26710 - South Rd 68 Pavement Preservation RFQ.pdf

Public Works Department – Engineering 525 N Third Avenue

Pasco, WA 99301 Phone 509.544.4135

REQUEST FOR QUALIFICATIONS

Engineering Services for South Road 68 Pavement Preservation

Fed. Aid No. NHPP-3515(011)

Project No. 26710

RESPONSE DUE: Thursday, August 20, 2026, at 11:00AM

July 2026

CITY OF PASCO, WASHINGTON

#26710 – South Road 68 Pavement Preservation RFQ

TABLE OF CONTENTS

1 INFORMATION AND INSTRUCTIONS

1.1 INVITATION TO PROPOSE

1.2 INTENT OF THE CITY

1.3 QUESTIONS

1.4 SUBMISSION PROCEDURES

1.5 LATE SUBMITTALS AND MODIFICATIONS

1.6 WITHDRAWAL OF SUBMITTALS

1.7 NON-MANDATORY SITE VISIT

1.8 CONDITIONS AFFECTING THE WORK

1.9 RFQ CONTENTS

1.10 CITY REPRESENTATIVES

1.11 FORMAT OF SUBMITTALS

1.12 BASIS FOR SELECTION

1.13 WSDOT LOCAL AGENCY A&E PROFESSIONAL SERVICES NEGOTIATED HOURLY RATE

CONSULTANT AGREEMENT

2 SCOPE OF WORK

2.1 BACKGROUND

2.2 PURPOSE

2.3 SCOPE OF WORK

2.4 PROJECT SCHEDULE

2.5 CITY RESPONSIBILITIES

3 SELECTION CRITERIA

3.1 SUBMITTAL REQUIREMENTS

3.2 CONSULTANT QUALIFICATIONS

3.3 INTERVIEW PROCESS

APPENDIX A: WSDOT LOCAL AGENCY A&E PROFESSIONAL SERVICES NEGOTIATED HOURLY RATE

CONSULTANT AGREEMENT

1 INFORMATION AND INSTRUCTIONS

1.1 INVITATION TO PROPOSE

The City of Pasco (City), Washington, (City) of Public Works – CIP Engineering is soliciting a Statement of Qualifications (SOQ) from qualified Consultants registered in the State of Washington to provide professional engineering services for the design of the South Road 68 Pavement Preservation (Federal Aid No. NHPP- 3515(011)) funded through the 2025 National Highway System (NHS) Asset Management Program.

The project has a Federal Small Business Enterprise (FSBE) goal of 0%. It does have a ten percent (10%) voluntary Small Business Enterprise (SBE) goal. Continuous outreach to include FSBE and SBE firms is required.

If FSBE and SBE firms are used a Commercial Useful Functions (CUF) review on firms is expected and reporting of payments in the DMCS system is required.

The selected Consultant will be tasked with the Right-of-way (ROW), topographic and ROW survey, and geotechnical analysis of the South Road 68 Pavement Preservation project.

Responses shall be submitted electronically. One electronic copy, including attachments, shall be transmitted to Brooklynn Jefferson at jeffersonb@pasco-wa.gov. Email Subject shall be: #26710 – South Road 68 Pavement Preservation – SOQ with a maximum size of 20MB. The due date is Thursday, August 20, 2026, no later than 11:00am PDT.

Technical questions regarding the scope of this project should be put in writing and directed to both City Representatives listed in Section 1.10 below, no less than three (3) working days prior to the time that submittals are due.

There is no pre-proposal meeting for this project. Applicants are free to visit the site themselves in preparation for the SOQ, City staff will not be available for the potential site visit.

The City of Pasco, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252,42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Projects funded wholly or in part by Federal appropriations must comply with Code of Federal Regulations; 24 CFR 570.502, 24 CFR 85.36, 2 CFR 200. All federally-funded projects will be held to federal Equal Employment Opportunity (EEO) requirements. The City of Pasco is an equal opportunity and affirmative action employer.

Small, minority, and women-owned businesses are encouraged to submit bids. The City of Pasco in accordance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by e-mailing Brooklynn Jefferson at jeffersonb@pasco-wa.gov or calling (509) 202-4793.

Those submitting Firms determined to be best qualified to undertake the services required under this RFQ may be invited to an interview (with the possibility of making a presentation) to the City’s selection committee.

The City reserves the right to reject any and all responses and to waive technicalities or irregularities, and after careful consideration of all submissions and factors involved make the award to best serve the interests of the City of Pasco.

Para más información o para solicitar un intérprete, favor de comunicarse con Ryan Mahaffey al 509-905- 2609 o mahaffeyr@pasco-wa.gov.

mailto:wittmand@pasco-wa.gov.

mailto:wittmand@pasco-wa.gov.

mailto:jeffersonb@pasco-wa.gov mailto:mahaffeyr@pasco-wa.gov

City of Pasco, Washington

Prepared by Vincent Malong, EIT – Engineer II

Reviewed by Brooklynn Jefferson, - Project Coordinator I

Approved by Andrey Avetisyan, PE – Engineering Manager

1.2 INTENT OF THE CITY

The objective of this RFQ is to provide sufficient information to enable qualified Consultants to submit a single, written SOQ. The Consultant’s SOQ shall demonstrate their recent and relative engineering experience in the ROW acquisition, topographic and ROW survey, and geotechnical analysis of said improvement projects. As part of the project team, the selected Consultant is expected to work closely with City Engineering and Operations staff, sub-consultants, and affected property owners to successfully complete the projects.

This RFQ is not a contractual offer, nor is it a commitment to purchase services. Contents of this RFQ and the Consultant’s submittal will be used as the basis to determine final contractual obligations. It is understood that this RFQ and the successful Consultant’s submittal may be attached or included by reference, in part or in whole, to any agreement regarding the services included in this RFQ between the City and said Consultant.

1.3 QUESTIONS

Any explanation desired by a submitting Consultant regarding the meaning or interpretation of the RFQ, or any part thereof, must be submitted in writing (via e-mail) and directed to both City Representatives listed in Section 1.10, no less than three (3) working days prior to the time that submittals are due.

Any interpretation made will be in the form of an addendum to the RFQ, issued by the City and will be posted to the City Website – http://www.pascowa.gov/Bids.aspx. It is the sole responsibility of the Consultant to obtain any RFQ updates or addenda. Please include “South Road 68 Pavement Preservation – RFQ” in the subject line for all emails and correspondence related to this project.

1.4 SUBMISSION PROCEDURES

For consideration, Consultants shall submit an electronic copy of their SOQ. Failure to provide the submittal in the appropriate manner will result in disqualification. Hard-copy or fax submittals are not permitted and will not be accepted. One (1) electronic copy, including attachments, shall be transmitted to Brooklynn Jefferson at jeffersonb@pasco-wa.gov. Receipt time of submittal will be considered the time-stamp of the incoming email created automatically by the City’s email server. Consultants are encouraged to submit the SOQ’s with adequate time for the email to be processed by the City’s email server, with a maximum size of 20MB.

Email Subject shall be:

#26710 – Design for South Road 68 Pavement Preservation – SOQ Submission

Due Date:

Thursday, August 20, 2026, no later than 11:00AM PDT.

1.5 LATE SUBMITTALS AND MODIFICATIONS

Submittals and modifications thereof received after the stated time of closing will not be considered. The City is not responsible for late deliveries. In accordance with the Due Date from Section 1.4 of this RFQ, the time of closing will be determined per the Pacific Time Clock at http://www.time.gov/.

1.6 WITHDRAWAL OF SUBMITTALS

Submittals may be withdrawn by written request up to one (1) hour after the stated time of closing, as mentioned above. Determination of the one-hour grace period shall be calculated based on the same reference as identified in Section 1.5.

1.7 NON-MANDATORY SITE VISIT

There will be no scheduled site visit. Applicants are welcome to visit the site themselves. Do not expect City staff to be available to participate for this site visit.

http://www.pascowa.gov/Bids.aspx http://www.time.gov/

1.8 CONDITIONS AFFECTING THE WORK

Before submitting a Statement of Qualifications, each submitting Consultant is advised to:

1) Examine this RFQ document thoroughly.

2) Ensure familiarity with federal, state, and local laws, ordinances, rules, and regulations that may – in any manner – affect the cost, progress, or performance of the work.

3) Review and be familiar with this project.

4) Study and carefully correlate said Consultant’s observations with the RFQ response.

Failure to do so will not relieve any Consultant from any contractual obligations of the work described herein.

1.9 RFQ CONTENTS

There are twelve (12) pages in this RFQ, including the cover sheet, table of contents, and body, excluding appendices. Each is sequentially numbered at the bottom right corner of the page (Page xx of 12). Appendices each retain their own independent numbering system. It is the responsibility of the submitting Consultant to ensure that all pages are included. If any pages are missing, the Consultant should immediately request a copy of the missing page(s) by emailing the request to the City Representatives listed in Section 1.10. Please write “Design for South Road 68 Pavement Preservation – RFQ” in the subject line. It is the responsibility of the Consultant to procure missing pages; submittals based on incomplete information will not be granted exception for any faults deriving thereof.

1.10 CITY REPRESENTATIVES

Vincent Malong, EIT – Engineer II City of Pasco 525 N 3rd Avenue Pasco, WA 99301 malongv@pasco-wa.gov

Brooklynn Jefferson – Project Coordinator I City of Pasco 525 N 3rd Avenue Pasco, WA 99301 jeffersonb@pasco-wa.gov

1.11 FORMAT OF SUBMITTALS

To assist in the evaluation process, submittals shall conform to the following:

1) The submittal shall be limited to a maximum of twelve (12) pages.

2) All pages will be counted towards the page total, except for the front cover, back cover, tab pages, staff resumes (each not to exceed two ((2)) pages in length), references, and the cover letter. The cover letter shall be limited to a maximum of one (1) double-sided page.

3) All pages shall be 8½” x 11”.

4) Font shall be “Arial” no smaller than “10 point”. The body of this RFQ is written in “Arial 10-point” as example.

5) Margins on all edges should be a minimum of 0.75-inches.

1.12 BASIS FOR SELECTION

A. GENERAL

The selection will be based on the Consultant’s demonstrated experience and qualifications from similar projects within the last five (5) years. For the purposes of this RFQ, similar projects shall mean capital improvement projects that involved the design and installation of overlay projects. The Consultant shall demonstrate the ability to:

providing ROW, survey, and geotechnical services for overlay projects, and provide all associated supporting investigations, analyses, and documentation needed to enable a contractor to successfully bid on and build said improvements.

B. SELECTION COMMITTEE

The Selection Committee will be made up of City selected individuals and may include the City Representatives listed in Section 1.10 of this RFQ.

C. EVALUATION PROCESS

The Selection Committee will review the SOQ submittal and evaluate all responses received based on the criteria provided herein. The City intends to select the Consultant who represents the most highly qualified team to the City and begin the negotiation and award process based on the evaluated scores. Submittals will be scored based on Evaluation Criteria from Section 3.1 of this RFQ. The City reserves the right to make a selection based solely on the information contained in the written submittal.

The City further reserves the right to either interview selected Consultants or request additional information to help in determining the most highly qualified Consultant. Should the City elect to conduct an interview for shortlisted candidates, interviews will be evaluated per criteria from Section 3.3 of this RFQ. The City may make a selection based on any combination of written or interview evaluations.

Selection of The Committee’s selection shall be final. The selected Consultant shall be notified in writing by the City, and no other method shall be considered to be an official notification of selection by the City.

The City reserves the right to reject any or all of the submittals. If the City elects to select one of the submitting Consultants, the City will have the right to negotiate with said submitting Consultant over the final terms and conditions of the contract in the best interest of the City. The primary objective of the negotiations is to maximize the City’s ability to obtain the best value, based on the requirements and evaluations relating to this RFQ. If an agreement cannot be reached, the negotiations will be terminated and similar negotiations will occur with the second-ranked submitting Consultant.

1.13 WSDOT LOCAL AGENCY A&E PROFESSIONAL SERVICES NEGOTIATED HOURLY RATE

CONSULTANT AGREEMENT

The successful Consultant will be required to sign the WSDOT Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement of which is enclosed to this RFQ in Appendix A. Details regarding the needed information are provided in the instructions and include updates of the Consultant’s audited or approved overhead rates. Failure to supply this information by either the prime Consultant or any of their A&E Sub- Consultants, shall cause the Agency to withhold payment until the required information is received and the overhead rate for the billing purposes is approved. Write “#26710 – SOUTH ROAD 68 PAVEMENT PRESERVATION – RFQ” in the subject line for all e-mails and correspondence related to the project. All submitting Consultants are directed to carefully review the WSDOT Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement before preparing their submittal, as the successful Consultant will not be able to modify the wording of the Agreement. The successful Consultant’s refusal to sign the WSDOT Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement will render their submission nonresponsive, all dialogues will be immediately terminated, and negotiations will begin with the second ranked submitting Consultant.

2 SCOPE OF WORK

2.1 BACKGROUND

South Road 68 between Court Street and On/Off I-182 Ramp is a principal arterial connecting residential to the I- 182 and commercial north of the freeway.

City through a 2024 pavement rating study found different degrees of deterioration throughout Road 68. The road currently has extensive longitudinal cracking with some transverse cracking located throughout. In addition, the road contains several isolated areas of alligator cracking and spalling which will be addressed as part of this project. Overall, the scanning data indicated a moderate structural rating with a condition rating that varied from “poor” to “satisfactory” with a total lane miles and overall PCI of 3.12 Lane miles and PCI of 59.5. Based on this study the suggested rehabilitation option for this PCI rating is “Non-structural overlay, cape seal)”.

The South Road 68 Pavement Preservation plans to overlay 1.51-miles of Road 68. Work includes pavement repair, mill and overlay, and curb ramp upgrades (as needed).

The project is funded through the 2023 National Highway System (NHS) Asset Management program.

Support for South Road 68 Pavement Preservation from WSDOT Local Programs was obtained during the grant application process.

2.2 PURPOSE

This RFQ is issued for the purpose of soliciting qualified Consultants to perform Engineering Design Services for the City’s #26710 – South Road 68 Pavement Preservation project. Work will include, but not limited to, the services requested in Section 2.3. Consultants must be able to demonstrate experience in providing these services to a public agency. The selected Consultant shall be responsible for performing all tasks necessary to complete the work that will help deliver bid documents while ensuring they are in accordance with all regulatory agency guidelines and standards, including all efforts described within this RFQ. The Engineering Services contract will ensure a successful, timely, and on-budget completion of the project. The selected Consultant shall be responsible for performing all tasks necessary to complete the work as described herein.

2.3 SCOPE OF WORK

GENERAL

The City is looking for Qualified architectural and engineering professionals to provide services for ROW acquisition, topographic and ROW survey, and geotechnical analysis.

LEVEL OF SERVICE

The following task items are included in this section to aid the Consultant in identifying the level of service required for this contract. The following lists are not all-inclusive. The scope of work may include, but is not limited to:

A. Project Management & Administration

• Provide appropriately qualified staff in support of this project and administration of said resources to ensure timely advancement of the project

• Create, monitor, and update project design schedule

• Prepare and provide monthly invoices with progress reports and budget summaries

• Provide coordination with City representatives to ensure goals, intent, and complete project understanding

B. Design Services

• Conduct site visits, review drawings and other available documentation, gather field data, perform design surveys, etc., as needed, to support the analyses and preliminary design phases for the proposed improvements (conception through 30% phase)

• Development of Civil3D file encompassing topographic survey.

• Development of Civil3D file encompassing existing ROW survey.

• Geotechnical analysis including but not limited to: boring to verify existing pavement depth.

Report to make geotechnical recommendations as needed.

C. Right-Of-Way Services

• Prepare Project Funding Estimate (PFE)

• Prepare ROW plans and legal descriptions.

• Provide services to acquire ROW as required.

• Assist with preparation of ROW certification documentation.

D. Bidding and Award Support

• Assist in answering prospective bidder questions as needed.

E. Construction Management Services

• Assist in answering contractor questions as needed.

2.4 PROJECT SCHEDULE

It is anticipated that services will be provided through 2026 and 2027. It is the City’s intention to have the project construction funds obligated before August 31, 2027. See below for a summary of an estimated project schedule:

Milestones Dates RFQ Due Date 8/20/2026 Begin PE 9/2026 Environmental Documents Approved 11/2026 Right-of-Way Approved 5/2027 CN Obligation 8/2027 Estimated Contract Ad 9/2027 Project Completion 12/31/2028*

*2025 NHS Funding requirement that Construction must be completed as a single contract and authorized by August 31, 2027.

2.5 CITY RESPONSIBILITIES

The City anticipates moving forward with design and subsequent phases of the project with no delay after consultant selection.

City staff will lead the in-house design developing the Plans, Specification, and Estimate, developing the environmental permits, leading the answering questions related to bidding, construction management and inspection, reviewing material submittals and answering RFIs.

Applicants are expected to provide a list to the city of the parcels that require a title report. City will request title reports.

3 SELECTION CRITERIA

3.1 SUBMITTAL REQUIREMENTS

At a minimum, the following items shall be included in the Statement of Qualifications (SOQ) submittal. The Selection Committee will perform a review of submitted SOQs based on the point distribution provided in this section.

After the due date, submittals received by the City will be provided to the Selection Committee for evaluation. Each submittal will be reviewed by the Selection Committee and scored based upon requirements set forth in this Section.

Those requirements, and the scoring below, establish the evaluation criteria herein.

1) Project Team Experience & Qualifications

A. Proposed Staff, Qualifications (25 Points Possible)

• In a narrative, identify the proposed staff member(s) for these services (include working titles, degrees, certificates, and licenses) that are expected to work on this project over the duration of the contract period. Describe the roles and responsibility of each team member (if more than one and why each member is critical to the success of the overall contract. Describe the individual’s experience and capacity for providing the services being requested in this RFQ.

Identify key members by name, position, discipline, and firm, as well as key back up personnel.

Key back up personnel shall be provided for all staff in the organizational chart.

• Resume of Consultant’s key individual(s) and back up personnel are to be included as an appendix. Resume length shall not exceed two (2) pages per team member. DO NOT submit resumes of employees who will not actively work on this project. Note that changing key personnel after the contract has been awarded will be subject to the review and approval of the City. On each key individual’s resume, provide a list of projects providing ROW, survey, and geotechnical services for overlay projects in the last five (5) years by this individual, and a description of the key individual’s role in several key projects, including each of the projects shown in the project history matrix this staff member participated in. Teams demonstrating positive previous collaboration in similar roles on the same types of projects, are preferred.

B. Project History Summary & Matrix (20 Points Possible)

• Provide description of previous experience, including a summarized Project History Matrix.

Indicate what services the proposed firm rendered for each project referenced. At a minimum, provide a list of five (5) recent projects providing ROW, survey, and geotechnical services for overlay projects the Consultant has completed in the last five (5) years. Include an outside point of contact for each one, contact information (phone and email), a brief description of the services provided.

• Provide a matrix listing the same projects, and the team the Consultant has proposed for this project to show the extent to which the proposed team (both firms and staff) has worked on these types of projects. Note that only projects completed by key firms and staff of the project team will be considered. For each of the listed projects, provide the following information:

i. A detailed description of the project scope and the role of the Consultant on the project.

ii. Awarded construction contract value.

iii. Final construction value (after change orders).

iv. Legal action following the project between any involved parties (arbitration, mediation, litigation)

C. References (5 Points Possible)

• Provide the contact information (to include names, phone numbers, and e-mail) for a minimum of three (3) references for the key consultant and their sub-consultants. References should have direct experience with the Project Manager and other proposed key team members on professional services with similar characteristics.

2) Project Understanding & Approach

A. Project Understanding (25 points Possible)

Describe the Consultant’s understanding of:

• The Scope of work Outline in Section 2.3.

• The approach, strategies, project management methodologies, techniques, and tools used to advance this project effectively while minimizing risks.

• The level of commitment the Consultant believes is necessary for this project.

B. Description of Approach (20 points Possible) Describe how the Consultant’s team will:

• Manage and coordinate the necessary disciplines required for accomplishing the required services.

• Lead the development of the project in a way that will result in full compliance with regulatory and funding requirements.

• Approach the gathering of required data and strategies to fill any anticipated gaps that have the potential to compromise the design.

• Coordinate with City staff, funding and oversight agencies, and other stakeholders.

3) Presentation, Organization and Clarity of SOQ Submittal

A. Formatting, Document Clarity (5 Points Possible)

• Consultant’s SOQ shall follow formatting requirements as set forth in Section 1.11 of this RFQ.

Organization of the SOQ, and the manner in which information is presented, should promote the Consultant’s ability to assemble clear and concise documentation.

3.2 CONSULTANT QUALIFICATIONS

The required minimum qualifications for submitting Consultants are as follows.

A. Staff shown in the organization chart should currently possess all applicable certifications and licensing from the State of Washington required to complete the project.

B. Knowledge of all applicable Federal, State, and local regulations and standards.

C. Minimum of five (5) years of experience in providing professional engineering services for public agencies, specifically related to engineering design services for projects providing ROW, survey, and geotechnical services for overlay projects.

3.3 INTERVIEW PROCESS

Should the City elect to conduct interviews with short-listed candidates, Consultants should plan for the following:

A. Interview format (if used):

1) Approximately 30 minute presentation.

2) Approximately 20 minutes for questions and answers.

3) The Consultant’s proposed Project Manager shall lead the presentation. The consultant team participating in the interview must be limited to three (3) representatives.

4) The City may elect to conduct a phone interview without the requirement of a presentation.

B. Presentation: The objective of the interview will be to clearly demonstrate the Consultant’s qualifications to complete the project to the satisfaction of the City. The presentation shall be brief and concise and shall include but shall not be limited to:

1) Team Organization, Qualifications.

2) Project History.

3) Project Understanding.

4) Description of Approach.

5) A discussion of how the team proposes to manage this project and successfully keep the project on schedule and within budget, including approach to communication and collaboration with City staff and public thought the project.

Following a review of the submitted SOQ’s, the City may establish specific requirements and content for the interview to further aid in the determination of the Consultant’s qualifications. The selection team may prepare a list of standard questions for the interview. Additional questions may be developed based on the Consultant’s Statement of Qualifications to clarify information submitted.

Following section of a Consultant, the City will then negotiate a specific scope of services, fees, and schedule with the selected Consultant. If an agreement cannot be reached with the first selected Consultant, the City will terminate negotiations with said Consultant and open negotiations with the second ranked Consultant.

APPENDIX A:

WSDOT LOCAL AGENCY A&E PROFESSIONAL SERVICES

NEGOTIATED HOURLY RATE CONSULTANT AGREEMENT

Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 07/30/2022 Page 1 of 14

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

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 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

Negotiated Hourly Rate Consultant Agreement Revised 07/30/2022 Page 2 of 14

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.

Negotiated Hourly Rate Consultant Agreement Revised 07/30/2022 Page 3 of 14

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 DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop 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.

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: State: Zip: City: 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.

Negotiated Hourly Rate Consultant Agreement Revised 07/30/2022 Page 4 of 14

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 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 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 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 fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee.

http://www.ecfr.gov/

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A. 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 card 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.

B. 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.

C. 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.

D. 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 E. 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.

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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 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 acknowledgment 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 agreement. 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.

Agreement Number:

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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…