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HomeMy WebLinkAbout19-095 - Trantech Engineering - West Valley Highway (I-405 - Strander Boulevard) DesignAft Washington State vP Department of Transportation 19-095 (e) Council Approval N/A Supplemental Agreement Organization and Address Number 05 David Evans and Associates, Inc. Dept. LA 24340 Pasadena, CA 91185-4340 Original Agreement Number 19-095 Phone: Project Number Execution Date Completion Date 99310410 June 11, 2019 December 31, 2025 Project Title New Maximum Amount Payable Tukwila West Valley Highway (T-405 to Strander Boulevard) $1,355,372 Description of Work The project consists of preparing preliminary engineering design, environmental studies and permitting for improvements to both Longacres Way and West Valley Highway (SRI 81), and preparing final design and contract documents for West Valley Highway. The proposed improvements include widening the highway to 7 lanes, bridging over the 60 -in. Seattle Public Utilities water main, a new pedestrian signal, a shared use sidewalk and other related engineering tasks. ROW acquisition is not anticipated. The Local Agency of desires to supplement the agreement entered in to with TranTech Engineering, LLC and executed on June 11, 2019 and identified as Agreement No. 19-095 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: The agreement entered in to with TranTech Engineering LLC was assigned to David Evans and Associates, Inc. effective September 28, 2024. Additional CN Phase Engineering Support work, see Exhibit A - Summary of Payments 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: The contract completion date is amended to December 31, 2025. III Section V, PAYMENT, shall be amended as follows: Additional budget of $30,018 - see Exhibit A for details. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By; Mohammad Sheikhizadeh, Project Manager By; Thomas McLeod ,,, """" Signed by: E,-�" r M&S ktW Consultant Signature Approving nature 12/20/2024 11:05 PM PST DOT Form 140-063 Revised 09/2005 Exhibit "A" Summary of Payments DOT Form 140-063 Revised 09/2005 Basic Agreement Supplement #5 Total Direct Salary Cost $440,682 $11,274 $451,956 Overhead (Including Payroll Additives) $685,630 $15,362 $700,992 Direct Non -Salary Costs $130,777 $0 $130,777 Fixed Fee $68,265 $3,382 $71,647 Total $1,325,354 $30,018 $1,355,372 DOT Form 140-063 Revised 09/2005 Aft Washington State TA Department of Transportation 19-095(d) Council Approval N/A Supplemental Agreement Organization and Address Number 04 TranTech Engineering, LLC 365 118th Ave SE Suite 1000 Original Agreement Number Bellevue, WA 98005 19-095 Phone: 425 453-5545 Project Number Execution Date Completion Date 99310410 June 11, 2019 December 31, 2024 Project Title New Maximum Amount Payable Tukwila West Valley Highway (I-405 to Strander Boulevard) $1,325,354 Description of Work The project consists of preparing preliminary engineering design, environmental studies and permitting for improvements to both Longacres Way and West Valley Highway (SRI 81), and preparing final design and contract documents for West Valley Highway. The proposed improvements include widening the highway to 7 lanes, bridging over the 60 -in. Seattle Public Utilities water main, a new pedestrian signal, a shared use sidewalk and other related engineering tasks. ROW acquisition is not anticipated. The Local Agency of desires to supplement the agreement entered in to with TranTech Engineering LLC and executed on June 1], 2019 and identified as Agreement No. 19-095 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Additional CN Phase work, see Exhibit A - Scope of Work for details. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: December 31, 2024 III Section V, PAYMENT, shall be amended as follows: Additional budget of $59,520 - see Exhibit D for details. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: Mohammad Sheikhizadeh3 Project Manager By: Allan Ekberg D S DocuSigned by: DS �D. sg any M acUs� t it (u'ya�.t,� F9 UAV, f 0t,rro S Consultant Signature Appffi,7fid'Ablffority Signature 12/14/2023 1 10:39 AM PST DOT Form 140-063 Revised 09/2005 Exhibit "A" Summary of Payments DOT Form 140-063 Revised 09/2005 Basic Agreement Supplement #4 Total Direct Salary Cost $420,930 $19,752 $440,682 Overhead (Including Payroll Additives) $658,716 $26,914 $685,630 Direct Non -Salary Costs $123,849 $6,928 $130,777 Fixed Fee $62,339 $5,926 $68,265 Total $1,265,834 $59,520 $1,325,354 DOT Form 140-063 Revised 09/2005 EXHIBIT A Supplement 04 West Valley Highway (Strander Blvd to 1-405) Improvements Project 70747IT41 IWO The City of Tukwila (AGENCY) has retained TranTech Engineering, LLC (CONSULTANT) to provide Construction Management During Construction. The following describes Supplement 04 to this work. 8. ln't llr u 'ti lln 1 a ln a e 11 e in't • Extension of contract past the working days. Due to PSE power issues, additional WSDOT coordination with Hawk mast arm and WHV / Longacres signal mast arm. • Additional change order preparation and independent cost estimates beyond our scope. Original scope had 3, we are working on 8-9. • Additional site inspection time beyond original scope. • Response to 52 RFI, original scope had 4. • Additional design costs for Transpo for Hawk and Longacres revised Mast arms design. West Valley 11iiglhway ( tirandeir Il3llvd to 11 .405) 1 19-095(c) Council Approval N/A Aldft q "r Washington State rffl Department of Transportation Supplemental Agreement Orga n 1 zatio n an d Ad d res s Number 03 TranTecli Engineering, LLC 365 11 Sth Ave SE Suite .1000 Original Agreement Number Bellevue, WA 98005 19-095 Phone: 425 453-5545 Project Number Execution Date Completion Date 99310410 June 11, 2019 December 31, 2023 Project Title New Maximum Amount Payable Tukwila West Valley Highway (1-405 to Strander Boulevard) $1,265,834 Description of Work The project consists of preparing preliminary engineering design, environmental studies and permitting for improvements to both Longacres Way and West Valley Highway(SR 18 1), and preparing final design and contract documents for West Valley Hwy, The proposed improvements include widening the highway to 7 lanes, bridging over the 60 -in. Seattle Public Utilities water main, a new pedestrian signal, a shared use sidewalk and other related engineering tasks. ROW acquisition is not anticipated. The Local Agency of desires to supplement the agreement entered in to with TranTech Engin eering. LLC and executed on June I I , 2019 and identified as Agreement NO. 19-025 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed! to read: Task 13.09 Redesign Needed Due to Utility Interference. Additional work is necessary to include redesigning a portion of the project due to unforeseen utility conflicts significantly impacting the storm drain, mainly the existing gas line during construction phase. 11 Section IV, TIME FOR BEGINNING, AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: December 31, 2023 111 Section V, PAYMENT, shall be amended as follows: An additional $21,386 will be added to the supplemented contract amount of $1,244,448 for a total of $1,265,834. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return, to this office for final action. 1-i��----a Consultant Signature DOT Form 140-063 Revised 09/2006 .... . .. . .... 10-12-2022 Date Exhibit "A" Summary of Payments DOT Form 140-063 Revised 032005 Basic Agreement Supplement 01 Supplement 02 Supplement 03 Total Direct Salary Cost $ 178,847,00 $ 45,371,00 $ 188,537,00 $ 8,175.00 $ 420,930.00 Overhead (including Payroll Additives) $ 288,651-00 $ 77,144.00 $ 282,186.00 $ 10,736.00 $ 658,716,00 Direct Non -Salary Costs $ 53,654.00 $ 13,611.00 $ 56,560.00 $ 24.00 $ 123,849-00 Fixed Fee Total $ $ 10,786,00 531,938.00 $ $ 12,1199,00 148,325,00 $ $ 36,902.00 564,185.00 $ $ 2,452.00 21,386.00 $ 62,339.00 $ 1,265,834,00 DOT Form 140-063 Revised 032005 41190D.Twi Supplement 03 — Scope of Services West Valley Highway (Strander Blvd to 1-405) Improvements Project City of Tukwila =111 � M M, Z The City of Tukwila (AGENCY) has retained TranTech Engineering, LLC (CONSULTANT) to provide preliminary engineering design, environmental documentation, and a complete Plans, Specifications, and Estimates (Contract Documents) documents package as well as bid support and construction management services for the West Valley Highway (Strander Blvd to 1-405) Improvements (PROJECT) in Tukwila, Washington. The CONSULTANT also prepared preliminary engineering design, environmental documentation, and "shelf ready" plans for 'improvements to one or both sides of Longacres Way from SR 181 to the entrance of Sound Transit's Tukwila Station. The following describes Supplement 03 for this work. Additional services provided by the CONSULTANT under this scope will consist of: Task 1: Project Management No Changes Task 3: Survey and Topographic Mapping - I Alliance Geomatics (1AG) No Changes Task 4: Geotechnical Engineering - Landau Associates (LAI) 9 mo Task 5: Environmental and Permitting Services - Landau Associates (LAI) ME= Task, 6: Public Outreach Support 9 am TaslO: Traffic Analysis —Transpo West Valley Highway (Strander Blvd to 1-405) Improvements 1 Task 11: Right -of -Way Coordination Task 12: Bidding Support During Advertisement No Changes Taslic 13: Construction Management 13.9Aedes�Qnneeded due bzotNityinterference During the construction phase ofthe project, onThursday March 24m,2O22the Contractor (ROVVV) potholed in the Northeast area of the project (in the vicinity of station 168+00 to 172+00 rt.) and confirmed that a gas main conflicted significantly impacted the storm drain run in this area. During the design this line was requested to be relocated and PSE potholed and stated the pipe was not found in this location. The AGENCY was notified of this change condition by the Contractor. All parties agreed that the storm drain, could not be installed per plan, and it was determined that a new design was needed. Additional work includes redesigning a portion of the project due to unforeseen utility conflicts significantly impacting the storm drain, mainly the existing gas line during construction phase. During design, coordination with Puget Sound Energy (PSE) was ongoing including plan exchanges in April 2021, pothole location selections in May 2021, potholes completed in June 202I and PSE was unable to locate a gas line through potholing in the vicinity of the stormwater conflicts found during design. During construction, the Contractor found the gas line in the location previously located during design and there was a conflict. As PSE was put on notice of the conflict, they were asked to relocate and agreed 10pay for redesign costs. The stormwater needed to be redesigned multiple times as other designs found water mains and water service connections that were not originally located and so additional changes needed to be made to the design that would not have been necessary had the gas main between the 1-405 on/off ramps and Longacres Way been initially relocated. 0 Puget Sound Energy has agreed to reimburse the AGFNCY for these additional costs. The Engineer ofRecord had to prepare revised plans toaddress the drainiage pipe West Valley 1-1 ighway (Stran der Blvd to 1-405) 1 rnprovemen ts The contractor then potholed for the new design and it was determined that there was a conflict with a utility that was not located. A new design was needed yet again. The Engineer of Record prepared revised plans. ■ Coordination with Filterra supplier and AGENCY. ■ Coordination with PSE and records of conversations throughout design. WestValley Highway (Strander Blvd to 1-405) Improvements EL -n m m 5� 4 u C� LA c cr 0 m P+ r) 0 NJ K) CA) to ca Ca W, o m ML rn Ln mm M r% rb 0 W rb W M -4 -4 CA R In "I a' cn 0 o "n n r) ;z 0 W C) M 0 0 vs CD 1= cn V cc Ln 0 0 0 N I -A co w `A 0 :3 co Z M LA F. ao -4 -4 rn 00 = r) CA uq W, o m ML CD Co cn css rn Ln mm M 0 -4 -4 cn M M 0 (31 cc 0 0 r+ co w `A 0 :3 co M LA F. ao -4 -4 rn = r) CA uq C > w PO -4n , cn c1 4.9 1 CD Co cn css Lo cm '13 .1. F < 3 EL 0 (D :3 I. C> w :r CD U) CD U3 CL IN mm Lo cm '13 .1. F < 3 EL 0 (D :3 I. C> w :r CD U) CD U3 CL IN Adw CPWashington State II)epartment of Transportation 19-095(b) Council Approval 5/17/21 Supplemental Agreement Organization and Address Number 02 TranTech Engineering, LLC 365 118th Ave SE Suite 1000 Original Agreement Number Bellevue, WA 98005 19-095 Phone: 425 453-5545 Project Number Execution Date Completion Date 99310410 June 11, 2019 December 31, 2021 supp0l Project Title New Maximum Amount Payable Tukwila West valley Highway (I-405 to Strander Boulevard) $1,244,448 Description of Work The project consists of preparing preliminary engineering design, environmental studies and permitting, and preparing final design & contract documents for improvements to West Valley Highway (SR 181) as well as preparing preliminary engineering design and environmental studies and permitting for improvements to Longacres Way. The proposed improvements include widening the highway to 7 lanes, bridging over the 60 -in The Local Agency of desires to supplement the agreement entered in to with TranTech Engineering; LLC and executed on June 11, 2019 and identified as Agreement No. 19-095 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: cont. Seattle Public Utilities water main, a new pedestrian signal, a shared use sidewalk and other related engineering tasks, ROW acquisition is not anticipated. (continued original description of work). Optional tasks added include Bidding Support During Advertisement and Construction Management. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: December 31; 2022 III Section V, PAYMENT, shall be amended as follows: An additional $564,185 will be added to the supplemented contract amount of $680,263 for a total of $1,244,448 per attachments in Exhibit B as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. KLS By: Diane Sheesley By: Consultant Signature DOT Form 140-063 Revised 09/2005 Allan Ekberg Approving Authority Signature 06/14/2021 Exhibit "A" Summary of Payments Basic Agreement Supplement 01 Supplement 02 Total Direct Salary Cost $ 178,847.00 $ 45,371.00 $ 188,537.00 $ 412,755.00 Overhead (Including Payroll Additives) $ 288,651.00 $ 77,144.00 $ 282,186.00 $ 647,981.00 Direct Non -Salary Costs $ 53,654.00 $ 13,611.00 $ 56,560.00 $ 123,825.00 Fixed Fee $ 10,786.00 $ 12,199.00 $ 36,902.00 $ 59,887.00 Total $ 531,938.00 $ 148,325.00 $ 564,185.00 $ 1,244,448.00 EXHIBIT A Supplement 02 West Valley Highway (Strander Blvd to 1-405) Improvements Project The City of Tukwila (AGENCY) has retained TranTech Engineering, LLC (CONSULTANT) to provide a complete Contract Documents package for the West Valley Highway (Strander Blvd to 1-405) Improvements (PROJECT) in Tukwila, Washington. Additional work is necessary to be added based on collaboration and coordination with WSDOT, SPU, and other third -party stakeholders. This supplement also adds work for optional tasks 12 Bidding Support During Advertisement and 13 Construction Management During Construction. The following describes supplement 02 to this work. m Project MainageIrneint WIM 2. Basis of Design ll m Survey aind ropo Ilrapllh is Mapping -IIIIIIIIIaIl ce "' eolm tlllcs (1AG) ) 3.1, Right -of -Way, property Lines & Easement Resolution 1AG will review and analyze additional information for right-of-way resolution and easements along Longacres Way. 1AG will also make modifications to the plans to address additional requests for the plans at the 90% comment stage from WSDOT. 4m Geotechinicalll 'ln Ill neellrllllli -L IIS a Associates (LAI) LAI will provide additional geotechnical engineering services requested by Seattle Public Utilities (SPU) and the AGENCY approved to support design of the bridge over the SPU watermain crossing West Valley Highway. Work elements include: ■ A neutral plane analysis was completed as requested by SPU. ■ Additional analysis was completed for a secant pile wall and a drilled shaft wall. ■ Correspondence with SPU regarding options including meetings, phone calls, discussions and additions to the report. West Valley 11iiglhway ( tirandeir Il3llvd to 11.405) 1 LAI will revise its November 2019 technical memorandum to include: ■ Neutral plane analysis. ■ Secant pile wall and drilled shaft wall option information. Assumptions ■ LAI will be provided with a project base map in AutoCAD' format. ■ The bridge will not be designed to resist the effects of soil liquefaction. ■ If needed, pavement design will be completed at a later date under separate scope and budget. ■ If needed, pilot infiltration tests will be completed at a later date under separate scope and budget. 5. Einvillr IlmIrn"Ili t III aind Peinirnittfing"Ilr ices-LaIIS ai I 6.IPulIbIllic Outilreach Support m .... rilra' III II aIII III ..... rilraII 7.1, pedestrian Crossing Evaluation Transpo will provide additional pedestrian crossing evaluation, pedestrian push button design, and signal upgrades necessary to add the crosswalk on the north leg of the West Valley Highway/Longacres Way intersection required by WSDOT for SR 181. This crossing is not an existing crossing and is a WSDOT requirement added during review comments. „rlhm III Ilr - aIlrty StalkellhollIder Coordination 9. Stoinirriwater CoIrriplHaince aind ConveyanceDesign m P111ains., Specifications, & Engineer'sOpinion io Ilii ' Ilructioin Cost (EEOC) The CONSULTANT will prepare the following additional items to be included in the final Bid Ready Contract Documents (Plans, Specifications, & Estimates) for AGENCY review, comment, approval, and advertisement. The AGENCY will compile a written response log to facilitate the CONSULTANT's tracking of all comments and for efficient inclusion in the contract documents. The CONSULTANT will maintain design documentation including design calculations. CONSULTANT will develop the following Plans all at 1"=20' plotted at full-size except for intersection and driveway details at 1"=10' plotted at full-size: West Valley 11iiglhway ( tirandeir Il3llvd to 11.405) 2 Sheet Title Maintenance of Traffic (LAW and WVH/LAW intersection for additional crossing required by WSDOT) Illumination (West Valley Highway) Structural Sheets (additional sheets for bridge) Estimated # of additional Sheets Submittal Phase Estimated Bid Sheets 30% 60% 90% 100% Ready Party 2 X TT 1 X TT 14 X TT 17 Work Elements 10.3 — 10.5 of the original contract will apply for the above new sheets. ■ A second 100% submittal for only the additional sheets may be completed to allow the Agency to provide comments and the Consultant to respond to comments. ■ One full-size (22x34) copy of Plans submitted electronically (Adobe PDF) for each submittal. ■ One copy of the Engineer's Opinion of Construction Cost (MS Excel) for bid items. ■ One copy of the Specifications (MS Word). Desigin Ciriltelrila The design criteria will remain the same as established under the original Scope of Services. Changes in any design standards or requirements after work has begun may result in extra services. Project DeIll lil llraIlblll Documents, exhibits or other presentations for the work covered by this Agreement ("Documents") will be furnished by the Consultant to the AGENCY upon completion of the various phases of the work. Whether the Documents are submitted in electronic media or in tangible format, any use of the Documents on another project or on extensions of this project beyond the use for which they were intended, or any modification of the Documents, or conversion of the Documents to an alternate system or format will be without liability legal exposure to the Consultant: AGENCY shall assume all risks associated with such use, modifications, or conversions. Consultant may remove from the electronic Documents delivered to AGENCY all references to Consultant' involvement and will retain a tangible copy of the Documents delivered to AGENCY which shall govern the interpretation of the Documents and the information recorded. Electronic files are considered working files only- Consultant is not required to maintain electronic files beyond 90 days after final project billing and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal. West Valley 11iiglhway (Stirandeir Il3llvd to 11.405) 3 m III Ilhm - ' Ilr III n ' III II 12.Bidding SupportIIrIII II Ilr' IIIS IIrrien The CONSULTANT will provide limited services prior to the contract advertisement and during the bidding period. The CONSULTANT shall perform limited review of contract documents, review bidder's request for information (RFI), and the CONSULTANT shall prepare bid document addendum as needed. The CONSULTANT will prepare the bid tabulations and bidder responsibility checklist. ■ The AGENCY will manage all activities related to the construction contract advertisement, award, and execution. ■ List of findings from the limited contract documents review. ■ Review up to five (5) RFI's from contract bidders. ■ Develop up to two (2) bid document addenda. ■ Prepare bid tabulations ■ Fill out bidder responsibility checklist m Coinstructiloin Management amen COINS 11"IRU TII II WORKING DAYS The construction working days assumed is 150. The individual tasks to be completed by the CONSULTANT are as follows: ,13.1, project Il aina eirneint This task includes administration of the contract between the CONSULTANT and the AGENCY, preparation of progress reports for the PROJECT. It also includes all administrative services needed to coordinate with the sub-CONSULTANT(s) and to monitor the PROJECT for scope, schedule, budget, and quality. The following are the categorized activities associated with this task: 1. Progress Reports and Invoicing - progress reports will contain a narrative that identifies and describes significant activities performed in the previous period and significant upcoming activities along with the monthly invoice. West Valley 11iiglhway (Stirandeir Il3llvd to 1I .405) 4 2. Construction Team Management, management of scope, schedule, budget, and quality. 3. Management of Sub -consultants. ■ The AGENCY will provide a project manager to respond to the CONSUTANT questions and approval for any potential contract changes, material over -runs, and differing site conditions. ■ Progress Reports ■ Monthly Invoicing ,13.2 IPre-construction Services The CONSULTANT will assist with pre -construction meeting management. The following are the categorized activities associated with this task: 1. Provide agenda 2. Schedule meeting 3. Facilitate pre -construction meeting 4. Provide meeting notes after meeting ■ The AGENCY will provide the CONSULTANT 3 hard copies of the contract documents. ■ The AGENCY will provide a location for the pre -construction meeting. ■ Pre -construction agenda, draft and final meeting meetings. ,13.3 Construction Engineering Support oirt The CONSULTANT will provide engineering support for the contractor's request for information (RFI) that require an engineering response during construction. This will be on an "on-call" basis at the Agency's request during the construction phase of the project. Engineering support for materials submittals will occur as needed. West Valley 11iiglhway (Stirandeir Il3llvd to 11.405) 5 ■ Engineers will provide engineering details, calculations, or responses for up to 10 RFIs. ■ Does not include any inspection of materials that are prefabricated or shop fabricated. These inspections will be performed by WSDOT under agreement with the AGENCY. ■ Up to ten (10) RFI responses. ■ Materials submittal approval assistance. ,13.4 Resident Engineering The CONSULTANT will provide a full-time resident engineer (RE) to the AGENCY for the duration of the contract. The RE will act as the owner's representative leading the CM team for coordination with Agency's staff, designers of record, and stakeholders. The RE's duties will be as follows: 1. Review and coordination with designers of record for responses to the Contractor's RFIs. 2. Reports directly and promptly to the AGENCY's CM Manger for matters relating to contract changes, permit violations, and PROJECT completion delays. 3. Preparation and management of the weekly meetings. 4. Preparation of a gendas and I eading p reconstruction meetings f or drilled s hafts, br idge d eck construction, and difficult concrete placements. 5. Management of risk log and the construction cost to complete. 6. Contractor submittals review (not approval). 7. Review and acceptance of the Contractor's lump sum breakdowns. 8. Daily review of IDRs and FNRs. 9. Review of monthly progress estimates. 10. Frequent site visits particularly during construction of critical elements. 11. Construction C PM s chedule b aseline reviews a nd mo nthly updates f or d etermination o f p otential schedule slippage and delays. 12. Determination of entitlement for contractor's equitable adjustment requests. 13. Negotiations for equitable adjustment for contract changes. 14. Change orders, back up documentation language, independent cost estimates (ICE). 15. Materials test results review. 16. Final site inspection and punch list preparation. 17. Determination and issuance if PROJECT substantial and physical completions. 18. Closeout activities. 19. Attends Project Management Reviews (PMR). 20. Preparation of lessons learned and presentation to the Agency staff. West Valley 11iiglhway ( tirandeir Il3llvd to 11.405) ■ The AGENCY will provide a project manager to respond to the CONSUTANT questions and approval of any potential contract changes, material over -runs, and differing site conditions. ■ The AGENCY will assume management of stakeholders and public relations. ■ The AGENCY will execute and manage the EOR construction engineering support services contract. ■ Shop and falsework drawings will be reviewed by the appropriate Engineers of Record. ■ RFI responses. ■ Weekly meeting agenda. ■ Preparation of preconstruction conference agendas for drilled shafts, difficult concrete placement, and bridge deck. ■ Monthly preparation of risk log tracking and construction cost to complete. ■ Lump sum breakdown review and acceptance. ■ Construction CPM schedule responses to contractor. ■ Entitlement determination, negotiations, correspondence to contractor, change order preparation and back up documentation. ■ Resolution of end of construction issues including compensation for approved outstanding contract changes, liquidated damages, and claims. ■ Preparation of substantial and physical completion letters. ■ Preparation of end of PROJECT final inspection and punch -list. ■ Preparation and presentation of PROJECT's lessons learned. ,13.5 Site Inspection The CONSULTANT will provide one inspector to perform site observation during 130 working days of the construction including: 1. Daily presence at the site while the Contractor is working. 2. Coordination with the documentation engineer for use of approved materials. 3. Attendance at the weekly meetings. 4. Force account (FA) monitoring and approval of contractor's FA submittals based on WSDOT/AGC Blue Book Rental Agreement. 5. Preparation of inspector's daily reports (IDRs), and field note records (FNRs). 6. Coordination with the Contractor for reconciliation of FNRs for monthly progress estimates. 7. Ensuring that only approved materials are installed. 8. Monitoring for the materials on hand (MOH). 9. Coordination with the materials testing designated by the AGENCY for any required materials sampling and testing. 10. Daily photo log of critical site activities. West Valley 11iiglhway (Stirandeir Il3llvd to 11.405) .7 11. Monitor the site for contractor compliance with traffic control plans, environmental, and contract requirements. 12. Final site inspection and assistance with close out. ■ The AGENCY will provide a workspace at the site or the City for preparation of paperwork. ■ The AGENCY will provide for materials sampling and testing completed through WSDOT. ■ Inspectors will be compensated for weather days if encountered. ■ AGENCY will provide inspector or supplement when multiple crews are working requiring multiple inspectors or beyond 130 working days. ■ AGENCY will provide IDRs, FNRs, and all other documentation for work inspected by the AGENCY. ■ IDRs and FNRs for provided inspection. ■ Monitoring and accounting for MOH. ■ Daily site photos and management. ■ Daily reports of the FA worked. ,13.6 Office Engineering and Documentation meintatiion ontiroll This Task includes activities associated with preparation of construction documentation consistent with the FHWA and LAG Manual requirements including: 1. Project files set up and maintenance. 2. Submittal log tracking/management. 3. Attending the Pre -con and preparation of meeting notes. 4. Weekly agenda preparation and meeting notes. 5. Preparation of monthly progress estimates. 6. Request for approval of materials (RAMS) reviews and approvals. 7. Maintenance of record of materials (ROM). 8. Contractor traffic control records management. 9. Materials testing and RAM approval coordination with inspector. 10. WSDOT special inspection and testing coordination. 11. Close out. 12. PMR and/or document review project documents preparation, coordination with WSDOT Local Program, and attendance. West Valley 11iiglhway (Stirandeir Il3llvd to 11.405) 8 ■ AGENCY or WSDOT will provide the project ROM. ■ The AGENCY will manage monthly progress estimate payment to the contractor based on inspector's FNR's and progress report. ■ The AGENCY will execute, and process change orders. ■ Supplement will be required for additional hours over those shown in Exhibit B. ■ Pre -con agenda, meeting draft and final notes. ■ Complete contract paper -work tracking and documentation filing. ■ Weekly meeting agenda preparation and meeting notes. ■ Change order preparation. ■ Monthly FNRs tabulation for the progress estimates. ■ Punch -list preparation. ■ PMR PROJECT documentation hard copies. ,133 IPost Construction Services This task includes activities associated with project closeout. This task includes: 1. Evaluation and analysis of any outstanding change orders and claims. 2. A project walk-through with WSDOT after substantial completion. 3. Preparation of end of PROJECT punch list and PROJECT closeout documentation for auditing purposes and archiving. 4. Final contract voucher. 5. Drafting of record drawings and coordination with subconsultants for drafting of their particular disciplines. ■ The CONSULTANTS Resident Engineer and Office Engineer will provide guidance for preparation of documents. ■ AGENCY will send notice of completion to DOR, L&I, and ESD. ■ AGENCY will send final contract voucher for Contractor signature. ■ On site project walk through with WSDOT. West Valley 11iiglhway (Stirandeir Il3llvd to 11.405) ■ Preparation of end of project punch list. ■ Addressing and including WSDOT comments in the final documentation. ■ Final Contract Voucher. ■ Drafting of record drawings redlined by Contractor as a bid item. ■ Preparation of archival hard copies of relevant PROJECT documentation delivered in boxes. ,13.8 Sub oinsulltaint and IProfessiioinall Services This task includes activities performed by subconsultants and professional services covering traffic signal bid items, landscape and urban design elements, geotechnical engineering services, and materials testing. 1. One (1) change order each (two (2) total) relating to traffic signal items and landscape architecture and urban design. 2. Up to three (3) RFI's for traffic signals systems and geotechnical services. 3. Up to one (1) RFI for landscaping or urban design. 4. Materials submittal review associated with subconsultant discipline. 5. Drafting of record drawings up to the number of hours included in exhibit B. 6. Professional Services for Material Testing: a. Concrete (air, slump, temperature, and compressive strength). b. Soils sampling, gradation, and density. c. HMA density. ■ Irrigation is not covered and if assistance is needed a supplement will be added. ■ Additional RFI's will require a supplement. ■ Additional change orders will require a supplement. ■ Additional time required for record drawings will require a supplement. ■ The AGENCY will arrange for WSDOT to provide testing, inspection and approval for a project element list provided by the CONSULTANT to include prefabricated and shop fabricated items. ■ Responses to RFI's up to maximum listed above ■ Materials submittals responded to ■ Drafting of record drawings redlined by Contractor GENERAL L SSUII IP 11"110 IN ■ Work performed under this scope is limited to the hours and fee listed in the Scope and Budget, Prime and Subconsultant Cost Computations. Any work requested that exceeds what is shown West Valley 11iiglhway (Stirandeir Il3llvd to 11.405) 10 in the Scope and Budget will be considered EXTRA WORK and be added as a Supplement to this Agreement. ■ Shop drawings, construction and falsework drawings will be reviewed and approved by the EOR. West Valley 11iiglhway (tirandeir Il3llvd to 11.405) 1 I.. F� 1 Brio, 1p§�R Rai I m ■ I UJ Z � mm r I 19-095(a) Council Approval 10/1'9120 A11111111111111�, Washington State VIAF Department of Tvansportation Supplemental Agreement OrqanizAonand Address Number -Ql.- Tranl'cch. Enjinwring, LLC 2646 R W Johnson B � vd, S W S te 12,, art g! nial Agreernent Num ber TurnwatQr, WA 9$512 19-095 Pr*d Number Execdon Date Comoelion Data, 99310410 June .11, 2019 December 3l, X021 Prr ll Title New Maximum Amounit Payable Tukwfla West Valoy ffighway (1-405 to Sunder Bmicvard) $6801,2,63 Description of Work The pro�ject consism of preparing prieli'minary enginn ering design, envirormiental studies and pomiitting, and preparing final design & contract docuinents for improvertaents to West "alley llighway (SR 191) as well as preparing preliminary enginocring design and, environmentall studies and pennitling for improvc1nerets to, Langacres' ay, 7he piroposed improvements include widening the highway to 7 lanes, bridging over the 601 --in -- .............. . ... . .......................... . ...... Thos Local Ag e n cy of .Ci I v of L&A i I a ....... desires to supplement the agreement entered in to wiith,jrAjiTCCh and eare culted on June LLM2— and identified as Agreement No. 12&-125 . . ............. . . AJ1 provisions in the basic agreement rernain in effect except as expressly modified by this, supplement, The changes to the, agreement,, are described as, follows- Seclioo 1, SCOPE OF WORK, is hereby changed to read, cont,, Seattle Public a new pedestrian, signal, ashared use sidewalk and oTher related eraginecring tasks, ROW acquis4ion istiotanticipatcd, (This is the originall dewr ption of work, i1just didn't fit in, tl'i'e box) 11 Section, IV, TIVE FOR BEG,lNNlNG AND COMIPLE710N, is amended to change the number of calendar days for cornVetion of the work to read, Deue 1111 An. additional $148,325 will be added to the original contract arriount of $531,938 for a total of $680,263 per attachnients in Exhibit B as, set forth in the attached Exhibit& and by this referen.,ce made a part of this suppiernient 11 you concur with this supplement and agree to, the changes as stated above, please sign in the Appropriate spaces below and return'to this Gffice for final action. 101 Griffin . ........ y:,—,.A'flair El,klberg .... . . . ........... . . . . . . ........................ Appruwng m Y . ..... . ...... Date DOT Form 140063 t"- " '�` -3 Ex�hibit "A" 001 Form 140*53 Red GW200,5 Basic AgFe,Orf.ient Supplement #1 Total Direct Salary Cost $178,847 $45,371 S224,2 J 8 Overhead $288,651. $77,144 S365,795 (including Payroll Adddives) Dirct Ncm-Salary Costs $10,786 $12,199, S2,2,985 Fix,ed Fee $53,654 $13,611 $67,2,65 Total $531,,938 $148,325 $680,263 001 Form 140*53 Red GW200,5 Supplement 01 West Valley Highway (Stran,der Blvd to 1-405) Improvements Project RMWIMISM, The City of T u kw ilia (AG EN CY) has retained Tran-fec h E ng ineeri ng, LLC (CONSULTANT;) to prov I d e a cc, rin p I e te Contract Documents package for the West Valley Highway (Stra n,der Blvd to 1-4,05) Improvements (PROJECT) in Tukwila, Wash ngton, The following describessupplement Oil to this work, Scope of Wark 1. Project Nlianagen,'vent III. Project -50"i The CONSULTANT will update the schedule in Microsoft Project, to be distributed and updated to the PROJECT team and ACPENCY to reflect the additional components of the work elements added. Update PROJECT delivery schedule and provide additional updates as changes occur, This scope assumes a total of two addifional delivery schedule revisions during the duration of the PROJECT. 1.2. Subconsultaint Coordinafloin The CONSULTANT will provide additional direction to the SUBCONSULTANTs and revieW of their, worly over the course ofthe PROJECT for the work added by this 5upWemient., Monthly monitorine of the SUBCONISIJ LTANT's design budget will occur over the course of the PROJECT, Status, as well as projections, will be, developed, The CONSULTANT will monrtor SUBCONSUILTANTcosts and, budgets;, and propose corrective a�tion5i, if necessary, This rnaV Include formai SCOPE and/or budget modifications, The CONSULTANT project manager ME proVide direction to the PROJECT team and ,conduct PROJECT coordination meetings w4h, appropriate task leaders, 1.3. lnternarojecitTeam Meetings and Field Visits, CONSULTANT team will imeet online up to an additional 2 brines during the PROJECT in addition to, thc original contract. This,twk includes hours for field visits by CONSULTANT staff, $UBCONSULTANT'Meld vis ft hours are captured in their respective tasks, West Vaky Highway (Steander Blvd to k405) The CONSULTAN'T's project manager will monitor the PROJECT planned budget versus, actual progress. CONSULTANT will prepare and submit an invoice and a brief pro rens report monthIly that reflects progress over the previous, bii ling period and a nticipated activities over the next billing period. The monthly progress report will include a summary of any identified variances from the budget and schedule, reason(s) for tile, variance, and proposed corrective, action(s). Task 401 Assurniptions — rern,2415 'd'°te carne as orifi; inn contrac't Task 401 DeHlverabes Thefollowing will be, provided for the additional tasks added by this supplement Meeting Agendas in, electronic format (MS, Word) as needed Meeting Wnutes irs electronic forrnat, MS Word) as needed a Monthly Invoices and (progress Reports 211 'Basis ign The ConstAtant will complete addi0onal attachments requested by WSDOT for the BOID. Ass�unvtions P The CONSULTANT team will not be involved, 0 any required City Council meetings associated with the BOD or any potential speed limit changes. Dieiivenrab,Ips • Collision analysis Report • besign.Anaiysis • Mode Func6oin Memo I Survey and Topographic Mapping - I Alfiance Georriatics (1AG) 1AG will'review and analyze 7 add4ion(ai title reports for right-of-way resolution, and easements, The ori glinal scope of work est [m ate d a p p rox! mate ly 10 title reports wo u, Id be provided � n order to showy t he existing easements alongthe easte,rly project corridoir and Longa�cres Way. UltimateN,17 reports in total were provided by the AGENCY, SAG will research King County on-line records and title company records for an=y additional relcorded documents that may exist that didn't show up in the title reports provided to resolve access and sidewalk easernerits along Lo,ngacres Way, pit f. rarisriiisson ain -A-firl gTire 1-1 . . . ...... ............ . .. . . . ...... . . ... IAA will obtain quotes and manage the exploratory potholes and meet with APS Locates for ground penetrating radar work to help locate the concrete watermain sleeve on W. Vaficy Hwy. West", alley 1-fighway Blvd to I AM) 4. Geotechnical Engineering-LandaU Associates (LAI) LAI will provide geotechnical engineering services to support design of the bridge and signal standard foundations for the mid -block pedestrian crossft. Work elements include; Prior to initiating fieldwork,, LAI will coordinate the clearance of underground utilities at the proposed exploration tocatiions. LAI wiili mark the, tocations on the field and contact the, Washington Utilities Coordinating, Cooncil's, "One-CaHl' locating service, M will also hire a private utility -locating service to, identify conductible utilities located outside of public easements. LAI M111 explore subsurface soil and groundwater, conditions at 1he proposed bridge abutments by advancing, two borings approximately 30 feet (ft) below ground surface ( s). The explorations MR be coordinated and morriitored by, LAI personnel, who will also collect representative, soil sarnplies and maintain a detailed log of the s,u bsurface conditions observed. LAi will subcontract the drill rig and operator, Upon com plIetion of fieldwork, the boreholes will be decommissioned in accordance, with the requirements in Washington Administrabve Code 173-1,60, 4 LAI will perform geotechnical) laboratory , testing on select samples obtained from the explIaratiorls. LAI anticipates that the testing prograrn will include four natural moisture content determinations and fourgrairi site -distribution analyses or Atterberg limits determinations. Sampiesvyi,il be retained for 30 days after submittal of the final technwcali memorandum, SamplIes will then be discarded, unless other arrangements are made. * LM wili complete engineering analyses and develop geotechnical conclusions and recommendations to support design of the bridge and signal standard foundation LAI will revise its November 2019, technical memorandum to include: An updated site plan showingthe tor-ations, of the addiltionaill subsurface explorations. summary boring logs and laboratory test results, Additional discussion of near -surface sol and groundwater conditions along the project alignment, Brief dlscussion of liquefaction susceptibility and estimated hquefaction-induced settlernent. Updated recommendations for earthwork and site prE!paration (if necessary). Geotechrrfleal design recommendations for the ne,w signal standard foundations. Recommendations for shaflow foundatnon support of the bridge, including criteria for foundation subgrade preparation, engIneering parameters, nominal bearing pressure, estimated foundation settIlement, and Lateral earth pressures acting against wing walls LAI wili be provided with a project base map in AutoCADO format. Fieldwork can be performed during standard business hours (ii no weekend, holiday, or nightfirner drdlIng will be required). The exploration locations are accessible to a t rack- rn,ou rited, Priniteti-access drill rig. Trees or other vegetation obstiudng the exploration locations will be removed by others. OIPO VaHey Hghw�.vy (Strander BW to 1-4,05) ■ During the field investligation, care will be taken to limilt surface disturbance; where, disturbance is unavoidable. ■ The exploration locali can be accessed without entering Washington State Department of Transportation (WSDOT) right-of-waV; a WSDOT general permit will not be required - IN Upion Completion of fieldwork, drill cuttings wil1i be spread discreetly in the vicinity of the exploration locations. IN Traffic control will riot be required, ■ Findings of the current study MO be supplemented with subsurface data previously collected in the, vidnitV of the Tiukwill Urban, Center Pedestrian Bridge. these data will be used to, evaluate snail pararnieters and seisrin Ic behavior of strata more than 30 ft bgs. ■ Native sita soils will provide suitable support for a bridge built on shailow foundiations, under static conditiOnS. ■ The bridge will not be designed to resist the effects of soil liquefaction. ■ 11 needed, pavement design will be completed at a later date under separate scope and budget. ■ If needed, pilot infiitrationi tests wifi be completed at a later date under separate scope -arid budget. ■Chemlical analyses will not be performed on sour samples obtained from the borings, 5. Envirionrin ental and Plens nitting Sel vicies-LafldaLj Assifies (LAI) LAI will conduct a traffic ioise assessment for the project corridor, iindudtng West Valley Highway and Laingacres Way, for potential noise impacts to sensitive receivers within the project study area, traffic noise assessment will include the following components,, a Pre -Consultation with En t" ■ Noise Measurements for TNM Model Validation ■ Noise Assessment Noise Sarrier Analysi,s ■Noise Discipline Report As5t,inipttioln)s ■ LM will conduct validation muclehng for up, to three receptor liocaVcns, and noise modeling for no more than 10, receptor locations. ■ Peak hour Existing Year, No Suifcl, and Build Year traffic volumes wilil be provided to LAI. ■ Will provide a letter for the City to distribute to noise sensiflve receptor, iocations (Le,, residences, businesses, etc. seeking permission to complete noise field measurements, ■ lifforts to, collect noise measurements from, building interiors or balconies is not included in this scope of services. Deliverables 9 An electronic (MS Word) copy cifthe City-raview draft noise taclhiniicaf report. 0 An efectro,nic (MIS Word) copy of the WOOT-review draft noise technical report, 0 An elec train ic (Adobe PDF) co, pv of the final noise technical report. WQs,t Vifley Highway �Strande,r Blvd to 1-40,S) 4 6-8., No Changes 9. Stortrnwater Complianceant't t IDesign This section is, not being supplemented however an error is being, corrected to add the hours assodated, with wor,P. element 9.1 through it which were not inducted; in the ori&aJ contract, The original 9,143 are included below: CONSULTANT wili prepare a Pre -Design Record document summarizing the various stormwater,requirements associated with this project to be included in an appendix of the Stormwater, Technical Informatibin Report � T-1 R) 19.2. Sifte Assessment a,rid Mapping The CONSULTANT will prepare site assessment maps showing, existing drainage features and drainage patterns with in the WVH project corridor and ,anV relevant adjacent. properties, Work elements include; Create existing; drainage condition maps which will illustrate existing; drainage feature: and drainage patterns, The existing drainage condition miaps, will be derived from the topographic survey, base map created for this PROJECT. Conduct site reconniaissance, to verify drainage features and drainage patterns. Create soil reap showong soil types -Natural; Resources ConservatOni Service (NRCS) -Consultant will a cqu ire N R CS surve V rna ps, a Create basin/TDA map which delineates the on-site project basin(s) and shows where the PROJECT site is relative to the overall drainage basin that it fies within, AGENCY mapping, its 2013 Storiniwater Comprehensive Man, and records to be consu4terd for the overall drainage basin informAtiion., a Create change in land use area maps to identify existing and proposed impervious areas that will be used for the threshold determination in accordance with the stormwaterstar,dardIs. Assurnptions: IN Flow control is not required for this PROJECT given the anticipated amount of new impervious area created in both drainage basins, is less than the thresholdquanbty. a Water quality is not required for this project given the, anticipated amount of new pollution Reaerating impervious area created i,n broth drainage basins is less than the threshold quantity. a Per the AGENCY's 2011 Comprehensive Plain all of Longaicres Way and the eastern hall of WVH between Longacres Way and the 11-405 Ramps drains to the east, away from the r5reer, River, Mjs createstwo distinct, drainage basins within the PROJECT site. IF No new outfalls, at the: Green River "will be constructed. Existing, outfalls "mill be connected to, upstream, City will provide electronic GIS information on existing stormwater system that CONSULTANT wi' use, to determine existing conditions, WesIt Valley 1,ligl"iway fStrander Blvd to l-4105) Di,liverables � Existing, drainage condition maps, to, be included in the appendix of the Stormwater Technical Memorandum., • Soll map, to, be included in the appendix of the Stormwater Technical! Memorandum. • Basin reap, to be iincluded in the appenMx of the StormwaterTechnical Memorandum, Change in; land use area neaps, to be included in the appendix of the Stormwater Technical Memorandum. 9.3. Cofiveyarl Calculatioris The Consultant will prepare preliminary stone pipe conveyance caparfty calculations for new pipe segments proposed as part of the improvements. This, work element includes„ Prepare: Preliminary pipe sizing calculations, using full -flow conditions wraith the, Manning equation and the RaLronal Method �Stolrmshed 3G). Assumptions: Pipe conveyance calculations will not bo., pprformed for any existing pope systems to remam or the main existing trunk line which the new on-site l conveyance sylll;tenn will be, tying into. • There will be no upgrades to airy of the existing storm drain segments that are to rernalin upoIn project ccrm'pletiqm Gutter flow analyl;is willl not be rewired' as part of this project., inlet spacing willl be, determined ,according to the City's, design standards. Du-Iiver-abjtes � Preliminary pipe conveyance calculations, to be included Iln the appendix of the stormwater'Technical Memorandum. 3.01. I Plans,Speelficaflons, & Engineer's Opinion of Construiclicni Cost ('EE(,,)C) The CONSULTANT wHI prepare, the follow in additional, iteirnsto be induded in the 90%, 100%, and final Bid Ready Contract Documents (Plans, Specificaduns, & Estimates) for AGENCY revewe, comment, approval, and adverbs e rn lent, The AGENCY'will, compile a written response to to facilitate the CONSU LTANTs tracking of all comments and for efficient inclusion in the contract documents, The CONSULTANT wiH maintain design IcOCUrrentation rncluding design LalCulations. CONSULTANT wuwilll develop the foltowing Plans all at 1"M2V platted at full-size except for, intersection and driveway del at 1"=10' plotted at fulll-size, Submittal Phase, West Valley 1-figtil way (5vander Bllvd taco [40,S) F, Estimated Bid ,SheetTitle Sheets 30% W% 90% 100% Ready Party illumination �Longacres Way) 3 X X X TT al —41-a Q07si e a, S Landscaping, lrrigaUor, & Urban Design Plans 4 X X X PT Landscaping, Irrigation, & Urban Design Details, 4 X X X PT Estimated 0 of additional Streets 4 West Valley 1-figtil way (5vander Bllvd taco [40,S) F, Work Ellements 103 - 10,5 of the original contract will apply fort he above new sheets, j �j 10.1.1 Landscaping and, Urban Design Plans Specifications and Engineer's, Opinion of ConstrucflonCost � 'PERTEE-1-1 PERTEETwill prepare final Landscaping and Urban Design Plans and Details with Specifications and Engineer's Opinion of Construction Cost as part of the following submit ttal packages; 90% submittal 100% suhrnjttai Ad -Ready submittal AsSUMptionsm P Part eet wilt not be responsible for any effort in, the design,, estimation or spe6ficationsJor irrigation. N QA,/QC and response, to CONSUITAN'Tand' AGENCY comments is inherent in, this SCOPE, N The laindscapp and Urban design extents are limilted to West Valley Highway from Strander Blvd to S 1515" St,, and do not include Longacres Way (LAW), 4 Urban design, furnishings are as5urned to be prefabricated features to be furnished and instalIed by tile, Corjtrra,Ctor. X The existing sidwalk at LAW is to, rerna(n and as such there shall be no property restoration on LAW. Tree and landscape requirements shall follow provisions, in the Tukwila Municipal Code. Trantech vVrjll provide the design of sidewalk, plaza areas, planter areas,, and street light locations to be used in the 9,0% submittal prier to Perteet kick,ing off the 90% design. Submittals are firnited,tri one for each level of design. Additional iteratOns and submittal may be considered as additional extra services. Deliverables: One 1`01 -size (2204p copy of Plans submitted electron! cally (Adobe PDF) for each, submittal; •One copy of the Engineer's Opinion of Construction Cost (MIS Excel) for bid iterps associated with the illumination, landscape and, urban design. Cinecopy of the Specifications (MS Word) for bid items associated with the, illurnination, landscape and urbar design. Design Criteria The design criteria will rern,ain the same at that: established under the orlgInalScope of Services. changes in, any design standards or requirements after work has begun may result in extra serAce5- West Valley Highway (Strander Blvd to i,405) Documents, exNbits or other presentatuons for the work covered by thus Agreement ("Documents") w0l be fu rnish,ed by the Consultant to, the City upon completion of the various phases of the work. Whether the DOcurnents, are submitted io electronic media or in tangible format, any use of the Documents on another project or on extensions of this project beyond the use for which they were intended, or any modification of the Documents, or conversion, of the Documents, to an alternate system or format will be withoul fidladity legal exposure to the Consultant: pity shall assurne all risks associated with such use, modifications, or conversions, Consultant may remove from the electronic Documents delIvered to City all references to Consultant' involvtement and w0l retain a tangible copy of the Documents dehvered to City whichshall goverin the interpretation,of the Documents and the Information recorded. Electronic files are considered working files only- Consultant is not required to maintain electronic files, beyond 90 days after final project biffingand makes no, warranty as ta, the viability of electronic files beyond 90 days from date of transmittal, See deliverables under each tads for those items the Consultant will provide. West smiley Highway,GRrandet B,Ivd to U 405) im EXhlbft B Fee Sthedulas West Valley Highway (1-406 - Strander Blvd) 'Task fterns Task 1 1.2 Projecl Wodule 1.3 Subconsuilant Coordinafion 1.4 lnleroal Protect 1'ea,,n Meefings and Neld Vrat�s 1-5 Projl IVIDnitoring and Reparing TnZi CAR added tQ 800 fkidgn Anal�9d9 Telchoical memo Revi5lons based on W500T Comments WQC Task � Sar kgrour LAW Ad 4Ready 91 PreDesiqn FkAeprd 9,2 &Ie, Assessment and Mapping Create Drainage Barn Maps (Anductsite reconnaissance Greale, Soiu Map Showing Soid Types Create bashnITOA Map, Create change in use area n1aps to idenlIfy Oxitfirg and pfcposed im, peNous areas thal,wiOl be u8od for tie Uveshatrl ddarmnafion on actdirdance w th the storniwater MandArds �.3 Conveyance Cairulalions Prepare preliminary pipe nalmilationg using `0 flow,conditions Win the, Mannung equation and ffiv RafianWUelhnd Admin Task 10 10.3 Illugninahan for LAW at 30% - 2 sheets *4 100% illumination plarks, specs, and eslmma,te 10,5 Ad-Atady Total Manhours Labor Roles (IDLR) Total Nrect Salary Cost I TRANTECH 6,'JEngineering LLC Projoct $pnipr Soinior Senior OfflG* Manago Tr. C C ingine" 29.5 223 67 187 36 19 5 55,,00 33.100 S 55�00 $ V3,DO S 43,00 5 3,8.00 S $1,623 $42,265 $3,136 $9,041 $1,368 5,627 Overhead (ICC 1148,07%) rft (30%) Tatai'Labor Cost: subc,onsultants ccmt i"KUP Cost 00%) 552 $27,059 $40,282 $6,110 sis'"A EE - — ---------------- - ----- ------ A n m0eaqe, 60 30,015 Miles S35 S,ubloW Direct Costs $3S Total Total Fee $75,493 .................. ... . 29.5 223 67 187 36 19 5 55,,00 33.100 S 55�00 $ V3,DO S 43,00 5 3,8.00 S $1,623 $42,265 $3,136 $9,041 $1,368 5,627 Overhead (ICC 1148,07%) rft (30%) Tatai'Labor Cost: subc,onsultants ccmt i"KUP Cost 00%) 552 $27,059 $40,282 $6,110 sis'"A EE - — ---------------- - ----- ------ A n m0eaqe, 60 30,015 Miles S35 S,ubloW Direct Costs $3S Total Total Fee $75,493 r PERT:EEJ Project Tukwila -West Valley Highway (I 405IStranalor Blvd) Landscape Design Client Tranlrach Engineering, LLC PM Brianne Ross Contract Start, Date 4/1712019 Contract End Date 411712020 Contract Duralion: 12 Months I-ast, Update date 911412020 Parteet Project No,. 20190049.000$1 Expenses: Sr. Sr. Engineer Engineer it Lead Accountant Total Labor Dollars Fee 30% Amasoclate i Mgr $10,388.00 Technician/ $106.00 Hours $0.00 CONTRACT TOTAL $16.492.00 Designer Task Billing Rate $71.001 $63.00 $37m $37.00 $41.00 90% Urban Design, Landscape 24.00 8.00 2.00 &OG 1.00 41.00 $2,493.06 Plans/Specs Total 90% Urban Design, Landscape 24L00 too 2.00 8.110 1.00 41.00 $2,403.00 plawspeca 100% Urban Design, Landscape 14.00 4..00 2.00 8.00 1.00 29.00 $1,657.00 Plans/Specs Total 100% Urban Design, Landscape 14.00 4,00 2.00 8.00 1.00 29.00 $11657.00 Ad -Ready Urban Design, Landscape 8.001 3.00 1.00 4.00 1.00 ITOO $983.00 Plans/Specs Total Ad -Ready Urban Design, Landscape 8.001 3.00 1,00 4,00 '1,00 17.00 $983.06 Plane/Spers Expenses Total EXponses 0.00 0.00 0.00 0.00 0.00 $0.00 Total Hours 46.00 13.00 5.0 20.00 9.00 87.00 Total Dollars $3,268.00 $819,001 $185.001 Expenses: VIAUbb (ASWANSON)- SUMMARY Direct Sal" Cost Overhead Cost 199-23 Fee 30% $1,540.0 Labor $10,388.00 EKg!nses $106.00 Subconsultanis $0.00 CONTRACT TOTAL $16.492.00 VIAUbb (ASWANSON)- I A4 8A* IT 1� 9 2 i Rmp,IM T I WW �Z�jWig. Nt nr I X II 77 (A"E ALL,IANr GELI'MATIUS SURVEYENG & MAPF, ING MISFIaRE Project City ofTrnuk, ilw to St ran der Wvdp project No' TRAN_19-079 prolect Manager Dave peekAer ClIant Trantuch Engineurirro,, LLC Client Project No, Project Manager, Xash Nikzad, Contract Start tate: Soptpmbpir IA, 210,19 Contract End Data � December 31, 2020 Staff, Branden Robert Thao 19-095 Council Approval 6/3/19 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): TranTech 1:ngineering, LLC Address Federal Aid Number 2646 RW Johnson Blvd., SW Ste 1 12, Tunlwater, Sub -consultant Cost Computations UBI Number Federal TIN or SSN Number 602507862 68-0607809 Execution Date Completion Date I';xllibit I Alleged Consultant Design Error Procedures 1099 Form Required Federal Participation ❑ Yes ❑i N i❑ Yes ❑ No Project Title Tukwila West Valley Highway (1-405 to Strandcr Boulevard) Description of Work ject consists of preparing prehillinary engineering design, environmental Studies and permitting, and The pro" preparing final design & contract documents for inlprovcnlents to West Valley I Ilghway (SR 181 ) as Well as preparing preliminary engineering design and cnviroi mental Studies and permitting for improvements to Longacres Way. The proposed improvements include widening the highway to 7 lanes, bridging over the 60 -inch Seattle Public Utilities water maul, a new pedestrian signal, a shared use sidewalk and other related engineering tasks. ROW acquisition 1S not anticipated. ❑i Yes ❑ No DBE Participation Total Amount Authorized: 531,938.00 i❑ Yes ❑ No MBE Participation Management Reserve Fund: 0 ❑ Yes i❑ No WBE Participation ❑i Yes ❑ No SBE Participation Maximum Amount Payable: 53 1,938.00 Index of Exhibits Exhibit. A Scope of Work 1:xhibit B DBE Participation/SBE Plan Exhibit. C Preparation and Delivery of Electronic Engineering and Other Data I?xhlbit 1:) Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit I~ Title Vf Assurances Exhibit G Certification Documents l;xllibit It Liability Insurance increase I';xllibit I Alleged Consultant Design Error Procedures 1�'xhibit J Consultant Claim Procedures Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement a ��;� �� �,!���✓s A .., Page 1 of 14 Revised 0312912019 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Tukwila 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 (I ) 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 fiurmsh 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 tinder 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. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 0312912019 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 mininnun of 30% of the total amount of this AGREEMENT. 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. 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: Cyndy Knighton Name: Grant Griffin, P.E. Agency: City of Tukwila Agency: TranTech Engineering, LLC Address: 6300 Southcenter Blvd., Suite 100 Address: 2646 RW Johnson Blvd. SW, Suite 1 12 City: Tukwila State: WA Zip: 98188 City: Tumwater State: WA Zip: 98512 Email: Cyndy.Knighton(a)TukwilaWA.gov Email: ggriffin(a)t7-antecheng.com Phone: (206) 431-2450 Phone: (360) 810-2032, ex 102 Facsimile: (206) 431-3665 Facsimile: (425) 453-6779 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 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. Agreement Number. Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Page 3 of 14 Agreement Revised 03/29/2019 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section 11, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecl"r.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non -salary costs. 1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal. year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email:Consul tantRate s(a,)wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub -consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the riles and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 03/29/2019 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of S 100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Stitch billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other 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. 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. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 0312912019 D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing 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, 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 snaking 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 Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 03/29/2019 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. 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 2000d4a) • 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 ei. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 el. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RC W 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 and any appropriate fixed fee percentage 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 Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 03/29/2019 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 and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's Supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those 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. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 03/29/2019 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 Linder this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided fitrther 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. This waiver has been mutually negotiated between the Parties. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 0312912019 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 perforin its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with 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: Cyndy Knighton Agency: City of Tukwila Public Works Department Address: 300 Southcenter Blvd., Suite 100 City: Tukwila State: WA Zip: 98188 Email: Cyndy.Knighton(u�TukwilaWA.gov Phone: (206) 431-2450 Facsimile: (206) 431-3665 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 0312912019 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the 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. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 03/29/2019 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. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number-_ Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 0312912019 Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers 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, AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 03/29/2019 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. 4014-L Signatur Signature I Allan Ekberg, Mayor Z_.. , Date Date Any rnod{frcalion, chonge, or refbrmalion of This AGRTs' `ML`NT shun require approval as Ire firm by the Office of the Attorney General. ATTEST/AUTHENTICATED Christy 0' FlaWerty, MMC, CityC1 k APPROVED AS TO FORM Office of the City Attorney Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 0312912019 See attached Exhibits Exhibit A Scope of Work Project No. Agreement Number: Exhibit A - Locai Agency A&E Professionai Services Cost Plus Fixed Fee Consuitant Agreement Revised 03/29/2019 Page 1 of 1 EXHIBIT A SCOPE OF WORK West Valley Highway (Strander Blvd to 1-405) Improvements Project The City of Tukwila (AGENCY) has retained TranTech Engineering, LLC (CONSULTANT) to provide a complete Contract Documents package for the West Valley Highway (Strander Blvd to 1-405) Improvements (PROJECT) in Tukwila, Washington. The following describes the Scope of Work (SCOPE) for this PROJECT. The work to be performed by the CONSULTANT consists of preparing preliminary engineering design, environmental documentation, and final contract documents for improvements to West Valley Highway (SR 181). The proposed improvements include widening the SR181 to 7 lanes, potentially bridging the 60 -inch Seattle Public Utilities water main, a potential new pedestrian signal, a shared use path, and other related engineering tasks. The CONSULTANT will also prepare preliminary engineering design, environmental documentation, and "shelf ready" plans for improvements to one or both sides of Longacres Way from SR 181 to the entrance of Sound Transit's "Tukwila Station". Design Criteria All scoped Bid Documents, Memorandums, Permits, and Reports shall be developed in accordance with the latest editions and amendments of the following documents to the greatest extent feasible: AGENCY Publications: 1. Municipal Code; 2. "Infrastructure Design and Construction Standards" — 2019; 3. "Surface Water Comprehensive Plan" — 2013; STATE Publications: 1. "Standard Plans for Roads, Bridge, and Municipal Construction" (M 21-01); 2. "Design Manual" (M 22-01); 3. "Plans Preparation Manual" (M 22-31); 4. "Environmental Manual" (M 31-11); S. "Local Agency Guidelines" Manual (M 36-63); 6. "Construction Manual" (M 41-01); 7. "Standard Specifications for Road, Bridge, and Municipal Construction" (M 41-10); 8. WSDOT Amendments, General Special Provisions (GSPs), and Local Agency (APWA) approved GSPs. American Association of State Highway and Transportation Officials Publications: 1. "A Policy on Geometric Design of Highways and Streets" West Valley Higl-iway (Strander Blvd to 1-405) Improvements US Department of Transportation Publications: 1. "Manual on Uniform Traffic Control Devices for Streets and Highways" Other Publications: 1. "Public Rights -of -Way Accessibility Guidelines" — 2005; 2. "National Electrical Code"; 3. "National Association of City Transportation Officials Urban Street Design Guide" 4. "National Association of City Transportation Officials Bikeway Design Guide" 5. "King County Surface Water Design Manual" — 2016; 6. Other applicable City and County publications. 7. National CAD Standards Engineering Software: 1. Engineering software: SAP2000 or CSI Bridge; Group v.2016; LPile v.2016; XTRACT; spColumn v.7; Mathcad v.15 2. CAD software: AutoCAD and Civil 3D (VERSION 2018) 3. Scheduling software: Microsoft Project or Excel 4. Microsoft Office, Word, Excel English units shall be used for plans, engineering, and environmental documents. Project Team The project team is composed of the following entities: • Client— City of Tukwila (AGENCY) • Prime Consultant — TranTech Engineering, LLC (CONSULTANT) • Subconsultant — Perteet, Inc. (PERTEET) — Roadway and Stormwater Management Design Support • Subconsultant— TranspoGroup USA, Inc. (TRANSPO)— TrafficAnalysis and Traffic Signal Design • Subconsultant — Landau Associates, Inc. (LAI) — Environmental Permitting Documentation and Geotechnical Services • Subconsultant — 1 Alliance Geomatics, Inc. (1AG) — Survey & Topographic Mapping West Valley Highway (Stran7de.r Blvd to I-40.5) Improvernents 2 Scope of Work This SCOPE provides for complete Plans, Specifications, and Estimates (Contract Documents) for the PROJECT. The SCOPE is anticipated to be completed within the relative timeframes shown in the milestone schedule. The key schedule milestones are shown below. A complete baseline schedule for the PROJECT will be prepared following notice to proceed. The primary objective of this work is to provide a viable design concept for the segment of West Valley Highway (WVH) between Strander Blvd and the southerly 1-405 interchange ramps (South 156th Street) and to advance the proposed solutions, as approved by the AGENCY, to the full design level including preparation of Contract Documents for advertisement. This PROJECT will include significant coordination with WSDOT, SPU, Sound Transit, PSE, Union Pacific Railroad, and other affected area stakeholders. The approximate duration for the development of the final contract documents is expected to take seven (7) or more months. The consultant contract will have the option to amend the SCOPE for additional right-of-way procurement, engineering and construction management services during the PROJECT's construction phase, or other design elements discovered during design. General Assumptions ■ The CONSULTANT reserves the right to shift funds within the Contract between Tasks, and between members of the CONSULTANT team during the prosecution of the work. ■ The Consultant's services shall be limited to those expressly set forth herein. If the service is not specifically identified herein, it is expressly excluded. The Consultant shall have no other obligations, duties or responsibilities associated with the project except as expressly provided in this Agreement. ■ Changes in the detail of work beyond what is described in this SCOPE will be made as requested by the AGENCY and authorized by amendment as "Out -of -scope" Work. ■ Direct coordination by the CONSULTANT with outside agencies, groups, or individuals is approved by the AGENCY with the understanding that the CONSULTANT will always include the AGENCY in all such correspondence. ■ The CONSULTANT will support the AGENCY's Public Works Department. When alternatives are being considered or decisions are being made, the AGENCY will make all final decisions. ■ For any field investigations requiring the permission of private landowners whose property would be visited will be the responsibility of the AGENCY with the support of the CONSULTANT. Permission must be obtained prior to significant fieldwork on privately owned land. ■ The AGENCY will provide all available as -built plans, bridge records, inspection reports, previous study findings, and calculations germane to the PROJECT to the CONSULTANT in a timely manner. ■ Right -of -Way support is not included in the SCOPE. Any Right -of -Way services requested of the CONSULTANT by the AGENCY will be processed as a future Supplement to this Agreement. West Valley Highway (Strander Blvd to 1-405) Improvements ■ The CONSULTANT will provide the AGENCY with a complete listing, including parcel numbers, where Title Reports are required for identifying ownership and easements of real property within the PROJECT limits. The AGENCY will order and provide payment for all necessary Title Reports and provide a copy to the CONSULTANT as they become available. ■ The CONSULTANT is responsible only for meeting deadlines for their tasks and has no control over those portions of the schedule related to the tasks performed by the AGENCY, any third party that is retained by the AGENCY, or any outside reviewing agency including, but not limited to WSDOT, Seattle Public Utilities (SPU), the Union Pacific Railroad (UPRR), and Puget Sound Energy (PSE). The CONSULTANT will cooperate with the AGENCY to the greatest extent feasible to maintain overall PROJECT schedule. ■ Additional subsurface investigation and remedial action associated with any hazardous wastes located within the PROJECT limits are not within this SCOPE. CONSULTANT will provide documentation support as requested based upon data from existing subsurface investigation. Because of the inherent uncertainties in subsurface evaluations, underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the CONSULTANT. ■ The AGENCY may take up to ten (10) business days to review milestone submittals. The AGENCY will be responsible for collecting and reviewing internal AGENCY comments, resolving conflicting comments, and submitting one set of consolidated comments to the CONSULTANT for each submittal (Basis of Design, 30%, 60%, 90%, and 100%). ■ Outside review agencies and stakeholders may have longer review periods that will be determined as the project progresses. ■ Designated AGENCY staff will lead and participate in all stakeholder and designated team meetings throughout the life of contract and review and comment on all deliverables outlined in contract. ■ Utility potholing is not included in this contract except for the SPU 60 -inch transmission main. Any other Potholing work will be directed by the AGENCY (with support from the CONSULTANT as requested) and paid for by the AGENCY to either in-house public works equipment operators or an independent contractor when existing utility information is deemed insufficient to adequately identify existing utility locations. West Valley Highway (5trander Blvd to 1-405) Improvements 4 I Throughout the duration of the PROJECT, the AGENCY will perform services, furnish information, and answer questions on AGENCY standard procedures for plan preparation. The following services will be performed by the AGENCY: ■ Provide available as -built plans, inspection reports, previous study findings and calculations, etc. ■ When necessary, provide meeting location/conference room for all stakeholder meetings throughout the life of this contract. ■ When necessary, designated staff will lead and participate in all stakeholder meetings throughout life of contract. ■ Review and provide comments to the CONSULTANT on all deliverables as outlined in contract. Milestones Schedule The approximate schedule of milestones is shown below. The schedule below assumes NTP is received by June 12th, 2019. Delayed NTP will affect the dates shown. Milestone Date Notice -to -Proceed June 12th, 2019 Basis of Design June 19, 2019 Basis of Design Comments Due June 26, 2019 Draft 30% PS&E July 17, 2019 Draft 30% PS&E Comments Due July 31, 2019 Draft 60% PS&E September 4, 2019 Draft 60% PS&E Comments Due September 18, 2019 Draft 90% PS&E October 9, 2019 Draft 90% PS&E Comments Due October 23, 2019 Draft 100% PS&E November 13, 2019 Draft 100% PS&E Comments Due November 27, 2019 Final PS&E for Advertisement December 6, 2019 * - Days are Calendar Days West Valley Highway (St:randerBlvd to I-405) Improvements 5 1.1. Project Kickoff and Agency Coordination The CONSULTANT will coordinate execution of the PROJECT and meet periodically with the AGENCY Project Manager and staff. Tasks include: ■ Conduct a kickoff meeting at the beginning of the PROJECT. ■ Develop all necessary SUBCONSULTANT agreements (Perteet, TranspoGroup, Landau, and 1 Alliance) • Meet with the AGENCY Project Manager and/or staff periodically, including coordination review of all milestone submittals. ■ CONSULTANT project manager will meet via phone with the AGENCY project manager on an as - needed basis (assumed bi-weekly) for duration of project. The CONSULTANT project manager and project engineer will meet with AGENCY project manager as needed for duration of project. .. Project Schedule The CONSULTANT will create a schedule in Microsoft Project to be distributed and updated to the PROJECT team and AGENCY periodically. ■ Develop the PROJECT delivery schedule and provide updates as changes occur. This scope assumes a total of two delivery schedule revisions during the duration of the PROJECT. 1.3. Subconsultant Coordination The CONSULTANT will provide direction to the SUBCONSULTANTs and review of their work over the course of the PROJECT. ■ Monthly monitoring of the SUBCONSULTANT's design budget will occur over the course of the PROJECT. Status, as well as projections, will be developed. ■ The CONSULTANT will monitor SUBCONSULTANT costs and budgets, and propose corrective actions, if necessary. This may include formal SCOPE and/or budget modifications. ■ The CONSULTANT project manager will provide direction to the PROJECT team and conduct PROJECT coordination meetings with appropriate task leaders. .. Internal Project Team Meetings and Field Visits CONSULTANT team will meet in-person up to 2 times during the PROJECT in addition to the project kickoff meeting. This task includes hours for field visits by CONSULTANT staff. SUBCONSULTANT field visit hours are captured in their respective tasks. The CONSULTANT's project manager will monitor the PROJECT planned budget versus actual progress. CONSULTANT will prepare and submit an invoice and a brief progress report monthly that reflects progress over the previous billing period and anticipated activities over the next billing period. The monthly progress report will include a summary of any identified variances from the budget and schedule, reason(s) for the variance, and proposed corrective action(s). West Valley Highway (Strander Blvd to 1-405) Improvements 6 Task #01 Assumptions ■ The CONSULTANT'S Project Manager and/or project engineer will meet (face-to-face) with the AGENCY Project Manager up to five (5) times. ■ This task assumes two in-person CONSULTANT team meetings/field visits in addition to the Kickoff meeting. ■ Internal PROJECT team coordination meetings will be held at most on a bi-weekly basis during PROJECT duration. These meetings will be in addition to the coordination meetings held with the AGENCY but budgeted as part of the specific work tasks. Task #01 Deliverables ■ Meeting Agendas in electronic format (MS Word) as needed ■ Meeting Minutes in electronic format (MS Word) as needed ■ Monthly Invoices and Progress Reports West Valley Highway (Strander Blvd to 1-405) Improvements The Basis of Design (BOD) is intended to document the selection of the preferred alternative, including selection of the design elements that are included in the preferred alternative. It provides an opportunity to discuss the primary reasoning for choosing the preferred alternative and explains the choice in terms of meeting the project need, understanding the context, and making performance-based decisions that consider performance trade-offs. The BOD is necessary to support WSDOT's practical design approach. The BOD includes the following information and sections: ■ Planning Document Summary ■ General Project Information ■ Project Needs ■ Context ■ Design Controls o Design Year o Terrain Classification o Modal Priority o Access Control o Design Speed o Design Vehicle ■ Alternatives Analysis ■ Design Element Selection The CONSULTANT will coordinate with the AGENCY and WSDOT for the development of the BOD. This assumes up to two (2) meetings — Kickoff and BOD draft review, with up to 2 Consultants meeting with WSDOT at their NW Region Headquarters in Shoreline. CONSULTANT will prepare both a draft, and a final BOD for the project. The draft BOD will be circulated to AGENCY and WSDOT staff for review and comment. AGENCY staff will consolidate all comments into one package for response by the CONSULTANT. The CONSULTANT will prepare a response to each comment received, and then conduct one (1) meeting with AGENCY staff to reconcile any outstanding comments. After reconciling comments at this meeting, the CONSULTANT will prepare and submit a final BOD to the AGENCY and WSDOT for approval. CONSULTANT will prepare and submit to the AGENCY the Final BOD on a roll plot drawing as the preferred project footprint. The roll plot drawing will include a plan view of the PROJECT footprint. ■ The CONSULTANT team will not be involved in any required City Council meetings associated with the BOD or any potential speed limit changes. West Valley Highway (Strander Blvd to 1-405) Improvements 8 Deliverables ■ Draft and final BOD submitted via e-mail in PDF format. Preliminary (10%) Design roll plot drawing West Valley Highway (Strander Blvd to I-405) Improvements ' r �' �1�� �% ani' • 4 r .i *#'! w +r Survey Limits The westerly survey limits along West Valley Highway will extend 5 -feet west of the westerly existing right-of-way, except for that portion of the Green River being just north of the existing pedestrian bridge and south of Ramada Inn, where the limits will extend to the toe of slope or edge of water. The northerly survey limits will extend 100 - feet north of the intersection of West Valley Highway and S. 156th Street. The southerly survey limits extend to the southerly edge of the northerly crosswalk at the West Valley Highway & Strander Boulevard intersection. The easterly survey limits will be 5 -feet east of the easterly right-of-way. Surveying also includes mapping Longacres Way from the intersection of West Valley Highway, easterly, to the access to Sound Transit's Tukwila Station. The northerly limits of Longacres Way to Nelson Place will be approximately 5 -feet beyond the right-of-way or to the existing building faces. From Nelson Place running easterly the northerly limits will be to the face of curb. The southerly limits along Longacres Way will be 5 -feet beyond the right-of-way margin. 341. Survey Project Management, Administration, QA/QC This task includes the survey project management, administrative duties, and quality control required for a project of this complexity and magnitude. Depending on the project requirements, 1 Alliance will assign a Survey Project Manager, Assistant Project Manager, and Survey Quality Leader for this project. This survey effort will be under the direct supervision of a Washington State Licensed Land Surveyor. 3.. Survey Control This task includes the establishment of survey control, or the recovery of existing survey control, as required for the project. Typically, survey control will be set, found, or referenced utilizing Real Time Kinematic (RTK) GPS (GLASS) and the Washington State Reference Network (WSRN) in conformance with industry standards. This survey control is then typically propagated, as required, utilizing standard terrestrial total station measurements. Horizonal Datum - NAD83/91 Washington State Plane Coordinate System, North Zone, US Survey Feet. Vertical Datum - North American Vertical Datum of 1988 (NAVD 88). Survey control will be set outside of the expected project extents to ensure a good basis for this project's future construction. Cadastral monumentation local to the site, as available, will be tied into this survey, to aid in resolution of the ROW in the project area. This task includes the field surveying and mapping for the support of improvements for design within the described limits. 1AG proposes using ground-based terrestrial 3D Laser scanning methods for mapping and conventional mapping methods for the obscure areas. Topographic mapping will include channelization, sidewalks, curbs, asphalt, gravel, paths, ramps, concrete, poles, overhead wires & sag points, railroad features, drainage courses, top & toe of slopes, swales, culverts, visible surface utilities West Valley Highway (Strander Blvd to 1-405) Improvements 10 and painted underground utility marks, trees 8" and larger at breast height (dbh), ground elevations and breaklines sufficient to create 1 -foot contours. Storm drainage and sanitary sewer structures will be measured internally. Up to two Pothole locations will be surveyed. 3.4. Office Processing This task includes the office processing of the collected survey data, data extraction, field -book note reductions, CADD drafting, and other duties required for the generation of the deliverables. For 3D laser scanning efforts, tasks include the registering of point clouds; evaluating the registrations; exporting the point cloud data to Civi13D; creating or picking of appropriate points in Civi13D; Linework and Layering, and standard CADD drafting of the deliverables, as required. .. Right -of -Way, Property Lines & Easement Resolution 1AG will resolve the existing right-of-way and adjacent parcel boundaries within the project area including all recorded easements. It is estimated that approximately 10 title reports will be needed to show the existing easements along the easterly project corridor and Longacres Way. A complete Title Reports listing will be provided to the AGENCY. The AGENCY will order and pay for the Title Reports which will be provided to the CONSULTANT upon receipt. 1 j ■ The AGENCY will provide approximately 10 title reports with underlying documents. ■ The AGENCY shall obtain Right -of -Entry (ROE) for any mapping within UPRR right-of-way at track level if there is design justification. This scope and fee proposal assumes all survey will be performed below the UPRR trestle. ■ Right -of -Entry (ROE) access for surveying for properties is not necessary per the AGENCY. ■ Tree Tags and driplines for significant trees within the shoreline buffer are a part of the scope of services. ■ Surveying of wetland and OHWM flags are not included under this scope of work. ■ Washington Utility Notification Center will be requested to mark the underground utilities. This is a free service; however, the lack of response may require a private utility location service. Should a private utility location service be needed, this service will be coordinated by 1AG as part of a future supplemental agreement. ■ Due to the use of 3D Laser scanning technology, traffic control is not anticipated or budgeted. ■ 1AG personnel will not access any area that is unsafe for any reason. ■ 1AG will notify TranTech of any unsafe working conditions. ■ 1AG is not responsible for any delays due to unsafe working conditions. ■ Project Basemap at 1" = 20' scale, 1 -foot contours. ■ 2018 AutoCAD Civil 3D file of Project Basemap in 1AG CAD drafting standards. ■ 2018 AutoCAD Civil 3D CAD digital terrain model (DTM) drawing file. ■ 2018 AutoCAD Civil 3D Land XML -compatible digital terrain model (DTM) file. West Valley Highway (Strander Blvd to I-405) Improvements 11 iiii 111111 11111 1111 1 'Ill a " r1 9 The potholing will be accomplished by a qualified contractor under subcontract to 1AG. the task of locating the limits of pipe casing for Seattle Public Utility's (SPU) 60 -inch transmission main crossing WVH just north of the Chevron gas station. It is estimated that the casing extends to the toe of the existing roadway slope. To perform this work, the subcontractor will utilize an Air Vacuum Excavation System to obtain utility location and depth information. + ,r ■ After the limits of WVH right-of-way and utility easements are defined, a preconstruction meeting will occur between the Agency, SPU, and the CONSULTANT, to discuss the work involved, discuss procedures, and receive approval to perform the work ■ The Subcontractor shall air vacuum excavate (1) test -hole to obtain depth on an existing 60" water line. ■ The utility lies between 0' and 10' in depth. ■ At this time all test -holes are assumed to be located in the existing soft surface. If a test -hole falls in the hard surface APS, Inc. shall jackhammer the existing asphalt 12" x 12" in size. ■ APS, Inc. shall backfill all test -holes with a material approved by City of Tukwila (5/8" crushed rock, sand, pea gravel, etc.). ■ CDF backfill is excluded in this scope. Should the Agency require additional restoration, the Subcontractor will be notified, and a new scope will be provided for the additional restoration cost. ■ Restoration will be 5/8" crushed rock backfill. This patch will carry a 2 -year warranty from the date the test -hole was completed. ■ All traffic control plans will be drawn and submitted by the Subcontractor ■ Test -hole data sheets, which include Top, Bottom, Width, Diameter and Direction of the utility. ■ Excel spread sheet containing all test -hole data for the project. ■ Hub with measurements left at grade ■ Photos of all found utilities. West Valley Highway (Strander Blvd to I-40.5) Improvements 12 11111111711 1 This task includes the completion of a field exploration and laboratory testing program, the results of which will be used to develop geotechnical recommendations for the project. Geotechnical recommendations related to retaining wall and engineered slope design will be provided. 4.1,1, Field Explorations and Laboratory Testing Landau Associates, Inc. (LAI) proposes to advance four hand auger explorations to characterize subsurface conditions in the vicinity of the proposed retaining wall and engineered slope. Each hand auger exploration will be advanced to a maximum depth of 4 to 5 feet (ft) below the existing ground surface (bgs). Prior to conducting the field investigation, a LAI representative will mark the exploration locations in the field and arrange for an underground utility locate (1800... call before you dig). LAI will also arrange for a private utility locate at each of the exploration locations, if required. LAI will conduct geotechnical laboratory testing in our laboratory on representative soil samples obtained from the exploratory borings and test pits to aid in their classification and determination of engineering properties. Geotechnical testing is expected to consist of 2 index tests (either mechanical sieve analysis or Atterberg limit determinations). 4.1.2. Geotechnical Evaluation, Reporting, and Meetings LAI will complete geotechnical engineering analyses and develop recommendations to support design of the proposed retaining wall, including: ■ Seismic design criteria, including an evaluation of liquefaction and lateral spreading potential. ■ Recommendations for earthwork and site preparation including: clearing, stripping, and grubbing; the suitability of onsite soils for reuse in structural fill; imported structural fill requirements, subgrade preparation; and placement and compaction of structural fill. • Recommendations for retaining wall design including: foundation subgrade preparation, design parameters, nominal bearing pressure, anticipated foundation settlement, and wall backfill and drainage considerations. ■ Recommendations for engineered slope design. The results of our field explorations and geotechnical engineering analyses will be summarized in a draft technical memorandum. The report will include a site plan showing the exploration locations, summary logs of conditions observed in the explorations, results of the geotechnical laboratory testing, and a discussion of subsurface soil and groundwater conditions at the locations of the explorations. An electronic copy of the technical memorandum will be submitted for review by the project team. Upon receipt of comments, LAI will prepare and submit a final technical memorandum. WMMEI= ■ It will not be necessary for LAI's geotechnical staff to attend a project kick-off meeting. West Valley Highway (Strander Blvd to 1-405) Improvements 1.3 ■ Field work will be performed during normal business hours (i.e., no night or weekend work is planned or will be required). ■ There is adequate space in the vicinity of the proposed retaining wall to advance the explorations proposed herein. ■ It is feasible to support the proposed retaining wall on shallow foundations. ■ The SPU water line is cased for the full width of the WVH right of way, and therefore does not need to be bridged ■ Signal standard foundations recommendations, if needed, will be provided at a later date under a separate scope and budget. ■ Pavement section recommendations, if needed, will be provided at a later date under a separate scope and budget. ■ Stormwater infiltration recommendations, if needed, will be provided at a later date under a separate scope and budget. ■ Construction support activities, if needed, will be provided at a later date under a separate scope and budget. WME-0-ror M- ■ An electronic (MS Word) copy of the draft technical memorandum. ■ An electronic (Adobe PDF (& MS Word if available)) copy of the final technical memorandum. West Valley Highway (Strander Blvd to 1-405) Improvements 14 5. Environmental and Services -Landau Associates (LAi) Permitting LAI understands that the AGENCY has obtained federal funding assistance for the project from the Federal Highway Administration (FHWA) and to be administered through WSDOT. The AGENCY anticipates that National Environmental Policy Act (NEPA) documentation prepared in association with federal funding will be adopted as the State Environmental Policy Act (SEPA) environmental analysis pursuant to WAC 197-11-630 and Chapter 21.04.230 of the Tukwila Municipal Code (TMC). This task covers consulting services to coordinate with regulatory agencies and to prepare required permit applications and associated environmental documentation to obtain agency approvals for the proposed project. LAI will assist in scheduling and participate in pre -application meetings, as needed, with the AGENCY, Washington State Department of Transportation (WSDOT) and Washington Department of Fish & Wildlife (WDFW) to coordinate permit conditions for the project. Time is included to respond to WDFW comments on application materials prepared in Task 5.6, as described below. This task includes participation in at least two scoping meetings with WSDOT Local Programs, FHWA and/or other potential state/federal funding agencies to coordinate environmental documentation requirements associated with federal funding. ■ Three agency meetings at the project site are included in this task. ■ All time budgeted for meetings and workshops include travel time and the deliverables mentioned in this task. ■ No additional studies will be required as part of the response to agency comments. ■ Meeting summaries will be provided in e-mail correspondence. ■ Response to agency comments will be provided in e-mail correspondence. For LAI will prepare a preliminary version of the WSDOT Local Programs NEPA Categorical Exclusion (CE) Form (formerly the Local Agency Environmental Classification Summary). The purpose of the preliminary NEPA CE form is to facilitate discussion with WSDOT Local Programs to determine subsequent NEPA compliance needs. To complete the preliminary version of the CE form, LAI will compile and review environmental information from readily available public domain resources to gain a general understanding of relevant environmental resources along the project corridor. West Valley Highway (Strander Blvd to 1-465) Improvements 15 Task 5.1 includes participation in scoping meetings with WSDOT Local Programs/FHWA regarding documentation requirements associated with federal funding. At a minimum, this scope of services assumes that the NEPA CE form will include a Hazardous Materials Linear Corridor Screening Assessment (see Task 5.3), effect determination for species listed under the Endangered Species Act (ESA) and Essential Fish Habitat (EFH) evaluation (see Task 5.4), documentation of a wetland/waterway delineation, and compliance with Section 4(f) of the US Department of Transportation Act of 1966 (Task 5.10). The NEPA CE form will also require a discussion of stormwater treatment and detention, which will be based on design and information provided by TranTech. NEMBUM ■ The proposed project has received funding from FHWA administered through WSDOT Highways and Local Programs. ■ The proposed project will be determined to be a Class II Documented Categorical Exclusion (DCE) and neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. ■ NEPA documentation prepared in association with federal funding will be adopted as the State Environmental Policy Act (SEPA) environmental analysis pursuant to WAC 197-11-630 and Chapter 21.04.230 of the Tukwila Municipal Code (TMC). ■ The project will comply with exemption from Section 106 of the National Historic Preservation Act. ■ Noise, Section 6(f), Floodplain, and Environmental Justice analyses will be documented in the CE form. Individual discipline reports and modeling/impact evaluation efforts will not be required for these elements of the environment. ■ Wetlands/waterways impacts will be avoided. ■ A wetland/waterway delineation memorandum will be adequate to document potential wetland/waterways that occur within the study area. ■ No acquisition of right-of-way will be required for the project. ■ An electronic (Adobe PDF (& MS Word if available)) copy of the draft NEPA CE form. ■ An electronic (Adobe PDF (& MS Word if available)) copy of the final NEPA CE form. 5.3. Hazardous Materials linear Corridor Screening LAI will conduct a screening -level assessment of sites along the project corridor for the potential presence of contamination. The screening -level assessment of the project corridor will include the following components: ■ Reviewing available aerial photographs to assess past uses of the project corridor and adjacent properties from the present back to their first developed use, or back to 1940, whichever is earlier. ■ Reviewing listings from a subcontracted database service (Environmental Data Resources Inc.) of confirmed and suspected contaminated sites within a 1 -mile radius of the project corridor abstracted from US Environmental Protection Agency (EPA), tribal, and Ecology environmental databases. ■ Reviewing reports documenting previous environmental investigations completed at sites along the project corridor (if available from the AGENCY and/or WSDOT). ■ Conducting a site reconnaissance of the project corridor to visually and physically observe current land -use activities and environmental conditions. West Valley Highway (Strander Blvd to 1-405) Improvernents 1.6 ■ LAI will request and collect information from Ecology to further evaluate the sites of potential hazardous and problem waste concerns for the project that were identified in the regulatory database search or site reconnaissance, if any. This task will include: Visiting Ecology's Northwestern Regional office in Bellevue, Washington to review documents available from the agency files and to request copies of relevant information related to environmental conditions at sites along the project corridor o Reviewing/photocopying pertinent documents/information. The data collected will be summarized in a technical memorandum. ■ A Hazardous Materials Discipline Report to address hazardous and problem waste may be required by WSDOT based on its review of the preliminary NEPA CE form. Preparation of a Hazardous Materials Discipline Report is not included in this scope of services. The level of detail and report format for a Hazardous Materials Discipline Report is dependent on the project activities, and type and number of potential hazardous material impacts identified. A scope and cost estimate to complete a Hazardous Materials Discipline Report, if required by WSDOT, will be provided following receipt of review comments from WSDOT regarding the preliminary NEPA CE form. ■ The hazardous materials corridor screen technical memorandum will not meet the requirements of a Phase I environmental site assessment under ASTM E1527-13. ■ Building interiors will not be accessed as part of the site reconnaissance. ■ Conditions at immediately adjoining properties may not be observable from public access areas and, as a result, may not be identified during the site reconnaissance. ■ No right-of-way acquisition will be required for the project. ■ An electronic (MS Word) copy of the draft Screening -Level Hazardous Materials Linear Corridor Report ■ An electronic (Adobe PDF (& MS Word if available)) copy of the final Screening -Level Hazardous Materials Linear Corridor Report. Magnuson -Stevens Act Essential Fish Habitat (EFH) Evaluation LAI will prepare a BA for selected species federally listed as threatened or endangered in the action area under the ESA and an EFH Evaluation for the proposed project. LAI will obtain updated species lists from agency websites, request site-specific species and habitat information from the WDFW Priority Habitats and Species database, and review information from the Washington Natural Heritage Program. Evaluation of specific project details, such as construction techniques and equipment used, timing of construction, and best management practices (BMPs) will be based on information provided by TranTech. The report will establish the project action area, which incorporates the furthest extent of both aquatic and terrestrial impacts. Appropriate environmental baseline information and species history will be summarized West Valley Highway (Strander Blvd to 1-4075) Improvements 17 in the BA. A determination of "no effect" (NE) or "may effect, not likely to adversely affect" (NLAA) is anticipated. The project is not expected to impact EFH. LAI will prepare a draft BA and EFH for review and comment by TranTech and the AGENCY, and then a final document. ■ The BA will be drafted using the current WSDOT template. ■ A 30% to 60% level of design will be sufficient for preparation of the BA and EFH Evaluation report. ■ The project will have a NE or NLAA determination on listed species and/or their designated critical habitat and a formal Biological Opinion will not be required. The project will have no adverse impact to EFH. ■ WSDOT BA procedures for calculating the extent of in -water impacts will be used; however, this task does not include water quality modeling using CORMIX modeling software. In -water construction will not be required as part of the proposed project. ■ This task does not include meetings with agency staff from the US Fish & Wildlife Service (USFWS) or National Oceanic and Atmospheric Administration (NOAA) Fisheries. ■ Design and construction details required for permit applications that are not directly related to a Critical Areas determination will be provided to the LAI biologist. Such elements include, but are not limited to, a stormwater drainage report; a temporary sediment and erosion control plan; proposed construction timing, sequencing and duration; and primary types and duration of construction equipment to be used. ■ This task does not include efforts to conduct a 6 -month update review of species listings. ■ The scope of work does not include monitoring of any federally listed or state listed species during construction activities. Should any monitoring of these species be required, an addendum to this scope and budget can be prepared. r ■ An electronic (Adobe PDF (& MS Word if available)) copy of the draft BA and EFH Evaluation report. ■ An electronic (Adobe PDF (& MS Word if available)) of the final BA and EFH Evaluation report. 5.5. Cultural Resources LAI will identify the Area of Potential Effects (APE) in accordance with 36 CFR 800.16(d) and coordinate with the Local Program Engineer and WSDOT archeologist on the APE request and a Section 106 exemption. ■ The project will comply with exemption from Section 106 of the National Historic Preservation Act as identified in Appendix J of the WSDOT Local Programs NEPA Categorical Exclusion Guidelines. ■ This task will be limited to preparation of the APE and coordination with the WSDOT archeologist. ■ For this task, TranTech will provide LAI with a detailed project description of the project, project area including areas of ground disturbance and known staging areas, and conceptual plans showing the scope of work and cross-sections. West Valley Highway (Strander Blvd to 1-405) Improvements 1.8 ■ An electronic (Adobe PDF (& MS Word if available)) copy of the draft APE. ■ An electronic (Adobe PDF (& MS Word if available)) copy of the final APE. 5,6. Shoreline Permit ,application Submittal LAI will prepare documentation as required by the TMC for a shoreline substantial development permit. LAI will complete the AGENCY's Shoreline Permit application and associated documentation and a figure for property owners within 500 -feet of the project area. Mailing list labels and other administrative tasks will be coordinated by the AGENCY. Information required as part of the application also includes five (5) copies of the following: ■ Description of project consistency with decision criteria ■ Vicinity map ■ Shoreline site plans (top of bank, landward catch point toe of levee, riverbank toe, mean high water mark, and 100 -year base flood elevation, appropriate setbacks, maintenance easements, limits of construction) ■ Sensitive area study documentation and plans ■ Cross sections • Landscape plans ■ Civil plans (stamped, signed, and dated by licensed professional engineer). LAI will prepare the City of Tukwila Tree Clearing Permit application, which will be included with the Shoreline Permit application package. The "description of project consistency with decision criteria" listed above will include reference to the AGENCY's tree regulations. ■ SEPA checklist will not be required as part of the project application. NEPA documentation prepared in association with federal funding will be adopted as the SEPA environmental analysis pursuant to WAC 197-11-630 and Chapter 21.04.230 of the Tukwila Municipal Code (TMC). ■ The AGENCY will pay all the applicable permit application fees associated with the shoreline permit. ■ LAI staff attendance at a Hearing Examiner meeting is included in this scope of services. ■ A tree size and location survey (the results of which are required to be shown on the plans) will be completed by Perteet and incorporated into the plans. ■ The plan set will include the required Landscape Plan, Site Plan and Sensitive Area Plan, and will be compiled by Perteet. ■ Construction will begin within 2 years of permit approval and be completed within 5 years. ■ The 30% design plans will be suitable for the shoreline permit application, and the AGENCY will waive the requirement that civil plans be stamped, signed, and dated by a licensed professional engineer as part of the permit application. Deliverables ■ An electronic (Adobe PDF (& MS Word if available)) copy of the draft Shoreline Permit application submittal(s). West Valley Highway (Strander Blvd to I-405) Improvements 1.9 ■ An electronic (Adobe PDF (& MS Word if available)) and required paper copies of the final Shoreline Permit application submittal(s). .7. Wetiand/Waterway Delineation LAI will conduct wetland delineations in accordance with the US Army Corps of Engineers (USACE) 1987 Wetlands Delineation Manual and the 2010 USACE Regional Supplement to the Wetland Delineation Manual. The ordinary high-water mark (OHWM) of waterways, will be delineated using guidance provided in Ecology's Determining the Ordinary High -Water Mark on Streams in Washington State. The OHWM for the Green River will be obtained from engineering design drawings and documentation associated with the Pedestrian Bridge Project. LAI will compile and review environmental information from readily available public domain resources to gain a general understanding of potential wetland issues at the site. Public domain resources include, but are not limited to: ■ Natural Resources Conservation Service Soil Survey data ■ National Wetlands Inventory mapping • Local Critical Areas mapping ■ US Geological Survey topographic mapping ■ Recent aerial photography. The field investigation will include an examination of vegetation, soils, and hydrology within the project area. Flagging will be placed along the wetland/waterway boundaries and will be confined to the project area. Any wetland/waterway habitat that extends beyond the project area, and within 200 ft (referred to as the study area), will be estimated both visually and using public domain resources to assess extent. Included in this task is time to provide the project surveyors with a hand -sketch of wetland/waterway boundaries to assist the surveyors to locate project flagging. We also included time to review the survey map and request any necessary changes to accurately represent existing wetland/waterway conditions. Wetlands within the study area will be rated in accordance with Ecology's Washington State Wetland Rating System for Western Washington, and buffer widths will be determined in compliance with applicable Critical Areas regulations. Stream typing and buffer widths are based on Chapter 18.45 of the TMC, and the water typing system promulgated in WAC 222-15-131. Wr a • Includes efforts for rating for no more than two wetlands. ■ AGENCY will provide the CONSULTANT any further wetland/waterway delineation information from the Pedestrian Bridge project that it does not already possess. ■ Current project extends beyond delineation limits of the Pedestrian Bridge project. ■ Sketch of wetland/waterway boundaries. West Valley Highway (Strander Blvd to I-405) Improvements 20 5.8. Wetland/Waterway Delineation Technical Memorandum LAI will prepare a draft Wetland/Waterway Delineation Technical Memorandum with the information obtained from field delineation and ratings completed in Task 4.08. The memo will be acceptable to the AGENCY for shoreline permitting and other regulatory agencies and will include: ■ A summary of the methodology used ■ The size and rating of each wetland and waterway; a characterization of wetland vegetation, soils, and hydrology; and field data sheets • A scaled site map showing the locations of wetland/waterway boundaries and buffers, locations of wetland data plots, and site topography ■ Supporting photographs. The draft memo will be provided to TranTech and the AGENCY for review. Comments will be reviewed and incorporated, as appropriate, into a final Wetland/Waterway Delineation Technical Memorandum. The delineation memo will be used in pre -application meetings for the purposes of discussing potential project impacts and determining agency jurisdiction. * N • ■ No wetlands or non -shoreline waterways or their buffers are anticipated lying within the project area. Impacts within the project area will be limited to shoreline buffer associated with the Green River. Buffer impacts and mitigation will be addressed in the shoreline permit application. ■ Data for the ordinary high-water line of the Green River adjacent to the project will be obtained from design drawings completed as part of the Pedestrian Bridge Project. ■ The results of the delineation and delineation memo will be used in developing the 30% design. Deliverables ■ An electronic (MS Word) copy of the draft Wetland and Waterway Delineation Report. ■ An electronic (Adobe PDF (& MS Word if available)) copy of the final Wetland and Waterway Delineation Report. ar rIn 211= O This task consists of the design support services necessary to prepare and complete design drawings that will be required for impacting the shoreline buffer of the Green River. LAI will provide comments to Perteet for incorporation of buffer mitigation into the landscape plans at the 60 percent, 90 percent, and 100 percent levels. ■ Perteet will incorporate mitigation in landscape plans and specifications as required by the AGENCY's Shoreline Master Plan (SMP). ■ Irrigation design is not included in this task. ■ Grading design and grading plans are not included in this task. West Valley Highway (Strander Blvd to 1-405) Improvements 21 ■ A Temporary Erosion and Sediment Control (TESC) Plan is not included in this scope. Some erosion control design is anticipated, but any erosion control elements are expected to be minor and be coordinated with TranTech for incorporation into the TESC plan(s) prepared by others. REM ■ E-mail and/or telephone correspondence providing information needed for project landscape plans for the purpose of fulfilling project mitigation requirements related to shorelines. 5.10. Section 4() Documentation LAI will prepare the WSDOT Section 4(f) De Minimis Impact Determination form. The form will provide: ■ A project description ■ A description of Section 4(f) resources (i.e., park and/or historic sites) affected by the project and proposed impacts (including figure) ■ A summary of public outreach efforts. LAI will prepare a draft form for review and comment by TranTech and the AGENCY, and then a final document. Assumptions ■ Impacts to the Interurban Trail associated with the project meet the requirements of a Section 4(f) de minimis impact. ■ A concurrence letter from the agency with jurisdiction over the Section 4(f) resource will be provided to LAI by the AGENCY or Perteet. ■ An electronic (Adobe PDF (& MS Word if available)) copy of the draft Section 4(f) De Minimis Impact Determination form ■ An electronic (Adobe PDF (& MS Word if available)) copy of the final Section 4(f) De Minimis Impact Determination form. West Valley Highway (Strander Blvd to 1-405) Improvements 22 6. Public Outreach Support CONSULTANT shall provide roll plot exhibits and staffing support of the Project Manager and Lead Project Engineer as necessary for one (1) public outreach meeting to held after submittal of the 30% Plans but prior to completing the 60% Contract Documents. The AGENCY will lead all efforts associated with this task including, but not limited to; public notifications, preparation of all other presentation materials, securing the meeting space, coordination and invitation of key stakeholders, and conducting the meeting. Deliverables: ■ One roll plot exhibit at no smaller than 1"-20' scale for both WVH and Longacres Way. West Valley Highway (Strander Blvd to 1-40S) Improvements 23 X=4 7.1. Pedestrian Crossing Evaluation TRANSPO will provide a traffic engineering analysis of pedestrian trip generation in the vicinity of WVH between Strander Blvd and Longacres Way to determine if a pedestrian crossing on WVH is warranted and what type of crossing would be justified, if any. TRANSPO will conduct one (1) visit to the project site to observe the existing conditions and gather pedestrian volume data. A vendor under subcontract to TRANSPO will collect traffic data (speed, volume and gaps) on WVH, which will be critical to assessing the need for various crossing treatment options. The vendor will also collect intersection pedestrian counts at the Strander Blvd and Longacres Way intersections during a 2 -hour period around both the morning and afternoon peak traffic time periods. During the site visit, TRANSPO will observe vehicle and pedestrian traffic patterns for the morning and afternoon peak traffic periods. Other relevant information about the site, including, but not limited to; existing traffic control, channelization, visibility, lighting, and pedestrian access points will be documented. The data collected will be summarized and used as a basis for evaluation of the need and design of a pedestrian crossing. TRANSPO will document conditions of the roadway network, including speed limits, number of travel lanes, visibility and existing pedestrian facilities. Traffic control, channelization and other relevant characteristics of the right of way will be documented. The crossing alternative will be evaluated against best practices and national research including NCHRP Report 562: Improving Pedestrian Safety at Unsignalized Crossings, the NACTO Urban Street Design Guide, and the FHWA Small Towns and Rural Networks guide. The evaluation will assess the need and recommended enhancements for the safety and comfort of a new mid -block pedestrian crossing. The evaluation will address the following questions: Is a mid -block crossing needed at this PROJECT location? What is the scope and scale of a high comfort crossing, well-suited for use, given the project site and traffic conditions? • How would the PROJECT impact existing access to properties on either side of the street? 7.2. Traffic Analysis TRANSPO will provide traffic analysis for the project to verify lane configurations, turn lane storage needs, and signing/striping recommendations. A vendor under subcontract to TRANSPO will collect AM and PM peak hour turning movements at the Strander Blvd, Longacres Way, and 1-405 NB ramp terminal intersections along West Valley Highway. TRANSPO will review planned phasing of development in the study area and future capital infrastructure projects. TRANSPO will develop year of opening (2020) and design year (2040) travel forecasts. The forecasts will be developed utilizing the City's travel demand model (as maintained by Fehr & Peers) as well as information provided in traffic studies for recent and proposed projects. TRANSPO will utilize this information to perform level -of -service and delay estimates for opening and design years. Recommendations for lane configurations, turn lane storage, and signing/striping will be West Valley Highway (Strander Blvd to 1-405) Improvements 24 made. The CONSULTANT will meet with the AGENCY and WSDOT'S Traffic Department to discuss the PROJECT'S characteristics and needs. 4 # # ■ The AGENCY's Traffic Model maintained by Fehr & Peers will be provided by the AGENCY to the CONSULTANT. ■ The CONSULTANT will develop an appropriate growth factor to project traffic volumes to the year 2040. TRANSPO will prepare a draft memorandum documenting all analyses, findings, and conclusions for the pedestrian crossing evaluation and traffic analysis. TRANSPO will finalize and reproduce the memorandum following one round of review comments from the AGENCY. One meeting with AGENCY staff is anticipated to review the recommendation and discuss potential next steps. ■ The Technical Memorandum summarizing findings and recommendations of pedestrian crossing evaluation and traffic analysis will be submitted as part of the 30% design submittal with the AGENCY meeting with the CONSULTANT team to discuss the memorandum part of receiving the 30% comments. J .w ■ A Technical Memorandum summarizing findings and recommendations of pedestrian crossing evaluation and traffic analysis. West Valley Highway (Strander Blvd to 1-405) Improvements 25 There are numerous Third -Party Stakeholders along the corridor that require interaction with, and coordination on behalf of the AGENCY by the CONSULTANT. These Stakeholders have varied interests and jurisdictional authority within the footprint of the project. These Stakeholders (and their interests) include, but are not limited to; 1. WSDOT — As West Valley Highway is designated as State Route 181, WSDOT in turn has significant jurisdiction of the roadway components within the right-of-way. The level of WSDOT jurisdiction is dependent on the City's population through which a State Highway passes as codified in RCW 47.24 and WAC 468-18-OSO, as well as agreed to between WSDOT and the Association of Washington Cities per the April 30, 1997 agreement entitled, "City Streets as part of State Highways Guidelines". There is a key population threshold of 22,500 for Cities above and below which maintenance and construction responsibilities vary. Per the United States Census Bureau, the 2017 population of Tukwila is 20,144 with an average annual growth rate of from 2010 of 0.87%. At this rate Tukwila is expected to reach the 22,SOO- population threshold by 2030 and therefore for purposes of this scope will be considered as a City under 22,500 for the PROJECT's duration. The CONSULTANT will prepare the appropriate plan series for WSDOT on behalf of the AGENCY as necessary to construct the PROJECT. For this PROJECT WSDOT shall provide timely review and comments of the following construction plan series; a. Channelization Plans (Draft and Final) b. Traffic Signal Modification Plans (Draft and Final) c. Pedestrian Crossing Signal Plans (Draft and Final) d. Traffic Control Plans (Draft and Final) 2. Seattle Public Utilities (SPU) — As previously stated in the Scope, SPU operates and maintains a 60 -inch transmission main that crosses WVH in the vicinity of the new pedestrian bridge over the Green River. Together with the AGENCY, the CONSULTANT will arrange a series of meetings with SPU that include; a. A Project Kickoff Meeting to discuss the need and plan for potholing the transmission main b. A field meeting with the Contractor performing the potholing, an AGENCY representative, a CONSULTANT representative, and appropriate SPU staff once the right-of-way limits have been defined by the CONSULTANT c. An office meeting with the AGENCY and SPU to discuss the CONSULTANT's findings regarding; i. Right -of -Way limits; ii. Limits of the existing steel casing near the eastern right-of-way margin; iii. Depth to pipe casing; iv. Geotechnical recommendations for slope treatment above the pipe casing to accommodate a wider road as warranted; West Valley Highway (Strander Blvd to 1-40S) Irnprovements 26 v. Structural recommendations for accommodating a wider road that exceeds the footprint of the existing casing. 3. Puget Sound Energy (PSE) — Is known to have large diameter high voltage buried conduits along WVH that may conflict with new storm sewer or new sidewalk infrastructure. Also, the Interurban Trail the follows PSE's overhead transmission lines and bisects Longacres Way in the vicinity of Nelson Place. In this same vicinity there is a parcel of land that per King County's Parcel Viewer is without defined ownership. It is possible that PSE is the underlying owner. Upon completing preparation of the topographic and survey map and development of a 30% Plan, up to two (2) meetings will be arranged by the CONSULTANT with the AGENCY and PSE to discuss the CONSULTANT's findings, potential conflicts, and reach consensus on practical design solutions to complete PROJECT Contract Documents. The CONSULTANT will make every practical accommodation to avoid impact to PSE's facilities. If easements or right-of-way acquisition is required to complete the PROJECT as envisioned, a supplement shall be prepared for the CONSULTANT to develop such property agreements. 4. Sound Transit (ST) — manages and operates the Tukwila Station multi -modal transit hub at the eastern terminus of the PROJECT. Along the Longacres Way corridor, the PROJECT proposes to widen, modify, or affect infrastructure potentially within its property. Upon completing preparation of the topographic and survey map and development of a 30% Plan, up to two (2) meetings will be arranged by the CONSULTANT with the AGENCY and ST to discuss the CONSULTANT's findings, potential conflicts, and reach consensus on practical design solutions to complete PROJECT Contract Documents. The CONSULTANT will make every practical accommodation to avoid impact to ST's facilities. If easements or right-of-way acquisition is required to complete the PROJECT as envisioned, a supplement shall be prepared for the CONSULTANT to develop such property agreements. S. Union Pacific Railroad (UPRR) — manages and operates a freight mainline that bisects Longacres Way towards the eastern terminus of the PROJECT with an estimated right-of-way width of 100 -feet. Its overhead trestle constrains the potential width of a shared use path approaching the Tukwila Station. As discussed in other sections of the Scope, an existing retaining wall beneath this trestle may need to be relocated and rebuilt higher to allow for adequate pedestrian horizontal clearance. In this same vicinity there is a parcel of land that per King County's Parcel Viewer is without defined ownership. It is possible that UPRR is the underlying owner. Upon completing preparation of the topographic and survey map and development of a 30% Plan, up to two (2) meetings will be arranged by the CONSULTANT with the AGENCY and UPRR to discuss the CONSULTANT's findings, potential conflicts, and reach consensus on practical design solutions to complete PROJECT Contract Documents. The CONSULTANT will make every practical accommodation to avoid impact to UPRR's facilities. If the AGENCY desires to engage with the UPRR to affect construction of a new retaining wall beneath the trestle, as part of a supplemental agreement the CONSULTANT will prepare the Right of Entry/Temporary Use of Railroad Property permit. The AGENCY will be required to pay all required fees. There may be other Stakeholders with a vested interest in the project that may be discovered during the design process. The AGENCY and the CONSULTANT will do their best to identify these Stakeholders and collaboratively work together to address their concerns throughout design. West Valley Highway (Strander Blvd to 1-405) Improvements 2.7 The following sections highlight specific work sub -elements to be accomplished in coordinating with Stakeholders. The following list is not intended to be all inclusive, but to highlight the most important sub -elements. All work sub -elements are to be submitted for review in accordance with the descriptions above. Channelization plans OT Approval) CONSULTANT shall prepare the Channelization Plan for Approval for improvements along West Valley Highway per WSDOT standards and the Practical Design approach for accommodated competing multi -modal interests. The WSDOT Northwest Region Channelization Plan Checklist will be used as a guide for submittal procedure. Related design variances (deviations, exceptions, or justifications) are included in this task. No design variances are included in this scope as existing conditions do not appear to be constrained. Submittals of the Channelization Plan for Approval will be prepared to the Draft and Final completion levels. Comments from the AGENCY and WSDOT will be reflected in each subsequent submittal. Comments will be addressed in a written response letter to be furnished with the second and third submittals. CONSULTANT shall lead the coordination effort between the design team and WSDOT with up to two (2) meetings for the coordination effort required for plan approval. ■ It is believed based upon available GIS and Aerial mapping, that the existing face of curb to face of curb limits between Strander Blvd and Longacres Way can support two outside 12 -foot travel lanes and 5 interior 11 -foot travel lanes. In the CONSULTANT's interpretation of WSDOT's Practical Design section as defined in its Design Manual, such a lane configuration is appropriate and should be supported by WSDOT. Doing so manages the PROJECT'S overall costs and greatly reduced the impact of stormwater management that would be required of the project. ■ The westerly curb line between Longacres Way and the 1-405 Ramps is adequate and will be allowed to remain in its current position ■ An easterly curb line and sidewalk (without shoulder) will be constructed as part of a new travel lane through this segment. ■ Information developed in Work Element #7 regarding vehicle queues will guide the length of vehicle storage to be provided throughout the corridor ■ Information developed in Work Element #7 regarding vehicle travelling speeds will guide the posted speed limit of the corridor (currently 40 mph, but may be lowered in discussions with WSDOT), geometry of striping, and clear zone setbacks ■ One full-size (22x34) Draft Channelization Plan for Approval sheets at 1" = 50' scale (3 full-size sheets) submitted electronically (Adobe PDF) ■ One full-size (22x34) Final Channelization Plan for Approval sheets at 1" = 50' scale (3 full-size sheets) signed and submitted electronically (Adobe PDF) West Valley Highway (Strande� Blvd to 1-405) Improvements 28 Traffic & Pedestrian Signal Plans (WSDOT Approval) CONSULTANT shall prepare the Signal Plans for approval for improvements along West Valley Highway per WSDOT standards and the Practical Design approach for accommodating competing multi -modal interests. The WSDOT Northwest Region Signals Plan Checklist will be used as a guide for submittal procedure. Related design variances (deviations, exceptions, or justifications) are included in this task. No design variances are included in this scope as existing conditions do not appear to be constrained. Submittals of the Signal Plan for Approval will be prepared to the Draft and Final completion levels. Comments from the AGENCY and WSDOT will be reflected in each subsequent submittal. Comments will be addressed in a written response letter to be furnished with the second and third submittals. CONSULTANT shall lead the coordination effort between the design team and WSDOT with up to two (2) meetings for the coordination effort required for plan approval. +r r ■ It is assumed that the mid -block pedestrian crossing across West Valley Highway will be either a full pedestrian signal or HAWK beacon. ■ It is assumed that only minor improvements will be needed to the existing signal system at SR181 and Longacres Way including signal head replacement/relocation, minor re -wiring, and conversion of pedestrian crossing infrastructure to APS. Deliverables: ■ One full-size (22x34) Draft Signal Plan for Approval sheets at 1" = 20' scale (3 full-size sheets) submitted electronically (Adobe PDF) ■ One full-size (22x34) Final Signal Plan for Approval sheets at 1" = 20' scale (3 full-size sheets) signed and submitted electronically (Adobe PDF) Traffic Control Plans (WSDOT Approval) CONSULTANT will prepare Traffic Control Plans for the Contractor's use in constructing the proposed improvements along WVH and Longacres Way. Since this is a federally -funded project, site-specific traffic control plans will be required per WSDOT Local Agency Guidelines (LAG) Manual standards. As WVH is a State Route, these Traffic Control Plans must be reviewed and approved by WSDOT in advance of construction. Construction activities along West Valley Highway will likely be divided into multiple phases to modify the roadway's channelization and widen area sidewalks while continuing to accommodate vehicular and pedestrian traffic during construction. Traffic control plans will be prepared to City of Tukwila and WSDOT standards, as applicable. In reviewing the existing non -motorized network, pedestrians can be easily routed around the opposite sides of the street along WVH. For Longacres way there will be some constraints beneath the UPRR trestle that could be managed by timing work outside of AM and PM peak usage of the Tukwila Station. West Valley Highway (Strander Blvd to I-405) Improvements 29 Deliverables: ■ One full-size (22x34) Draft Traffic Control Plan for Approval sheets at 1" = 20' scale (5 full-size sheets) submitted electronically (Adobe PDF) ■ One full-size (22x34) Final Traffic Control Plan for Approval sheets at 1" = 20' scale (5 full-size sheets) signed and submitted electronically (Adobe PDF) West Valley Highway (Strander Blvd to 1-405) Improvements 30 Construction of new and replacement of existing pavement both pollution generating and non -pollution generating are expected to be part of this project. To comply with the 1972 Clean Water Act, the National Pollution Discharge Elimination System (NPDES) was developed. For compliance within King County and as the City of Tukwila has adopted the County's 2016 Surface Water Design Manual (KCSWDM), it will be used as the regulatory basis for all stormwater elements associated with this PROJECT. CONSULTANT will prepare a Pre -Design Record document summarizing the various stormwater requirements associated with this project to be included in an appendix of the Stormwater Technical Information Report (TI R). The CONSULTANT will prepare site assessment maps showing existing drainage features and drainage patterns within the WVH project corridor and any relevant adjacent properties. Work elements include; ■ Create existing drainage condition maps which will illustrate existing drainage features and drainage patterns. The existing drainage condition maps will be derived from the topographic survey base map created for this PROJECT. ■ Conduct site reconnaissance to verify drainage features and drainage patterns. ■ Create soil map showing soil types — Natural Resources Conservation Service (NRCS) — Consultant will acquire NRCS survey maps. ■ Create basin/TDA map which delineates the on-site project basin(s) and shows where the PROJECT site is relative to the overall drainage basin that it lies within. AGENCY mapping, its 2013 Stormwater Comprehensive Plan, and records to be consulted for the overall drainage basin information. ■ Create change in land use area maps to identify existing and proposed impervious areas that will be used for the threshold determination in accordance with the stormwater standards. emy1muffom ■ Flow control is not required for this PROJECT given the anticipated amount of new impervious area created in both drainage basins is less than the threshold quantity. ■ Water quality is not required for this project given the anticipated amount of new pollution generating impervious area created in both drainage basins is less than the threshold quantity. ■ Per the AGENCY's 2013 Comprehensive Plan all of Longacres Way and the eastern half of WVH between Longacres Way and the 1-405 Ramps drains to the east, away from the Green River. This creates two distinct drainage basins within the PROJECT site. ■ No new outfalls at the Green River will be constructed. Existing outfalls will be connected to upstream. ■ City will provide electronic GIS information on existing stormwater system that CONSULTANT will use to determine existing conditions. West Valley Highway (Strander Blvd to 1.405) Improvements 31 ■ Existing drainage condition maps, to be included in the appendix of the Stormwater Technical Memorandum. ■ Soil map, to be included in the appendix of the Stormwater Technical Memorandum. ■ Basin map, to be included in the appendix of the Stormwater Technical Memorandum. ■ Change in land use area maps, to be included in the appendix of the Stormwater Technical Memorandum. ■ .' The Consultant will prepare preliminary storm pipe conveyance capacity calculations for new pipe segments proposed as part of the improvements. This work element includes; ■ Prepare preliminary pipe sizing calculations, using full -flow conditions with the Manning equation and the Rational Method (Stormshed 3G). ■ Pipe conveyance calculations will not be performed for any existing pipe systems to remain or the main existing trunk line which the new on-site conveyance system will be tying into. ■ There will be no upgrades to any of the existing storm drain segments that are to remain upon project completion. ■ Gutter flow analysis will not be required as part of this project. Inlet spacing will be determined according to the City's design standards. ■ Preliminary pipe conveyance calculations, to be included in the appendix of the Stormwater Technical Memorandum. 9.4. Stormwater Technical Information Report (TIR)-Per eet Perteet will prepare a Stormwater Technical Information Report (TIR) with the contents limited to the task items described in this Scope of Services. The report will include the items outlined in the KCSWDM in the written descriptions of existing and post project conditions as well as appendices containing basin maps, design criteria, water quality treatment calculations and conveyance calculations. ■ Flow control is not required. ■ Water quality treatment is not required. ■ A Department of Ecology Construction Stormwater General Permit is not required as the area of disturbance is anticipated to be below 1 acre in total. Deliverables: ■ Draft and Final Stormwater Technical Information Report (TIR). West Valley Highway (Strander Blvd to I-40.5) Improvements 32 9.5. Stormwater QA/QC Deliverables An internal Consultant quality assurance/quality control review of deliverables will be conducted, as well as confirmation that comments received have been addressed. A record of comments received will be maintained. Response to each comment received will be tracked to confirm that they have been addressed. West Valley Highway (Strander Blvd to 1-405) Improvements 33 The CONSULTANT will prepare 30%, 60%, 90%, 100%, and final Bid Ready Contract Documents (Plans, Specifications, & Estimates) for AGENCY review, comment, approval, and advertisement. The AGENCY will compile a written response log to facilitate the CONSULTANT's tracking of all comments and for efficient inclusion in the contract documents. The CONSULTANT will maintain design documentation including design calculations. CONSULTANT will develop the following Plans all at 1"=20' plotted at full-size except for intersection and driveway details at 1"=10' plotted at full-size: West Valley Highway (StranderBlvd to 1 405) Improvements 34 Submittal Phase Estimated Bid Sheet Title Sheets 30% 60% 90% 100% Ready Party Cover Sheet 1 X X X X X TT General Notes 1 X X X X X TT SWPPP Sheet 1 X X X X X TT Alignment and Existing Conditions 6 X X X X X 1AG Traffic Control Plan 4 X X X X TT Traffic Control Details 2 X X X X TT Site Prep w/ Erosion Control 4 X X X X TT Drainage Conveyance Plan 7 X X X X TT Drainage Crossing Profiles 5 X X X X TT Drainage Conveyance Details 3 X X X X TT Roadway Typical Sections (WVH) 2 X X X X X TT Roadway Typical Sections (Longacres Way) 1 X X X X X TT Roadway Grading & Paving Plan (WVH) 3 X X X X X TT Roadway Grading & Paving Plan (Longacres Way) 1 X X X X X TT Roadway Grading & Paving Details 1 X X X X TT Intersection Grading & ADA Ramp Details 3 X X X TT Driveway Grading & Details 4 X X X TT Retaining Wall / Structural Details 1 X X X X TT Channelization Plan for WSDOT 3 X X X X X TT Channelization Detail for WSDOT 1 X X X X X TT Channelization & Signing Plan 4 X X X X TT Channelization & Signing Details 1 X X X X TT Signal Modification Plans & Details 3 X X X X TPO Pedestrian Signal 3 X X X X X TPO Landscaping, Irrigation, & Urban Design Plans 4 X PT Landscaping, Irrigation, & Urban Design Details 4 X PT Standard Plans 6 X X X X TT Estimated # of Sheets 79 West Valley Highway (StranderBlvd to 1 405) Improvements 34 1 . . 30% Preliminary Plans and Engineer's Opinion of Construction Cost CONSULTANT shall prepare 30% Plans and Engineer's Opinion of Construction Cost per the work elements and Sheet List described in this SCOPE. ■ The Once the Basis of Design has been completed and the AGENCY and WSDOT have both confirmed the preferred project footprint, the 30% design will commence; ■ One full-size (22x34) copy of Plans submitted electronically (Adobe PDF); ■ One copy of the Engineer's Opinion of Construction Cost (MS Excel) 1 . 1 • r '' •' s s 11111,111 11s11 iiiiiiii• CONSULTANT shall prepare 60% Plans, Technical Specifications and engineer's opinion of construction cost estimate (PS&E) per the work elements and Sheet List described in this SCOPE. Constructability Review and QA/QC activities are an inherent part of this element. Deliverables: ■ One full-size (22x34) copy of Plans submitted electronically (Adobe PDF); ■ One copy of the Engineer's Opinion of Construction Cost (MS Excel) MUMM1.1 "� ' CONSULTANT shall prepare 90% Plans, Technical Specifications and engineer's opinion of construction cost estimate (PS&E) per the work elements and Sheet List described in this SCOPE. Constructability Review and QA/QC activities are an inherent part of this element. Deliverables: ■ One full-size (22x34) copy of Plans submitted electronically (Adobe PDF); ■ One copy of Technical Specifications at 90% level document per LAG, WSDOT and City of Tukwila templates, (MS Word); One copy of the Engineer's Opinion of Construction Cost (MS Excel) 10.4. 100% Plans, Specifications & Estimate (PS E); CONSULTANT shall prepare 100% Plans, Technical Specifications and engineer's opinion of construction cost estimate (PS&E) per the work elements and Sheet List described in this SCOPE. Constructability Review and QA/QC activities are an inherent part of this element. ORTIMMITWOM ■ The AGENCY will provide the CONSULTANT the appropriate "Front End" documents for the Contract Documents package in MS Word form which may include, but is not limited to; West Walley Highway (S'trander Blvd to 1-405) Improvements 35 o Bidders Checklist o Notice to Bidders o Terms and Conditions o Non -Collusion Declaration o Mandatory Bidder Responsibility Criteria o Subcontractor Responsibility Criteria o Mandatory Bidder Responsibility Checklist o Mandatory Subcontractor Responsibility Checklist o Bid Schedule o Bid Proposal c Signature Page - Bid Proposal o Notary Authentication - Bid Proposal o UDBE Utilization Certification o UDBE Written Confirmation Document o Subcontractor List o Wage Law Compliance Responsibility Criteria o Bid Bond o Bid Bond Deposit o Public Work Agreement o Signature Page Agreement o Payment and Performance Contract Bond o Retainage Investment Option o Escrow Agreement o Saving Account Agreement ■ For these documents listed above for which the City does not have a standard template, the CONSULTANT can provide its standard template in substitution upon request. ■ The Agency shall provide a complete list of the form, agreements, templates it wishes to include for the Contract Documents package. ■ One full-size (22x34) copy of Plans submitted electronically (Adobe PDF); ■ One copy of complete Contract Documents package per LAG, WSDOT and City of Tukwila templates and inclusive of all "front end" documentation (MS Word); ■ One copy of the Engineer's Opinion of Construction Cost (MS Excel) 10.5. Act -Steady Submittal CONSULTANT team will incorporate any remaining changes and prepare an Ad -Ready submittal package of the PROJECT 100% Plans, Technical Specifications and engineer's opinion of construction cost estimate (PS&E). Constructability Review and QA/QC activities are an inherent part of this element. ■ One full-size (22x34) signed copy of Plans submitted hard copy and electronically; West Valley Highway (Strander Blvd to 1-405) Irnprovernents 36 ■ One copy of Technical Specifications at 100% level document per LAG, WSDOT and City of Tukwila templates, in MS Word format; ■ All topography and design basemapping provided for ArcGIS geodatabase with feature class data The following sections highlight specific work sub -elements to be accomplished in preparing the PS&E bid document set. The following list is not intended to be all inclusive, but to highlight the more important sub -elements. All work sub -elements are to be submitted for review in accordance with the sheet schedule above. Retaining Wall and Structural Plans In conversations with the AGENCY, review of existing documentation, our understanding of the PROJECT, and the CONSULTANT'S engineering experience, retaining wall and structural details are expected to be limited to gravity block walls approximately 6 -feet in height and confined to beneath the UPRR Trestle crossing and the NE quadrant of WVH at Longacres Way. Other assumptions include; ■ The CONSULTANT will have developed a Geotechnical Memorandum identifying what bearing pressures would be appropriate for a gravity wall of the type, size, and location(s) imagined. ■ It is not anticipated, but indeterminant at this time, whether significant structural design will be required to bridge SPU's existing 60 -inch diameter transmission main. Once the CONSULTANT has assessed whether the casing extends to the toe -of -slope, further determinations can be made, in consultation with the AGENCY and SPU, as to the most appropriate design approach for the proposed design. ■ As the existing stormwater outfall is understood to remain in its existing condition, no additional structural outfall structures are expected. ■ As stormwater flow control and water quality treatment are not expected to be a factor, structural design of vaults or similar features is also not expected. ■ It is not anticipated that any significant structural design will be required to bridge SPU's existing 60 - inch transmission main. Urban Design, Landscaping, and Irrigation Plans Urban design and landscape elements are needed along both WVH and Longacres Way to provide visual connection and continuity between the previously constructed nodes of the Pedestrian Bridge and the Tukwila Station. Landscaping is also required to address shoreline and buffer impacts to the Green River to comply with environmental permitting requirements. The AGENCY has provided CONSULTANT the construction plans of the Pedestrian Bridge including Urban Design, Landscaping, and Irrigation Plans. ■ The Urban Design Palette developed for the Pedestrian Bridge will be adequate for use on this project ■ The Landscape Plant Palette developed for the Pedestrian Bridge will be adequate for use on this project ■ Urban design and Landscaped features similar to the existing features developed for the Pedestrian Bridge shall extend along the widened "shared use path" starting from the Pedestrian Bridge and West Valley Highway (Strander Blvd to 1-405) Irnprovements 3'7 following the west side of SR 181 to the Longacres Way intersection and then along the south side of Longacres Way to the east side of the UPRR trestle. Other sidewalk sections throughout the project corridor will receive only limited special urban design and landscaping treatment in select, individual locations as appropriate to maintain the visual urban design and wayfinding elements. ■ Irrigation will be estimated on a square footage basis; irrigation design will not be prepared. ■ Restoration back of sidewalk will be done using similar treatments to the existing conditions including but not limited to: grass sod, gravel, asphalt, approved seed mix. The level of these improvements at this point is indeterminant to the CONSULTANT. To ensure adequate construction funding is available to construct the proposed aesthetic elements as described herein, the CONSULTANT will do its best to interpret the level and extents of improvements desired by the AGENCY for Urban Design, Landscaping, and Irrigation Plans only through the 30% level and also develop a thorough EOCC. Dependent upon the extent of improvements desired by the AGENCY and as funds allow, a supplemental scope and fee can be developed to bring the Urban Design, Landscaping, and Irrigation Plans to Contract Document status for WVH, or Longacres Way or both. Right -of -Way acquisition is not currently anticipated but could become necessary as the PROJECT progresses. DCI Engineers has been retained in case Right -of -Way support is needed. Right -of -Way support is not included in the SCOPE. Any Right -of -Way services requested by the AGENCY will be processed as a Supplement to this Agreement. Rpm The AGENCY may elect to retain the CONSULTANT to provide bidding support during the advertisement period to address Contractor questions or to provide supplemental information to the AGENCY is support of any addendums that it deems are warranted. Bid Period services are not included in this scope of work. INT "11F, 11 7019901"IrMIMM The AGENCY may contract with the CONSULTANT to provide certain services during the construction period which may include, but not limited to; construction engineering support, construction inspection, construction documentation control, and construction management. At the time of Construction Award a supplement can be prepared to define exactly what services the AGENCY would like the CONSULTANT to perform. West Valley Highway (Strander Blvd to 1405) Improvements 38 Exhibit B DBE Participation TranTech Engineering, LLC (Prime CONSULTANT) is a certified Underutilized, Disadvantaged Business (UDBE) D2W0025137. Our Partner, 1 Alliance Geomatics, is also a certified UDBE (D4M0022928). As such, we expect to exceed the mandatory 14`/o DBE goal on this project. Agreement Number: Exhibit 8 - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 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 Please see Exhibit A -Scope of Work for description of format and standards to be used. B. Roadway Design Files Please see Exhibit A -Scope of Work for description of format and standards to be used. C. Computer Aided Drafting Files Please see Exhibit A -Scope of Work for description of format and standards to be used. Agrcemcnt Number: Exhibit C -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page f of 4 D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency As needed per Exhibit A F. Specify What Agency Furnished Services and Information Is to Be Provided See Exhibit A Agreement Number: Exhibit C - Local Agency ME Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 2 of 4 II. Any Other Electronic Files to Be Provided Please see Exhibit A -Scope of Work for electronic deliverables per task. III. Methods to Electronically Exchange Data Email, CD, flash drive, file share, FTP site. Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03129/2019 Page 3 of 4 A. Agency Software Suite B. Electronic Messaging System Outlook, text C. File Transfers Format Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 4 of 4 See attached Exhibits Exhibit D Prime Consultant Cost Computations Agreement Number: Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit D Prime Consultant Cost Computations FEE SUMMARY LA WORK ELEMENTS City of Tukwila West Valley Highway (1-405/Strander Blvd.) E n g i n e e r i n 9 L L C 1.0 Project Management-TranTecb Engineering ZO Basis of Design-TranTech Engineering 3.0 Survey and Topographic Mapping -11 Alliance 4.0 Geotechnical Engineering -Landau Associates 5,0 Environmental Permitting -landau Associates 6,0 Public Outreach Support-TranTech Engineering 7,0 Traffic Ana lysis-Tra nspoGroup 8,0 WSDOTISPU and Stakeholder Coordination-TranTech Engineering %0 Stormwater TIR-Perteet 10.0 Plans, Specifications and Engineer's Estimate-TranTech Engineering 10.0 Plans, Specifications and Engineer" Estimate-Perteet 10.0 Plans, Specifications and (Engineer's Estimate-TranspoGroup $54,873 $11,169 $57,986 $8,254 $58,456 $3,022 $16,712 $8,743 $25,061 $241:1,271 $24,799 $21,,591 "ROPOSED CONSULTANT FEE $531,938 No 0 m cu �E 0 A`4 cn bi yu a, h 11 rq ,f,, fd OD "I Cd ID ;f 1O w co V .9 Lf) N 4CY C'1 Z �MgIV�JISIU!WPV ;,J, 0 CA C4 ja@016u3 CA r4 0) C4 —0 LO ulel"AuqOal Wo JOUal'3 j", . ......... . 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Ill t5 Z W ci Ci C; w Exhibit D Prime Consultant Cost Computations City of Tukwila West Valley Highway (1-405/Strander Blvd.) TranTech, LLC Salary Escalation Cost (estimated) Direct Classification Hrs. x 01% per year @ Rate = Cost 1 Project Manager 242 $ 60.50 $14, 1 2 Senior Civil Engineer 576 $ 55.00 $31,680 3 Staff Civil Engineer 408 $ 31,50 $12,852 4 Project Civil Engineer 492 $ 39.00 $19,188 5 Const,ruc.tion Manager 88 $ 79.00 $6,952 6 Senior Structural Engineer 6 $ 70.00 $420 5 Project Structural Engineer 36 $ 59.00 $2,124 8 Senior Structural Engineer 0 $ 62.00 $0 9 Staff Structural Engineer 1 38 $ 36.00 $1,368 10 Staff Structural Engineer 2 6 $ 45.00 $270 11 Senior CAD Technician 426 $ 40.00 $17,040 12 Office Engineer 152 $ 43.00 $6,536 13 Administrative=.2 32 $ 23.00 $736 14 0 Parking $0 15 0 $0 16 0 $ 120.00 $0 17 0 $0.580 /mile $ 174.00 $0 Total Hrs. 2502 Salary Cost 1,774 TranTech Total $ 113,807 Salary Escalation Cost (estimated) Escalation - °% of Labor Cast 01% per year @ 0 year(s) $0 Total Salary Cost $ 113,807 Overhead Cost @ 14881% of Direct Labor $ 169,356 Net Fee @ 30.0% of Direct Labor $ 34,142 Total Overhead & Net Fee Cost $203, TranTech Direct Expenses No. Unit Each Cost Reproduction Costs Copies 500 pages @ $0.06 /page $ 30.00 Reports 6 reports @ $15 /report $ 90.00 Plans 8 sets @ $20 /set $ 160.00 100% PS&E 1 sets @ $600 /set $ 600.00 Ad -Ready PS&E 1 sets @ $600 /set $ 600.00 Parking 0 @ $8 S - Mail/Deliveries/Fed Ex 6 @ S20 $ 120.00 Mileage 300 miles @ $0.580 /mile $ 174.00 Subtotal $ 1,774 TranTech Total $ 319,079 Subconsultants rs o a Landau Associates, Inc. 396 $ 66,710 Perteet, Inc. 332 $ 49,860 1 Alliance X 444 $ 57,986 Transpo Group, Inc. 279 $ 38,304 Total 0.0% 0.0% 0.0% 1,451 Subconsultant Total 0% $ 212,859 Direct Expenses Sub -Total (including Subconsultants) $ 214,633 Total Costs $ 531,938 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Invoices will show employee's actual RAW labor rates, per contract Payment Provisions. (b) Classifications shown are for estimating purposes and not all-inclusive, the actual invoice will show our employee's specific labor classification. Page 1 of 1 P: X201912019027 - Tukwila West Valley Highu y1200 C-trarts1210 Pre -co Wt tlCity of Tukwila WV H,ghway Project TranTech FeeMASTER2-TOM Printed: 5/14/2019, 11:34 AM Exhibit D Prime Consultant Cost Computations Adw MT Wa Du to At�ot tate, tit tent of rir risportU tin May 22, 2018 TranTech Engineering, LLC 12011 NE I `t Street, Suite 305 Bellevue, WA 98005 Subject: Acceptance FYE 2017 ICR — Audit Office Review Dear Mr. Kash Nikzad: �i�ai� �uar¢,tfcr�Eb �t�au(�as�ir "J ) . I 'u ,A, . I Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2017 Indirect Cost Rate (ICR) of 148.81 %. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with 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 ct�r�,t.tls.aritt�ti�5�<t�,�� ,doe.4��t.4_=rev. Regards; ERIK K. JONSON Manager, Consultant Services Office EKJ:kms Jonson, Erik May 23 2018 8:37 AM Exhibit D 1 of 3 Acceptance ICR Audit oltice Review Direct Labor Exhibit D Prime Consultant Cost Computations TranTech Engineering LLC Indirect Cost Rate Schedule For the Year Ended December 31, 2017 Financial Statement TranTech Accepted Description Amount Adj. Ref. Amount "/„ 5966,481 5966,481 100.00% Indirect Cost: Fringe Benefits PTO 587,494 $87,494 9,05'%, Holiday 43,631 43,631 4.51'% Payroll Taxes 125,191 ($3,746) 1-I 121,445 12.57% Ilealth Insurance 147,225 147,225 15.23'% Workers' Comp. Insurance 3,401 3,401 0.35'%, SIMILE IRA Employer Match 34,384 34,384 3.56% Total Fringe Benefits 5441,326 (`;;3,746) 5437,580 45.28% General Overhead Indirect Labor -Admin 5307,825 5307,825 31.85'%, Training Labor 22,873 22,873 2.37% Bid & Proposal Labor 213,899 213,899 22.1 Vlo Marketing Labor 972 (5972) G 0 0.00% Advertising Labor 2,173 (2,173) C' 0 0.00'%, Public Relations Labor 95 (95) C 0 0.00(No Direct Selling Labor 3,341 (3,341) G 0 0.00'%o Incentive Bontts 48,875 (48,875) B Indirect Contract Labor 21,941 21,941 227'%, Advertising 3,137 (3,052) C 85 0.01'%, Automobile 38,164 38,164 3.95'%, Computer 30,363 30,363 3.14"r'o Depreciation & Amoniatiori 8,765 8,765 0.91'%, Dues & SubscriptionS 10,216 (2,154) C 8,062 0.83"/o Employee Crain/Recruit/Moving 2,878 2,878 0.30'%, Insurance 34,876 34,876 3.61'%, Interest 34,727 (34,727) 1) 0 0.00% Maintenance & Rcpairs 1,941 1,941 0.20'No Professional fees 37,493 37,493 3.88'%, Public Relations Fxpensc 0 0 0.00'%7 Rent 141,852 (5,435) F 136,417 14.1 PN) Supplies & Miscellaneous 30,021 (500) 1 29,521 3.05' o `Faxes & Licenses 45,974 45,974 4.7W/o 1 elephone 40,208 40,208 4.161N) Travel 8,727 (45 1) A, C 8,276 0.86% Travel - Meals 16,053 (10,898) A 5,155 0.53`„ ExhibitD 2 of 3 Exhibit D Prime Consultant Cost Computations TranTech Engineering LLC Indirect Cost Rate Schedule For the Year Ended December 31, 2017 Description Financial Statement Amount TranTech Adj. Ref, Accepted Amount % Utilities 5,923 5,923 0.61 "No Total General Overhead `);1,113,312 (x112,672) $1,000,640 103.53% Total Indirect Costs & Overhead $1,554,638 ($116,418) $1,438,221 148.81% Indirect Cost Rate 160.8611, 148.81% TranTech Engineering LLC-' - Aecepled by KK 5/22/2018 "Indirect Cost Rule still subject to WSDOT Audi!" References TranTech Adjustments: A 1_odging, meal, and mileage rates in excess of federal travel regulation unallowable per 48 CFR 31205-46(x)(2). 11 Adjustment ($48,875) for reasonableness, per 48 CFR 31.201-3. C Public relations and advertising unallowable per 48 CFR 31.205-1, 1) Interest unallowable per 48 CFR 31.205-20- 1: ContribUtlOnS unallowable per 48 CFR 31.205-8. 1= Unallowable costs of ($5,435) idle capacity per 48 CFR 31.205-17(c). G Promotional marketing unallowable per 48 CF1Z 31.205-1 and 31.205-38. 11 Directly associated cost to unallowable advertising and publice relations labor and bonuS per 48 (F1Z 31.201-6(a). 2 Exhibit D 3of3 Exhibit E Sub -consultant Cost Computations Refer to section VI "Sub -Contracting" of this AGREEMENT. See attached Exhibits Agreement Number: Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0312912019 Page 1 of 1 Exhibit E Subconsultant Cost Computations E1: Landau Associates, Inc. E.2: Perteet, Inc. E.3: 1 Alliance, LLC EA: Transpo Group, Inc. . . . .......... . . . Exhibit E.1 City of Tukwila West Valley Highway (I AOI Strander Blvd.) Landau Associates, Inc. 1 2 3 4 5 B r 119 11 6 - S 6 S 4 Work Mok Elemerit0 Wm u1 W`V, n, "a 1 1 71 V,'1 ;r,0 Total Total RAW Total Total , ToM Total Total TdM Total iTotal S W1 Total TOW hrs his hrs Ws hrs hrs his hrs, tars bra menarate eiic Hurts — '00 ... . .. .............. — -------- Geotechnical Research 4 1 FwAl Expkc~s a.M La W,1101 �( Imilmg 12 14 S B 4 3 54% 42 Gentwrmac* Evwualon, Refxmj. arid Meetings 4 16 10 6 4 40 v"', Work Eloment 4.0 Total 6 16 22, 6 4 S4 $86007 $som 13$4% 6.00 Envii onriwalat Per mi Ili nq . . . . �4 5 05% S4, k1 �,4 g, 1 52 WSOOT NEP4 Caseganc!W Exdown Forrn 18 8 26 6-57% 5)B Hwar(Wus Maleaalo Untai Cofrovi 4 6 6 56 S�,l48 VVV 1414% 5 R3 iESIA) DOrqcal Aswssment (BA), (ER i� Eva4oIjon 40 1c) 10 4 64 5 11 $1 I 3f,t 16,16% 5 Cullurar Re"urces le 4 T45,7j-,:1A $,,, o r -A 364% 40 . . . . . .... . ....... . ... 52 13,13% S'1,1'1r5" 'yj $3 Q,5 S 5 38 5.7 vVetlanWNaterway De-ltnemon 4 20 2 26 657% 58 Okmrwamium 4 24 8 10 46 1 u 11,62% M Uwlm LnIt ndbAw—Psa. . ........................... . ............. 10) 110 2,539 4 28 ' tIM :� ilpl 707% . . . ...... . Work Etoment 5.0 Total . . . . . . . . . . . . . . . .................................................................. . . . ... .. 170 .. ..... 2.4 78 40 30 342 $W386 . ........... $W,386 86.36% . . . . . . ...................... . ...... EXPENSES . SALARY ESCALAI ION EPROJECT WOR RK ELEMENTS TOTALS S 170 40 ze 22 46 3439 _ :�G $66,7101 M6,710 100.001 Page 1 of 1 Exhibit EA City of Tukwila West Valley Highway (1-405/Strander Blvd.) Landau Associates, Inc. Landau Associates, Inc. Total $ 66,710 Page 1 of 1 Printed: 5/9/2019, 6:52 PM Total Hrs. 396 Direct $ Classification Hrs. x Rate = Cost 1 Principal 6 $ 80.29 $482 2 Senior Associate 170 $ 61.30 $10,421 3 Associate 0 $ 52.75 $0 4 Senior 40 $ 50.00 $2,000 5 Senior Project 0 $ 41.35 $0 6 Project 78 $ 37.31 $2,910 7 Senior Staff 22 $ 31.74 $698 8 Staff/Senior Technician II 0 $ 31.50 $0 9 Assistant/Senior Technician 1 0 $ 23.00 $0 10 Project Coordinator 46 $ 33.66 $1,548 11 CAD/GIS Technician 34 $ 39.00 $1,326 12 Technician 0 $ 20.00 $0 13 Support Staff 0 $ 2.5.61 $0 14 0 $0 Landau Associates, Inc. Total $ 66,710 Page 1 of 1 Printed: 5/9/2019, 6:52 PM Total Hrs. 396 Salary Cost $ 19,386 Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost $ 19,386 Overhead Cost @ 212.49% of Direct Labor $ 41,192 Net Fee @ 30.0% of Direct Labor $ 5,816 Total Overhead & Net Fee Cost $ 47,008 No. Unit Each Cost Direct Expenses -Geotechnical Mileage, Geotechnical 80 @ $0.58 /mile $ 46.40 Geotech lab testing 2 @ $100 $ 200.00 Direct Expenses -Geotechnical Subtotal $ 246.40 Direct Expenses -Environmental Mileage 120 @ $0.58 /mile $ 69.60 Direct Expenses -Environmental Subtotal $ 69.60 Subtotal $ 316 Landau Associates, Inc. Total $ 66,710 Page 1 of 1 Printed: 5/9/2019, 6:52 PM � Washington State WI/ Department of Transportation November 19, 2018 Landau Associates, Inc. 130 - 2nd Avenue South Edmonds, WA 98020 Subject: Acceptance FYE 20187 ICR — CPA Report Dear Mr. Dennis Hobbs: Transportation Building 310 Maple Park Avenue S. E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov Exhibit EA We have accepted your firms FYE 2018 Indirect Cost Rate (ICR) of 212.49% based on the "Independent CPA Report," prepared by T. Wayne Owens, CPA. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email con sultantrates &..wsdot.wa.eov. Regards; Jonson, Erik Nov 21 2018 10:05 PM cc I ERIK K. JONSON Manager, Consultant Services Office EKJ:rck Acceptance ICR CPA Report Exhibit E.1 LANDAU ASSOCIATES, INC. STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD FOR THE YEAR ENDED JUNE 30, 2018 % of Financial Stmt Unallowable Direct Description Expense Costs FAR RefTotal Proposed Labor Direct Labor $ 3,798,043 $ $ 3,798,043 INDIRECT COSTS Fringe Benefits: Vacation, sick, and holiday $ 701,541 $ $ 701,541 Retirement plan 584,875 (279,182) (1) 305,693 Employee group insurance 705,853 705,853 Incentive compensation 610,545 (13,188) (2) 597,357 Payroll taxes 578,222 (4,034) (3) 574,188 Workers compensation 30,789 30,789 Other employee benefits 78,726 (53,323) (2)(4) 25,403 Total Fringe Benefits !F---3-,290,551 $ (349,727) $ 2,940,824 77.43% Ge ne ra I Ove rhe a d: Indirect labor $ 2,695,011 $ (208,364) (4)(5)(6) $ 2,486,647 Accounting Fees 45,193 45,193 Ad\,ertising 16,853 (16,853) (4)(5) - Automobile expense 65,598 65,598 Bank charges 12,343 12,343 Contributions 19,528 (19,528) (6)(7) Depreciation and amortization 410,740 (20,448) (8) 390,292 Dues and professional licenses 78,398 (45,173) (4)(5)(8)(9) 33,225 Entertainment 9,509 (9,509) (4)(11) - Insurance 213,676 213,676 Interest 27,213 (27,213) (7) - Leased equipment 37,278 - 37,278 Meals expense 28,343 (403) (12)(13) 27,940 Office supplies and postage 295,913 (5,831) (2) 290,082 Professional services 163,106 163,106 Recruitment expense 15,715 15,715 Rent 764,351 764,351 Repairs and maintenance 49,322 - 49,322 Seminars and professional education 75,892 (174) (4) 75,718 Supplies 57,766 (385) (14) 57,381 Taxes (211,771) 471,180 (15) 259,409 Telecommunications 218,207 - 218,207 Travel 107,897 (3,931) (13)(16) 103,966 Recovery accounts (197,299) (197,299) Total General Overhead $ 4,998,782 $--.113,-.3 68 $ 5,112,150 134.60% Total Indirect Costs $ 8,289,333 $ (236,359)$ 8,052,974 212.03% Facilities Capital Cost of Money (FCCM) $ 17,392 0.46% See accompanying auditors' report and notes. 3 Exhibit E.1 LANDAU ASSOCIATES, INC. DESCRIPTION OF FAR REFERENCES AND AUDIT ADJUSTMENTS FOR THE YEAR ENDED JUNE 30, 2018 (1) 31.201-6 (a) Costs that are expressly unallowable or mutually agreed to be unallowable, including mutually agreed to be unallowable directly associated costs, shall be identified and excluded from any billing, claim, or proposal applicable to a Government contract. (2) 31.205-13 (b) Employee morale, health, welfare, food service, and dormitory costs and credits - Costs of gifts are unallowable. (3) 31.201-6 (a) Accounting for unallowable costs - When an unallowable cost is incurred, its directly associated costs are also unallowable. (4) 31.205-14 Entertainment costs - Costs of amusement, diversions, social activities, and any directly associated costs such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities are unallowable. (5) 31.205-1 (f) Public relations and advertising costs - Public relations and advertising costs designed to call favorable attention to the contractor and its activities is unallowable. (6) 31.205-6 (b) (2) Compensation for personal services - Compensation in excess of amounts determined to be reasonable are unallowable. (7) 31.205-20 Interest and other financial costs - Interest on borrowings (however represented) are unallowable, therefore, the credit was added back to the overhead pool. (8) 31.205-8 Contributions or donations - Contributions or donations are unallowable. (9) 31.205-22 (a) (1) Lobbying and political activity costs - Costs associated with attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or similar procedure, through in kind or cash contributions, endorsements, publicity, or similar activities are unallowable. (10) 31.205-49 Goodwill - Any costs for amortization, expensing, write-off, or write-down of goodwill (however represented) are unallowable. (11) 31.205-51 Costs of alcoholic beverages - Costs of alcoholic beverages are unallowable. (12) 31.201-2 (d) Determining allowability - Costs not supported with documentation are unallowable. (13) 31.205-46 (a) 2 Travel costs - Costs that exceed, on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations are unallowable. (14) 31.201-2 (a) (3) Determining allowability - Costs of a prior accounting period are unallowable. (15) 31.205-41 (b) (1) Taxes - Federal income and excess profits taxes are unallowable. (16) 31.202 Direct costs - Direct costs of the contract shall be charged directly to the contract, See accompanying auditors' report and notes. 4 V'PMvavwHvghvvay230 Cowiach,'210 FlrrVvv Hrrlhv"ay Fllopct lranTe&u Fee MAS1`ER2-1'Ot7tonted 5+9/2019 6 54 PM Exhibit E.2 City of Tuk'wila West Valley Hig!h'way (1-40SIStrander Ivd) Perteet, Inc, 0 M LU LU 'D Woik < w Elemem 0 Work Element a U) 0 UJ LU au vo 510 fiO "V, T a l ToW Total Total Total Total Toial Total Total Total Total hrs hrs hrs Ctrs laws hrs hrs hra hrs ,9.01 StarimwaterTIR 7- 2 24. 26 7,83% .91 92 SPtL A, sessniepC and Mapping 4 20 . . .... . ............ . 16 ....... . 40 �,14 12 0556 9 3 . .......... .. .. . 3-2. __ . ..... 36 . .............. . .... v �yv[ I ........ ..... Ter,HwM Irifn[m,Opan Report j1R), ---4 .... . ..... 9 ------ . ....... . .. .. .............. . 20 16 68 51 10 2" 12 4 'j 2 361% Work Element 6.0 Total 10 20 100 36 16 182 525,o$1 64,82% 10.0 Plans, Specifications and (Engineer's Estimate 101 30% Submittal _30 % Pwis Air ba rQ L andscap elry ri ptton DQotv* 14 24 16 2G 24 ge W ^ I 29,52% EEOC 4 6 4 I'l 16 5A2% 130% %)9116 ()��,Qc. 2 2 S�0�o 0,60% 10.2 60% Submittal _60% Plans a. 60% Spacificatons 60% Gk4c 16 4,82% 110.3 90% Submittal - -------- --- ------ - - 110%. planr, ....... — - - ---- - - -- -- --------- - �A)% specificatmis 16 4,82% 10.4 1001u'aSubmittal M5 Ad -Ready PS&E Woi* Element IQ T*tai 18 62 2 20 24 24 150 $24,374 45AM ....... . . ...... ­­­ .... ....... 1-11 EXPENSES ............... . ... .. ............ . . . . .................... SALARY ESCALATION PROJECT WO�RK ELEMENTS TOTALS . ........................... 2812 2 120 24 16 332 $49 60. 100,00% V'PMvavwHvghvvay230 Cowiach,'210 FlrrVvv Hrrlhv"ay Fllopct lranTe&u Fee MAS1`ER2-1'Ot7tonted 5+9/2019 6 54 PM City of Tukwila West Valley Highway (1-405/Strander Blvd.) Perteet. Inc. Exhibit E.2 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost Total Salary Cost Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost Total Hrs. 332 0% per year @ 0 year(s) 186.07% of Direct Labor 30.0% of Direct Labor Direct Expenses No. Reproduction Costs 90.00 Direct 1500 Reports Classification Hrs. x 40 Rate = Cost 1 Principal 0 $ 88.58 $0 2 Sr. Associate 28 $ 65.98 $1,847 3 Sr. Engineer/Manager 82 $ 64.38 $5,279 4 Lead Engineer/Manager 2 $ 60.10 $120 5 Engineer III 120 $ 40.80 $4,896 6 Engineer 11 60 $ 36.00 $2,160 7 Engineer 1 24 $ 30.50 $732 8 Lead Technician/Designer 16 $ 37 85 $606 9 Technician III 0 $ 33.80 $0 10 Technician II 0 $ 22.50 $0 11 Planner II 0 $ 39.18 $0 12 Accountant 0 $ 37.51 $0 13 Clerical 0 $ 26.88 $0 14 0 $0 15 0 $0 16 0 $0 17 0 $0 18 0 $0 19 0 $0 20 0 $0 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost Total Salary Cost Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost Total Hrs. 332 0% per year @ 0 year(s) 186.07% of Direct Labor 30.0% of Direct Labor Direct Expenses No. Reproduction Costs 90.00 Copies 1500 Reports - Plans 40 Parking 80.00 Mail/Deliveries/Fed Ex 6 Drilling Subcontractor Traffic Control Signage Rental $20 Field Expenses (Sample Bags, Cold Patch, Stak, Lab Testing $12.,000 Mileage 232 Subtotal Unit Each Cost pages @ $0.06 /page $ 90.00 reports @ $15 /report $ - sets @ $2 /set $ 80.00 @ $8 $ @ $20 $ 120.00 @ $12.,000 $ @ $300 $ @ $150 $ @ $4,500 $ - miles @ $0.580 /mile $ 134.56 $ 15,640 $0 $ 15,640 $ 29,102 $ 4,692 $ 33,794 $ 425 Perteet, Inc. Total $ 49,860 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Invoices will show employee's actual RAW labor rates, per contract Payment Provisions. (b) Classifications shown are for estimating purposes and not all-inclusive; the actual invoice will show our employee's specific labor classification. Page 1 of 1 Printed: 5/9/2019, 6:54 PM Aft Washington Department of Transportation June 13, 2018 Perteet, Inc. 2707 Colby Avenue, Suite 900 Everett, WA 98201 Exhibit E.2 Transportation Buitcling P.O.310 Mzip�o Park Avenue &E Box 4 7300 (-Ayrfipia, WA 98504 7300 p.T,"d: 'i -800-833-638B w+tww,,Ar, dot.vwa.gov Subject: Acceptance FYE 2017 ICR — Audit Office Review Dear Ms. Denice Moan: Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2017 Indirect Cost Rate (ICR) of 186.07% (rate includes 0.29% Facilities Capital Cost of Money). 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 agreei'nent/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel tree to contact our office at (360) 705-7019 or via email C011Sultanti-ates(cI, w sdol,'xa. r.t7V. Regards-, a, ,f i�ra.n..._..-.. t C(Y,,'�rt ERIK K. JONSON Manager, Consultant Services Office EKJ:rck Acceptance I(:'R Audit Off -ice Review Exhibit E.2 Certification of Final Indirect Costs Firm Name: Perteet Inc. Indirect Cost Rate Proposal: 186.07 Date of Proposal Preparation (mm/dd/yyyy): 05/25/2018 Fiscal Period Covered (mm/dd/yyyy to mm/dd/yyyy): 01/01/2017 to 12/31/2017 1, the undersigned, certify that 1 have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief.• 1.) All costs included in this proposal to establish final indirect cost rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48, Code of Federal Regulations (CFR), part 31. 2.) This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR 31. All known material transactions or events that have occurred affecting the firm's ownership, organization and indirect cost rates have been disclosed. f . d Signature:. Name of Certifying Official* (Print): Crystal L. Donner Title: President/CEO Date of Certification (mm/dd/yyyy): 05/25/2018 *The "Certifying Official' must be an individual executive or financial officer of the firm at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to represent the financial information utilized to establish the indirect cost rate for use under Agency contracts. Ref. FHWA Directive 4470.1A available on line at: htt�r://www.fhwa dotty„�ov/lec sre s/directi,yes/orders/44701 a µhtm O/H Certification; Nov 2010 Exhibit E.2 Perteet, Inc. Indirect Cost Rate Schedule For the Year Ended December 31, 2017 Financial Statement Accepted Description Amount Perteet Adj. WSDOT Adj. Ref. Amount % Direct Labor $3,520,054 $0 $0 $3,520,054 100.00% Fringe Benefits: Vacation, Sick, & Holiday Payroll Taxes Health Insurance Profit Sharing (401k) Profit Sharing (ESOP) Fringe Benefit Adjustment Total Fringe Benefits General Overhead: Employee Incentives/Bonuses Indirect Labor All Hours Offset Bid & Proposal Labor Auto Expense Bank & Service Fee Communications Computer Expenses Conferences & Meetings Copier Expense Depreciation - Book Basis Dues & Memberships Entertainment Insurance Licenses & Fees Meals Miscellaneous Outside Services Payroll & Benefit Processing Postage & Delivery Services Professional Services Recruiting Rent Repairs & Maintenance Reproduction Seminars & Training Staff Functions Subscriptions & Publications Supplies Travel & Lodging Advertising Bad Debt Expense Contributions Gifts Interest Sponsorships Taxes- Business & Property Gain (Loss) on Disposal of Assets Less: Offsets for Direct Costs Total General Overhead Total Overhead Costs Overhead Rate Facilities Cost of Capital Overhead Rate (Including FCCM) $823,776 $823,776 23.40% 537,834 537,834 15.28% 567,494 567,494 16.12% 273,050 273,050 7.76% 115,000 115,000 3.27% - (4,754) 0 (4,754) -0.14% $2,317,154 ($4,754) $0 $2,312,400 65.69% $109,686 ($18,560) 1,414,150 (33,424) (123,225) 833,983 (10,155) 133,583 (53,320) 2,037 (1,374) 138,713 293,713 20,806 (1,719) 78,927 146,558 27,591 (9,509) 18,106 (18,106) 118,312 4,201 26,135 (24,147) 124 44,599 (65) 13,703 5,363 92,978 (17,029) 2,055 754,966 (33,555) 570 1,805 33,130 (245) 22,781 (22,781) 9,041 47,265 (2,504) 39,262 (6,414) 1,332 (1,332) 99 (99) 10,111 (10,111) 2,493 (2,493) 19,873 (19,873) 6,900 (6,900) 239,083 (15,566) (54,354) $4,520,889 ($293,715) $0 $6,838,042 ($298,469) $0 194.26% 185.78% $10,101 $6,549,674 186.07% D $91,126 R 1,380,726 (123,225) A 823,828 B 80,263 C 664 138,713 293,713 R 19,087 78,927 146,558 E 18,082 F 118,312 4,201 G 1,988 124 G 44,533 13,703 5,363 T/V 75,949 2,055 P 721,411 570 1,805 L 32,885 9,041 Q 44,761 1 32,848 A K L M N 239,083 (15,566) (54,354) $4,227,173 $6,539,573 185.78% U $10,101 $6,549,674 186.07% 2.59% 39.22% -3,50% 23.40% 2.28% 0.02% 3.94% 8.34% 0.54% 2.24% 4.16% 0.51% 0.00% 3.36% 0.12% 0.06% 0.00% 1.27% 0.39% 0.15% 2.16% 0.06% 20,49% 0.02% 0.05% 0.93% 0.00% 0.26% 1.27% 0.93% 0.00% 0.00 0,00% 0,00% 0.00% 0.00% 6.79% -0.44% -1.54% 120.09% 185.78% 0.00% 0.29% Exhibit E.2 Perteet, Inc. Indirect Cost Rate Schedule For the Year Ended December 31, 2017 Financial Statement Accepted Description Amount Perteet Adj. WSDOT Adj. Ref. Amount % Perteet, Inc. - In Process "Overhead Rate still subject to WSDOT Audit" References Perteet Adjustments: A Advertising and Legal Expenses not allowed. 48CFR 31.205, 48CFR31.205-47 B Personal commute unallowable per 48 CFR 31.205-6(m)(2): $11,032 Auto allowance not allowable, Auto Allowances, $26,400 less $10,431 Company use portion Parking of personal vehicles unallowable per 48 CFR 31.205-6, $26,319 C Bank Interest and Fees for credit unallowable per 48 CFR 31.205-20 and 31.205-1S. D Anniversary Bonuses not performance based ($18,560); deemed unallowable per 48 CFR 31.205-6(f) E Lobbying costs unallowable per 48 CFR 31.205-22. F Entertainment costs unallowable per 48 CFR 31.205-14, G Local meals unallowable per 48 CFR 31.205-46(a)(2)(i) I Staff function expenses unallowed per 48 CFR 31.205-14 1 Travel Expense not allowed under FAR 31-205.46 K Contributions and event sponsorships unallowable per 48 CFR 31.205-8. L Gifts unallowable per 48 CFR 31.205-13(b). M Interest unallowable per 48 CFR 31.205-20. N Sponsorships for events whose purpose is not technical or stimulation of production is unallowed under 31.205-1(f)(3) 0 Fringe benefits associated with labor deemed unallowable per 48 CFR 31.201-6(a), P Sublease amount received for Seattle Office Space 48 CFR 31.201-5 Q Disposable Supplies CM and Survey supplies, party supplies unallowable 48 CFR 31.205-13 R Scholarship & Award Gala costs and labor unallowable per 48 CFR 31.201-2 and 31.205-14 Social activities costs and labor not allowed per 31.205-14 T Public Relations and Advertising costs unallowable per FAR 31.205-1 U FCCM Calculation per 48 CFR 31.205-10 V Legal Expenses not allowable per 48 CFR 31.204-47(b)(4) .... . ................ . . . . . . Exhibit City of Tukwila West Valley Highway (1-405)Strander Blvd,) i Alliance I W.,k Elomo-m —um of ToW Total Tout TPW Todol filet ToW TOW TMAA Total TOAM TPW ToOml TOW Total TaraN Total TOW Nv% tws Ni tn h. trs hrs tv* 'fin Mwm hm N% h.s to hft lug S HOW11 .............. PRO Ad— QA r�r m . . . . . 7 40 —2 $6 24 24 12 86 SC, f, 3 Vold 60 Is 2 38A0 10,02% $11" 15 0— & s.--M 4 -�4 q�s 1532% Wmk Elemem 9'o TOW Q a$ W 12 116 84 u 42..Q, 444 $51,711 I00% EXPENSE13 VALARY f; PROJECT W60K ELEMENTS TOTALS 1 12 0 16 12 116 94 84 4" lw"mq 1100.007 SAr2o No, s, 6 H "Im City of Tukwila West Valley Highway (1-405/Strander Blvd.) 1 Alliance Exhibit E.3 Classification Hrs. x Direct Rate = Cost Principal Surveyor 12 $ 90.75 $1,089 Senior Project Manager 66 $ 55.50 $3,663 Survey Project Manager 16 $ 5150 $856 Project Administrator 12 $ 45.00 $540 Project Surveyor 0 $ 45.00 $0 Instrumentation Specialist 0 $ 44.25 $0 CADD 5 0 $ 42.25 $0 CADD 4 116 $ 36.50 $4,234 CADD 1 0 $ 25.50 $0 Tech 5 84 $ 38.75 $3,255 Tech 4 0 $ 37.00 $0 Tech 3 84 $ 34.50 $2,898 Tech 2 0 $ 27.50 $0 Tech 1 42 $ 25.50 $1,071 Billing/Acct Coordinator 12 $ 31.50 $378 Asst. PM 0 $ 31.00 $0 Admin 0 $ 28.50 $0 Marketing Coordinator 0 $ 28.00 $0 0 $0 0 $0 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost Total Salary Cost Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost Direct Expenses Reproduction Costs Copies Reports Plans Parking Mail/Deliveries/Fed Ex Mileage Potholing -APS, Inc. Scanner Rental Traffic Control Total Hrs. 444 011% per year @ 0 year(s) 157.56% of Direct Labor 30.0% of Direct Labor No. Unit Each pages @ reports @ sets @ 300 miles @ 1 @ 1 2 -day rental @ days @ $0.06 /page $15 /report $2 /set $8 $20 $0.580 /mile $2,097.00 $4,000.00 $4,250.00 Cost $ 174.00 $ 2,097.00 $ 4,000.00 $ 17,984 $0 $ 17,984 $ 28,336 $ 5,395 $ 33,731 Subtotal $ 6,271 1 Alliance Total $ 57,986 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Invoices will show employee's actual RAW labor rates, per contract Payment Provisions. (b) Classifications shown are for estimating purposes and not all-inclusive, the actual invoice will show our employee's specific labor classification. Page 1 of 1 Printed: 5/9/2019, 6:56 PM Aft Washington DepartmentaTransportation July 24, 2018 I Alliance Geomatics 1261A - 120th Avenue NE Bellevue, WA 98005 Exhibit E.3 Teata sp-wrtation Building F�0. Box 4 7300 Uympk,i, WA 98504 7300 3670..705- 7000 TTY "1-800-833 -61388 wxw.wa' d(it.wa.gov Subject: Acceptance FYE 2017 ICR — Audit Office Review CORRECTION (FYE 2017) Dear Mr. Micael Paradis: Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2017 Indirect Cost Rate (ICR) of 157,56%. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for detennining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantratesCcr),wsdot,wa, Dov. Regards ERIK K. JONSON Manager, Consultant Services Office EKJ:rck Acceptance ICR Audit (Mice Re%icw City of Tulkwila . . ............... Exhibit EA West Valley Highway (1-4015IStrander Blvd,) Transpo Group, Inc. 3 4 F, 6 7 7 E < 0 CL 0 M Work Element Or Work Element w E E E- i1OU' W5' 1 CIL il . ... . .. . ................ . ......... Total Total Total ToW Total Total Tolal Total Total Total hrs leas has hrs hrs hvs hrs hrs Hour$ Work Element 6.0 Total' 7.0 Traffic Anatysls 7 1 Pedestrian Cros EvWuV�w 4 12 26,81% 72 Traffjr.,, ArWys�s ------- --- ....... . ....... . 18 645% 7 3 lec."hrmal Memorandum 4 2 8 8 22 966 7891% Work Ellemont 7.0 Total 14 18 40 20 pp 0 112 414,712 40,14% 1U Plans, Specifications and Engineet"s Estimate 10.1 30% Submittal 0% F%ns 4 O 12 40 56 ok 20,07% 10.2 60% Submittal 1t1,3 90%, submittal Nans 2 81 6� 26 9! 32% -9)% 0% 9 $ 1 1 2 4 S f1 1 43Nt 10.4 100% S Libmittal 10Q,", P'Jin"', ,? 9 16 26 s7,c 7 7 9,32% 100% soemficallon'.; I 1 1 2 4 1,43% 10.5 ASE -Ready PS&E Ad-Re�vly lIlans arod Sp rBiGa'W'r:+ta4" n 1 i 9^Q 5,02% Work Element 10.0 Total 15 44 108 1617 $21,591 59-86% - -- ----- — ------------ --- - - ---- --- - – - -------- - ----- . . . ....... ------ EXPENSES - - ------ ---- --- ------ S A LA R YE S C A L A T 1 0 N PROJECT WORK ELEMENTS TOTALS 29 18 44 40 128 20 279 $38 3041 100.00% City of Tukwila West Valley Highway (1-405/Strander Blvd.) Transco Group. Inc. Exhibit E.4 Subtotal $ 2,000 $ 38,304 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Invoices will show employee's actual RAW labor rates, per contract Payment Provisions. (b) Classifications shown are for estimating purposes and not all-inclusive; the actual invoice will show our employee's specific labor classification. Page 1 of 1 Printed: 5/9/2019, 6:57 PM Direct Classification Hrs. x Rate = Cost Engineer- Level 6 29 $ 58.65 $1,701 Engineer - Level 5 18 $ 54.81 $987 Engineer - Level 4 44 $ 48.80 $2,147 Engineer - Level 3 40 $ 41,59 $1,664 Engineer - Level 2 128 $ 38,22 $4,892 Engineer Level 1 20 $ 31 .97 $639 Project Admin - Level 4 0 $ 44.23 $0 0 $0 Total Hrs. 279 Salary Cost $ 12,030 Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost $ 12,030 Overhead Cost @ 171.78% of Direct Labor $ 20,665 Net Fee @ 30.0% of Direct Labor $ 3,609 Total Overhead & Net Fee Cost $ 24,274 Direct Expenses No. Unit Each Cost Reproduction Costs Copies 0 pages @ $0.06 /page $ - Reports 0 reports @ $15 /report $ - Plans 0 sets @ $2 /set $ - Parking 0 @ $8 $ - Traffic Counts 1 @ $2,000 $ 2,000.00 Mileage 0 miles @ $0.580 /mile $ - Subtotal $ 2,000 $ 38,304 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Invoices will show employee's actual RAW labor rates, per contract Payment Provisions. (b) Classifications shown are for estimating purposes and not all-inclusive; the actual invoice will show our employee's specific labor classification. Page 1 of 1 Printed: 5/9/2019, 6:57 PM Adw Washington of Transportation June 27, 2018 Transpo Group USA, Inc. 12131 113th Avenue NE, Suite 203 Kirkland, WA 98034 Exhibit EA Transportation BUildinq 310 %ap e Park Avenue S.F. dtly'rnpa, VVFk'w;f.?504 7300 330,]..705-7000 C 1`Y: 1-80 0-833-6388 #-7 ;388 www H,sdoLvrst.gov Subject: Acceptance FYE 2017 ICR— Risk Assessment Review Dear Sarah Brinkerhoff: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2017 ICR of 171.78% (rate includes 0.60% Facilities Capital Cost of Money). These rates are applicable to Washington Local Agency Contracts only. These rates may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates(i�,wsdot.wa.uov. Regards ERIK K. JONSON Manager, Consultant Services Office EKJ:rck Acceptance WR Audit Office R" iet�' Exhibit F Title V1 Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: I . 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. 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. Agreement Number: Exhibit F - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit G Certification Documents Exhibit G -1(a) Certification of Consultant Exhibit G -1(b) Certification of City of Tukwila 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 (1-4 Certificate of Current Cost or Pricing Data Agreement Number: Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit G -1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of TranTech Engineering, LLC whose address is 2646 RW Johnson Blvd. SW, Suite 112, Tumwater, WA 98512 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the Washington State Department of Transportaion and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. TranTech Engineering, LLC: Consultant (Firm Name) Signature uthorized 6fflc_IkQf ultapt ,,Z Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit G -1(b) Certification of Agency I hereby certify that I am the: ❑I Senior Program Manager ❑ Other of the City of Tukwila and the City of Tukwila or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind, except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. �l Signature Date Agreement Number: Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. TranTech Engineering, LLC Consultant (Firm Name) /w Signa thorized Official of ant) Date Agreement Number: Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. TranTech Engineering, LLC Consultant (Firm Name) Signatu uthorized Official of C�ul ) Date Agreement Number: Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of W Valley Hwy (1-405 to Strander Blvd.) * are accurate, complete, and current as of May 14, 2019 This certification includes the cost or pricing data supporting any advance AGREEMENT'S and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: TranTech Engineering, LLC" SignNwJ Date of Execution': Till e *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the clay, month, and year, when price negotiations were concluded and price AGRITMI-IN"1' was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: Exhibit G -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ 1 The CONSULTANT shall provide Professional Liability i ance with minimum per occurrence limits in the amount of $ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 1 of 1 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Pagel of 2 Step S Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: Exhibit i - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claims) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than S 1,000. If the consultant's claims) are a total of 51,000 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 claims) that total S 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 finding, 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. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0312912019 Pagel of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0312912019 Page 2 of 2