Fillable Local Agency A&E Professional Services Negotiated Hourly Rate (City of Sammamish)

Fill Online, Printable, Fillable, Blank Local Agency A&E Professional Services Negotiated Hourly Rate (City of Sammamish) Form

Use Fill to complete blank online CITY OF SAMMAMISH (WA) pdf forms for free. Once completed you can sign your fillable form or send for signing. All forms are printable and downloadable.

Local Agency A&E Professional Services Negotiated Hourly Rate (City of Sammamish)

On average this form takes 61 minutes to complete

The Local Agency A&E Professional Services Negotiated Hourly Rate (City of Sammamish) form is 151 pages long and contains:

  • 0 signatures
  • 1 check-box
  • 242 other fields

Country of origin: US
File type: PDF

U.S.A. forms for City of Sammamish

BROWSE CITY OF SAMMAMISH (WA) FORMS

Related forms
Fill has a huge library of thousands of forms all set up to be filled in easily and signed.
Fill in your chosen form
Sign the form using our drawing tool
Send to someone else to fill in and sign.
find another form
 
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 1 of 34
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN or SSN Number
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes ________________ No DBE Participation
Yes ________________ No MBE Participation
Yes ________________ No WBE Participation
Yes ________________ No SBE Participation
Maximum Amount Payable:
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work
DBE Participation/SBE Plan
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub-consultant Cost Computations
Title VI Assurances
Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
I2019-101

719 Second Ave Suite 1250 Seattle, WA 98104

601 460 417
94-2583153
April 16, 2019
April 30, 2020
■
■









■
■
■
■
$291,433
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 2 of 34
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the _________________________________________________________________,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1)
of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the
required commitment and therefore deems it advisable and desirable to engage the assistance of a
CONSULTANT to provide the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish consulting services to the
AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or
attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services,
labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and
complete the SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A”
attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was
developed utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or
days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the
State of Washington.
City of Sammamish
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 3 of 34
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absence of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved
with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify
any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal attainment.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C –
Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be
without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY:
If to CONSULTANT:
Name:
Name:
Agency:
Agency:
Address:
Address:
City:
City:
State:
Zip:
State:
Zip:
Email:
Email:
Phone:
Phone:
Facsimile:
Facsimile:
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled “Completion Date.”
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Steven Chen, PE
Eric Shimizu, PE
City of Sammamish
DKS Associates
801 228th Avenue SE
719 Second Ave Suite 1250 Suite 1250
Sammamish
Seattle
WA
98075
WA
98104
schen@sammamish.us
ehs@dksassociates.com
425-295-0564
206-436-0556
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 4 of 34
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A.
Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,
and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s
direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated
rates shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such
written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and
“E” will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to
aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the
CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and
classifications that will applicable for the twelve (12) month period.
The fixed fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of
the AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect
cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in
a final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components of
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fixed fee (profit) percentage. The
CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus
fixed fee.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 5 of 34
B.
Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long
distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be
reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and
all revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
C.
Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
(1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
“Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.
D.
Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized
in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit “D,” including names and classifications of all employees, and billings for all direct
non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview.
E.
Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies
the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such
overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund
shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the
AGENCY of overpayment. Per WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution
Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings
F.
Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt
of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or
bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in
connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period,
the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is
completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be
performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s
Project Manager.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 6 of 34
VI. Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and
by this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E”
attached hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be
memorialized in a final written acknowledgement between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall
require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this
AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable
sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warrant, the
AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from
this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of
this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except
regularly retired employees, without written consent of the public employer of such person if he/she will be
working on this AGREEMENT for the CONSULTANT.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 7 of 34
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
•
Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V §
2000d through 2000d-4a)
•
Federal-aid Highway Act of 1973 (23
U.S.C. Chapter 3 § 324)
•
Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V §
794)
•
Age Discrimination Act of 1975 (42
U.S.C. Chapter 76 § 6101 et. seq.)
•
Civil Rights Restoration Act of 1987 (Public Law
100-259)
•
American with Disabilities Act of 1990 (42
U.S.C. Chapter 126 § 12101 et. seq.)
•
23 CFR Part 200
•
49 CFR Part 21
•
49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit
“F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached
Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt
by the Regulations or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon
ten (10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to
Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two
(2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily
completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY
at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES
required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this
subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of
this section.
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT’s failure
to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 8 of 34
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved
CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this
AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to
renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be
made to the CONSULTANT as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY
find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof
changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall
be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If
the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted
under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal
action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State
of Washington, situated in the county in which the AGENCY is located.
XII. Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local
laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed
under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws
of the State of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY
and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or
in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the
CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any
tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall
require a CONSULTANT
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 9 of 34
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the
AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other
persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the
CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents,
officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom
the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and
enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between
CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,
patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the
CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT may be legally liable, in performance of the Work under this
AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs,
information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and
employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’,
officers and employees’ failure to comply with specific written instructions regarding use provided to STATE
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its
sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due
notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,
this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during
contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for
proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in
accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 10 of 34
Insurance Coverage
A.
Worker’s compensation and employer’s liability insurance as required by the STATE.
B.
Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with
minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000.00) in the aggregate for each policy period.
C.
Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage
for any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined
single limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations
concerning products and completed operations coverage. This coverage shall be primary coverage and non-
contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the
additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or
subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The
AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of
Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14)
days of the execution of this AGREEMENT to:
Name: ______________________________________
Agency: ____________________________________
Address: ____________________________________
City: ________________ State: _______ Zip: ______
Email: ______________________________________
Phone: ______________________________________
Facsimile: ___________________________________
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to
section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of
the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional
liability to third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third
part, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT
has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law.
Steven Chen
City of Sammamish
801 228th Avenue SE
Sammamish
WA
98075
schen@sammamish.us
425-295-0564
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 11 of 34
XIII. Extra Work
A.
The AGENCY may at any time, by written order, make changes within the general scope of this
AGREEMENT in the SERVICES to be performed.
B.
If any such change causes an increase or decrease in the estimated cost of, or the time required for,
performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an
equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and
(3) other affected terms and shall modify this AGREEMENT accordingly.
C.
The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,”
under this clause within thirty (30) days from the date of receipt of the written order. However, if the
AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted
before final payment of this AGREEMENT.
D.
Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However,
nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.
Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable
for this AGREEMENT, shall not be increased or considered to be increased except by specific written
supplement to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY,
Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in
AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in
AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the
CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address
listed in section III “General Requirements” prior to its performance of any SERVICES under this
AGREEMENT.
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by
the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound
by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes,
amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the
parties as a supplement to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting
material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the
terms and conditions thereof.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 12 of 34
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information”
includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver’s license numbers, medical data, law enforcement records (or
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE
and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,
proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s
Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for
any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-
consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release
such information or material only to employees, sub-consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
access to the State’s Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s
Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii)
take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential
Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State’s Confidential Information was received; who received, maintained, and used the State’s
Confidential Information; and the final disposition of the State’s Confidential Information. The
CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in
termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary
damages, or penalties
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as
“Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this
AGREEMENT.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 13 of 34
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers
confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as
soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is
not meant to include any information which, at the time of its disclosure: (i) is already known to the other party;
(ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is
generally utilized by unaffiliated third parties engaged in the same business or businesses as the
CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that
such records will be released to the requester unless the CONSULTANT obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining
disclosure, the AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure
that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT
notification to the sub-consultant will include the date that such records will be released by the AGENCY to the
requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction
enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or
sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the
CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of
actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub-
consultants’ information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)
years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and
maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all
“documents” pertaining to the SERVICES provided hereunder shall be made available for review at the
CONSULTANT’s place of business during normal working hours. If any litigation, claim, or audit is
commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such
documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even
though such litigation, claim, or audit continues past the six (6) year retention period.
For purposes of this AGREEMENT, “documents” means every writing or record of every type and description,
including electronically stored information (“ESI”), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes,
reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets,
charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations,
computations, summaries, inventories, and writings regarding conferences, conversations or telephone
conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description;
every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 15 of 34
Exhibit A
Scope of Work
Project No.
See Attached Exhibit A Scope of Work
I2019-101
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
EXHIBIT A – SCOPE OF WORK
INTRODUCTION
The purpose of this Contract is to provide ITS engineering and design services to the
City of Sammamish for the incorporation of a new fiber optic system that spans
through three separate jurisdictions. The fiber optic system will be primarily aerial
fiber installation with some underground portions. The project has two distinctive
elements which are described below.
ITS project – will incorporate the fiber optic design for the entire project, install
Adaptive Signal Control System (ASCT), add connection to WSDOT’s Traffic Buster
System, and King County TMC. This project will include the addition of cameras,
flashing yellow arrows, fiber drops for planned new signalized intersections
TMC project – will provide interior design improvements to facilitate the
construction of a new traffic management center, connection of communications,
power and review of existing building for TMC design. Current funding restrictions
may limit the proposed TMC amenities but the design should allow for future
improvements to be complementary to the proposed tenant improvements.
CITY – is the City of Sammamish
COUNTY – is King County
WSDOT – is Washington State Department of Transportation
PSE – Puget Sound Energy
CONSULTANT – is represented by the Consultant Team made up of DKS Associates,
and a team of sub-consultants. When a particular task is primarily the responsibility
of one of the sub-consultants, that name of the sub-consultant will be listed in
(brackets) next to the word CONSULTANT.
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
CONTACTS
Contact
Email
Phone/ Cell
Eric Shimizu
DKS Principal
ehs@dksassociates.com
206-436-0556
Karl Typolt
DKS Project Manager
kjt@dksassociates.com
206-436-0636
Mike Bowen
Surveying
mikeb@kpg.com
253-344-5281
Cell: 206-909-6520
Erin Ehlinger
Smart City Traffic
Systems Engineering
erinehlinger@smartcitytraffic.com
425-221-0320
Zach Wolpa
TMC Architecture
ZacharyW@ech-ps.com
206-805-0969
Cell: 720-394-2021
Robert Acevedo
Environmental and
Independent Traffic QC
Robert.Acevedo@hdrinc.com
206-319-3116
Steven Chen
CITY of Sammamish
Senior Lead
schen@sammamish.us
425-295-0564
Isabel Diaz
City of Sammamish PM
idiaz@sammamish.us
425-295-0575
Greg Wagner
WSDOT Signals
wagnerg@wsdot.wa.gov
206-440-4397
Greg Leege
WSDOT ITS
Leege@wsdot.wa.gov
206-410-0020
Request for GIS layers
from PSE
Maps & Records
MapRequest@pse.com
FAX 425-456-2515
Ph: 425-456-2511
Matthew Krause, PE
PMP
PM PSE Pole Services
Matthew.krause@pse.com
Office: 425-457-
5562
Cell: 206-617-4831
Aileen McMannus
King County
Aileen.mcmanus@kingcounty.gov
Office: 206-477-
3667
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
Figure 1 – Project Map
PROJECT VISION
After the completion of this project, we will have included an interconnect to
WSDOT for the entire corridor and connect video cameras so there are views of the
signalized intersections, install ASCT, add connection to WSDOT’s Traffic Buster
System, and King County TMC with the ability to provide monitoring and real time
changes to optimize the operations for the corridor from the new TMC. The CITY
understands that WSDOT owns, maintains, and manages all WSDOT signals.
1.0 PROJECT MANAGEMENT
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
1.1 Project Administration
This task will be continuous throughout the Project duration, which is assumed to
be 20 months, which would include 9 months of design and 9 months of
construction and two months of closeout for final billing. It will include the work
necessary to set up, plan, design, permitting, and if requested by the CITY provide
services during construction (scope not included) for the project including closeout.
Sub-consultant Management shall be provided by the CONSULTANT for specific
elements of this scope of work including surveying, architecture (TMC), and systems
engineering.
The CONSULTANT will prepare and submit invoices and supporting documentation
in accordance with the LAG Manual and CITY procedures. Not more than monthly,
the CONSULTANT will review and incorporate sub-CONSULTANT invoices with the
invoices and submit a consolidated set of invoices to the CITY.
The CONSULTANT will prepare and submit progress reports that qualitatively
describe the work accomplished during the billing period, including the status of
individual tasks, meetings attended, CONSULTANT work and action or information
needed from the CITY.
Deliverable(s):
• Monthly Invoices (one electronic copy – pdf)
• Monthly progress reports (one electronic copy – pdf)
1.2 Project Meetings
Kick off meeting – the CONSULTANT shall facilitate a kick-off meeting that will
include appropriate CITY, COUNTY, WSDOT, PSE, CONSULTANT, and
SUBCONSULTANT team members. The purpose of the meeting is to confirm
schedule requirements, review and identify design or regulatory constraints that
may be present and that will affect schedule. Additional outcomes of this meeting
include establishment of a common vision, communication protocols, and team
member roles and responsibilities.
The CONSULTANT will have internal project coordination meetings throughout the
duration of the Project. Team meetings take place on a biweekly basis throughout the
duration of the Project; unless the Project is in a CITY review phase and team meetings
are not warranted. It is anticipated that the Project PM and/or design task leads will
attend the meetings or call into meetings to provide coordination issues and status
updates. CITY staff will attend the project team meetings between the 30% and 90%
submittals, on an as needed basis to resolve questions, comments, and assist in
development of the 90% plans. This is estimated up to 12 meetings (up to 1 hour long)
for this project including the kick-off meeting. It is estimated that up to 4 of these
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
meetings will be held at the City of Sammamish and will include travel time for a 1 hour
meeting time.
2.0 UTILITY COORDINATION
2.1 Utility Meetings
• Up to two (2) meetings with PSE (each lasting up to 2.5 hours including
commute time) to confirm pole attachment. It is assumed this would be
composed of both field and office meetings.
• Time for PSE to perform structural calculations
2.2 Utility Design
CITY will assist CONSULTANT in contacting all existing utilities within the corridor
and obtain available as-builts and construction record drawings for the existing
utilities. This project has limited areas where fiber conduit will need to tie into
existing infrastructure so this research will be limited to those areas determined
after the conceptual ITS design.
CONSULTANT will review spot locations of existing utilities and include pertinent
information in the basemap CADD files.
CONSULTANT will evaluate existing utility poles for attachment of proposed fiber
optic design by:
• Reviewing GIS information provided by PSE
• Visiting spot locations of utility poles to document utility pole number, if
necessary. The current plan is to utilize Northing and Easting coordinates to
identify existing utility pole locations on the drawings.
• Preparing a schedule for pole height attachment points after coordination
with PSE, if necessary
• Annotating information for fiber slack and fiber drops at each of the
signalized intersections including future signalized intersections.
o Up to twelve (12) intersections (existing signalized and future
proposed) requiring a fiber drop.
3.0 BASEMAP DEVELOPMENT
3.1 Surveying Control Points and Basemap Tie-in (KPG)
CONSULTANT (KPG) shall provide surveying control points along the project
corridor (minimum of two (2) along 228th and two (2) on SR202) and align
basemap in proper coordinate system utilizing Google or Bing map (or equivalent)
aerial information for the project length
o The coordinate system for this project will be referenced to NAD
83/91 or equivalent for horizontal control.
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
o To support photogrammetric data collection, field survey ground
control will be needed. The CONSULTANT (KPG) shall assume an
appropriate number of control points. The CONSULTANT shall select
actual photo-identifiable control locations using the project imagery
(i.e. turn arrows, stop bars, monuments, etc.).
Aerial basemap limits along 228th Ave NE corridor will be from NE 11th Place north
to SR202 with specific intersection information for the following signalized or future
signalized intersections. This would include digitized symbols for service cabinets,
signal controller cabinets, junction boxes. Existing utility poles will be shown on the
basemap where visible from aerial map.
o 228th Ave NE/ NE 12th Pl
o 228th Ave NE/ NE 25th Way
o Sahalee Way NE/ NE 28th Pl (future)
o Sahalee Way NE/NE 36th St (future)
o Sahalee Way NE/ NE 37th Way
Aerial basemap limits along SR 202 will be from Sahalee Way NE east to 244
th
Ave
NE with utility poles shown along with pavement edge. Specific intersection
information for the following signalized intersections will include digitized symbols
for the service cabinets, signal controller cabinets, signal mast arms, and junction
boxes. Existing utility poles will be shown on the basemap where visible from aerial
map.
o SR202/ 192nd Drive NE
o SR202/ Sahalee Way NE
o SR202/ 228th Ave NE
o SR202/236th Ave NE
o SR202/244th Ave NE
Assumptions:
o Conventional survey mapping of existing features and utilities is not
included in this task. Features obscured by trees or other vegetation
will not be shown.
o KPG CAD drafting standards will be utilized for basemap production.
Creation of design alignments and stationing is not included in this
task.
o The latest version of available aerial imagery will be imported. Newer
improvements may not be reflected in available imagery.
Deliverables:
• AutoCAD Civil 3D version 2017 dwg file containing aerial imagery, survey
control, and utility features as described above.
3.2 Basemap supplement
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
• CONSULTANT shall develop an existing basemap for the existing signalized
intersections for specific related elements such as the signal mast arm, signal
heads, mast arm signs, junction boxes, signal and service cabinets at the
intersection.
• CONSULTANT shall utilize CITY provided and collected utility as-builts to
supplement existing basemap
• CONSULTANT shall incorporate PSE provided GIS locations of existing utility
power poles
4.0 SITE REVIEW
4.1 Verification of attachment to utility poles.
• CONSULTANT will confirm poles with lines crossing over roadways.
Attachment points along with sag must meet minimum height clearances
over roadway.
4.2 CCTV camera placement on SR202 signal mast arms
• CONSULTANT will coordinate review of proposed cameras with WSDOT and
CITY and determine which existing signal mast arm the proposed camera
should be located at the following intersections.
o SR202/ 192nd Drive NE
o SR202/Sahalee Way
o SR202/ 228th Ave NE
o SR202/236th Ave NE
o SR202/244th Ave NE
Additional known meetings that will be necessary include coordination in the field with
WSDOT at the aforementioned locations. It is assumed there are up to two additional
meetings for these intersections to review controller, field observation of conduit fill,
and FYA designs at the following intersections.
o SR202/ 228th Ave NE
o SR202/236th Ave NE
4.3 FYA on existing signal poles at up to two intersections on
SR202.
• CONSULTANT will coordinate review of proposed FYA designs for the
following intersections with WSDOT and the CITY.
o SR202/ 228th Ave NE
o SR202/236th Ave NE
4.4 Review of City Hall for TMC
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
• Up to two (2) visits to City Hall for the design of the TMC after review of
existing building as-builts. Visits will include review of existing
communication rooms, electrical rooms, and the future room for the TMC.
Visits will include both CONSULTANT and CONSULTANT (ECH) for this task.
5.0 SYSTEMS ENGINEERING (Smart City Traffic)
CONSULTANT (Smart City Traffic) shall assist the CITY to support technology
selection and to comply with Federal-funding requirements, the following tasks will
be completed:
• Video Management System Systems Engineering
• Video Display System Systems Engineering
• Buy American Act Compliance
• Sole Source Certification
The Phase 1 Sammamish ITS completed prior to this contract, received an FHWA
approved Systems Engineering document for the adaptive signal system. The
Insync adaptive system was installed for the signals along the 228
th
corridor to the
south of this project. This project will now include additional signalized
intersections utilizing the InSync adaptive signal system and also add in a video
management system and TMC within the City of Sammamish City Hall building.
5.1 Video Management System Systems Engineering (Smart
City Traffic)
This work shall define the video management system used for the TMC (or future
TMC capabilities) at the City of Sammamish:
5.2 Video Display System Systems Engineering (Smart City
Traffic)
The work shall include:
• Interview with CITY staff regarding their current and future video
management needs.
• A review of available systems as compared to the CITY’s needs.
• Validation and verification plans, prepared at a high level, suitable for
inclusion in the project specifications.
• Systems engineering supplement for Rhythm Insync ASCT.
• Draft and final Systems Engineering documentation, including WSDOT
form/checklist and related attachments.
• Final SE documentation for FHWA and WSDOT approval.
CITY will need a selection of the camera management system. CITY currently has a
traffic viewing from Rhythm Engineering for adaptive signals.
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
5.3 Buy America Act Compliance (Smart City Traffic)
To support a successful bid process, this task provides support for the bid process to
ensure that bidders
understand the requirements of the Buy America Act (BAA). The work shall include:
• RFP support, including any potential approach to multiple RFPs that will help
ensure BAA compliance.
• Preparing a PowerPoint presentation for a mandatory pre-bid meeting to
provide information on BAA compliance to the bidders.
• Delivering the presentation at the pre-bid meeting.
5.4 Sole Source Certification (DKS)
This task will complete the sole source certification request to expand the existing
Adaptive Traffic Signal Control system to new intersections. The scope can also
include up to 2 other technologies that are sole source due to synchronization. The
work shall include:
• Draft and final sole source certification requests for up to 3 sole source items.
• Assist CITY on completing the PIF and related PIF documents for WSDOT
approval.
6.0 ENVIRONMENTAL DOCUMENTATION (HDR)
This project is federally-funded and is therefore subject to compliance with the
National Environmental Policy Act (NEPA). The relatively modest scope of this
project will likely be eligible for NEPA Categorical Exclusion (NEPA CE). At a
minimum, a NEPA CE requires submission and approval of a completed WSDOT
Categorical Exclusion Form and potentially supplemental environmental
documentation addressing specific concerns by reviewing agencies. Project
construction is anticipated to occur within existing disturbed right-of-way and
therefore eligible for NEPA exemptions related to cultural resources, environmental
justice, and endangered species act compliance identified in the WSDOT LAG Manual
Chapter 24.
6.1 WSDOT CE Initial (HDR)
Complete initial draft of WSDOT Categorical Exclusion Form for submission by the
CITY to WSDOT Local Programs, WSDOT Northwest Region Office for approval. The
approval process is typically an iterative process with the CITY submitting
successive drafts for agency review and comment addressed in subsequent task(s).
The initial draft document shall incorporate the project elements so that the CE
form can be completed in the following task.
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
6.2 WSDOT CE Final (HDR)
Respond to agency comments on initial submission by performing follow-up
responses, revisions to the form and resubmittal to the CITY. This will include
coordination to complete the Final CE documentation.
Note: this task excludes specialized environmental review by additional
technical/specialized disciplines such as archeologists, biologists, hydrologists,
wetland specialists etc.
Deliverable(s):
• WSDOT CE initial deliverable, electronic copy
• Responses to one consolidated review of comments, electronic copy
• WSDOT CE final document deliverable (performing revisions to initial deliverable), electronic
copy
6.3 OPTIONAL TASK(S) – Not included in scope of work
These are not included in the current scope of work or level of effort including but
not limited to additional state or local land use or construction permits, real estate
services, specialized environmental review by additional technical/ specialized
disciplines such as archeologists, biologists, hydrologists, wetland specialists, etc.
Since it is impossible to predict such concerns without more information on the
project, we are proposing an initial scope, with the expectation that additional tasks
may be added in response to agency review following submittal of the completed
form.
7.0 CONTRACT DESIGN
CONSULTANT will document standards to be utilized in the design of this project.
Current plan is to utilize WSDOT boilerplate specifications for the ITS project and
CSI specifications for the TMC project.
The design scope will include two separate design package: one for the ITS project
and one for the TMC project and these will be organized as follows.
ITS project will include:
I. NE 12th Pl to Northern CITY Limits on West side of roadway using
existing PSE utility poles and new underground at some intersections.
a. Current HUB at City Hall includes two separate 48 count single mode
fiber optics (SMFO) cables one to the north and one to the south.
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
Currently only 32 count goes directly into the City Hall. The City
would like to have this fiber updated to a 96 count SMFO cable.
b. InSync adaptive signal design for the following locations. Utilizing
existing systems engineering documentation of the InSync system to
expand the adaptive signal system to two additional signalized
intersections along the 228
th
Ave NE corridor
i. 228
th
Ave NE/ NE 25
th
Way
ii. Sahalee Way NE/ NE 37
th
Way
c. Fiber drops at the following locations
i. 228
th
Ave NE/ NE 12
th
Pl
ii. 228
th
Ave NE/ NE 25
th
Way
iii. Sahalee Way NE/ NE 28
th
Pl (future signal)
iv. Sahalee Way NE/NE 36
th
St (future)
v. Sahalee Way NE/ NE 37
th
Way
II. Installs fiber optics (FO) from northern Sammamish City Limits to SR202
a. Connection of the TMC to WSDOT fiber to allow the CITY to tie into
the WSDOT Traffic Busters system, WSDOT TMC, and King County
TMC.
III. Interconnect on SR202 from Sahalee Way NE to tie into WSDOT central
system east to 244
th
Ave NE. Including the connection to the existing
signal at SR202/Sahalee Way NE (208
th
Ave NE).
IV. Flashing Yellow Arrow signal design at the following intersections:
a. SR202/ 228th Ave NE
b. SR202/236th Ave NE
V. New CCTV Camera design at the following signalized intersections:
a. SR202/ 192nd Drive NE [New CCTV camera design]
b. SR202/Sahalee Way
c. SR202/ 228th Ave NE
d. SR202/236th Ave NE
e. SR202/244th Ave NE
VI. Traffic Control for each of the proposed improvements
VII. Buy America provisions and bid items, if applicable
TMC project will include:
I. Systems Engineering plan for TMC project
II. Tie in of a new 96 count SMFO from the intersection of SE 8
th
and 228
th
to
the building communications room.
III. Design layout between the TMC area and the communications room and
electrical.
IV. OPTIONAL – evaluation of HVAC design of the TMC area if the room is
enclosed and requires a separate design for the HVAC system
V. TMC area architecture layout, design and CSI specifications
VI. BUY America provisions and bid items
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
7.01 DESIGN DELIVERABLES
General Deliverable Criteria
For deliverables, the CONSULTANT shall provide the following unless otherwise
specified in a task:
• 100:1 scale for Interconnect drawings
• 20:1 scale for signal drawings
• Final PDF versions of deliverables
• Electronic copies and one reproducible “camera ready” hard copy of
deliverables
• AutoCAD 2018 files shared of deliverable. WSDOT portion of the project will
also utilize AutoCAD2018 because this is a City of Sammamish project.
• Hard copy of plans will be 11x17
• All survey data shall be in the appropriate datum for the project
7.1 ITS DESIGN DELIVERABLES
7.11 Conceptual Design
The conceptual design will establish the concepts for ITS on a roll plot. This task
will progress the major design elements to a 15% level, and perform specific
activities to support this design level. Order of Magnitude estimates will be
performed under this task.
7.12 60% Design PS&E
CONSULTANT will develop the 60% plans based on the following breakdown of plan
sheets.
60% plans will include the following:
• Cover Sheet
• Sheet Index
• ITS (interconnect) Plans –
o Up to 24 plan sheets
o Up to 5 details
• Adaptive Signal design plan sheets for signals noted in Contract Design
o Up to 2 plan sheets for signals
o Detail sheet
• CCTV and FYA designs for WSDOT signals noted in Contract Design
o Plan sheets for signals – up to 4 plan sheets total
o Up to 4 wiring diagrams total
o Up to 3 detail sheets
• Traffic Control – No traffic control will be submitted as part of the 60% set
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
o Not included in scope for 60% deliverable
Cost Estimate will include separate bid schedules for CITY, COUNTY, and STATE
sections for the contract bid estimates.
Deliverable(s):
• 5 hard copies of plans
• Electronic PDF copy of plans
• 2 hard copies of specifications (unbound)
• Electronic MS Word file and PDF file of specifications
• Two hard copies of requested changes to Division 1
• Electronic MS Word file and PDF file of requested changes to Division 1
• 2 hard copies of estimated construction and project cost
• Electronic PDF file of estimated construction and project cost
• Electronic PDF copies of PIF
7.13 90% Design PS&E
ITS designs for this deliverable will be completed by incorporating appropriate 60%
review comments.
90% plans will include the following:
• Cover Sheet
• Sheet Index
• ITS (interconnect) Plans
o Up to 24 plan sheets
o Up to 5 details
• Adaptive Signal design plan sheets for signals noted in Contract Design
o Up to 2 plan sheets for signals
o Detail sheet
• CCTV and FYA designs for WSDOT signals noted in Contract Design
o Plan sheets for signal – up to 4 plan sheets
o Up to 4 wiring diagrams
o Up to 3 detail sheets
• Traffic Control –
o Single lane closure traffic control plans – up to 4 sheets
o Single lane flagger traffic control plans - up to 2 sheets
o Intersection traffic control plans – up to 2 sheets
o SR202 site specific lane closures for utility work – up to 4 sheets
o SR202 intersection lane closures – up to 4 sheets
Cost Estimate will include separate bid schedules for CITY, COUNTY, and STATE
sections for the contract bid estimates.
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
Bid package for ASCT software and hardware procurement incorporated into the
project design package.
Deliverable(s):
• 5 hard copies of plans (11x17 paper)
• Electronic PDF copy of plans
• 2 hard copies of specifications (unbound)
• Electronic MS Word file and PDF file of specifications
• Two hard copies of requested changes to Division 1
• Electronic MS Word file and PDF file of requested changes to Division 1
• 2 hard copies of estimated construction and project cost
• Electronic PDF file of estimated construction and project cost
• Electronic PDF copies of PIF
• Bid package for ASCT software and hardware procurement
7.14 100% Design PS&E
100% PS&E will follow the estimated sheets noted in the 90% PS&E section
Deliverable(s):
• 5 hard copies of plans (11x17 paper)
• Electronic PDF copy of plans
• 4 hard copies of specifications (2 bound, and 2 unbound)
• Electronic AutoCAD copy of plans
• Electronic MS Word file and PDF file of specifications
• Two hard copies of requested changes to Division 1
• Electronic MS Word file and PDF file of requested changes to Division 1
• 2 hard copies of estimated construction and project cost
• Electronic PDF file of estimated construction and project cost
• Electronic PDF copies of PIF
7.15 Bid Proof Set Design PS&E
Bid Proof Set PS&E will follow the estimated sheets noted in the 90% PS&E section
Deliverable(s):
• 5 hard copies of plans (11x17 paper)
• Electronic PDF copy of plans (signed)
• Electronic MS Word file and PDF of specifications
• Electronic PDF file of estimated construction and project cost
• Electronic copy of PIFs for City documentation only
• 2 hard copies of full size signed plans (22x34 sheets, standard paper)
7.16 Quality Control Reviews (partial from HDR)
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
Quality control reviews performed by an staff familiar with the work involved that
provides and independent review of the work before each submittal above including
the conceptual, 60%, 90%, 100%, and Bid Review set. This review will also include
a review of the systems engineering documentation.
This will also include an independent QC from HDR, Inc for the conceptual, 60%, and
90% deliverables.
7.2 TMC DESIGN DELIVERABLES (ECH)
7.21 CONCEPTUAL DESIGN STAGE: (ECH)
1. Codes, regulations, and standards research as required.
2. Research modular furniture options and make selections for three separate
concepts.
3. Develop three preliminary concepts as required to present options for the
following items:
a. Delineation of TMC area from adjacent open office area:
i. Modular file cabinet or workbench with integral fabric faced
partition(s)
ii. Partial height/pony wall
iii. Modular glazed privacy partition
b. Three different furniture configurations
c. Video/monitor wall:
i. False/partial height wall
ii. Cabinet
iii. Integrated or other type
4. Prepare basic (non-photorealistic) 3D renderings or isometric perspectives
as required to generally illustrate the three different conceptual options
outlined in item 2 above.
5. Prepare materials for and attend one onsite meeting with project
stakeholders to examine existing conditions, take field measurements, and
present and evaluate the three different conceptual options. The project
stakeholders will make final selections from each of the conceptual design
elements identified (2.a-2.c).
6. Prepare updated basic (non-photorealistic) 3D renderings or isometric
perspectives of selected conceptual design elements for final approval.
7.22 PREPARATION OF PERMIT DOCUMENTS AND DELIVERABLES:
(ECH)
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
1. Attend meeting to review final selected concept and discuss any additional
items that may need to be incorporated into the design.
2. Prepare 60% level deliverable consisting of the following:
a. Architectural Specifications Table of Contents
b. General drawing sheets with general notes, anticipated sheet index,
and project and construction information
c. Architectural floor plan and interior elevations for coordination with
Electrical and Telecommunication design
3. Attendance at bi-weekly coordination meetings via teleconference.
4. Prepare 90% level deliverable consisting of the following:
a. Preliminary Architectural Specifications
b. Updated general drawing sheets
c. Egress plan/diagram
d. Architectural demo floor plan
e. Architectural floor plans (floor plan, finish plan and schedule,
furniture and equipment plan and schedule)
f. Interior elevations
g. Architectural details and sections
5. Attend 90% design review meeting via teleconference.
6. Prepare 100%/Permit level deliverable consisting of the following:
a. Final Architectural Specifications including FF+E Appendix
b. Final Architectural drawings, updated per 90% review comments and
final coordination items (10-11 sheets total) as follows:
i. General drawings (2 sheets)
ii. Egress plan (1 sheet)
iii. Demo floor plan and Architectural floor plan (1 sheet)
iv. Finish floor plan and finish schedule (1 sheet)
v. Furniture plan and schedule (1 sheet)
vi. Interior elevations (1 sheet)
vii. Architectural details and sections (3-4 sheets)
7. Respond to permit review comments.
8. Attend permit review comment response teleconference.
9. Update drawings and specifications in response to permit review comments
and resubmit.
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
7.23 BIDDING SUPPORT SERVICES: (ECH)
1. Prepare “Ready for Bid” Architectural drawings and specification deliverable.
2. Attend bidding coordination meeting via teleconference.
3. Respond to questions from bidders (up to 3 hours total for bidder questions).
8.0 BIDDING SERVICES
8.1 ITS Design
ITS project will include:
▪ CONSULTANT will respond to up to the 14 hours total noted in the fee
estimate for bidder questions.
▪ CONSULTANT will attend bidding coordination meeting via teleconference.
▪ CONSULTANT will prepare up addendum(s) up to the 34 hours total noted in
the fee estimate for addendum work. .
Deliverables:
▪ Responses to bidder questions (as noted above)
▪ Addendum work (as noted above).
TMC project Bid services are already included in the TMC design section above.
9.0 SCOPE ASSUMPTIONS
1. CITY, COUNTY, and WSDOT will provide the following information for their
respective areas:
a. Existing As-builts
b. Existing signal as-builts
c. Existing fiber optic infrastructure
d. Existing HUB locations
e. Contact at PSE for pole numbering and pole attachment
f. ROW maps and limits
g. GIS information for project area
h. Traffic control
i. Identification of impacts to transit operation and emergency
service providers, and any mitigation of those impacts
ii. Daily, nightly, or interim lane restrictions or shoulder closures
iii. Traffic control for this project is assumed to require work on
an interim basis along with the possibility of a moving traffic
control zone that covers large sections of this project. Most of
the two lane cross sections will require flagger controlled
traffic control.
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
iv. Site specific traffic control plans will be developed for the
SR202 WSDOT limited access area
2. Budget for the project scope is based on a project design schedule of 9
months. This will include review and verification of the as-built information
(provided) for locations where proposed improvements are planned.
3. The included fee estimate is an estimate of how we expect to allocate our
time. CONSULTANT reserves the right to move time between tasks as
needed to accomplish the overall goals of the project.
4. This project does not include separate poles for new CCTV. It is assumed
CCTV cameras will be located at existing signalized intersections on existing
infrastructure. DKS design team will discuss with the CITY a couple of
different alternatives if existing poles cannot be used. If scope for both
design and planned construction allow additional design, the additional work
will be included as a contract supplement.
5. Design deviations and civil design work is not included as part of this scope
of work.
6. No UDBE goal on signed contract. This contract will need an SBE
participation plan, which can be completed after project approval.
7. CITY is the Contracting Authority of both the ITS project and the TMC project.
a. CITY will lead the COUNTY and WSDOT portions of this project.
b. CITY will request a time extension of 6 months for this project to
allow contract to complete 90% PS&E by December 15, 2019.
c. CITY will provide a consolidated set of comments from all reviewers
(in MS excel format) for each of the deliverables within the contract.
CITY shall first review and address any comments with conflicts or
address them prior to sending to CONSULTANT.
d. CITY will contact all existing utilities along the corridor to collect
existing as-builts of existing utilities where underground work will be
conducted along the corridor design project.
e. Goal will be to complete 90% PS&E by December 15, 2019.
f. City will provide local agreements with COUNTY and WSDOT for
permission to install fiber infrastructure within said ROW areas and
tie in existing equipment.
g. CITY will lead permit applications and local agreements with
COUNTY, WSDOT, and FHWA.
h. CITY will provide PIF documentation for proprietary information not
covered by WSDOT’s proprietary ITS elements.
i. SYSTEMS ENGINEERING: CITY will provide existing approved systems
engineering documentation for InSync Adaptive system installed
along 11 intersections of the existing 228
th
Ave NE corridor. It is
assumed that this documentation was accepted by WSDOT local
programs. This will be utilized by the CONSULTANT for this project.
j. SYSTEMS ENGINEERING: CITY will provide as-builts of the existing
adaptive signal designs
k. CITY will provide as-builts of the City Hall
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
l. CITY will provide traffic control lane closure hours during
construction and special events.
m. CITY will provide Division 0 and 1 for ITS project.
8. COUNTY, for their portion of the design along Sahalee Way NE between the
northern CITY limits of Sammamish and SR202, will allow the local
agreement and permit for attachment and installation of fiber within their
ROW.
9. WSDOT for their portion along SR202 will allow the local agreement and
permit for attachment and installation of fiber within their ROW. The CITY
will coordinate with WSDOT (Developer Services, Traffic Operation, Traffic
Services, Environmental, and Utilities) and the local utility for the permit
necessary to attach proposed fiber.
a. Scope is limited on this project for installation of CCTV cameras on
existing infrastructure and utilizing existing signal mast arms to
install FYA (replacing existing signal heads). Scope is also limited in
tying into existing infrastructure with limited impact to sidewalks. No
ADA design, civil design, channelization, or change in signal mast arms
are anticipated for this project or included in this scope of work.
b. It is assumed existing conduit fill is available for the proposed
improvements on this project. New proposed conduit from OH aerial
conduit is assumed to fit into existing junction box fills and existing
conduit fills into the cabinet.
c. WSDOT to confirm what size fiber optic cable to be utilized for aerial
installation along SR202 from Sahalee Way NE to 244
th
Ave NE.
d. WSDOT signals will not be on an adaptive system. The signals will
however connect to a central signal system in NWR Dayton.
e. Existing as-builts along SR 202.
f. Location of HUBs and tie in point.
g. Existing conduit and fiber infrastructure.
h. Federal boilerplate for specifications and special provisions.
i. WSDOT will coordinate with CITY for connection to CITY fiber and
WSDOT traffic busters system.
j. WSDOT will confirm placement of proposed CCTV camera on the
signal mast arm or signal pole closest to the signal cabinet. Proposed
CCTV camera assumed to be power-over-ethernet. CCTV bracket
attachment details will be provided by the WSDOT.
k. WSDOT will provide lane closure hours during construction.
l. Proposed flashing yellow arrow design will be shown on the plans and
not require new signal poles or controllers. The design will require
new wiring from the new signal indication to the terminal cabinet.
CONSULTANT will review existing as-builts and verify conduit fill
pathways to existing infrastructure.
m. WSDOT has already evaluated and approved the noted FYA
installations (SR202/ 228
th
Ave NE and SR202/236
th
Ave NE) for sight
distance, operations, and safety. CONSULTANT is only adding the FYA
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
to the EB and WB left turn movements where they exist at these two
locations.
10. PSE will provide:
a. PSE pole locations on GIS.
b. PSE standard and attachment height for each of the utility poles along
the length of the project.
c. PSE pole numbering labels and locations for each existing pole.
d. It is assumed all existing utility poles can be utilized as part of this
design because it is primarily an aerial design for the length of this ITS
project.
11. Standards for the project:
a. ITS design will be based on WSDOT ITS NW Region Design
Requirements (February 2018 Revision) with the exceptions as noted
above regarding signal and CCTV improvements, WSDOT standard
specifications and WSDOT standard plans and King County signal
design standards based on the limited scope for this project.
b. PSE pole attachment standards – will be provided by PSE.
c. 48 count SMFO cable will be installed along 228
th
Ave NE for the CITY
and COUNTY.
d. 12 count branch fiber between the mainline fiber and the signal
cabinet
e. CONSULTANT will use COUNTY standards for design within
COUNTY’s jurisdiction. If none are available, the CONSULTANT shall
utilize WSDOT standards.
f. WSDOT publications:
i. Standard Specifications for Road, Bridge, and Municipal
Construction, English edition (M 41-10)
ii. Standard Plans for Road, Bridge, and Municipal Construction,
English edition (M 21-01)
iii. Design Manual (M 22-01)
iv. Intelligent Transportation Systems Design Requirements (July
2017 Revision)
v. Amendments and General Special Provisions (updated
quarterly)
vi. Standard Item Table (updated quarterly)
vii. Traffic Manual (M 51 02)
viii. Utilities Manual (M 22-87)
ix. Local Agency Guidelines (M 36-63)
x. Environmental Procedures Manual (M31-11)
g. USDOT publications
i. Manual of Uniform Traffic Control Devices for Streets and
Highways
h. Other local agency publications/design guides:
i. City of Sammamish public works standards
12. ROW: It is assumed there is no purchase or acquisition of ROW included or
needed as part of this scope of work.
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
13. ADA: It is assumed there are no ADA modifications or design included as part
of this scope of work.
14. NEPA: Environmental Compliance Assumptions: (HDR)
a. This project is eligible for NEPA Categorical Exclusion
b. Scope limited to submission of draft and final versions of WSDOT
Categorical Exclusion Form. Additional work may be required by
agency review including but not limited to supplemental
environmental documentation addressing Endangered Species Act
compliance, Section 106 compliance, Section 4F compliance, wetland
delineations, etc. If so, DKS will estimate level of effort and submit
scope amendment request for approval in writing.
c. Environmental review to include site visit to all identified locations of
property acquisition and excavation.
d. No in-person meetings or agency coordination are included other
than site visit.
e. All work to be performed by HDR Environmental Planners. No
additional technical disciplines such as archeologists, biologists,
hydrologists, etc. are included in this scope.
f. Consistent with WSDOT NEPA protocols, the City of Sammamish shall
submit completed WSDOT Categorical Exclusion Form (provided by
DKS) to WSDOT Northwest Region Office for agency review.
g. This scope excludes specialized environmental analysis by additional
technical/specialized disciplines such as archeologists, biologists,
hydrologists, etc.
h. Proposed work would occur within previously disturbed road right-of
–way. No right-of-way acquisition will be required as part of this
project.
15. Separate Bid packages will be developed for the ITS fiber project and the
TMC project.
a. ITS project will utilize WSDOT standard specifications
i. CITY will provide CONSULTANT boilerplate specifications and
CITY approved Division 0 and 1 from a recent transportation
improvement project.
b. TMC project will utilize CSI specifications
16. AutoCAD 2018 will be used for the development of the plans.
17. Architectural General Notes, Assumptions, and Exclusions: (ECH)
a) Background floor plans reflecting actual existing conditions will be
provided in CAD (.dwg) file format by the CITY.
b) General (Division 01 and Division 02) and Engineering Technical
Specification Sections to be provided by the CITY.
c) Electrical and telecommunications design and engineering provided by
DKS Team.
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
d) Cost Estimating services to be added as a supplement, if requested by the
CITY as part of the submittals for 60%, 90%, 100%, and Bid Permit set.
e) Structural engineering services are not included as part of this scope of
work. These services will be added as a supplement, if requested by the
CITY.
f) Change of occupancy classification and occupancy separation will not be
required. This includes but is not limited to the following items:
a. Fire rated barriers/separation will not be required
b. Acoustical separation will not be required
c. Total occupant load is not increased
g) All existing furnishings, furniture, equipment, etc. will be removed from
the future TMC area of work by the owner. Furniture outside of the area
of work will be reconfigured by the owner and located as required to
provide a 48” minimum clear path along future TMC area.
h) All materials, finishes, fixtures, furnishings, and equipment shall comply
with the Buy American Act.
i) Change of occupancy classification and occupancy separation will not be
required. This includes but is not limited to the following items:
j) Fire rated barriers/separation will not be required.
k) Acoustical separation will not be required.
l) Total occupant load is not increased.
m) Alterations to existing mechanical systems will not be required.
n) No changes will be required to existing ceiling systems including
acoustical ceiling tiles and grid, light fixtures, diffusers, etc.
EXHIBIT A – Scope of Work
Sammamish - WSDOT – King County ITS Improvement Project
o) Pre-approved Federal rates that have accepted through the FAR process
will be acceptable, and substantial effort (e.g. extensive WSDOT/State
auditing processes) for rate approvals will not be required.
p) Impact to existing finishes including carpet shall be minimized.
q) Permit, Bid, and Construction document deliverables will be provided in
electronic file format. Reprographics and plotting of deliverables after the
Conceptual Design phase will be provided by DKS.
r) Permit applications will be completed by the owner, all permit fees will
be paid for by the owner.
s) Contractor will maintain for construction drawings and provide complete
and accurate redlines to reflect as-built conditions for preparation of
record drawings.
t) Bidding support services will be limited.
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 16 of 34
Exhibit B
DBE Participation/SBE Plan
In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is
established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is
voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
No mandatory UDBE included in this contract.
CONSULTANT has made efforts to include MWDBE firms as part of the project and this team includes sub-consultants
Smart City Traffic and ECH Architecture who have approximately $30k or 10% of the work on this project.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 17 of 34
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I.
Surveying, Roadway Design & Plans Preparation Section
A.
Survey Data
B.
Roadway Design Files
C.
Computer Aided Drafting Files
GIS and aerial data will be tied in with survey monumentation on this project.
N/A
AutoCAD files will be prepared and shared with the AGENCY at the completion of this project.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 18 of 34
D.
Specify the Agency’s Right to Review Product with the Consultant
E.
Specify the Electronic Deliverables to Be Provided to the Agency
F.
Specify What Agency Furnished Services and Information Is to Be Provided



See Scope of work Assumptions, Task 9.0 for AGENCY furnished services and information
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 19 of 34
II.
Any Other Electronic Files to Be Provided
III.
Methods to Electronically Exchange Data
CADD Files
MS Excel and Word documents
FTP sites will be utilized to exchange large files
E-mail servers will be used to exchange communications between Consultant and AGENCY
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 20 of 34
A.
Agency Software Suite
B.
Electronic Messaging System
C.
File Transfers Format
CADD files in AutoCAD
FTP site for large file transfers
Email to forward email communications
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 21 of 34
Exhibit D
Prime Consultant Cost Computations

I2019-101
Exhibit D
DKS Associates
City of Sammamish
Fee Estimate for Engineering Services
Sammamish - WSDOT - King County ITS Improvement Project
Federal Aid No. CM-9917(029)
DKS Associates
Prepared 4/08/19
Position
Principal
Engineer
Project
Manager
Project
Engineer
Transporati
on Engineer
Assistant
Engineer
CAD
Designer
Intern Admin
Direct Hourly Rate
$84.50
$76.50
$44.25
$49.75
$30.50
$29.25
$22.00
$28.00
Overhead
184.82%
Billing Rate
$266.02
$240.84
$139.31
$156.62
$96.02
$92.08
$69.26
$88.15
Fee
30%
Task 1: Project Management 107 $22,810
1.1. Project Administration
12
12
Sub-consultant Management
5
8
Progress Reporting and Invoicing
10
1.2 Project Meetings
Kick-off meeting
4
4
Team meetings
20
24
8
2. Utility Coordination 81 $13,560
2.1 Utility Meetings
6
6
2.2 Utility Design
Pole schedule and review GIS
6
5
16
16
Visit spot locations
6
8
Annotate fiber drops
4
8
3. Basemap Development 70 $9,542
3.1 Surveying Control Points and basemap tie in (KPG)
2
4
3.2 Basemap Supplement
Up to 5 I/S along SR202
4
12
18
Up to 4 I/S along 228th
4
10
16
4.0 Site Review 43 $9,160
4.1 Verification of attachment to utility poles
2
8
4.2 Review placement of CCTV cameras on SR202 signal mast arms
2
8
4
4.3 Review placement of FYA on existing signal poles at up to two I/S
2
8
4
4.4 Review of City Hall for TMC
5
5.0 Systems Engineering 44 $9,482
5.1 Video Management Systems Engineering
5.2 Video Display System Systems Engineering
6
5.3 Buy America Act Compliance
6
8
5.4 Sole Source Certification
8
4
12
6.0 Environmental Documentation 20 $4,917
6.1 WSDOT CE initial
2
4
6.2 WSDOT CE final
2
12
6.3 Optional Task (Not included in scope)
7.0 Contract Design - Conceptual and 60% 220 $31,594
7.11 Conceptual Design
4
16
24
7.12 60% Design PS&E
8
24
8
40
24
40
Special Provisions and Estimate
2
8
18
4
7.0 Contract Design - Final 90% Design 408 $62,223
7.13 90% Design PS&E
8
48
36
96
60
40
Traffic Control Plans
30
36
24
Special Provisions and Estimate
8
18
4
7.0 Contract Design - Final 100%, Bid, and QC 238 $42,776
7.14 100% Design PS&E
16
24
36
Traffic Control Plans
12
8
8
Special Provisions and Estimate
4
8
18
4
7.15 Bid Proof Set Design PS&E
4
16
24
16
7.16 Quality Control Reviews (Concept, 60%, 90%, 100%, Bid Set)
40
7.0 TMC Design 40 $10,364
7.21 Conceptual Plan
2
7.22 60% PS&E
4
7.23 90% PS&E (DKS limited to comm and electrical)
4
5
7.24 100% PS&E
4
6
7.25 Bid Proof Set Design PS&E
3
7.26 Quality Control Reviews (Concept, 60%, 90%, 100%, Bid Set)
12
8.0 Bidding Services 88 $15,133
8.1 ITS Design - response to 2 bidder questions
2
4
8
Bidding coordination meeting via teleconference
2
Up to 1 Addendum package
2
8
16
8
8.2 TMC Design
4
8
12
12
2
Subtotal Person Hours 169 333 65 408 0 282 80 22
Subtotal Person Fees
$44,958
$80,199
$9,055
$63,902
$0
$25,968
$5,541
$1,939
Sub-Consultants
KPG - Surveying $9,867
HDR - Environmental $18,962
ECH - Architecture $17,922
Smart City Traffic - Systems Engineering $10,000
EXPENSES
Travel - Parking and Mileage $771
Reproduction - 90% and 100% $500
Reproduction - Bid Set $800
Reproduction - TMC contract $1,050
TOTAL COST (Labor + Overhead + Expenses + Fee) $291,433.47
1359 $231,561.92
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 22 of 34
Exhibit E
Sub-consultant Cost Computations
There is not any sub-consultant participation at this time. 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.

I2019-101
Subconsultant
Forms:
KPG
Subconsultant
Forms:
HDR, Inc.
A
cceptance ICR Cognizant Review
M
ay 7, 2018
HDR Engineering, Inc.
8404 Indian Hills Drive
Omaha, NE 68114
Subject: Acceptance FYE 2017 ICR – Cognizant Review
Dear Mr. Joe Cox:
We have accepted your firms FYE 2017 Indirect Cost Rate (ICR) of 150.33% of direct
labor for contracts in effect prior to June 24, 2014 (rate includes 0.398% Facilities
Capital Cost of Money) and 149.31% for contracts awarded on or after June 24, 2014
(rate includes 0.398% Facilities Capital Cost of Money) based on the “Cognizant
Review” from The Nebraska Department of Roads (NDOR). 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.
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
consultantrates@wsdot.wa.gov.
Regards;
ERIK K. JONSON
Manager, Consultant Services Office
EKJ:kms
Subconsultant
Forms:
ECH Architecture
Exhibit (-1
Subconsultant Fee Determination - Summary Sheet
(Mandatory when Subconsultants are utilized)
Project:
Direct Salary Cost (DSC):
Classification Man Hours Rate Cost=
=
$Total DSC
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of
Fixed Fee (FF):
Reimbursables:
Grand Total
FF Rate x DSC of
Itemized =
=
Prepared By:
X
X
X
X
X
X
X
X
X
=% x $
% x $ =
Date:
$
DOT
Form 140-089 EF Exhibit G-1
Revised 8/07
Sub Consultant:
SubConsultant Total
Prime Mark-Up
=
% X
=
City of Sammamish ITS and TMC Design
ECH Architecture
Principal/ QA-QC
Architect 1
Architect 2
Architectural Designer 1
Architectural Designer 2
8
6
7
89
59
Admin 5
48.08
43.75
42.79
34.38
25.96
384.64
262.50
299.53
3059.82
1531.64
25.96 129.80
5667.93
186.20
5667.93
10553.69
30%
5667.93
1700.38
00
0
17921.99
04/10/2019
Exhibit (-2
Subconsultant Fee Determination - Summary Sheet
(Specific Rates of Pay)
Fee Schedule
Subconsultant
Discipline or Job Title
Hourly
Rate
Overhead
@ %
Profit
@ %
Rate
Per Hour
DOT 140-089 EF Exhibit E-2
8/07
ECH Architecture
186.20 30
Principal/ QA-QC
48.08 89.52 14.42
152.03
Architect 1
43.75 81.46
138.34
13.13
Architect 2
42.79 79.67
135.30
12.84
Architectural Designer 1
34.38 64.02
108.71
10.31
Architectural Designer 2
25.96 48.34
82.09
7.79
Admin
25.96 48.34
82.09
7.79
Subconsultant
Forms:
Smart City Traffic
Exhibit E-1
Subconsultant Fee Determination - Summary Sheet
(Mandatory when Subconsultants are utilized)
Project:
Direct Salary Cost (DSC):
Classification
Man Hours
Rate
Cost
=
=
$
Total DSC
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of
Fixed Fee (FF):
Reimbursables:
Grand Total
FF Rate x DSC of
SuppliesItemized:
=
=
Prepared By:
X
X
X
X
X
X
X
X
X
=
% x $
% x $
=
Date:
$
DOT
Form 140-089 EF Exhibit G-1
Revised 8/07
Sub Consultant:
SubConsultant Total
Prime Mark-Up
=
% X
=
City of Sammamish ITS and TMC Design
Smart City Traffic LLC
Principal
40
104.16
4166.40
4166.40
110
4166.40
4583.04
30%
4166.40
1249.92
0.64
10,000.00
0
0
0
10,000.00
April 10, 2019
Exhibit E-2
Subconsultant Fee Determination - Summary Sheet
(Specific Rates of Pay)
Fee Schedule
Subconsultant
Discipline or Job Title
Hourly
Rate
Overhead
@ %
Profit
@ %
Rate
Per Hour
DOT 140-089 EF Exhibit E-2
8/07
Smart City Traffic LLC
110
30
Principal
104.16
114.58
31.25
249.99
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 23 of 34
Exhibit F
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1.
Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the “REGULATIONS”),
which are herein incorporated by reference and made a part of this AGREEMENT.
2.
Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
3.
Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract, including procurement of materials or leases of equipment, each potential sub-
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT’s obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4.
Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with
such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is
in the exclusive possession of another who fails or refuses to furnish this information, the
CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set
forth what efforts it has made to obtain the information.
5.
Sanctions for Non-compliance: In the event of the CONSULTANT’s non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
•
Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
•
Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
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 REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as
a means of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the
interests of the United States.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 24 of 34
Exhibit G
Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of
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

I2019-101
The Agency Official
X
Agency Official
Local Agency of City of Sammamish, WA
that the consulting firm
Washington State Department of Transportation
I2019-101
Subconsultant
Forms:
KPG
Subconsultant
Forms:
HDR, Inc.
Subconsultant
Forms:
ECH Architecture
Subconsultant
Forms:
Smart City Traffic
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 31 of 34
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the
resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some
material damage due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Local Programs Engineer should be
informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer
may appoint an agency staff person other than the project manager, who has not been as directly
involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include all decisions and descriptions
of work, photographs, records of labor, materials, and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design
error(s), there are three possible scenarios:
•
It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
•
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced
from the consultant’s agreement with the agency for the services on the project in which the design
error took place. The agency is to provide LP, through the Region Local Programs Engineer, a
summary of the settlement for review and to make adjustments, if any, as to how the settlement
affects federal reimbursements. No further action is required.
•
There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 32 of 34
Step 5 Forward Documents to Local Programs
For federally funded projects, all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt to
find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
•
If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to
reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal
participation in the agreed upon resolution of the issue.
•
If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or
by litigation.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 33 of 34
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s
claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the
consultant’s claim(s) that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
•
Summation of hours by classification for each firm that is included in the claim
•
Any correspondence that directed the consultant to perform the additional work;
•
Timeframe of the additional work that was outside of the project scope;
•
Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the
additional work; and
•
Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency’s project manager. The project manager will review the consultant’s claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the
Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through
the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will
need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo,
including backup documentation to the consultant to either supplement the agreement, or create a new
agreement for the claim. After the request has been approved, the Agency shall write the supplement
and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the
final payment for the agreement is subject to audit. No further action in needed regarding the claim
procedures.
If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures.
I2019-101
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018
Page 34 of 34
Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
•
Copy of information supplied by the consultant regarding the claim;
•
Agency’s summation of hours by classification for each firm that should be included in the claim
•
Any correspondence that directed the consultant to perform the additional work;
•
Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associate
with the additional work;
•
Explanation regarding those areas in which the Agency does/does not agree with the consultant’s
claim(s);
•
Explanation to describe what has been instituted to preclude future consultant claim(s); and
•
Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or Commission
approval (as appropriate to agency dispute resolution procedures). If the project involves federal
participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement
of the claim. If the claim is not eligible for federal participation, payment will need to be from agency
funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and
rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit
I2019-101
Download
Save PDF to desktop
Email
Email completed PDF
Send for Signing
Email for others to sign
Print
Print document
Choose a Field
Click on a field and
select the person that should complete it
Want to add a signature?
You can add a signature field
and assign it to someone else
to sign
Choose a Field
Click on a field and
select the person that should complete it

Local Agency A&E Professional Services Negotiated Hourly Rate (City of Sammamish)

This document is locked as it has been sent for signing.

You have successfully completed this document.

Other parties need to complete fields in the document. You will recieve an email notification when the document has been completed by all parties.

This document has been signed by all parties.

Completed 24 January 2021

Message

View Audit Log
Print With Audit Log
Duplicate Document