.
• Driving a vehicle to conduct work.
• Working in a confined or classified space.
Physical Abilities:
• Hearing, speaking or otherwise communicating to exchange information in person or on the phone.
• Operating a variety of grounds equipment and power and hand tools.
• Operating a computer keyboard or other office equipment.
• Reading a variety of materials and instruments and possess close vision, far vision, side vision, depth
perception, night vision and color vision.
• Ascending/descending ladders
• Lifting/ carrying or otherwise moving or transporting heavy objects frequently up to 50lbs.
• Sitting/standing or otherwise remaining in a stationary position for extended periods of time
• Walking or otherwise moving over rough or uneven surfaces while performing inspections and
investigations.
• Performing repetitive motions, including: balancing, stooping, kneeling, bending, crouching, crawling,
reaching overhead, above the shoulders and horizontally, and standing, pushing, pulling and using stairs
• Working in tight spaces.
• Ability to wear appropriate personal protective equipment based on required City Policy..
Hazards:
• Exposure to chemicals, used in Wastewater treatment such as: Sodium Hypochlorite, Caustic Soda,
Bisulfate, Polymers, Clay, Lime and Carbon.
• Exposure to raw and treated sewage, odors associated with sewage treatment, high heat and moving
equipment.
• Exposure to cleaning chemicals, herbicides and dust.
• Working at heights using ladders and structures
• Working around and with sometimes noisy machinery having moving parts.
• Exposure to slippery surfaces, damp spaces while cleaning in and around equipment.
• Exposure to electrical power supply.
Incumbent Signature:
Department Head:
Date:
Date:
Wastewater Treatment Plant Chief Operator
Packet Pg. 93