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Home My WebLink AboutTIC 2017-02-14 Item 2D - Agreement - Major Maintenance on 3 Bridges: Grady Way / Frank Zepp / Beacon Avenue Construction Management with David Evans and Associates ® Attan Ekberg,Mayor C"I ty of Tukwila• • Public Works Department-Bob Giberson,Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committ FROM: Bob Giberson, Public Works Director BY: Steve Carstens,Senior Program Manager CC: Mayor Ekberg DATE: February 10,2017 SUBJECT: Major Maintenance on 3 Bridges(Grady Way, Frank Zepp,and Beacon Ave) Project Nos.91510406, 91510407,and 91510408 Construction Management and Design Support(Construction Mgmt.)Service Contracts ISSUE Approve two (2)contracts with David Evans and Associates, Inc. (DEA). Contract 1 -Construction Management Design Support Supplement No. 3 to Contract#15-139 and Contract 2-a Construction Management(new)contract for CM services. BACKGROUND In July 2015,the City contracted with DEA to design the Major Maintenance on 3 Bridges Project. The City has completed the right-of-way certification,WSDOT has authorized construction grant funding, and the project will be advertised for construction bids in mid-February. City staff recently performed a construction management consultant selection process and three firms were interviewed. DEA was selected as the top candidate for the project due to their expertise, knowledge,and ability to provide the appropriately sized team for the three bridges.These contracts with DEA will provide construction management services for the duration of the construction project. Note:The City typically contracts with the Design consultant to provide on- call design support services during construction. ANALYSIS The grant covers 100%of the eligible project costs.The scope of work for each project requires the consultant to provide all field work, testing, inspection, and documentation. FISCAL IMPACT. The budget for construction management and design support are broken down as follows: S 180th/Frank Zepp Bridge Contract Cost Budget Construction Management(Contract 2) $240,490.87 $320,400.00 Design Support CM Supplement No.3(Contract 1) 68,887.95 . Grady Way Bridge Construction Management(Contract 2) 19,372.61 31,200.00 Design Support CM Supplement No.3 (Contract 1) 8,862.43 Beacon Avenue S Bridge Construction Management(Contract 2) 163,253.20 241,400.00 Design Support CM Supplement No. 3 (Contract 1) 60,659.84 Total $561,526.90 593 0 0.00 RECOMMENDATION Council is being asked to approve two contracts. Contract 1 -Supplement No. 3 to Contract No. 15-139 with David Evans and Associates in the amount of$138,410.22 and Contract 2-a new contract with DEA for construction management services in the amount of$423,116.68 for the Major Maintenance on 3 Bridges Project and consider these items on the Consent Agenda at the February 21,2017 Regular Meeting. Attachments: Page 12,2017 CIP Construction Management contract and supporting documents Design support Supplement No.3 and supporting documents WAPW Eng\PROJECTS\A-RW&RS Projects\Major Maintenance on 3 Bridges(91510406)\03 Consultant Selection\CM Selection\Info Memo DEA CM&Sup#3 021017-rrt-sm.docx 63 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 91510406 PROJECT: Major Maintenance on 3 Bridges 2015 Project Nos. 91510407 91510408 DESCRIPTION: Perform Seismic Retrofit, Deck and Joint Repair, and Bridge Painting work under the Local Agency Bridge Program on the Frank Zepp Bridge, Grady Way Bridge and the Beacon Avenue South Bridge. The three bridges were identified as good candidates for federal funding under the Local Agency Bridge JUSTIFICATION: Program administered by WSDOT. The proposed work will preserve the City owned infrastructure and extend the service lives of the bridges. STATUS: Federal grant funding was approved December 2014. Council budget amendment approved 8/3/15. MAINT. IMPACT: Maintenance needs will be reduced once these three major maintenance projects are completed. The three bridges were approved for grants under separate federal aid numbers but will be combined into COMMENT: one for the design&construction contract. Grant funding requires a 10% match for the design phase; projects that obtain construction authorization by 9/30/18 are eligible for 100% Federal construction funding. FINANCIAL Through Estimated in$000°s 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 421 445 866 Land (R/W) 0 Const. Mgmt. 300 293 593 Construction 2,886 1,003 3,889 TOTAL EXPENSES 421 445 3,186 1,296 0 0 0 0 0 5,348 FUND SOURCES Fed BRAC Grant 379 401 3,186 1,296 5,262 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 42 44 0 0 0 0 0 0 0 86 TOTAL SOURCES 421 445 3,186 1,296 0 0 0 0 0 5,348 riN%- jai if 9 64 2017-2022 Capital Improvement Program 12 Major Maintenance of 3 Bridges Frank Zepp BHM- 1274(009), Beacon BHOS- 1320(004), Grady BHM- 1288(005) Jacobs individual reviewer scores DEA individual reviewer scores Akana individual reviewer scores Max Score Topics Firm Structure 20 27 25 28 30 24 25 29 25 30 Project Manager 10 17 15 19 20 14 15 19 15 20 Team availability and schedule 5 7 5 10 10 8 5 9 7 10 presentation 10 17 12 20 20 18 20 19 16 20 response to questions 10 17 13 20 20 13 20 19 15 20 Totals 55 85 70 97 100 77 85 95 78 100 Average 70.00 91.33 86.00 From each category, maximum score is shown on far right. Consultant with highest score (out of 100) was selected as the winning firm. Review Staff: Steve Carstens, Scott Bates, Peter Lau. Selection Date: 12/19/16 Top Firm: DEA (David Evans and Associates, inc.) Selection Justification: the selected firm demonstrated relevant bridge experience, had the best /most appropriately sized team for the project, demonstrated intimate knowledge of the design, and has recent federal experience of similar sized structures. Based on the overall score /ranking, DEA prevailed. AMMOM v7Washington State APIDepartment of Transportation Supplemental Agreement Organization and Address Number 3 David Evans and Associates,Inc. Original Agreement Number 1115 West Bay Drive NW,Suite 301 Olympia,WA 98502 15-139 Phone: 360-705-2185 Project Number Fed. Aid Nos. Execution Date Completion Date BHM-1274(009)BHM-1288(005)BHOS-1320(004) July 23,2015 03/31/2018 Project Title New Maximum Amount Payable City of Tukwila-Major Maintenance of Three Bridges $874,147.22 Description of Work Construction Engineering Support Services for the Major Maintenance of Three Bridges project,as described in Exhibit A-1,Scope of Services. The Local Agency of City of Tukwila desires to supplement the agreement entered in to with David Evans and Associates,Inc. and executed on July 23,2015 and identified as Agreement No. 15-139 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: See Exhibit A-1,Scope of Services. I I Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: new completion date is 03/31/2018. III Section V, PAYMENT, shall be amended as follows: See Exhibit D,Prime Consultant Cost Computations. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By:Richard Hovde P.E. Associate By: ft t Signature Approving Authority Signature o l_ Date DOT Form 140-063 Revised 09/2005 66 Summary of Payments Agreement No.15-139 Basic Agreement Supplement#1 Supplement#2 Supplement#3 Total Direct Salary Cost 127,752.00 2,530.00 25,012.00 155,294.00 Overhead (Including Payroll Additives) 232,483.00 4,604.00 45,476.81 282,563.81 Direct Non-Salary Costs (includes Suhconsultant charges) 290,407.00 38,876.00 60,417.81 389,700.81 Fixed Fee 38,326.00 759.00 7,503.60 46,588.60 Management Reserve Fund 0.00 Total 688,968.00 46,769.00 0.00 138,410.22 874,147.22 Basic Agreement Supplement#1 Supplement#2 Supplement#3 Total Frank Zepp Bridge No. { 91510406.1000.100 343,368.00 46,769.00 date change only 68,887.$ 459,024.94 Grady Way Bridge No. 91510407.1000.100 96,539.00 0.00 8,862.43 105,401.43 Beacon Ave.S Bridge No. 91510408.1000.100 249,061.00 0.00 60,659.84 309,720.84 Total 1 688,968.00 0.00 138,410.22 874,147.22 67 EXHIBIT -1 CITY OF TUKWILA MAJOR MAINTENANCE ON THREE BRIDGES CONSTRUCTION ENGINE I G SUPPORT SERVICES Scope of Services Supplement No. Prepared by: David Evans and Associates, Inc. 415 118th Avenue SE Bellevue,WA 98005 FEBRUARY 2017 68 TABLE OF CONTENTS TASK 7.0 ASSISTANCE DURING BID PERIOD................................................................................................2 TASK 8.0 CONSTRUCTION ENGINEERING SUPPORT SERVICES...........................................................2 8.01 FRANK ZEPP(S 180TH STREET)CONSTRUCTION ENGINEERING SUPPORT SERVICES....................................2 8.01.01 Project Management-(DEA TASK)....................................................................................................................................2 8.01.02 Construction Office Support Services-Frank Zepp(TranTech)...........................................................................3 8.01.03 Construction Field Support Services(TranTech).........................................................................................................3 8.01.04 As-Built Record Drawings(TranTech)..............................................................................................................................4 8.02 BEACON AVENUE CONSTRUCTION ENGINEERING SUPPORT SERVICES...................................................................4 8.02.01 Project Management..................................................................................................................................................................4 8.02.02 Construction Office Support Services-Beacon Avenue............................................................................................5 8.02.03 Construction Field Support Services..................................................................................................................................5 8.02.04 As-Built Record Drawings-Beacon Avenue..................................................................................................................6 8.03 GRADY WAY CONSTRUCTION ENGINEERING SUPPORT SERVICES..............................................................................6 8.03.01 Project Management-Grady Way......................................................................................................................................6 8.03.02 Construction Office Support Services-Grady Way.....................................................................................................7 8.03.03 Construction Field Support Services..................................................................................................................................7 8.03.04 As-Built Record Drawings.......................................................................................................................................................7 City of Tukwila 2 Scope of Services Major Maintenance on Three Bridges,Construction Engineering Support Services February 1,2017 69 TASK 7.0 ASSISTANCE DURING BID PERIOD The deliverables in Task 7.0 are revised as follows: 1. Prepare responses up to 10 bidder questions and develop up to 1 bid document addendum 2. Review of contractor's unit bid proposal 3. Prepare Reference check forms 4. Prepare pre-award letter 5. Prepare Letter of recommendation to award bid The intent of Task 7.0 was to provide support during the project bid period; pre-construction meetings occur after the bid period. TASK 8.0 CONSTRUCTION ENGINEERING SUPPORT SERVICES This work element provides for engineering design support and load rating services during the construction phase of the project. David Evans and Associates, Inc. (DEA) is also providing Construction Management Support Services as part of a separate Agreement.The Construction Management Support Services will be referenced as"CM" in this Scope. m01 PRANK ZEPP (S 1 BOTH STREET) CONSTRUCTION ENGINEERING SUPPORT SERVICES 8.01®01 Project Maiiageinient—(D EA AS ) Direction of CONSULTANT staff and review of their work over the course of the project shall be provided. This work element includes preparing monthly progress reports that include the status of individual work elements, number of meetings attended,outstanding information required, and work items planned for the following month. Monitoring of CONSULTANT'S budget will occur over the course of the project. This work element is intended to help monitor costs and budgets,and to propose corrective actions.These actions may include formal requests for increases, modifications,or reductions in scope and/or budget. Drawings and documents received and generated over the course of the project require review, coordination,and file management.The status of requested information will be maintained. SUBCONSULTANT Coordination. The following SUBCONSULTANT is anticipated to be used on this PROJECT: o TranTech Engineering LLC—Bridge Engineering CONSULTANT shall provide direction of the SUBCONSULTANT over the course of the project. Monthly monitoring of SUBCONSULTANT's budget will occur overthe course of the project.Status and projections will be developed. This work element is intended to help monitor costs and budgets, and to propose corrective actions. These actions could include formal requests for increases, modifications,or reductions in scope and/or budget. City of Tukwila 2 Scope of Services Major Maintenance on Three Bridges,Construction Engineering Support Services February 1,2017 70 ® Monthly Invoices/Progress Reports Monthly invoices will be prepared by CONSULTANT for work activities for the prior month per AGENCY reporting requirements.These invoices shall also include SUBCONSULTANT work and will be accompanied by monthly progress reports. Invoices will include back-up material for all expenses and will show approved budget and amount expended to date. Deliverables: 1. Monthly invoices and progress reports(12 assumed,time split among all three bridges). 8.01.02 Construction Office Support Services-Frank Zepp T'r-anTech) The CONSULTANT shall provide Construction Office Support Services on an "on-call" basis at the CITY's request during the construction phase of the project. Construction Office Support Services may include the following: A. Pre-Construction Meetings: The CONSULTANT will attend one (1) pre-construction meeting. This may include the general pre-construction meeting with the prime contractor and subcontractors. B. Construction Meetings: The CONSULTANT will attend construction meetings as requested. This task assumes up to three (3) meetings attended by 2 to 3 staff depending on meeting agenda and Contractor's schedule of work. C. Review Selected Shop Drawings and Material Submittals: The CONSULTANT will review and recommend action on selected Contractor materials submittals, shop drawings, and material test reports as requested by the CITY. The effort for this task is for input/support of the review of shop drawings and materials submittals by the Contractor to the CITY. D. Requests for Information(RFIs): At the CITY's request,the CONSULTANT may be asked to provide assistance to the CITY in answering the Contractor's RFIs. E. Change Orders(COs):At the CITY's request,the CONSULTANT may be asked to provide assistance to the CITY in reviewing change order proposals, preparing independent change order cost estimate,and developing required information for COs.Work may include preparation of drawings and supporting information. F. Load Rating of Repaired Structure: The CONSULTANT will perform load rate calculations for the structure after work is completed and prepare a load rating report. Assumptions: 1. Material testing services are not included in this Scope of Work. 2. The CONSULTANT level of effort for Review of Shop Drawings, Material Submittals, RFI's and Change Orders is limited to hours shown in the fee proposal. Deliverables: 1. Shop drawing and material submittal reviews. 2. Responses to RFIs. 3. Drawings,calculations,and specifications required for change orders. 4. Load rating report and calculations. (hard copy and PDF copy with appropriate stamped, signed bridge rating summary sheet) 8.01.03 Construction Ftefrf Support Services (Tr•anTecfr) The CONSULTANT shall provide Construction Field Support Services on an "on-call" basis at the CITY's request during the construction phase of the project. City of Tukwila 3 Scope of Services Major Maintenance on Three Bridges,Construction Engineering Support Services February 1,2017 71 A. The CONSULTANT will assist the CITY with any requests where field construction modifications or additions require field investigation and the written recommendation of a professional engineer. This task assumed four(4)modifications or additions. B. The Pavement Engineer will provide on-call pavement assistance as requested by the CITY. It is anticipated that this may include engineering support related to excavations for full-depth pavement repairs. This task assumes one(1)field visit. C. Post Repair Inventory Inspection: The CONSULTANT will perform an inventory inspection of the bridge after repairs are completed and will update the WSBIS database with inspection findings. The CONSULTANT will prepare an inspection report with photographs, inspection findings and repair recommendations. Deliverables: 1. Drawings,sketches,field notes, calculations,engineer reports, and other records as required. 2. Post repair inventory inspection report. 3. Update of information into WSDOT's WSBIS Bridge Management System program. 8.01.04 As-Built Record Drawings TranTecln The CONSULTANT shall prepare as-built record drawings at the completion of the project. The CITY will provide Contractor-prepared marked-up drawings, inspector's field notes, and other available information. The CONSULTANT shall use these materials to prepare the as-built record drawings. As-built record drawings shall be prepared in accordance with the CITY's"As-built Record Drawing Requirements." Deliverables: 1. As-built Record Drawings for Engineering Review(11"x17" bond [1 copy]and electronic pdf) 2. As-built Record Drawings,full size set, per CITY requirements 8,02 BEACON AVENUE U CONSTRUCTION ENGINEERING SUPPORT SERVICES 0.02.01 Project Mannageirnent Direction of CONSULTANT staff and review of their work over the course of the project shall be provided. This work element includes preparing monthly progress reports that include the status of individual work elements, number of meetings attended, outstanding information required, and work items planned for the following month. Monitoring of CONSULTANT'S budget will occur over the course of the project. This work element is intended to help monitor costs and budgets,and to propose corrective actions.These actions may include formal requests for increases, modifications, or reductions in scope and/or budget. Drawings and documents received and generated over the course of the project require review, coordination, and file management.The status of requested information will be maintained. Monthly Invoices/Progress Reports A-Beacon Avenue Monthly invoices will be prepared by CONSULTANT for work activities for the prior month per AGENCY reporting requirements.These invoices shall also include SUBCONSULTANT work and will be accompanied by monthly progress reports. Invoices will include back-up material for all expenses and will show approved budget and amount expended to date. Deliverables: 1. Monthly invoices and progress reports(12 assumed,time split among all three bridges). City of Tukwila 4 Scope of Services Major Maintenance on Three Bridges,Construction Engineering Support Services February 1,2017 72 8.02.02 Construction Office Support Services—Beacon Avenue The CONSULTANT shall provide Construction Office Support Services on an "on-call" basis at the CITY's request during the construction phase of the project. Construction Office Support Services may include the following: A. Pre-Construction Meetings: The CONSULTANT will attend up to two (2) pre-construction meetings. These may include the general pre-construction meeting with the prime contractor and subcontractors, and also a pre-construction meeting that is dedicated to the discussion of curb ramp and sidewalk construction. The CONSULTANT will prepare a draft agenda and submit draft notes. The CONSULTANT shall finalize the meeting notes. B. Construction Meetings: The CONSULTANT will attend construction meetings as requested. This task assumes up to three(3)meetings. This task assumes that DEA's CM team will prepare meeting agendas, and finalize the draft meeting notes and distribute them. C. Review Selected Shop Drawings and Material Submittals: The CONSULTANT will review and recommend action on selected Contractor materials submittals, shop drawings, and material test reports as requested by the CITY. The effort for this task is for input/support of the review of shop drawings and materials submittals by the Contractor to the CITY. D. Requests for Information (RFIs): At the CITY's request, the CONSULTANT will review RFI's and provide assistance to the CITY in answering the Contractor's RFIs. E. Change Orders(COs):At the CITY's request,the CONSULTANT may be asked to provide assistance to the CITY in reviewing change order proposals and developing required information for COs.Work may include preparation of drawings and supporting information. F. Load Rating of Repaired Structure: The CONSULTANT will load rate the structure after work is completed and prepare a load rating report. Assumptions: 1. Material testing services are not included in this Scope of Work. 2. The CONSULTANT level of effort for Review of Shop Drawings, Material Submittals, RFI's and Change Orders is limited to hours shown in the fee proposal. Deliverables: 1. Draft meeting notes. 2. Shop drawing and material submittal reviews. 3. Responses to RFIs. 4. Drawings,calculations,and specifications required for change orders. 5. Load rating report and calculations. (hard copy and PDF copy with appropriate stamped, signed bridge rating summary sheet) 8.02.83 Construction n Field Support Services The CONSULTANT shall provide Construction Field Support Services on an "on-call" basis at the CITY's request during the construction phase of the project. A. Field Investigations: the CONSULTANT will assist the CITY with any requests where field construction modifications or additions require field investigation and the written recommendation of a professional engineer or surveyor. City of Tukwila S Scope of Services Major Maintenance on Three Bridges,Construction Engineering Support Services February 1,2017 73 B. Structural Inspections: 1. Inspection of Steel Superstructure: Following the asphalt deck removal, CONSULTANT will inspect the steel superstructure in order to evaluate the condition of the stringers and floorbeams that were not visible during earlier inspections. CONSULTANT will catalogue the locations where deficiencies exist and create a repair list.This task assumes (1)field visit. 2. Inventory Inspection, Post Construction: the CONSULTANT will perform an inventory inspection of the bridge after repairs are completed and will update the BridgeWorks database with inspection findings. The CONSULTANT will prepare an inspection report with photographs,inspection findings and repair recommendations.This task assumes(1)field visit. Deliverables: 1. Drawings,sketches,field notes, calculations,engineer reports, and other records as required. 2. Inspection memorandum and repair list for condition inspection of steel superstructure 3. Post construction inventory inspection report 8.02.04 As-Built Record Drawings•-Beacon Avenue The CONSULTANT shall prepare as-built record drawings at the completion of the project. DEA's CM team will provide contractor-prepared marked-up drawings, inspector's field notes, and other available information to CONSULTANT staff. The CONSULTANT shall use these materials to prepare the as-built record drawings. As-built record drawings shall be prepared in accordance with the CITY's "As-built Record Drawing Requirements." Deliverables: 1. As-built Record Drawings for Engineering Review(11"x17" bond [1 copy] and electronic pdf) 2. As-built Record Drawings,full set per CITY requirements 8.03 GWIDYWAY CONSTRUCTION ENGINEERING SUPPORT SERVICES 8.03.01 Project Ma.nagei ent—Grady Way Direction of CONSULTANT staff and review of their work over the course of the project shall be provided. This work element includes preparing monthly progress reports that include the status of individual work elements, number of meetings attended, outstanding information required, and work items planned for the following month. Monitoring of CONSULTANT'S budget will occur over the course of the project. This work element is intended to help monitor costs and budgets,and to propose corrective actions.These actions may include formal requests for increases, modifications, or reductions in scope and/or budget. Drawings and documents received and generated over the course of the project require review, coordination,and file management.The status of requested information will be maintained. Monthly invoices/Progress Reports Monthly invoices will be prepared by CONSULTANT for work activities for the prior month per AGENCY reporting requirements.These invoices shall also include SUBCONSULTANT work and will be accompanied by monthly progress reports. Invoices will include back-up material for all expenses and will show approved budget and amount expended to date. Deliverables: 1. Monthly invoices and progress reports(12 assumed,time split among all three bridges). City of Tukwila 6 Scope of Services Major Maintenance on Three Bridges,Construction Engineering Support Services February 1,2017 74 8.03.02 Construction Office Support Services—Grady Way The CONSULTANT shall provide Construction Office Support Services on an "on-call" basis at the CITY's request during the construction phase of the project. Construction Office Support Services may include the following: A. Pre-Construction Meetings: The CONSULTANT will attend up to two (2) pre-construction meetings. This may include the general pre-construction meeting with the prime contractor and subcontractors, and also a pre-construction meeting that is dedicated to the discussion of curb ramp and sidewalk construction. The CONSULTANT will prepare a draft agenda and submit draft notes. The CONSULTANT shall finalize the meeting notes. B. Construction Meetings: The CONSULTANT will attend construction meetings as requested. This task assumes three (3) meetings. This task assumes that DEA's CM team will prepare meeting agendas, and finalize the draft meeting notes and distribute them. C. Review Selected Shop Drawings and Material Submittals: The CONSULTANT will review and recommend action on selected Contractor materials submittals, shop drawings, and material test reports as requested by the CITY. The effort for this task is for input/support of the review of shop drawings and materials submittals by the Contractor to the CITY. D. Requests for Information(RFIs): At the CITY's request,the CONSULTANT may be asked to provide assistance in answering the Contractor's RFIs. E. Change Orders(COs):At the CITY's request,the CONSULTANT may be asked to provide assistance to the CITY in reviewing change order proposals and developing required information for COs.Work may include preparation of drawings and supporting information. Assumptions: 1. Material testing services are not included in this Scope of Work. 2. The CONSULTANT level of effort for Review of Shop Drawings, Material Submittals, RFI°s and Change Orders is limited to hours shown in the fee proposal. Deliverables: 1. Shop drawing and material submittal reviews. 2. Responses to RFIs. 3. Drawings,calculations,and specifications required for change orders. 8.03.03 Construction Field Support Services The CONSULTANT shall provide Construction Field Support Services on an "on-call" basis at the CITY's request during the construction phase of the project. A. Field Investigations: the CONSULTANT will assist the CITY with any requests where field construction modifications or additions require field investigation and the written recommendation of a professional engineer or surveyor. This task assumes one (1) modification or addition. Deliverables: 1. Drawings,sketches,field notes,calculations,engineer reports, and other records as required. 8.03.84 As-Built Record Drawings The CONSULTANT shall prepare as-built record drawings at the completion of the project. DEA's CM team will provide contractor-prepared marked-up drawings, inspector's field notes, and other available City of Tukwila 7 Scope of Services Major Maintenance on Three Bridges,Construction Engineering Support Services February 1,2017 75 information to CONSULTANT staff. The CONSULTANT shall use these materials to prepare the as-built record drawings. As-built record drawings shall be prepared in accordance with the CITY's "As-built Record Drawing Requirements." Deliverables: 1. As-built Record Drawings for Engineering Review(11"x17" bond [1 copy] and electronic pdf) 2. As-built Record Drawings,full set per CITY requirements GENERAL ASSUMPTIONS 1. The duration of Task 8.0 is assumed to be 12 months.Work performed beyond this duration may be considered Extra Work to be covered in a future supplement. City of Tukwila 8 Scope of Services Major Maintenance on Three Bridges,Construction Engineering Support Services February 1,2017 76 Exhibit Prime Consultant Cost Computations Supplement City mfTukwila Major Maintenance of Three Bridges, Construction Engineering Support Services ControutNo.15-139 Budget No. 104.98.595.800,$1.00 Summary of Construction Support(PE Support)Services Total Construction Support Services (PE Support) FEE FnanhZepp $68,887.94 Beacon Avenue $60,653'84 Grady Way $886243 TOTAL CONSTRUCTION SUPPORT $138,410'22 SERVICES (PE SUPPORT)ALL THREE BRIDGES 77 Exhibit 01 City of Tukwila Major Maintenance of Three Bridges, Construction Engineering Support Services FRANK ZEPP Contract No. 15 -139 Budget No. 104.98.595.800.41.00 David Evans and Associates, Inc. 2 3 11 13 17 Work Element # Work Element Project Manager (PM R) Executive Administrator (E)(AD) Senior Scientist (S:SCI) Survey Manager (SWM) Project Administrator (PADM) DEA ` DEA � �; ��LF�� r r ; RPH GAWI Gray Doug JMWI ,i. direct rates $66.00 38.00 $48.00 $65.00 $34.00 f ) i4 't u�. 1 4 j ? ''r „i� � gJ'"• �Qtalr ��I i^7 ��, �4t�� J �� '` � � .i ✓'i ��I v' 1Oe 1# 8.01 Construction Eng. Support Svcs, Frank Zepp 8.01.01 Project Management (DEA- includes construction mtgs) 20 6 4 6 20 $8,762 8.01.02 Office Support (see TranTech Hrs) 8.01.03 Field Support (see TranTech Hrs) 8.01.04 As -Built Record Drawings (see TranTech Hrs) a ` 3` ` '.,. {; 66 " Y J 3 r ✓ 1 . F Element OT ®dC Subconsultant Fee (TranTech) $59,900 EXPENSES �`'� �z $226 SALARY ESCALATION PROJECT WORK;ELEMENTS TOTALS , ` 2'0 6 4 6 ` ` 20 56 6 p $ 100 Exhibit D1 City of Tukwila Major Maintenance of Three Bridges, Construction Engineering Support Services FRANK ZEPP Contract No. 15-139 David Evans and Associates, Inc. Direct Classification Hrs. x Rate = Cost 1 Engineering Manager(ENGM) 0 $ 66.00 0.00 2 Project Manager(PMGR) 20 $ 66.00 1,320.00 3 Executive Administrator(EXAD) 6 $ 38.00 228.00 4 Managing Prof Engineer(MGPE) 0 $ 68.00 0.00 5 Professional Engineer(PFEN) 0 $ 44.00 0.00 6 Senior Bridge Engineer(SBEN) 0 $ 62.00 0.00 7 Bridge Engineer(BREN) 0 $ 47.00 0.00 8 Senior CADD Technician(SCAD) 0 $ 44.00 0.00 9 CADD Technician(CADD) 0 $ 30.00 0.00 10 Construction Manager(CONM) 0 $ 69.00 0.00 11 Senior Scientist(SSCI) 4 $ 48.00 192.00 12 Scientist(SCIT) 0 $ 34.00 0.00 13 Survey Manager(SVYM) 6 $ 65.00 390.00 14 Project Land Surveyor(PLSU) 0 $ 42.00 0.00 15 Instrument Person(INST) 0 $ 26.00 0.00 16 Administrative Assistant(ADMA) 0 $ 22.00 0.00 17 Project Administrator(PADM) 20 $ 34.00 680.00 18 0 0.00 Total Hrs. 56 Salary Cost 2,810.00 Salary Escalation Cost(estimated) Escalation-%of Labor Cost 0% per year @ 0 year(s) 0.00 Total Salary Cost 2,810.00 Overhead Cost @ 181.82% of Direct Labor 5,109.14 Net Fee @ 30.0% of Direct Labor 843.00 Total Overhead&Net Fee Cost 5,952.14 Direct Expenses No. Unit Each Cost Reproduction Costs Copies 200 pages @ $0.06 /page $ 12.00 Reports 0 reports @ $15 /report $ - Plans 0 sets @ $2 /set $ - Parking 0 @ $8 $ - P20 Scanner 0 @ $650 $ - Mileage 400 miles @ $0.535 /mile $ 214.00 Subtotal 226.00 Prime Compensation for Subconsultant Cost David Evans and Associates Total 8,988.14 Subconsultants - W/DBE 111159E Hrs Total Trantech, LLC 486 59,899.80 Total 0.0% 0.0% 0.0% 486 Subconsultant Total 0% 59,899.80 Direct Expenses Sub-Total(including Subconsultants) 60,125.80 Total Costs 68,887.94 Page 1 of 1 \\blvfsl\project\t\TUKA00000014\OOOOCON\0020Pre-ContractlSupplement 3\T313-Suppl.3-Fee DRAFT-3 Bridges-2017-01-11-Review MASTER.Winted:2/1/2017,8:33 AM 79 Exhibit El City of Tukwila Major Maintenance of Three Bridges,Construction Engineering Support Services FRANK ZEPP Contract No 15-139 Trantech,ILLC 1 2 3 4 5 a 7 a a 10 11 12 _g A Z5, O tx Work �2 Element# Work Element ce rante.h,LLC et T V,0.00 55090 $40M $37,00 T= direct rates: $69 8.01 Frank Zapp(180th Street)Construction Eng Support 8:111.(YI r"id Management(DEA Task) 8,01.02 Office Support Sewices Pre-Construction and Construction Meeting$ 16 4 4 2 2 4 2 4 Shop Drawing Review,RFrs and Charqia Orders 16 16 48 30 14 16 6 20 2 8 14 4 $23,530 Load Rathng of Repaired Structure 8 4 8 30 $5,545 8.01.03 Field Support Services Field Invashgations 8 8 16 8 4 4 4 16 4 16 8 4 $11,948 Post Repair Inventory Inspection a 4 8 $2,634 5, 8.01.04 As-Sulft Record Drawings 16 —1-6 16 2 32 2 at0 559 ,BCr'- 'S — -4 EXPENSES t -## __$228 SALARY ESCALATION T i I"-11 1 'tlS, ,44 44 ,48&!,' "'$59,9 100.00% _PROJECT WORK ELEMENTS TOTALS., S!�-42,,',-76, 2V'l Q_, 8,: 80 Exhibit E1 City of Tukwila Major Maintenance of Three Bridges, Construction Engineering Support Services FRANK ZEPP Contract No. 15-139 Trantech, LLC Direct Classification Hrs. x Rate = Cost 1 Project Manager 72 $ 59.00 $4,248 2 Senior Structural Engineer 52 $ 54.50 $2,834 3 Project Structural Engineer 92 $ 50.00 $4,600 4 Staff Structural Engineer 76 $ 36.00 $2,736 5 Senior Civil Engineer 20 $ 50.00 $1,000 6 Staff Civil Engineer 20 $ 30.00 $600 7 Senior Drainage Engineer 12 $ 50.00 $600 8 Senior Traffic Engineer 40 $ 50.00 $2,000 9 Senior CADD Technician 8 $ 40.00 $320 10 CADD Technician 56 $ 37.00 $2,072 11 Project Engineer 24 $ 36.00 $864 12 Administrative Assistant 14 $ 20.00 $280 Total Hrs. 486 Salary Cost $ 22,154 Salary Escalation Cost(estimated) Escalation-%of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost $ 22,154 Overhead Cost @ 140.85% of Direct Labor $ 31,204 Net Fee @ 28.5% of Direct Labor $ 6,314 Total Overhead&Net Fee Cost $ 37,518 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 10 @ $8 $ 80.00 Mail/Deliveries/Fed Ex 2 @ $20 $ 40.00 Mileage 200 miles @ $0.540 /mile $ 108.00 Subtotal $ 228 Trantech, LLC Total $ 59,900 Page 5 of 9 81 Exhibit E1 Certification of Final Indirect Costs TranTech, LLC Washln!gton State 'Transportation Building GAP Department of "a 310 Maple Par: Avenue S.F. RO.Bm 473,00 O ly a,.,'INA 385004-7300 Lynn Peterson 360-705-7000 February 10,2016 TranTech Engineering, LLC 1.2011 NE 1 st Street NE, Suite 305 Bellevue,WA 98005 Subject: Acceptance FYE 2015 ICR—Risk Assessment Review Dear Mr. Nikzad Khashayer : Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR),we have accepted your proposed FYE 2015 ICR of 140.85%. This ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate may be subject to additional review if considered necessary by WSDOT and will be applicable for: WSDOT Agreements ® Local Agency Contracts in Washington State only 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) 705-7104 or via email consultantrates c�wsdot_wa.tov. Regards; J N Manager, Consultant Services Office EKJ:rck Acceptance ICR Risk Assessment Review 82 Exhibit E1 Certification of Final Indirect Costs Wshinston State TranTech, LLC Department of Transportation Memorandum February 3,2016 TO: Erik Jonson,Contracting Services Manager FROM: Schatzie Harvey,Agreement Compliance Audit Mana er a SUBJECT: Tran Tech Engineering,LLC Indirect Cost Rate for Fiscal Year Ended December 31,2015 i We are accepting the Tran Tech Engineering proposed rate of 140.85%of direct labor for 1 the above referenced fiscal year based on our risk assessment process. Tran Tech Engineering provided a FHWA Certificate of Final Indirect Costs indicating all costs included in the indirect cost rate schedule are in compliance with Federal Acquisition Regulations(FAR),Subpart 31.We did not complete a review for this firm. Costs billed to agreements will still be subject to audit of actual costs,based on the terms and conditions of the respective agreement. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the Indirect Cost Rate. If you have any questions,feel free to call me at(360) 705-7006,or via email-at harveys wsdot.wa.gov cc: Steve McK.erney File i i f DOT Form 700.005 EF Revised 5199 83 Exhibit E1 Certification of Final Indirect Costs TranTech, LLC Certification of Final Indirect Costs Firm Name:TranTeoh Engineering LLC Indirect Cost Rate Proposal: 140,85% 7 Date of Proposal Preparation(mm/dd/yyyy): 1118/2016 Fiscal period Covered(mmldd/yyyy to mm/dd/yyyy):1t112ois to 1p139l2o15 1, the.undersigned, certify that i have reviewed the proposal to establish final Indirect cast rates for the fiscal period as specified above and to the best of my knowledge and beNef.• 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 of48 CPR 31. All known material transactions or events that have occurred affecting the firms ownership, organization and Indirect cost rates have been disclosed. Signature: ;' Name of Certifying Official*(Print):_ �� (, Title: — -s .ie Date of Certification(mtnidd/yyyy): A 8y *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. j Ref,FHVVA Directive 4470,1A available on line at: Irot1n:/Iwww.fhwa,drat.govfiegsrens/clirectiveslordersT41l7U°l a.l7irn 4/H Certification;Nov 2010 M Exhibit D2 City of Tukwila Major Maintenance of Three Bridges, Construction Engineering Support Services BEACON AVENUE Contract No.15 -139 Budget No. 104.98.595.800.41.00 2 4 6 7 8 11 13 17 David Evans and Associates, Inc. Work Element # Work Element DEA direct rates: MLF PDMO MCF Gray Doug i JMWI 66.00 $68.00 $62.00 $47.00 $44.00 $48.00 $65.00 $34.00 8.02 Construction Eng. Support Services, Beacon Avenue 8.02.01 8.02.02 Project Management 18 $5,613 Construction Office Support Services Pre - Construction and Construction Meetings 8.02.03 Shop Drawing Review, RFI's and Change Orders Load Rating of Repaired Structure Construction Field Support Services Field Investigations Structural Inspections 8.02.04 As -Built Record Drawings 20 2 t 20 0 20 10 20 $7,983 $10,346 $5,070 16 24 20 44 2 10 20 36 $5.794 $15,466 $10,215 PRIME COMPENSATION FOR SUB. COST EXPENSES SALARY ESCALATION OJECT WORK ELEMEII TOTALS 0 .00% Exhibit D2 City of Tukwila Major Maintenance of Three Bridges, Construction Engineering Support Services BEACON AVENUE Contract No.15-139 David Evans and Associates, Inc. Direct Classification Hrs. x Rate = Cost 1 Engineering Manager(ENGM) 0 $ 66.00 0.00 2 Project Manager(PMGR) 68 $ 66.00 4,488.00 3 Executive Administrator(EXAD) 0 $ 38.00 0.00 4 Managing Prof Engineer(MGPE) 10 $ 68.00 680.00 5 Professional Engineer(PFEN) 0 $ 44.00 0.00 6 Senior Bridge Engineer(SBEN) 80 $ 62.00 4,960.00 7 Bridge Engineer(BREN) 122 $ 47.00 5,734.00 8 Senior CADD Technician(SCAD) 36 $ 44.00 1,584.00 9 CADD Technician(CADD) 0 $ 30.00 0.00 10 Construction Manager(CONM) 0 $ 69.00 0.00 11 Senior Scientist(SSCI) 2 $ 48.00 96.00 12 Scientist(SCIT) 0 $ 34.00 0.00 13 Survey Manager(SVYM) 16 $ 65.00 1,040.00 14 Project Land Surveyor(PLSU) 0 $ 42.00 0.00 15 Instrument Person (INST) 0 $ 26.00 0.00 16 Administrative Assistant(ADMA) 0 $ 22,00 0.00 17 Project Administrator(PADM) 24 $ 34.00 816.00 Total Hrs. 358 Salary Cost 19,398.00 Salary Escalation Cost(estimated) Escalation-%of Labor Cost 0% per year @ 0 year(s) 0.00 Total Salary Cost 19,398.00 Overhead Cost @ 181.82% of Direct Labor 35,269.44 Net Fee @ 30.0% of Direct Labor 5,819.40 Total Overhead&Net Fee Cost 41,088.84 Direct Expenses No. Unit Each Cost Reproduction Costs Copies 200 pages @ $0.06 /page $ 12.00 Reports 0 reports @ $15 /report $ - Plans 0 sets @ $2 /set $ - Parking 0 @ $8 $ - P20 Scanner 0 @ $650 $ - Mileage 300 miles @ $0.535 /mile $ 160.50 Subtotal 173.00 Prime Compensation for Subconsultant Cost David Evans and Associates Total 60,659.84 Subconsultants W/DBE M/DBE Hrs Total Trantech, LLC 0 0.00 Total 0.0% 0.0% 0.0% 0 Subconsultant Total: 0% 0.00 Direct Expenses Sub-Total(including Subconsultants) 173.00 Total Costs 60,659.84 Page 1 of 1 \\blvfsllprojectlt\TUKA00000014\OOOOCON1002OPre-Contract\Supplement 3MB-Suppl.3-Fee DRAFT-3 Bridges-2017-01-11-Review MASTERAPrinted: 2/1/2017,8:37 AM 86 Exhibit D3 City of Tukwila Major Maintenance of Three Bridges, Construction Engineering Support Services GRADY WAY Contract No.15 -139 Budget No. 104.98.595.800.41.00 David Evans and Associates, Inc. 2 4 6 7 8 11 17 Work Element # Work Element direct rates: $66.00 $68.00 PDMO MCF Diana $62.00 $47.00 $44.00 Gray JMWI $48.00 $34.00 8.03 Construction Eng. Support Services, Grady Way 8.03.01 Pro ect Management 8.03.02 Office Support Pre - Construction and Construction Meetings Shop Drawing Review, RFI's and Change Orders 8.03.03 Construction Field Support Services 8.03.04 As -Built Record Drawings $352 $2;457 $440 $4.559 PRIME COMPENSATION FOR SUB. COST EXPENSES SALARY ESCALATION OJECT WO ENTS TOTAL Exhibit D3 City of Tukwila Major Maintenance of Three Bridges, Construction Engineering''Support Services GRADY WAY Contract No.15-139 GRADY WAY David Evans and Associates, Inc. Direct Classification Hrs. x Rate = Cost 1 Engineering Manager(ENGM) 0 $ 66.00 0.00 2 Project Manager(PMGR) 6 $ 66.00 396.00 3 Executive Administrator(EXAD) 0 $ 38.00 0.00 4 Managing Prof Engineer(MGPE) 5 $ 68.00 340.00 5 Professional Engineer(PFEN) 0 $ 44.00 0.00 6 Senior Bridge Engineer(SBEN) 7 $ 62.00 434.00 7 Bridge Engineer(BREN) 16 $ 47.00 752.00 8 Senior CADD Technician (SCAD) 14 $ 44.00 616.00 9 CADD Technician (CADD) 0 $ 30.00 0.00 10 Construction Manager(CONM) 0 $ 69.00 0.00 11 Senior Scientist(SSCI) 2 $ 48.00 96.00 12 Scientist(SCIT) 0 $ 34.00 0.00 13 Survey Manager(SVYM) 0 $ 65.00 0.00 14 Project Land Surveyor(PLSU) 0 $ 42.00 0.00 15 Instrument Person(INST) 0 $ 26.00 0.00 16 Administrative Assistant(ADMA) 0 $ 22.00 0.00 17 Project Administrator(PADM) 5 $ 34.00 170.00 Total Hrs. 55 Salary Cost 2,804.00 Salary Escalation Cost(estimated) Escalation-%of Labor Cost 0% per year @ 0 year(s) 0.00 Total Salary Cost 2,804.00 Overhead Cost @ 181.82% of Direct Labor 5,098.23 Net Fee @ 30.0% of Direct Labor 841.20 Total Overhead&Net Fee Cost 6,939.43 Direct Expenses No. Unit Each Cost Reproduction Costs Copies 200 pages @ $0.06 /page $ 12.00 Reports 0 reports @ $15 /report $ - Plans 0 sets @ $2 /set $ - Parking 0 @ $8 $ - P20 Scanner 0 @ $650 $ - Mileage 200 miles @ $0.535 /mile $ 107.00 Subtotal 119.00 Prime Compensation for Subconsultant Cost David Evans and Associates Total 8,862.43 Subconsultants - W/DBE M/DBE Hrs 'Total Trantech, LLC 0 0.00 Total 0.0% 0.0% 0.0% 0 Subconsultant Total 0% 0.00 Direct Expenses Sub-Total(including Subconsultants) 119.00 Total Costs 8,862.43 Page 1 of 1 \lblvfsll project\t1TUKA00000014\OOOOCON\002OPre-Contract\Supplement 3\T3B-Suppl.3-Fee DRAFT-3 Bridges-2017-01-11-Review MASTERrinted:2/1/2017, 8:40 AM 88 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS Washington state David Evans and Associates, Inc. Department of Transportation Memorandum May 19,2016 TO: Erik Jonson,Contracting Services Manager FROM: Schatzie Harvey,Agreement Compliance Audit Manager SUBJECT: David Evans&Associates,Inc. Indirect Cost Rate for Fiscal Year Ended October 31,2015 The Oregon Department of Transportation (ODOT)has concluded their cognizant review of David Evans&Associates for the above referenced fiscal year. ODOT is the Cognizant State for David Evans&Associates. As such, ODOT has performed its cognizant review and accepted the audit performed by Grant Thornton,LLP,with some minor exceptions. Based on ODOT's acceptance of the David Evans &Associates Indirect Cost Rate,we are issuing this memo establishing the David Evans&Associates rate for the fiscal year ended October 31,2015 at 181.82%of direct labor(rate includes 0.33%Facilities Cost of Capital). Costs billed to agreements will still be subject to audit of actual costs,based on the terms and conditions of the respective agreement. If you have any questions,feel free to call me at(360) 705-7006,or via email at harveys(t-0,wsdot.wa.aov i e i Attaclunent i cc: Steve McKerney j File j ; DOT Form 700.008 EF Revised 5/99 89 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. Certification of Final Indirect Costs Firm Name:David Evans and Associates,Inc. Indirect Cost Rate Proposal: 981,49 OH+.33 FCCM=984.82 Date of Proposal Preparation(mm/dd/yyyy):0412812016 Fiscal Period Covered(mm/dd/yyyy to mm/dd/yyyy): 11/2/20141014/3112015 1,the undersigned, certify that I 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. Signature:_ G----, 7 Name of Certifying Official*(Print):Ryan Randall Title: Controller Date of Certification(mm/dd/yyyy):05/19/2016 I I j *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: 11tto://www.fhwa.dol.cov/legsre.gs/directives/orders/4470*1a.htm I, tf1i li 01H Certification; Nov 2010 90 Exhibit D Prime Consultant Cost Computations t CERTIFICATION OF INDIRECT COSTS Inc { , j Department of Tz aiasportaEioo taal Seatiees—tncit Services n 355 Capital St.NE—MS52 to 9 hate Brown.Governor 5ateaaa,OR 9730I-2523 (503)986-3223 Atari!28,2016 ! Tile Board of Directors and Stocldaolders David Evans atai:I Associates, Inc.(DEA) t RE: David Evans and Associates, Inc.Schedule of indirect Coast Rate, : Fiscal Year Ended October 31,2015 a We have performed a cognizant review of documentation and the Working papers of your independent CPA ; firm, Grant Thornton(OT),of tlieir audit of tlae Schedule of Indirect Cost Rate for David Evans and Associate's (DEA)Fiscal Year Ender! October 31,2015 in accordance with our role as Cognizant Agetacy as defined in 23 U.S.C. 112(b)(2)(c)and 23 C>R 1723 and 172.7. Our cognizant review was performed in accordance with the AAS.HTO Review Program for CPA Audits of Consulting Engineers' Indirect Cost Rates. We were provided Willi a copy of OT's audit report dated January 28,2016,copies of their working papers and additional documentation front DEA. Based oil our review. we accepted the revised Schedule of Indirect Cost Rate and this letter of concurrence establishes DEA's Schedule of Indirect Cost Rate foa the fiscal year ended October 3l, 2015 at 181. 9°fe of direct labor and a Facilities Capital Cost of Money factor of 0.33%of direct label-. � 1 A copy of this letter will be forwaarded to the appropriate ODOT contracting offices. If you or any representative r ofDEA liasany questions,please contract tale at 503 986-3213 or Ruth Wit at 503 986-4003. S' a] ,. 1a Margar Cole,CP External Audit Manager Oregon Department of Transportation y CC. Marcus McGarity,ClsiefFin aneial Officer,David Evans and Associates,Inc. 1 Tony Parke,Partner,Grant Thornton t i � J fs; 3 , 91 Exhibit D Prime Consultant Cost Computations David Evans and Associates,Inc. CERTIFICATI0N ®F INDIRECT COSTS Statement of Direct Labor,Fringe Benefits,and General Overhead David Evans and Associates, Inc. For the Fiscal Year Ended October 31,2015 DEA only Proposed General Ledger Direct Disallowed Company Acct Number Description Account Balance Costs Costs wide DIRECT LABOR DIRECT LABOR $ 28,526,415 $28,526,415 $ $ 28,526,415 FRINGE BENEFITS $ 17,937,448 $ - $ (425,434) a,b $ 17,512,014 GENERAL OVERHEAD Indirect Labor $ 17,599,330 $ (442,582) $ (1,161,826)a,b,c $ 15,994,923 Occupancy $ 7,033,717 $ $ (566,009)d $ 6,467,708 Communications $ 823,801 $ $ (44,930) d $ 778,871 Supplies and NonCap Equipment $ 512,521 $ (182,429) $ f $ 330,092 Service Contracts $ 631,971 $ $ $ 631,971 Publications and Memberships $ 265,857 $ $ (350) e $ 265,507 Computer Hardware-NonCap $ 166,324 - $ 166,324 Computer Software-Noncap $ 611,675 $ 611,675 Computer Supplies $ 1,398 $ 1,398 Repairs&Maintenance $ 63,309 $ 63,309 Vehicle Expense $ 1,956,033 (459,555) (9,844) f,g $ 1,486,634 General and Administrative $ 727,861 $ $ (55,822)g,h $ 672;039 Public Relations $ 242,501 $ $ (242,501) b $ - Selling Expense $ 511,438 (19,814)g,h $ 491,624 Training Expense $ 345,003 $ $ (25,223)g,h $ 319,780 Employee Recruiting and Retention $ 579,696 $ $ (360,981) h,i $ 218,715 Professional Services $ 691,832 $ $ $ 691,832 Business Insurance $ 1,122,388 $ $ (6,694) $ 1,115,694 Taxes,Licenses and Fees $ 650,542 $ $ $ 650,542 Depreciation and Amortization $ 1,686,740 $ $ $ 1,686,740 Bad Debt Expense $ 110,076 $ $ (110,076) k $ - Contributions $ 192,554 $ $ (192,554) 1 $ Misc Expenses $ (6,017) $ (6,017) 401k Matching&ESOP Contribut $ - $ - Profit Sharing Expense(Bonus) $ 3,881,031 $ $ (449,841) a,t $ 3,431,190 Reserves and Settlements-Non Ops $ 324,122 $ (324,122) k $ - Interest Expense(net of Interest Income) $ 214,304 $ $ (214,384) m $ (80) Gain/Loss on Sale of Fixed Ass $ (28,107) $ (28,107) Dividend Income $ $ Deferred Compensation $ (146,246) $ $ - $ (146,246) Misc Other Income/Expense/Penalties $ (832) $ $ (556) n,o $ (1,388) Grp Med Insur Reimbursement $ - - $ Gain/Loss on Investments $ $ Rental Income-External $ (4,406) $ (4,406) Federal Income Tax $ 1,507,362 (1,507,362) p $ State Income Tax $ 284,704 (284,704) p $ Support Services Allocation $ (200,432) $ (200,432) TOTAL GENERAL OVERHEAD $ 41,850,184 $ (582,699) $ (5,577,593) $ 35,689,891 TOTAL INDIRECT COSTS&OVERHEAD RATE $ 59,787,632 $ (582,699) $ (6,003,027) $ 53,201,906 DIED Allocation(Home Office) $ 1,198,142 $ $ (434,191) (q) $ 763,952 DEA Corp Allocation to Onsite $ (2,437,484) $ $ 244,738 (r) $ (2,192,747) TOTAL AFTER ALLOCATIONS 58,548,289 (582,699) (6,192,480) 51,773,110 TOTAL INDIRECT COSTS&OVERHEAD RATE AFTER ALLOCATIONS 205.24% 181.49% FCCM(Facilities Capital Cost of Money) 0.33% COMBINED INDIRECT COSTS&OVERHEAD RATE 181.82% FAR References and Notes (a)31.205-6 and 31.201-4 Compensation and Allocability 92 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS (b)31.205-1 Public Relations Costs(including directly associated costs) David Evans and Associates, Inc. (c)31.205-6(p)Excess Executive Compensation (d)31.205-36&31.205-17 Rental Costs&Idle Facilities/Idle Capacity Costs(including directly associated costs) (e)31.205-14 Entertainment Costs (f)31.202:Excluded direct project costs(both billable&non billable costs)from indirect cost pool (g)31.205-46 Travel Costs (h)31.205-51 Costs of Alcoholic Beverages (1)31.205-13 Employee Morale (j)31.205-19 Insurance and Indemnification (k)31.205-3 Bad Debts (1)31.205-8 Contributions or Donations (m)31.205-20 Interest and Other Financial Costs (n)Miscellaneous Revenue (o)31.205-15 Fines,Penalties and Mischarging Costs (p)31.205-41 Taxes (q)See DEEI Office Allocatin Worksheet (r)See Corp Allocation DEA to Onsite (s)Remove Special Equip costs for use in Billable Equipment Rate (t)31.205-27 Organization Costs 93 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. David Evans and Associates,Inc. SCHEDULE OF INDIRECT COSTS Year ended October 31,2015 Direct Unallowable Costs Cost Costs Net of FAR Description Total Cost eliminations elminations elminations reference labor Burden: Holiday Pay $ 1,411,046 $ - $ - $ 1,411,046 Sick Pay 1,041,292 - - 1,041,292 Vacation Paid 3,650,381 - - 3,650,381 - Termination/Severance 58,837 - - 58,837 New Employee Signing Pay 80,679 - (80,679) - 15 Vacation Accrual (858,064) - - (858,064) Vacation Cash Out 658,940 - - 658,940 DOL Compliance Labor 55,545 - - 55,545 PTO 203,260 203,260 Group Medical 5,416,091 - - 5,416,091 - Group Life Ins 23,088 - - 23,088 Workers'Comp Ins. 269,727 - - 269,727 FICA&PR Taxes 3,781,014 - - 3,781,014 SUTA&State PR Taxes 763,004 - - 763,004 Union Benefits 705,196 - - 705,196 Civic Duty Labor 20,876 - - 20,876 Officer Supp Comp 577,538 - - .577,538 Other Payroll Related Costs 79,000 - - 79,000 - Public Relations Calculated Fringe Elimination (344,755) (344,755) 1 FRINGE BENEFITS 17,937,448 (425,434) 17,512,014 GENERAL OVERHEAD Indirect Labot 18,460,494 (449,653) (1,115,646) 16,895,194 1,9 Salary Variance (861,163) 7,071 41,912 (812,180) 1 Occupancy 7,033,717 - (566,009) 6,467,708 10,16 Communications 823,801 - (44,930) 778,871 16 Equipment (501,867) 501,867 - - Supplles 512,521 (182,429) - 330,092 18 Service Contracts 631,971 - - 631,971 Publications and Memberships 265,857 - (350) 265,507 12 Computer and Printer Costs 842,706 - - 842,706 Vehicle Expense 1,956,033 (459,555) (9,844) 1,486,634 4,17 General and Administrative _ 727,861 - (54,887) 672,974 3,4 Public Relations 242,501 - (242,501) - 1 Selling Expense 511,438 -- (19,029) 492,410 3,4,12 Training Expense 345,003 - (24,720) 320,282 3,4 Employee Recruiting and Retention 579,696 - (360,981) 218,715 2,3 Professional Services 691,832 - - 691,832 Business Insurance 1,122,388 - ` (6,694) 1,115,694 7 Taxes,Licenses and Fees 650,542 - - 650,542 Depreciation and Amortization 1,686,740 - - 1,686,740 Bad Debt Expense 110,076 - (110,076) - 6 Contributions 192,554 - (192,554) - 5 Misc Expenses (6,017) - - (6,017) Profit Sharing Expense 774,684 - (449,841) 324,843 8 401K and ESOP Contributions 3,106,347 - - 3,106,347 Reserves and Settlements 324,122 - (324,122) - 6 Interest Expense 210,658 - (210,658) - 11 Discounts Taken (80) - - (80) Finance Charges 3,727 - (3,727) - 11 Gain/Loss on Sale of Fixed Assets (28,107) - - (28,107) Deferred Compensation (146246) - - (146246) Mae Other Income/Expense (832) - (556) (1,388) 14 Rental kicome-External (4,406) - (4,406) Income Taxes 1;792,066 - (1,792,066) - 13 Support Services Allocation (200,432) (200,432) Total General Overhead Expense 41,850,184 (582,699) (5,487,279) 35,780,205 Labor Burden and General Overhead Expense Before Allocation $59,787,632 $ (582,699) $(5,912,713) $53,292220 DEEI Allocation(Home Office) 1,198,142 - (434,191) 763,952 1,3,5,7 DEA Corp Allocation to Onsite (2,437,484) 241,056 (2,196.429) abor Burden and General Overhead Expense $58,548289 $ (582,699) _j(6,105,848) $51,859,743 Direct Labor 28,526,415 28,526,415 Overhead Expense Rate 205.24% 181.80% Facilities Capital Cost of Money Rate 0.33% Combined Overhead Expense and Facilities Capital Cost of Money Rate 182.13% The accompan3dng notes are an integral part of this schedule. 5 94 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inca David Frans and Associates,Inc. Cv0=fN1F_NTS CAN SCHEDULE OF INDIRECT COSTS Year ended October 31,2015 1. Public Relations and Advertising-FAR 31.205-1 2. Employee morale-FAR 31.205-13 3. Alcohol-FAR 31.205-51 4. Excess travel costs-FAR 31.205-46 5. Contributions or donations-FAR 31.205-8 r 6. Bud debt-FAR 31.205-3 a Officers'life.insurance- FAR 31.205-19 r 8. Bonuses paid not in accordance with established plan-FAR 31.205-6(t) r 9. Compensation for personal services-FAR 31.205--6(p) 10. Gains on sale of capital assets-EAR 31205-16 r 11. Interest and other financial costs-FAR 31.2(}5-20 a� 12. Entertainment-FAR 31.205-14 11 Income taxes-FAR 31.205-41 s 14. Fines,penalties and mischatging costs-FAR 31.205-15 15. Signing bonuses-FAR 31.205-6(f)and FAR 31.201-4 16. Rent,idle facilities and idle capacity costs(including directly associated costs)- FAR 31-205-36,FAR 31.205-17 1?. Personal mileage expenses-FAR 31.205-46 ■ 18. Excluded direct project costs(both billable and non billable)from indirect cost pool-FAR 31.202 The accompanying notes are an integral part of this schedule. 6 95 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates,InDavid Evans and Associates, Inc. NOTES TO SCHEDULE OF INDIRECT COSTS-CONTINUED October 31,2015 NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES,Continued Pension Plans The Company has a 401(k)pension plan,meeting the requirements of FAR 31.205-60),to which it makes annual contribution at the discretion of the board of directors. The amount of the Company's 401(k) contribution included in the overhead pool for the current year was$1,242,604 Facilities Capital Cost of Money(FCCM) The cost-of-money rate has been calculated in accordance with FAR 31.205-10,using average net book values of equipment and facilities multiplied by the average treasury rate for the applicable period. Equipment and facilities include furniture and fixtures, computer equipment, vehicles and leasehold improvements. The numbers represented below relate only to the DEA division. The calculation was made as follows: Net book value of fixed assets $4,313,867 Average treasury rate 2.19% Computed facilities capital 94,258 Direct labor base 28,524,415 Cost of money rate: 0.330% NOTE 2-FEDERAL ACQUISITION REGULATIONS ELIMINATIONS Public Relations and Advertising Certain costs incurred for public relations and advertising were eliminated from the schedule of indirect costs pursuant to FAR section 31.205-1. The costs are comprised of$931,708 of non-project labor, $344,755 of payroll taxes and fringe benefits related to public relations,and$242,501 of public relations and advertising expenses. Travel and Entertainment The schedule of indirect costs includes an elimination of $117,285 for travel specifically related to entertainment,alcohol expenses,and excess travel costs which are disallowed pursuant to FAR sections 31.205-14,31.205-51,and 31.205-46,respectively. Executive Compensation The Company evaluates compensation paid to senior executives to ensure any excess of FAR 31.205-6(p') is not included in the overhead rate. The Company compares executive compensation against a comparable benchmark in accordance with the American Association of State Highway and Transportation Officials ("AASHTO") Accounting Guide.Based on this comparison,the amount of$183,938 was disallowed in the Schedule of Indirect Costs. 8 96 Local Agency A&E Professional Services Cost is Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): David Evans and Associates, Inc. Address Federal Aid Number 1115 W.Bay Dr.NW, Ste. 301 Olympia WA 98502 BHM-1274(009) BHM-1288(005) BHOS-1320(004) UBI Number Federal TIN or SSN Number 600 227 608 Execution Date Completion Date 12/31/2017 1099 Form Required Federal Participation Q Yes Q No [Z] Yes E] No Project Title Major Maintenance of Three Bridges, Construction Management Services Description of Work Construction Management Services for the Major Maintenance of Three Bridges project. 0 Yes 0 No DBE Participation Total Amount Authorized: 423,116.68 Yes 0 No MBE Participation Management Reserve Fund: Yes Q No WBE Participation o Maximum Amount Payable: 423,116.68 0 Yes 7.8% Q No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents a Mauuidy 1113u1a1J%. ...use use. Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 311112016 97 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 9 hereinafter called the "AGENCY," and the"Firm/Organization Name"referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the"SERVICES;"and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof,the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 311112016 98 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 fine they must comply with the Commercial Useful Function (CUF)regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required,that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. 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: Steve Carstens, P.E. Name: Mo Sheikhizadeh,P.E. Agency: City of Tukwila Agency: David Evans and Associates, Inc. Address: 6300 Southcenter Blvd Ste 100 Address: 1115 West Bay Drive NW, Suite 301 City: Tukwila State: WA Zip: 98188 City: Olympia State: WA Zip: 98502 Email: steve.carstens@tukwila.wa.gov Email: mxsh@deainc.com Phone: 206-431-2446 ext. 1646 Phone: 360-888-7551 (c) 360-628-5005 (o) Facsimile: Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall 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 Agreement Page 3 of 14 Revised 311112016 99 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D"and"E"and by this reference made part of this AGREEMENT. A. Actual Costs:Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 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: ConsultantRates@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. These charges may include, but are not limited to,the following items: travel,printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs(excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and revisions thereto. Air,train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR)Part 31.205-46 "Travel Costs."The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 311112016 100 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$100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required 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 311112016 101 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 making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion,to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 311112016 102 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 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged 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 311112016 103 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." L 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 parry 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 311112016 104 XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes,regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington(STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY,their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is 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 311112016 105 Unless otherwise specified in this AGREEMENT,the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for:proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. 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: Steve Carstens, P.E. Agency: City of Tukwila Address: 6300 Southcenter Boulevard, Suite 100 City: Tukwila State: WA Zip: 98188 Email: steve.carstens @tukwila.wa.gov Phone: 206-431-2446 ext. 1646 Facsimile: No cancellation of the foregoing policies shall be effective without thirty(30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX"Termination of Agreement"of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 311112016 106 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. VI. Certification of the Consultant and the Agency Attached hereto as Exhibit"G-I(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 311112016 107 VII. 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 311112016 108 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 CONSUL'T'ANT 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 AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 311112016 109 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. February 1, 2017 Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 311112016 110 Exhibit A City of Tukwila Major Maintenance of Three Bridges Construction Management Services SCOPE OF SERVICES This Scope of Services (SCOPE)provides construction management Major Maintenance of Three Bridges project(PROJECT) during construction. Project Description, Scope of Services, and Duration of Contract Project Description The work included within this SCOPE is for David Evans and Associates, Inc. (CONSULTANT) to provide construction management services to the City of Tukwila (AGENCY) for THE PROJECT. This work includes rehabilitation of Frank Zepp and Beacon Avenue Bridges and seismic retrofit of the Grady Way Bridge. Scope of Services The CONSULTANT will provide construction management services during the construction phase of the PROJECT. These services shall include preparation of a record of materials (ROM) list, supplementing AGENCY with a resident engineer (RE), a construction inspector- (CI), contract documentation staff, WSDOT shop inspection, and materials sampling and testing services. Duration of Contract The construction contract duration is assumed to be 150 working days at 9 hours/day for the Construction Inspector. Work beyond the time frame mentioned above would be considered Extra Work as a supplement to this agreement. Section 1.0 Frank Zepp Construction Management Services 1.1 Resident Engineering Construction Management Services The CONSULTANT shall provide a resident engineer (RE) for the duration of the contract to the AGENCY. The RE oversees construction activities and provides supervision over inspection, contract changes, project documentation, contract schedule, contract disputes, WSDOT inspection coordination, and material sampling and testing. The RE reports directly to the AGENCY Project Manager. The RE will perform tasks as described below: 1.1.1 Pre-construction Meeting • Attend pre-construction meeting,prepare agenda, lead the meeting, and provide meeting notes. Davide Evans and Associates,Inc. 1 Scope of Services Major Maintenance of Three Bridges,Construction Management Services January 31,2017 111 1.1.2 Coordination and Management of Subconsultant • Coordinate and manage subconsultants. 1.1.3 Daily Oversight of Construction Activities • Coordinate responses to contractor's Requests for Information(RFIs)(up to 10 RFIs total) • Provide draft responses to contractor RFI's for approval by the AGENCY • Oversee construction activities for compliance with the Contract • Monitor Contractor's activities for compliance with all regulatory, environmental,permit and material requirements, including: (Noted in IDR) • NPDES Construction Permit(TESC and water quality requirements) • ROM requirements • Adherence(or non-adherence)to HPA permit(Frank Zepp) • Assist AGENCY in the documentation and investigation of malfunctions, failures, or accidents that may occur during construction. (Noted in IDR) • Review CI's Inspector's Daily Reports(IDRs) • Direct Contractor to promptly rectify any non-conforming work observed. • Communicate with the AGENCY PM weekly or as needed • Site visits for quality assurance compliance • Provide direct supervision over DEA's construction management personnel including the Cl, materials sampling and testing personnel,and design support. • Maintain construction files using a format provided by AGENCY. 1.1.4 Review of Field Note Records (FNRs), Progress Estimates, and Invoicing • Review FNRs,monthly progress estimates and invoicing 1.1.5 Weekly Contractor Meetings • Prepare agenda and meeting notes and conduct weekly contractor meetings 1.1.6 Submittal Reviews and Management • Review contractor submittals and responses to the contractor for contract compliance • Identify any change to the Contract • Prepare substantial completion and close out documentation as requested. This can include: • Orderly transfer of field records and documents, including as-built drawings and specifications. • Resolution of outstanding contractual issues e.g. changes or claims. • Assessment of liquidated damages,if any. • Contractor's final payment. • Document as-constructed conditions of the project for the eventual creation of the As-Built Record Drawing. The Construction Contractor shall furnish a red-lined plan set to AGENCY at the completion of the project; and the Consultant shall weekly verify the accuracy of the Contractor's As-Built Record Drawings during construction. Davide Evans and Associates,Inc. 2 Scope of Services Major Maintenance of Three Bridges,Construction Management Services January 31,2017 112 • Respond and record decisions to questions which may arise regarding the quality,quantity and acceptability of material furnished,work performed, and rate of progress of work performed by Contractor. (Noted in IDR) 1.1.7 Coordination and Responses to the Contractor and Utilities • Coordinate with Engineers of Record,Reviews and provide responses to Contractor's RFI's(up to 10 total) • Actively confirm Contractor's coordination of construction activities with adjacent property owners,businesses, utilities and other agencies through review of the required Project Schedule and notice forms. • Facilitate utility coordination for existing and new utility improvements. • Punch list. Upon substantial completion of work, coordinate with AGENCY and other affected agencies,to perform a project inspection and develop a`punch list' of items to be completed. 1.1.8 Change Order Management and Coordination • Manage contract risks and disputes • Review and make recommendations on change orders, includes review of contractors cost proposal. • Evaluate and manage changes to the contract and oversee change order preparation with the AGENCY's approval. • Assist in claim evaluation at AGENCY's request • Issue Correction Notices and Stop work Notices when appropriate and as approved by the AGENCY. • Track Change Orders and Force Account activities for appropriate reimbursement and Time Impact Analysis. (Noted in IDR) 1.1.9 Review and Monitoring of Schedule • Monitor Contractor's schedule and requests requires updating Deliverables: As identified in 1.1.1 to 1.1.9 above. Assumptions: The AGENCY will provide timely direction to the RE for contract changes and risk management. Number of dispute management cases and change orders is assumed to be a total of three under $50K each. 1.2 Field Inspection for Quality Control The CONSULTANT shall provide an on-site construction inspector (CI) to the AGENCY for construction management and inspection services for the PROJECT. In addition, an expert field inspector shall be provided during painting and an expert inspector shall observe the polyester deck overlay during placement. The Cl will perforn tasks as described below: Davide Evans and Associates,Inc. 3 Scope of Services Major Maintenance of Three Bridges,Construction Management Services January 31,2017 113 1.2.1 Contract Documents Review • Review contract documents prior to pre-construction meeting. 1.2.2 Pre-construction Meeting • Attend Pre-construction meeting. 1.2.3 Daily Site Observation • Photograph daily construction progress; • Serve as primary project contact for the Contractor; • Attend Contractor's safety meetings; • Coordinate with utilities; • Field verify materials delivered to the site; • Provide field directives as required with prior approval by AGENCY • Communicate with stakeholders; • Manage quality assurance; • Coordinate materials sampling and testing with sub-consultant; • Act as daily contact with the Contractor; • Conduct field inspection and prepare daily inspection reports(IDRs); • Conduct wage interviews; • Maintain Field Note Records for pay quantities and submit monthly summary to the AGENCY for pay requests; • Coordinate engineering support services as needed; • Prepare punch list(s); • Inform the RE and AGENCY PM immediately of any potential changes to the contract(Cl will have no approval authority for contract changes); • Track prevailing wages; and • Monitor the site for environmental compliance and BMPs. 1.2.4 Special Inspection (TranTech) • Polyester overlay inspection will be conducted by specialized inspectors: • Paint inspection will be conducted by specialized inspectors. Deliverables As described above 1.2.1-1.2.4 Assumptions The AGENCY will provide the following: • AGENCY PM or representative attends weekly meetings; • Prepare and process pay requests from quantities received from the Cl; • AGENCY retains full approval authority for contract changes. 1.3 Contract Documentation The CONSULTANT shall provide a documentation coordinator for compliance with federally funded project. Davide Evans and Associates,Inc. 4 Scope of Services Major Maintenance of Three Bridges,Construction Management Services January 31,2017 114 1.3.1 Documentation Coordination The documentation coordinator will perform the following tasks: • Daily filing of IDRs; • Administration of contractor sublets and approval; • Submittal log development and tracking; • ROM maintenance; • Preparation of monthly progress payments; • Monitors use of foreign steel; • Prepares change orders under RE's supervision; • Document contractors certified payrolls. • Maintain construction files using a format provided by AGENCY. 1.3.2 ROM Development • The CONSULTANT shall prepare a Record of Materials(ROM) for the PROJECT for use during construction by the AGENCY. The ROM will be submitted to WSDOT. The ROM will follow the format provided by WSDOT. 1.4 Materials Sampling and Testing Materials inspection and testing will be provided by the CONSULTANT's subconsultant Mayes Testing Engineers Inc. (MTE). MTE's laboratories are in full confonnance with ASTM E-329 "Recommended Practice for Independent Testing & Inspection Agencies." All personnel are under direct supervision of Washington State and Oregon State Registered Professional Engineers as required by E-329. Also, as required by ASTM E-329, our laboratory has been inspected and approved by the American Association for Laboratory Accreditation (A2LA), Washington State Department of Transportation (WSDOT), Oregon Department of Transportation (ODOT) and the US Army Corps of Engineers. Its A2LA Accreditation complies with ISO/IEC 17025.2005. The material samples and testing will be conducted by Washington Association of Building Officials (WABO) WABO-certified senior special inspectors. CONSULTANT will coordinate on-site testing as necessary. The inspection testing includes: • Soil Compaction Testing • Reinforced Concrete Inspection and Testing • Hot Mix Asphalt Testing • Welding Inspection Assumptions: Any pre-fabricated steel items will be fabricated at a local Puget Sound or Portland area fabrication shop. 1.5 WSDOT Shop Inspection WSDOT is expected to provide shop fabrication inspection for steel beams, brackets and bearings. This service will include validation of materials origin (CMO) to comply with use of domestic steel. CONSULTANT will coordinate offsite fabrication inspection with relevant independent testing authority Davide Evans and Associates,Inc. 5 Scope of Services Major Maintenance of Three Bridges,Construction Management Services January 31,2017 115 Section 2.0 Beacon Avenue Construction Management Services 2.1 Resident Engineering Construction Management Services The CONSULTANT shall provide a resident engineer (RE) for the duration of the contract to the AGENCY. The RE oversees construction activities and provides supervision over inspection, contract changes, project documentation, contract schedule, contract disputes, and material sampling and testing. The RE reports directly to the AGENCY Project Manager.The RE will perform tasks as described below: 2.1.1 Pre-construction Meeting • Attend pre-construction meeting,prepare agenda, lead the meeting, and provide meeting notes. 2.1.2 Coordination and Management of Subconsultants • Coordinate and manage subconsultant 2.1.3 Daily Oversight of Construction Activities • Coordinate responses to contractor's Requests for Information(RFIs)(up to 10 RFIs total) • Provide draft responses to contractor RFI's for approval by the AGENCY • Oversee construction activities for compliance with the Contract • Monitor Contractor's activities for compliance with all regulatory, environmental,permit and material requirements, including: (Noted in IDR) • NPDES Construction Permit(TESL and water quality requirements). • ROM requirements. • Assist AGENCY in the documentation and investigation of malfunctions, failures, or accidents that may occur during construction. (Noted in IDR) • Review CI's Inspector's Daily Reports(IDRs) • Direct Contractor to promptly rectify any non-conforming work observed. • Communicate with the AGENCY PM weekly or as needed • Site visits for quality assurance compliance • Provide direct supervision over DEA's construction management personnel including the Cl, materials sampling and testing personnel, and design support. • Maintain construction files using a format provided by AGENCY. • Punch list. Upon substantial completion of work, coordinate with AGENCY and other affected agencies,to perform a project inspection and develop a`punch list' of items to be completed. 2.1.4 Review of Field Note Records (FNRs), Progress Estimates, and Invoicing • Review FNRs and monthly progress estimates 2.1.5 Weekly Contractor Meetings • Prepare agenda and meeting notes and conduct weekly contractor meetings 2.1.6 Submittal Reviews and Management • Review contractor submittals and responses to the contractor for contract compliance • Identify any change to the Contract • Prepare substantial completion and close out documentation as requested. This can include: Davide Evans and Associates,Inc. 6 Scope of Services Major Maintenance of Three Bridges,Construction Management Services January 31,2017 116 • Orderly transfer of field records and documents, including as-built drawings and specifications. • Resolution of outstanding contractual issues e.g. changes or claims. • Assessment of liquidated damages,if any. • Contractor's final payment. • Document as-constructed conditions of the project for the eventual creation of the As-Built Record Drawing. The Construction Contractor shall furnish a red-lined plan set to AGENCY at the completion of the project; and the Consultant shall weekly verify the accuracy of the Contractor's As-Built Record Drawings during construction. • Respond and record decisions to questions which may arise regarding the quality, quantity and acceptability of material furnished,work performed, and rate of progress of work performed by Contractor. (Noted in IDR) 2.1.7 Coordination and Responses to the Contractor and Utilities • Coordinate with Engineers of Record,Reviews and provide responses to Contractor's BFI's(up to 10 total) • Actively confirm Contractor's coordination of construction activities with adjacent property owners,businesses,utilities and other agencies through review of the required Project Schedule and notice forms. • Facilitate utility coordination for existing and new utility improvements. • Punch list. Upon substantial completion of work, coordinate with AGENCY and other affected agencies,to perform a project inspection and develop a`punch list' of items to be completed. 2.1.8 Change Order Management and Coordination • Manage contract risks and disputes • Review and make recommendations on change orders,includes review of contractors cost proposal. • Evaluate and manage changes to the contract and oversee change order preparation with the AGENCY's approval. • Assist in claim evaluation at AGENCY's request • Issue Correction Notices and Stop work Notices when appropriate and as approved by the AGENCY. • Track Change Orders and Force Account activities for appropriate reimbursement and Time Impact Analysis. (Noted in IDR) 2.1.9 Review and Monitoring of Schedule • Monitor Contractor's schedule and requests requires updating Deliverables: As identified in 2.1.1 to 2.1.9 above. Davide Evans and Associates,Inc. 7 Scope of Services Major Maintenance of Three Bridges,Construction Management Services January 31,2017 117 Assumptions: The AGENCY will provide timely direction to the RE for contract changes and risk management. Number of dispute management cases and change orders is assumed to be a total of three under $50K each. 2.2 Field Inspection for Quality Control The CONSULTANT shall provide an on-site construction inspector (CI) to the AGENCY for construction management and inspection services for the PROJECT. In addition, an expert field inspector shall be provided during painting and an expert inspector shall observe the polyester deck overlay during placement. The Cl will perform tasks as described below: 2.2.1 Contract Documents Review • Review contract documents prior to pre-construction meeting. 2.2.2 Pre-construction Meeting • Attend Pre-construction meeting. 2.2.3 Daily Site Observation • Photograph daily construction progress; • Serve as primary project contact for the Contractor; • Attend Contractor's safety meetings; • Coordinate with utilities; • Field verify materials delivered to the site; • Provide field directives as required with prior approval by AGENCY • Communicate with stakeholders; • Manage quality assurance; • Coordinate materials sampling and testing with sub-consultant; • Act as daily contact with the Contractor; • Conduct field inspection and prepare daily inspection reports(IDRs); • Conduct wage interviews; • Maintain Field Note Records for pay quantities and submit monthly summary to the AGENCY for pay requests; ' • Coordinate engineering support services as needed; • Prepare punch list(s); • Inform the RE and AGENCY PM immediately of any potential changes to the contract(Cl will have no approval authority for contract changes); • Track prevailing wages; and • Monitor the site for environmental compliance and BMPs. 2.2.4 Special Inspection (TranTech) • Polyester overlay inspection will be conducted by specialized inspectors; • Paint inspection will be conducted by specialized inspectors. Davide Evans and Associates,Inc. 8 Scope of Services Major Maintenance of Three Bridges,Construction Management Services January 31,2017 118 Deliverables As described above 2.2.1-2.2.4 Assumptions The AGENCY will provide the following: • AGENCY PM or representative attends weekly meetings; • Prepare and process pay requests from quantities received from the CI; • AGENCY retains full approval authority for contract changes. 2.3 Contract Documentation The CONSULTANT shall provide a documentation coordinator for compliance with federally funded project. 2.3.1 Documentation Coordination The documentation coordinator will perform the following tasks: • Daily filing of IDRs; • Administration of contractor sublets and approval; • Submittal log development and tracking; • ROM maintenance; • Preparation of monthly progress payments; • Monitors use of foreign steel; • Prepares change orders under RE's supervision; • Documents contractors certified payrolls. • Maintain construction files using a format provided by AGENCY. 2.3.2 ROM Development • The CONSULTANT shall prepare a Record of Materials(ROM)for the PROJECT for use during construction by the AGENCY. The ROM will be submitted to WSDOT. The ROM will follow the format provided by WSDOT. 2.4 Materials Sampling and Testing Materials inspection and testing will be provided by the CONSULTANT's subconsultant Mayes Testing Engineers Inc. (MTE). MTE's laboratories are in full conformance with ASTM E-329 "Recommended Practice for Independent Testing & Inspection Agencies." All personnel are under direct supervision of Washington State and Oregon State Registered Professional Engineers as required by E-329. Also, as required by ASTM E-329, our laboratory has been inspected and approved by the American Association for Laboratory Accreditation (A21,A), Washington State Department of Transportation (WSDOT), Oregon Department of Transportation (ODOT) and the US Army Corps of Engineers. Its A2LA Accreditation complies with ISOJEC 17025.2005. The material samples and testing will be conducted by Washington Association of Building Officials(WABO)WABO-certified senior special inspectors. The inspection testing includes: • Soil Compaction Testing • Reinforced Concrete Inspection and Testing Davide Evans and Associates,Inc. 9 Scope of Services Major Maintenance of Three Bridges,Construction Management Services January 31,2017 119 • Hot Mix Asphalt Testing • Welding Inspection Assumptions: Any pre-fabricated steel items will be fabricated at a local Puget Sound or Portland area fabrication shop. 2.5 WSDOT Shop Inspection WSDOT is expected to provide shop fabrication inspection for steel beams, brackets and bearings. This service will include validation of materials origin (CMO) to comply with use of domestic steel. CONSULTANT will provide coordination with WSDOT. Section 3.0 Grady Way Construction Management Services 3.1 Resident Engineering Construction Management Services The CONSULTANT shall provide a resident engineer (RE) for the duration of the contract to the AGENCY. The RE oversees construction activities and provides supervision over inspection, contract changes, project documentation, contract schedule, contract disputes, and material sampling and testing. The RE reports directly to the AGENCY Project Manager.The RE will perform tasks as described below: 3.1.1 Pre-construction Meeting • Attend pre-construction meeting,prepare agenda, lead the meeting, and provide meeting notes. 3.1.2 Coordination and Management of Subconsultants • Coordinate and manage subconsultant 3.1.3 Daily Oversight of Construction Activities • Coordinate responses to contractor's Requests for Information(RFIs)(up to 10 RFIs total) • Provide draft responses to contractor RFI's for approval by the AGENCY • Oversee construction activities for compliance with the Contract • Monitor Contractor's activities for compliance with all regulatory,environmental,permit and material requirements, including: (Noted in IDR) • NPDES Construction Permit(TESL and water quality requirements). • ROM requirements. • Assist AGENCY in the documentation and investigation of malfunctions, failures, or accidents that may occur during construction. (Noted in IDR) • Review CI's Inspector's Daily Reports(IDRs) • Direct Contractor to promptly rectify any non-conforming work observed. • Communicate with the AGENCY PM weekly or as needed • Site visits for quality assurance compliance • Provide direct supervision over DEA's construction management personnel including the Cl, materials sampling and testing personnel, and design support. • Maintain construction files using a format provided by AGENCY. Davide Evans and Associates,Inc. 10 Scope of Services Major Maintenance of Three Bridges,Construction Management Services January 31,2017 120 • Punch list. Upon substantial completion of work, coordinate with AGENCY and other affected agencies,to perform a project inspection and develop a `punch list' of items to be completed. 3.1.4 Review of Field Note Records (FNRs), Progress Estimates, and Invoicing • Review FNRs and monthly progress estimates 3.1.5 Weekly Contractor Meetings • Prepare agenda and meeting notes and conduct weekly contractor meetings 3.1.6 Submittal Reviews and Management • Review contractor submittals and responses to the contractor for contract compliance • Identify any change to the Contract • Prepare substantial completion and close out documentation as requested. This can include: • Orderly transfer of field records and documents, including as-built drawings and specifications. • Resolution of outstanding contractual issues e.g. changes or claims. • Assessment of liquidated damages, if any. • Contractor's final payment. • Document as-constructed conditions of the project for the eventual creation of the As-Built Record Drawing. The Construction Contractor shall furnish a red-lined plan set to AGENCY at the completion of the project; and the Consultant shall weekly verify the accuracy of the Contractor's As-Built Record Drawings during construction. • Respond and record decisions to questions which may arise regarding the quality, quantity and acceptability of material furnished,work performed, and rate of progress of work performed by Contractor. (Noted in IDR) 3.1.7 Coordination and Responses to the Contractor • Coordinate with Engineers of Record,Reviews and provide responses to Contractor's RFI's(up to 10 total) • Actively confirm Contractor's coordination of construction activities with adjacent property owners,businesses,utilities and other agencies through review of the required Project Schedule and notice forms. • Facilitate utility coordination for existing and new utility improvements. • Punch list. Upon substantial completion of work,coordinate with AGENCY and other affected agencies,to perform a project inspection and develop a`punch list' of items to be completed. 3.1.8 Change Order Management and Coordination • Manage contract risks and disputes • Review and make recommendations on change orders, includes review of contractors cost proposal. • Evaluate and manage changes to the contract and oversee change order preparation with the AGENCY's approval. • Assist in claim evaluation at AGENCY's request • Issue Correction Notices and Stop work Notices when appropriate and as approved by the AGENCY. Davide Evans and Associates,Inc. 11 Scope of Services Major Maintenance of Three Bridges,Construction Management Services January 31,2017 121 • Track Change Orders and Force Account activities for appropriate reimbursement and Time Impact Analysis. (Noted in IDR) 3.1.9 Review and Monitoring of Schedule • Monitor Contractor's schedule and requests requires updating Deliverables: As identified in 3.1.1 to 3.1.9 above. Assumptions: The AGENCY will provide timely direction to the RE for contract changes and risk management. Number of dispute management cases and change orders is assumed to be a total of three under $50K each. 3.2 Field Inspection for Quality Control The CONSULTANT shall provide an on-site construction inspector (CI) to the AGENCY for construction management and inspection services for the PROJECT. In addition, an expert field inspector shall be provided during painting and an expert inspector shall observe the polyester deck overlay during placement. The Cl will perform tasks as described below: 3.2.1 Contract Documents Review • Review contract docu vents prior to pre-construction meeting. 3.2.2 Pre-construction Meeting • Attend Pre-construction meeting. 3.2.3 Daily Site Observation • Photograph daily construction progress; • Serve as primary project contact for the Contractor; • Attend Contractor's safety meetings; • Coordinate with utilities; • Field verify materials delivered to the site; • Provide field directives as required with prior approval by AGENCY • Communicate with stakeholders; • Manage quality assurance; • Coordinate materials sampling and testing with sub-consultant; • Act as daily contact with the Contractor; • Conduct field inspection and prepare daily inspection reports(IDRs); • Conduct wage interviews; • Maintain Field Note Records for pay quantities and submit monthly summary to the AGENCY for pay requests; • Coordinate engineering support services as needed; • Prepare punch list(s); • Inform the RE and AGENCY PM immediately of any potential changes to the contract(Cl will have no approval authority for contract changes); Davide Evans and Associates,Inc. 12 Scope of Services Major Maintenance of Three Bridges,Construction Management Services January 31,2017 122 • Track prevailing wages; and • Monitor the site for environmental compliance and BMPs. As described above 2.2.1-2.2.3 Assumptions The AGENCY will provide the following: • AGENCY PM or representative attends weekly meetings; • Prepare and process pay requests from quantities received from the Cl; • AGENCY retains full approval authority for contract changes. 3.3 Contract Documentation The CONSULTANT shall provide a documentation coordinator for compliance with federally funded proj ect. 3.3.1 Documentation Coordination The documentation coordinator will perform the following tasks: • Daily filing of IDRs; • Administration of contractor sublets and approval; • Submittal log development and tracking; • ROM maintenance; • Preparation of monthly progress payments; • Monitors use of foreign steel; • Prepares change orders under RE's supervision; • Documents contractors certified payrolls; • Maintain construction files using a format provided by AGENCY. 3.3.2 ROM Development • The CONSULTANT shall prepare a Record of Materials(ROM) for the PROJECT for use during construction by the AGENCY. The ROM will be submitted to WSDOT. The ROM will follow the format provided by WSDOT. 3.4 WSDOT Shop Inspection WSDOT is expected to provide shop fabrication inspection for steel beams, brackets and bearings. This service will include validation of materials origin(CMO)to comply with use of domestic steel. Davide Evans and Associates,Inc. 13 Scope of Services Major Maintenance of Three Bridges,Construction Management Services January 31,2017 123 Exhibit DBE Participation TranTech,LLC is an SBE (7.8%)per Federal definition. Agreement Number: WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 1013012014 124 Exhibit 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 All survey data and design files will be submitted to AGENCY-provided standards when specified. B. Roadway Design Files All survey data and design files will be submitted to AGENCY-provided standards when specified. C. Computer Aided Drafting Files All survey data and design files will be submitted to AGENCY-provided standards when specified. Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 1013012014 125 D. Specify the Agency's Right to Review Product with the Consultant The Agency has the right to review product with Consultant throughout the course of the Project. Standard formats are identified in Exhibit A. E. Specify the Electronic Deliverables to Be Provided to the Agency As described in Exhibit A. F. Specify What Agency Furnished Services and Information Is to Be Provided As described in Exhibit A. Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 1013012014 126 II_ Any Other Electronic Files to Be Provided None. III. Methods to Electronically Exchange Data Microsoft Outlook(email),FTP site, CD's/DVD's , flash drives, ProjectWise if necessary. WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 1013012014 127 A. Agency Software Suite Unknown B. Electronic Messaging System Microsoft Outlook C. File Transfers Format Unknown WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 1013012014 128 Exhibit D Prime Consultant Cost Computations City of Tukwila Major Maintenance of Three Bridges, Construction Management Services Budget No. 104.98.595.800.41.00 Summary of Construction Management Services Total Construction Management Current Services FEE Proportions Frank Zepp $240,490.87 56.84% Beacon Avenue $163,253.20 38.58% Grady Way $19,372.61 4.58% TOTAL CONSTRUCTION $423,116.68 MANAGEMENT SERVICES ALL THREE BRIDGES 129 Frank Zepp Exhibit D Prime Consultant Cost Computations Exhibit D-1.1 City of Tukwila Major Maintenance of Three Bridges,Construction Management Services FRANK ZEPP Budget No. 104.98.595.800.41.00 David Evans and Associates,Inc. 1 2 3 4 97 z i w Nt tt3 , C E N 1 p' d • "� ..E X 6, 3 kr Work Work Element# DEA direct rates. $72.00 $33 00 t a ti T ( dta1 ToteI Tp1al {ltttl r2rta 7 � i W 1.1 RE Construction-Management Services_ _ 4 1.1.1 Pre-Construction Including Agenda- 7 $1,572 8 --- -- - - „ 1.12 Subconsultant Coordination 9 $2,021 1.1.3 Daily Oversi ht of Construction Activities 136 13i $30,533 8 -- - — --- 1.1.4 FNR Reviews,Progress Estimate Reports and Invoicing- - 23- 3 8 34 $6,342 1.1.5 Weekly Contractor Meetin s 73 $16,389 0 1.1.6 Submittal Reviews and Management 37 1.1.7 Coordination and Respones to Contractor RFls 11 1l $2,470 � 1.1.8 Manages and Processes Change Orders 34 3�4 —_ $7,633 f2�" aol 1.1.9 Reviews and Monitors Contractors Schedule 11 1'I $2,470 t172"lu } ,Wnrklg1negt2l 9 7dta7 3&- S 352 a ... 1.2 Field Inspection 1.2.1 Contract Documents Review 5 fr $565 ti 0.3°!0 '1 1.2.2 Preconstruction Meeting 2 2 $226 01a 1.2.3 Daily Site Observation and Preparation of FNR 822 & $92,915 ' B3 76 1.2.4 Special Inspections(Trantech-see Exhibit E1.1 for hours) _ EletnePt 229�r a _ �ins 1.3 Contract Documentation Documentation(RFIs,progress payments,Sublet approvals, h 1.3.1 Submittals Tracking,up to 10 C.O.s,ROM Maintenance) 297 _ 37 33 $_37,379 1.3.2 ROM Development and Management 14 $3,143 -- - --- -- >. r . 1.4 Materials Te sting - _ a _ (Mayes Testing-see cost under Subconsultants,Exhibit E2.1) 1Afrk Element 1!1 fatal z 1.5 WSDOT Shop Inspection See cost under"Direct Expenses",Exhibit D-2.1 Wink-Elettrent•1 Subconsultant Fees $26.658 EXPENSES $1,869 s ti SALARY ESCALATION �- PROJ'ECT WORK El'EMENTS TOTALS 341., ,1136': ,3;-". 34 ,;,,45„ 1 529: "x $24®;"491 100.00% 131 Exhibit D Prime Consultant Cost Computations City of Tukwila Major Maintenance of Three Bridges, Construction Management Services FRANK ZEPP Exhibit D-2.1 David Evans and Associates,Inc. Direct Classification Hrs. x Rate = Cost 1 Construction Manager(CONM) 341 $ 72.00 $24,552 2 Construction Inspector(CINS) 1126 $ 36.25 $40,818 3 Executive Administrator(EXAD) 3 $ 38.00 $114 4 Managing Prof Engineer(MGPE) 14 $ 72.00 $1,008 5 Sr.Professional Engineer(SPEN) 0 $ 67.00 $0 6 Senior Bridge Engineer(SBEN) 0 $ 62.00 $0 7 Bridge Engineer(BREN) 0 $ 48.00 $0 8 Senior CADD Technician(SCAD) 0 $ 44.00 $0 9 CADD Technician(CADD) 0 $ 30.00 $0 17 Project Administrator(PADM) 45 $ 33.00 $1,485 18 0 $0 Total Hrs. 1529 Salary Cost $ 67,977 Salary Escalation Cost(estimated) Escalation-%of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost $ 67,977 Overhead Cost @ 181.82%of Direct Labor $ 123,595 Net Fee @ 30.0% of Direct Labor $ 20,393 Total Overhead&Net Fee Cost $ 143,988 Direct Expenses No. Unit Each Cost Reproduction Costs Copies 200 pages @ $0.06 /page $ 12.00 Reports 0 reports @ $15 /report $ - Plans 0 sets @ $2 /set $ - Parking 0 @ $8 $ - WSDOT shop inspection 1 @ $1,750 $ 1,750.00 Mileage 200 miles @ $0.535 /mile $ 107.00 Subtotal $ 1,869 David Evans and Associates Total $ 213,833 Subconsultants - W/DBE M/DBE Hrs $Total Trantech,LLC 150 $ 18,896 Mayes Testing,Inc. 0 $ 7,762 Total 0.0% 0.0% 0.0% 150 Subconsultant Total 0% $ 26,658 Direct Expenses Sub-Total(including Subconsultants) $ 28,527 Total Costs $ 240,491 132 Exhibit E Subconsultant Cost Computations Exhibit E-1,1 City of Tukwila Major Maintenance of Three Bridges,Construction Management Services FRANK ZEPP Trantech,LLC 1 z 3 4 s 2 co N N � Work O Element# Work Element,. n> `: s� "m . a H - Trantech,LLC Gobi t.� direct rates: $36.00 $45.00 $65.00 $50.00 4~ --------- r S> a xg _ t ', 11 �Ta1-s Tb't31' Tal s�i> 1.2.4 S ecialIns ection �, '- P P -- ------ ------- -- -- Paint Inspection _ 100 14 ` $12,188 $ ------- - 4 Polyester Inspection - 50 $4,875 --- - - — .�s EXPENSES $1,832 T - -- -- ---- - -- --- .._------------ - - SALARY ESCALATION tee: PROIECTWORK ELEMENTS TOTAL`S; 50 460:s'"' 150 , $18 89fs;100.00% 133 Exhibit E Subconsultant Cost Computations City of Tukwila Major Maintenance of Three Bridges, Construction Management Services FRANK ZEPP Exhibit E-1.2 Trantech, LLC Direct Classification Hrs. x Rate = Cost 1 Special Inspector 1 50 $ 36.00 $1,800 2 Special Inspector II 100 $ 45.00 $4,500 3 Senior Bridge Engineer 0 $ 65.00 $0 4 Bridge Engineer 0 $ 50.00 $0 5 Project Engineer/Scientist 0 $0 6 Engineer/Scientist 3 0 $0 7 Engineer/Scientist 2 0 $0 8 Engineer/Scientist 1 0 $0 9 Lead Tech 0 $0 10 Senior Technician 0 $0 11 Technician 0 $0 12 Word Processor 0 $0 Total Hrs. 150 Salary Cost $ 6,300 Salary Escalation Cost(estimated) Escalation-%of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost $ 6,300 Overhead Cost @ 140.85% of Direct Labor $ 8,874 Net Fee @ 30.0% of Direct Labor $ 1,890 Total Overhead&Net Fee Cost $ 10,764 Direct Expenses No. Unit Each Cost Reproduction Costs ea $ - ea $ - Plans 0 sets @ $2 /set $ - Parking 10 @ $8 $ 80.00 Mail/Deliveries/Fed Ex 2 @ $20 $ 40.00 Mileage 3200 miles @ $0.535 /mile $ 1,712.00 Subtotal $ 1,832 Trantech, LLC Total $ 18,896 134 Exhibit E Subconsultant Cost Computations Exhibit E1.3 Mayes Testing Costs SUBCONSULTANT FEE DETERMINATION 1/13/2017 DIRECT SALARY COSTS(DSC) Personnel Hours Rate Cost 1 Project Manager 12 X $54.60 = $ 655 2 Soil Density Testing 20 X $28.50 = $ 570 3 Concrete Inspection 40 X $28.50 = $ 1,140 3 HMA Density Testing 20 X $28.50 = $ 570 4 Welding Inspection 32 X $29.50 = $ 944 Total Hours 92 Subtotal Direct Salary Costs(DSC)= $ 2,935 Salary Escalation(SE)= 5% of DSC= $ 147 Subtotal(DSC+SE)= $ 3,082 Overhead(OH) 191.26% of(DSC+SE)= $ 5,895 Fixed Fee(FF) 30.00% of(DSC+SE)= $ 925 TOTAL SALARY COSTS(DSC+SE+OH+FF)= $ 9,901 DIRECT NONSALARY COSTS(DNSC) Soil Moisture Density 2 $225 $450 Concrete Compressive Test 50 $25 $1,250 WSDOT T606 Test 1 $550 $550 Seive Analysis 2 $225 $450 Sand Equivalent 1 $60 $60 Fractured Face Count 1 $75 $75 HMA Rice Density 2 $100 $200 TOTAL REIMBURSABLE EXPENSES(DNSC)= $ 3,035 TOTAL AUTHORIZED AMOUNT = $ 12,936 7,752 for Frank Zepp PAYMENT 5,174 for Beacon Avenue Services will be paid on a DSC multiplier equal to 3.213 Page 1 of 1 135 tseacomio%i Avenue 136 Exhibit D Prime Consultant Cost Computations Exhibit D-1.2 City of Tukwila Major Maintenance of Three Bridges,Construction Management Services BEACON AVENUE Budget No.104.98.595.800.41.00 David Evans and Associates,Inc. 1 2 3 4 17 6 W .< m E c;" c `.2 2 Work W Element# Work Element `U• v•`" LU _m- direct rates.. $72.00 $36.25 $38.00 $72.00 $34.00 _` z 2.1 RE Construction Management Services 2 1.1 Pre-Construction Including Agenda 5 $1,123 - - -- - - - - - ---- — 2.1.2 Subconsultant Coordination 6 $1 347; v -- -- - 2.1.3 Daily Oversi ht of Construction Activities 91 9t $20,430 M 2.1.4 FNR Reviews Progress Estimate Reports and Invoicn 15 3 6 z $4,359£ 3 a t4 2.1.5 49 $11,001 2.1.6--1 Submittal Reviews and Management 25 $5 613,°_ 2.1.7 Coordination and Res ones to Contractor RFIs 8 $1,796 t5 � 2.1.8 Mana_9es and Processes Change Orders 23 3 $5 164 * 2.1.9 Reviews and Monitors Contractors Schedule 8 $1 796 ° , _ e 2.2 Field Inspection 2.2.1 Contract Documents Review 3 3 $339. 2 a 2.2.2 Preconstruction Meeting _ 2 2 '$226` � y — - - --- - - 2.2.3 Daily Site Observation and Preparation of FNR 554 X54 $62,621 i -- - - - -- ---- - - -- r - 2.2.4 (TranTech-see cost under Subconsultants Exhibit D2.2) -_ y - rkleeLtt27 3bffit ? £ r 54191'. 2.3 Contract Documentation tA Documentation(RFIs,progress payments,Sublet approvals, 1 t 2.3.1 Submittals Tracking up to 10 C_O.s,ROM Maintenance) _- Z00 25 } $25 257 2.3.2 ROM Development and Management 9 $2 021 -- -- - - F .v �. 2.4 Materials Testing - { (Mayes Testing-see cost under Subconsultants,Exhibit D2.2) Cr � t „ Mori Etnertfi2 3TOtaP 2.5 WSDOT Shop Inspection See cost under Direct Expenses Exhibit D-2.2 Wdllf EIYt»etrt? tot81 Subconsultant Fees $19 094 c EXPENSES $1,066 SALARY ESCALATION PBOJ ECT,INORK ELGIVI EN TS°TOTALS> 230 11132 '°$163,253 100.00'x. 137 Exhibit D Prime Consultant Cost Computations City of Tukwila Major Maintenance of Three Bridges, Construction Management Services BEACON AVENUE Exhibit D-2.2 David Evans and Associates, Inc. Direct Classification Hrs. x Rate = Cost 1 Construction Manager(CONM) 230 $ 72.00 $16,560 2 Construction Inspector(GINS) 759 $ 36.25 $27,514 3 Executive Administrator(EXAD) 3 $ 38.00 $114 4 Managing Prof Engineer(MGPE) 9 $ 72.00 $648 17 Project Administrator(PADM) 31 $ 34.00 $1,054 18 0 $0 Total Hrs. 1032 Salary Cost $ 45,890 Salary Escalation Cost(estimated) Escalation-%of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost $ 45,890 Overhead Cost @ 181.82%of Direct Labor $ 83,437 Net Fee @ 30.0% of Direct Labor $ 13,767 Total Overhead&Net Fee Cost $ 97,204 Direct Expenses No. Unit Each Cost Reproduction Costs Copies 200 pages @ $0.06 /page $ 12.00 Reports 0 reports @ $15 /report $ - Plans 0 sets @ $2 /set $ - Parking 0 @ $8 $ - WSDOT Shop Inspection 1 @ $1,000 $ 1,000.00 Mileage 100 miles @ $0.535 /mile $ 53.50 Subtotal $ 1,066 Prime Compensation for Subconsultant Cost David Evans and Associates Total $ 144,159 Subconsultants W/DB M/DBE Hrs Total Trantech, LLC 110 $ 13,920 Mayes Testing, Inc. $ 5,174 Total 0.0% 0.0% 0.0% 110 Subconsultant Total 0% $ 19,094 Direct Expenses Sub-Total(including Subconsultants) $ 20,160 Total Costs $ 163,253 138 Exhibit E Subconsultant Cost Computations Exhibit E-2.1 City of Tukwila Major Maintenance of Three Bridges, Construction Management Services BEACON AVENUE Trantech,LLC 1 2 3 4 s o _ n 2 4 Work IV Element Work Element rn rnt - .rn= '-�M a Trantech,LLC •Jxs1 direct rates: $36.00 $45.00 $05.00 1 $5 0.o0 ----- c � � Tai TAPat �'�lfat 7gSatt � Totat+ ? Totx6 �T�ta1 2.2.4 Special Inspection ,` Paint Inspection 60 %89 $9,751� 5 y Pdyester Inspection 30 351 $2,9 25 27T°�A ' . . IorkEle�e t?�2k ttal at3, L". r , i1�1 n �T6 Ad1 ._....__-- ._.-.__.._ EXPENSES $1,244 . SALARY ESCALATION 1' P(tQ1ECF WORK ELEMENTS TOTALS ., 30. 8Q', 110 $13;920 100:00%' 139 Exhibit E City of Tukwila Subconsultant Cost Computations Major Maintenance of Three Bridges, Construction Management Services BEACON AVENUE Exhibit E-2.2 Trantech, LLC Direct Classification Hrs. x Rate = Cost 1 Special Inspector 1 30 $ 36.00 $1,080 2 Special Inspector II 80 $ 45.00 $3,600 3 Senior Bridge Engineer 0 $ 65.00 $0 4 Bridge Engineer 0 $ 50.00 $0 5 Project Engineer/Scientist 0 $0 6 Engineer/Scientist 3 0 $0 7 Engineer/Scientist 2 0 $0 8 Engineer/Scientist 1 0 $0 9 Lead Tech 0 $0 10 Senior Technician 0 $0 11 Technician 0 $0 12 Word Processor 0 $0 Total Hrs. 110 Salary Cost $ 4,680 Salary Escalation Cost(estimated) Escalation-%of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost $ 4,680 Overhead Cost @ 140.85% of Direct Labor $ 6,592 Net Fee @ 30.0% of Direct Labor $ 1,404 Total Overhead&Net Fee Cost $ 7,996 Direct Expenses No. Unit Each Cost Reproduction Costs MaterialsTesting(Mayes @ Testing) 0 $0 ea $ - WSDOT Fabrication @ Inspection 0 $0 ea $ - Plans 0 sets @ $2 /set $ - Parking 10 @ $8 $ 80.00 Mail/Deliveries/Fed Ex 2 @ $20 $ 40.00 Mileage 2100 miles @ $0.535 /mile $ 1,123.50 Subtotal $ 1,244 Trantech, LLC Total $ 13,920 140 Exhibit E Subconsultant Cost Computations Exhibit E®2m Mayes Testing Costs SUBCONSULTANT FEE DETERMINATION 1/13/2017 DIRECT SALARY COSTS(DSC) Personnel Hours Rate Cost 1 Project Manager 12 X $54.60 = $ 655 2 Soil Density Testing 20 X $28.50 = $ 570 3 Concrete Inspection 40 X $28.50 = $ 1,140 3 HMA Density Testing 20 X $28.50 = $ 570 4 Welding Inspection 32 X $29.50 = $ 944 Total Hours 92 Subtotal Direct Salary Costs(DSC)= $ 2,935 Salary Escalation(SE)= 5% of DSC= $ 147 Subtotal(DSC+SE)= $ 3,082 Overhead(OH) 191.26% of(DSC+SE)= $ 5,895 Fixed Fee(FF) 30.00% of(DSC+SE)= $ 925 TOTAL SALARY COSTS(DSC+SE+OH+FF)= $ 9,901 DIRECT NONSALARY COSTS(DNSC) Soil Moisture Density 2 $225 $450 Concrete Compressive Test 50 $25 $1,250 WSDOT T606 Test 1 $550 $550 Seive Analysis 2 $225 $450 Sand Equivalent 1 $60 $60 Fractured Face Count 1 $75 $75 HMA Rice Density 2 $100 $200 TOTAL REIMBURSABLE EXPENSES(DNSC)= $ 3,035 TOTAL AUTHORIZED AMOUNT = $ 12,936 79762 for Frank Ze PAYMENT 5,174 for Beacon Avenue Services will be paid on a DSC multiplier equal to 3.213 Page 1 of 1 141 Grady Way Exhibit D Prime Consultant Cost Computations Exhibit D-1.3 City of Tukwila Major Maintenance of Three Bridges, Construction Management Services GRADY WAY Budget No.104.98.595.800.41.00 David Evans and Associates,Inc. t z 3 4 17 o o �a w Q o.` 4 C W R W o . c 0 0 ¢ o E - Work 0 Element# Work Element ..v v. , u . ; n N DE34 _ D_EA_ f direct rates: $72.00 $36.25 1 $36.00 $72.00 $3400 t �' Tats Toth T6ta1°` T 7otaC Tgtal Tote[ _ mil 2 3.1 RE Construction Management Services - - 3.1.1 Pre Construction Including Agenda 1 $225 - -- _-- — — -- -- 3.1.2 Subconsultant Coordination 1 ( $225 � & 3.1.3 Daily Oversight of Construction Activities 13 33 $2,918 °b 3.1.4 FNR Reviews,Progress Estimate Reports and Invoicing 2 2 4 $ $1,110 �o, 3.1.5 Weekly Contractor Meetings 6 - $1;347 4P`s5 a"M: 3.1.6 Submittal Reviews and Management 3 - t ' $674 , 3.1.7 Coordination and Respones to Contractor RFIs 1 r ( $225 3.1.8 Manages and Processes Change Orders -_--_- 3 3 $674 3.1.9 Reviews and Monitors Contractors Schedule 1 1 $225 36°i -— - a Work E6omettt3 7 TvCal } '` 2 ` o °n -- - ----------- 3.2 Fieell d Inspection 3.2.1 Contract Documents Review 1 $113 --- i t 3.2.2 Preconstruction Meeting 1 1 $113 ° 3.2.3 IDaily Site Observation and Preparation of FNR 65 65 $7,347 T ' c Uakk)?tepner 3 Total 61 ` $7,573 5tk 7fi ' Dccumentation o r 3.3.1 (RFls,progress payments,Sublet approvals,Submittals T 24 3 27 $3,031 tt S —.._ 3.3.2 ROMDevelocP ment and Management 1 h $225 13 v h.. -- 3.4 WSDOT Shop Inspection See cost under"Direct Expenses",Exhibit D-2.3 a -- _ n. gitp►IFrner�tfafa[ u PRIME COMPENSATION FOR SuE.COSY --- ----- -" ------- EXPENSES $923 SALARY ESCALATION PROJECT WORK'ELEMENTST,OTALS .. .;. �.: % . . °` 31 . 91'; "`27. 143 Exhibit D Prime Consultant Cost Computations City of Tukwila Major Maintenance of Three Bridges, Construction Management Services G RADY WAY Exhibit D-2.3 David Evans and Associates, Inc. Direct Classification Hrs. x Rate = Cost Construction Manager(CONM) 31 $ 72.00 $2,232 Construction Inspector(CINS) 91 $ 36.25 $3,299 Executive Administrator(EXAD) 2 $ 38.00 $76 Managing Prof Engineer(MGPE) 1 $ 72.00 $72 Sr.Professional Engineer(SPEN) 0 $ 67.00 $0 Senior Bridge Engineer(SBEN) 0 $ 62.00 $0 Bridge Engineer(BREN) 0 $ 48.00 $0 Senior CADD Technician(SCAR) 0 $ 44.00 $0 Project Administrator(PADM) 7 $ 34.00 $238 0 $0 Total Hrs. 132 Salary Cost $ 5,917 Salary Escalation Cost(estimated) Escalation-%of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost $ 5,917 Overhead Cost @ 181.82% of Direct Labor $ 10,758 Net Fee @ 30.0% of Direct Labor $ 1,775 Total Overhead&Net Fee Cost $ 12,533 Direct Expenses No. Unit Each Cost Reproduction Costs Copies 200 pages @ $0.06 /page $ 12.00 Reports 0 reports @ $15 /report $ - Plans 0 sets @ $2 /set $ - Parking 0 @ $8 $ - WSDOT Shop Inspection 1 @ $750 $ 750.00 Mileage 300 miles @ $0.535 /mile $ 160.50 Subtotal $ 923 David Evans and Associates Total $ 19,373 Direct Expenses Sub-Total(including Subconsultants) $ 923 Total Costs $ 19,373 144 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS AYWashington a David O 264,10 5ociates, Inc. Department of any rt i Ro.Box 473co Lynn Peterson Secretary of 7,rams, rtation TTY, I-BC 833-6388 tr�rr%t�>�tle�t.,��. cav May 23,2016 David Evans &Associates, Inc. 179 W Sterling Pond Circle The Woodlands,TX 77382 Subject: Acceptance FYE 2015 ICR—Cognizant Review Dear Ms. Marie Fuzzell: We have accepted your firms FYE 2015 Indirect Cost Rate (ICR) of 181.82% based on the"Cognizant Review" from CDCT. Your ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate will be applicable for: WSDOT Agreements Local Agency Contracts in Washington State only Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. Any other entity contracting with your firin is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7104 or via email consultantrates( wsdot,wa.gov, Regards; K. .C�NSO Manager, Consultant Services Office EKJ:ks Aceeptance ICR Cognizant Review 145 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS Aft Washington State David Evans and Associates, Inc. ® Department of Transportation Memorandum May 19,2016 TO: Erik Jonson,Contracting Services Manager FROM: Schatzie Harvey,Agreement Compliance Audit Manager-% SUBJECT: David Evans&Associates,Inc. Indirect Cost Rate for Fiscal Year Ended October 31,2015 The Oregon Department of Transportation (ODOT)has concluded their cognizant review of David Evans&Associates for the above referenced fiscal year. ODOT is the Cognizant State for David Evans&Associates.As such,ODOT has performed its cognizant review and accepted the audit performed by Grant Thornton,LLP,with some minor exceptions. Based on ODOT's acceptance of the David Evans&Associates Indirect Cost Rate,we are issuing this memo establishing the David Evans&Associates rate for the fiscal year ended October 31,2015 at 181.82%of direct labor(rate includes 0.33%Facilities Cost of Capital). Costs billed to agreements will still be subject to audit of actual costs,based on the terms and conditions of the respective agreement. If you have any questions, feel free to call me at(360)705-7006,or via email at liarveysOwwsdot.wa.gov f f i Attachment cc: Steve McKerney j File i` 4' DOT Form 700.009 EF Revised 5/99 46 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. Certification of Final Indirect Costs Firm Dame:David Evans and Associates,Inc. Indirect Cost Rate Proposal:181.49 OH+.33 FCCM=181.82 Date of Proposal Preparation(mmldd/yyyy):04/2812016 Fiscal Period Covered(mm/ddlyyyy to mmlddlyyyy):11/2/2014 to 10/31/2015 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. Signature: Name of Certifying Official*(Print):Ryan Randall Title: Controller Date of Certification(mmlddlyyyy):05/19/2016 I i "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 4470.18 available on line at: l lttp://%tww.fhwa.dat.gov/legsregs/directives/orders/44701 a.htm O/H Certification; Nov 2010 1 7 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS Inc M�,��°� � �� Department of Central Services—Audit Services Kate I3rnw€r,Governor 355 Capitol St.NE--MS52 Salem,OR 92301-2528 (503)9£6-3213 April 28,2016 The Board of:Directors alad Stockholders � David Evans and Associates,Inc. (DEA) RE: David Evans and Associates,Inc. Schedule of Indirect Cost Rate, I Fiscal Year Elided October 31,2015 [ t We have performed a cognizant review of documentation and the working papers of your independent CPA firni, Grant Thornton(GT),of their audit of the Schedule of Indirect Cost Ripe for David Evans and Associate's (DEA)Fiscal Year Ended October 31, 2015 in accordaance with our role as Cognizant Agency€its defined in 23 U.S.C. 112(�)(2)(c) and 23 C1tR 172.3 and 172.7. Our cognizant review was performed iat accordance with the AASHTO Review Piograrn for CPA Audits of Consulting Engineers'Indirect Cost Rates. We were provided with a copy of GT's audit report dated January 28,2016,copies of their working papers and additional docunlettt€atioir from DEA. Based on our review, we accepted the revised Schedule of Indirect Cost Rate and this letter of concurrence establishes DEA's Schedule of Indirect Cost Rate for tite fiscal year ended October 31, 2015 tit 181.49% of fa direct labor and a Facilities Capital Cost of Money factor of 0,33%of direct labor.� A copy of this letter will be forwarded to the appropriate ODOT contracting offices. if you or any representative k of DEA.liras airy questions,please contact me at(503)986-3213 or Ruth Wu at(503)986-4003. Stncei•el = � Margar Cole, CP External Audit Manager Oregon Department of'ri-ansportation # C.C.: Marcus McGarity,Chief Financial Officer,David Evans and Associates, Inc. Tony Parke,Partner,Grant Thornton i g g; , y 3 1 8 Exhibit D Prime Consultant Cost Computations David Evans and Associates,Inc. CERTIFICATION OF INDIRECT COSTS Statement of Direct Labor,Fringe Benefits,and General Overhead David Evans and Associates, Inc. For the Fiscal Year Ended October 31,2015 DEA only Proposed General Ledger Direct Disallowed Company Acct Number Description Account Balance Costs Costs wide DIRECT LABOR DIRECT LABOR $ 28,526,415 $28,526,415 $ $ 28,526,415 FRINGE BENEFITS $ 17,937,448 $ - $ (425,434) a,b $ 17,512,014 GENERALOVERHEAD Indirect Labor $ 17,599,330 $ (442,582) $ (1,161,826)a,b,c $ 15,994,923 Occupancy $ 7,033,717 $ $ (566,009)d $ 6,467,708 Communications $ 823,801 $ $ (44,930) d $ 778,871 Supplies and NonCap Equipment $ 512,521 $ (182,429) $ f $ 330,092 Service Contracts $ 631,971 $ - $ $ 631,971 Publications and Memberships $ 265,857 $ $ (350) e $ 265,507 Computer Hardware-NonCap $ 166,324 - $ 166,324 Computer Software-Noncap $ 611,675 $ 611,675 Computer Supplies $ 1,398 $ 1,398 Repairs&Maintenance $ 63,309 $ 63,309 Vehicle Expense $ 1,956,033 (459,555) (9,844) f,g $ 1,486,634 General and Administrative $ 727,861 $ $ (55,822)g,h $ 672;039 Public Relations $ 242,501 $ $ (242,501) b $ - Selling Expense $ 511,438 (19,814)g,h $ 491,624 Training Expense $ 345,003 $ $ (25,223)g,h $ 319,780 Employee Recruiting and Retention $ 579,696 $ $ (360,981) h,i $ 218,715 Professional Services $ 691,832 $ $ $ 691,832 Business Insurance $ 1,122,388 $ $ (6,694) $ 1,115,694 Taxes,Licenses and Fees - $ 650,542 $ $ $ 650,542 Depreciation and Amortization $ 1,686,740 $ $ $ 1,686,740 Bad Debt Expense $ 110,076 $ $ (110,076) k $ - Contributions $ 192,554 $ $ (192,554) 1 $ Misc Expenses $ (6,017) $ (6,017) 401k Matching&ESOP Contribut $ - - $ - Profit Sharing Expense(Bonus) $ 3,881,031 $ $ (449,841) a,t $ 3,431,190 Reserves and Settlements-Non Ops $ 324,122 $ (324,122) k $ Interest Expense(net of Interest Income) $ 214,304 $ $ (214,384) m $ (80) Gain/Loss on Sale of Fixed Ass $ (28,107) $ (28,107) Dividend Income $ $ Deferred Compensation $ (146,246) $ $ - $ (146,246) Misc Other Income/Expense/Penalties $ (832) $ $ (556) n,o $ (1,388) Grp Med Insur Reimbursement $ - $ Gain/Loss on Investments $ $ Rental Income-External $ (4,406) $ (4,406) Federal Income Tax $ 1,507,362 (1,507,362) p $ State Income Tax $ 284,704 (284,704) p $ Support Services Allocation $ (200,432) $ (200,432) TOTAL GENERAL OVERHEAD $ 41,850,184 $ (582,699) $ (5,577,593) $ 35,689,891 TOTAL INDIRECT COSTS&OVERHEAD RATE $ 59,787,632 $ (582,699) $ (6,003,027) $ 53,201,906 DEEI Allocation(Home Office) $ 1,198,142 $ $ (434,191) (q) $ 763,952 DEA Corp Allocation to Onsite $ (2,437,484) $ $ 244,738 (r) $ (2,192,747) TOTAL AFTER ALLOCATIONS 58,548,289 (582,699) (6,192,480) 51,773,110 TOTAL INDIRECT COSTS&OVERHEAD RATE AFTER ALLOCATIONS 205.24% 181.49% FCCM(Facilities Capital Cost of Money) 0.33% COMBINED INDIRECT COSTS&OVERHEAD RATE 181.82% FAR References and Notes (a)31.205-6 and 31.201-4 Compensation and Allocability 149 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS (b)31.205-1 Public Relations Costs(including directly associated costs) David Evans and Associates, Inc. (c)31.205-6(p)Excess Executive Compensation (d)31.205-36&31.205-17 Rental Costs&Idle Facilities/Idle Capacity Costs(including directly associated costs) (e)31.205-14 Entertainment Costs (f)31.202:Excluded direct project costs(both billable&non billable costs)from indirect cost pool (g)31.205-46 Travel Costs (h)31.205-51 Costs of Alcoholic Beverages (i)31.205-13 Employee Morale (j)31.205-19 Insurance and Indemnification (k)31.205-3 Bad Debts (I)31.205-8 Contributions or Donations (m)31.205-20 Interest and Other Financial Costs (n)Miscellaneous Revenue (o)31.205-15 Fines,Penalties and Mischarging Costs (p)31.205-41 Taxes (q)See DEEI Office Allocatin Worksheet (r)See Corp Allocation DEA to Onsite (s)Remove Special Equip costs for use in Billable Equipment Rate (t)31.205-27 Organization Costs 150 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. David Evans and Associates,Inc. SCHEDULE OF INDIRECT COSTS Year ended October 31,2015 Direct Unallowable Costs Cost Costs Net of FAR Description Total Cost eliminations elminations elminations reference Labor Burden: Holiday Pay $ 1,411,046 $ - $ - $ 1,411,046 Sick Pay 1,041,292 - - 1,041,292 Vacation Paid 3,650,381 - - 3,650,381 Termination/Severance 58,837 - - 58,837 New Employee Signing Pay 80,679 - (80,679) - 15 Vacation Accrual (858,064) - - (858,064) Vacation Cash Out 658,940 - - 658,940 DOL Compliance Lbor 55,545 - - 55,545 PTO 203,260 203,260 Group Medical 5,416,091 - - 5,416,091 Group Life Ins 23,088 - - 23,088 Workers'Comp Ins. 269,727 - - 269,727 FICA&PR Taxes 3,781,014, - - 3,781,014 SUTA&State PR Taxes 763,004 - - 763,004 Union Benefits 705,196 - - 705,196 Civic Duty labor 20,876 - - 20,876 Officer Supp Comp 577,538 - - 577,538 Other Payroll Related Costs 79,000 - - 79,000 Public Relations Calculated Fringe Elimination (344,755) (344,755) 1 FRINGE BENEFITS 17,937,448 (425,434) 17,512,014 GENERAL OVERHEAD Indirect Labor 18,460,494 (449,653) (1,115,646) 16,895,194 1,9 Salary Variance (861,163) 7,071 41,912 (812,180) 1 Occupancy 7,033,717 - (566,009) 6,467,708 10,16 Communications 823,801 - (44,930) 778,871 16 Equipment (501,867) 501,867 - - Supplies 512,521 (182,429) - 330,092 18 Service Contracts 631,971 - - 631,971 Publications and Memberships 265,857 - (350) 265,507 12 Computer and Printer Costs 842,706 - - 842,706 Vehicle Expense 1,956,033 (459,555) (9,844) 1,486,634 4,17 General and Administrative 727,861 - (54,887) 672,974 3,4 Public Relations 242,501 - (242,501) - 1 Selling Expense 511,438 (19,029) 492,410 3,4,12 Training Expense 345,003 - (24,720) 320282 3,4 Employee Recruiting and Retention 579,696 - (360,981) 218,715 2,3 Professional Services 691,832 - - 691,832 Business Insurance 1,122,388 - (6,694) 1,115,694 7 Taxes,Licenses and Fees 650,542 - - 650,542 Depreciation and Amord2ation 1,686,740 - - 1,686,740 Bad Debt Expense 110,076 - (110,076) - 6 Contributions 192,554 - (192,554) - 5 Misc Expenses (6,017) - - (6,017) Profit Sharing Expense 774,684 - (449,841) 324,843 8 401K and ESOP Contributions 3,106,347 - - 3,106,347 Reserves and Settlements 324,122 - (324,122) - 6 Interest Expense 210,658 - (210,658) - 11 Discounts Taken (80) - - (80) Finance Charges 3,727 - (3,727) - 11 Crain/Loss on Sate of Fixed Assets (28,107) - - (28,107) Deferred Compensation (146246) - - (146,246) Misc Other Income/Expense (832) - (556) (1,388) 14 Rental Income-External (4,406) - (4,406) Income Taxes 1,792,066 - (1,792,066) - 13 Support Services Allocation (200,432) (200,432) Total General Overhead Expense 41,850,184 (582,699) (5,487,279) 35,780,205 Labor Burden and General Overhead Expense Before Allocation $59,787,632 $ (582,699) $(5,912,713) $53,292,220 DEEIAllocation(Home Office) 1,198,142 -. (434,191) 763,952 1,3,5,7 DEA Corp Allocation to Onsite (2,437,484) 241,056 (2,196,429) abot Burden and General Overhead Expense $58,548,289 $ (582,699) $(6,105,848) $51,859,743 Direct Labor 28,526,415 28,526,415 Overhead Expense Rate 205.24% 181.80% Facilities Capital Cost of Money Rate 0.33 Combined Overhead Expense and Facilities Capital Cost of Money Rate 182.13 The accompanying notes are an integral part of this schedule. 5 151 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. David Evans and Associates,Inc. COTMA1ENTS ON SC HEDULF OF INDIRECT COSTS Year ended October 31,2015 1. Public Relations and Advertising-FAR 31.205-1 r 1 Employee morale-FAR 31.205-13 r 3. Alcohol- FAR 31205-51 4. Excess tra-vel costs-FAR 31.205-40 e 5. Contributions or donations-FAR 31.205-8 6. Bad debt-FAR 31.2055-3 7. Officers'life insurance-FAR 31.205-19 8. Bonuses paid not in accordance with established plan- FAR 31.205-6(f) 9. Compensation for personal services-FAR 31.205-6(p) 10. Gains on sale of capital assets-FAR 31.205-16 11. Tnterest and other financial costs-FAR 31.205-20 r 12. Entertainment-FAR 31.205-14 13. Income taxes-FAR 31.205-41 14. Fines,penalties and mischarging costs-FAR 31.205-15 O 15. Signing bonuses-FAR 31.205-6(f)and FAR 31.201-4 16. Rent,idle,`aciliities and idle capacity costs(including directly associated costs)- FAR 31-205-36,FAR 31,205-17 r 17. Personal mileage expenses--FAR 31.205-46 718. Excluded direct project costs{`Froth billable and non-billable;from indirect cost pool-FAR 31202 The accompanying notes are an integral part of this schedule. 6 152 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates,InDavid Evans and Associates, Inc. NOTES TO SCHEDULE OF INDIRECT COSTS-CONTINUED October 31,2015 NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES,Continued Pension Plans The Company has a 401(k)pension plan,meeting the requirements of FAR 31.205-60),to which it makes annual contribution at the discretion of the board of directors. The amount of the Company's 401(k) contribution included in the overhead pool for the current year was$1,242,604 Facilities Capital Cost of Money(FCCM) The cost-of-money rate has been calculated in accordance with FAR 31.205-10,using average net book values of equipment and facilities multiplied by the average treasury rate for the applicable period. Equipment and facilities include furniture and fixtures, computer equipment, vehicles and leasehold improvements. The numbers represented below relate only to the DEA division. The calculation was made as follows: Net book value of fixed assets $4,313,867 Average treasury rate 2.19% Computed facilities capital 94,258 Direct labor base 28,524,415 Cost of money rate: 0.330% NOTE 2-FEDERAL ACQUISITION REGULATIONS ELIMINATIONS Public Relations and Advertising Certain costs incurred for public relations and advertising were eliminated from the schedule of indirect costs pursuant to FAR section 31.205-1. The costs are comprised of$931,708 of non-project labor, $344,755 of payroll taxes and fringe benefits related to public relations,and$242,501 of public relations and advertising expenses. Travel and Entertainment The schedule of indirect costs includes an elimination of $117,285 for travel specifically related to entertainment,alcohol expenses,and excess travel costs which are disallowed pursuant to FAR sections 31.205-14,31.205-51,and 31.205-46,respectively. Executive Compensation The Company evaluates compensation paid to senior executives to ensure any excess of FAR 31.205-6(p) is not included in the overhead rate. The Company compares executive compensation against a comparable benchmark in accordance with the American Association of State Highway and Transportation Officials ("AASHTO")Accounting Guide.Based on this comparison,the amount of$183,938 was disallowed in the Schedule of Indirect Costs. 8 153 Exhibit E Subconsultant Cost Computations AM CERTIFICATION OF FINAL INDIRECT COSTS Washington to Transportation Building TranTech, LLC Moo" om Maple Park Avenue S.E.ar end Trans RO.Box 47300 Lynn Peterson O yrnpia,, A i 5 3 40. Secreetaty of`transportafian TT1I: - c 3 • February 10,2016 TranTech Engineering, LLC 12011 NE Ist Street NE, Suite 305 Bellevue,WA 98005 Subject: Acceptance FYE 2015 ICR-Risk Assessment Review Dear Mr.Nikzad Khashayer: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate(ICR), we have accepted your proposed FYE 2015 ICR of 140.85%. This ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate may be subject to additional review if considered necessary by WSDOT and will be applicable for: ® WSDOT Agreements Z Local Agency Contracts in Washington State only 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 fine is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7104 or via email consultantrates(c-t)wsdot.wa.ggN Regards; . J N Manager, Consultant Services Office EKJ:rck Acceptance ICR Risk Assessment Review 154 Exhibit E Subconsultant Cost Computations CERTIFICATION OF FINAL INDIRECT COSTS MAP Washington State TranTech, LLC Department of Transportation Memorandum February 3,2016 TO: Erik Jonson,Contracting Services Manager FROM: Schatzie Harvey,Agreement Compliance Audit Mana er SUBJECT: Tran Tech Engineering,LLC Indirect Cost Rate - for Fiscal Year Ended December 31,2015 We are accepting the Tran Tech Engineering proposed rate of 1 40.85%of direct labor for the above referenced fiscal year based on our risk assessment process. Tran Tech Engineering provided a FHWA Certificate of Final Indirect Costs indicating all costs included in the indirect cost rate schedule are in compliance with Federal Acquisition Regulations(FAR), Subpart 31.We did not complete a review for this finn. I lti Costs billed to agreements will still be subject to audit of actual costs,based on the terns and conditions of the respective agreement. This was not a cognizant review. Any other entity contracting with the finn:is responsible for determining the acceptability of the Indirect Cost Rate. If you have any questions,feel free to call me at(360) 705-7006,or via email at harveys rr,wsdot.wa.gov cc: Steve McKerncy File I i i • j. II • DOT f=orm 700-005 EF 1. Rovlaed 5199 155 Exhibit E Subconsultant Cost Computations CERTIFICATION OF FINAL INDIRECT COSTS TranTech, LLC Certification of Final Indirect Costs Firm Name:TranTech Engineering t1.G Indirect Cost Rate Proposal:140.86% 1 Date of Proposal Preparation(mmldd/yyyy):1/18/2016 Fiscal Perfod Covered(mm/ddlyyyy to mmlddlyyyy):mi2o15 to 1213112o16 1, the•undersfgnad, certify that I have reviewed the proposal to establish final Indirect cost rates for the rascal period as specified above and to the best of my knowledge and bellef.• 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.) 7"his proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CPR 31. Alf known material transactions or events that have occurred affecting the firm's ownership, organization and Indirect cost rates have been disclosed. 1'-- Signature: Name of Certifying Official"(Print):� Title: s 1 Le Date of Certification(mrn/dd/yyyy): i I *The"Certifying Official"must be an Individual executive or financial officer of the firm at a level l no lower than a Vice President or Chief f=inancial Officer,or equivalent,who has the authority to represent the financial information utilized to establish the indirect cost rate for use under Agency contracts. I Ref.FHWA Directive 4470.1A available on line at: httn:l/www.fhwa.dol.gov/legKe-g§/directiyeslordersi44701 a.litm • t O/H Certification;Nov 2010 15 Exhibit E Subconsultant Cost Computations CERTIFICATION OF FINAL INDIRECT COSTS AftkL Mayes Testing/Terracon Washington state Department of Transportation Memorandum August 11,2016 �f i TO: prigs Jonson,Contracting Services Manager FROM: Schatzie Harvey,Agreement Compliance Audit Ivlanager� SUBJECT: Terracon Consultants,Inc.Indirect Cost Rate for Fiscal Year Ended December 31,2015 Y: We accept the audit work performed by BKD CPAs&::Advisors related to the Terracon Consultants Indirect Cost Date for the above referenced fiscal year. BKD audited the Terracon Consultants indirect costs for compliance with Federal Acquisition Regulations (FAR),Subpart 31. Our office did not review their audit work. Based on our acceptance of the CFA's audit,we are issuing this memo establishing the Terracon Consultants Indirect Cost Rate for fiscal year ending;December 31,2015 at 191.26%of direct labor(rate includes 0.52%FCC K). Casts billed to agreements will still be subject to audit of actual costs,based on the terms and conditions of the respective agreement. This was not a cognizant review. Any other entity contracting with the fine is - responsible for determining the acceptability of the Indirect Cost Rate. If you have any questions,feel free to call me at(360)705-7006,or via email at hai-veys(@wsdot.Nya.Eoy. j Attachment `a cc: Steve lvlcKerney _ File ` is DOT Fmm 700-COS EF Revised 5193 Exhibit E Subconsultant Cost Computations CERTIFICATION OF FINAL INDIRECT COSTS Mayes Testing/Terracon Terracon Consultants, Inc. Statement of Direct Labor, Fringe Benefits and General Overhead Year Ended December 31, 2015 Nonallowable Allowable %of Direct Total Costs Costs Labor Direct Labor Terracon $ 125,408,107 $ 125,408,107 100.00% Overhead on Direct Labor Vacation,sick,holiday leave $ 20,079,221 $ 20,079,221 Payroll taxes 18,340,560 18,340,560 Group insurance 24,659,365 24,659,365 Workers'compensation insurance 2,878,396 2,878,396 Profit sharing/401(Ic) 7,463,678 7,463,678 73,421,220 73,421,220 58.55% General and Administrative Overhead Costs Indirect/administrative labor 95,236,758 $ (9,613,318)(1) 85,623,440 Travel expense 7,952,953 (1,979,886)(2) 5,973,067 Depreciation expense 3,455,896 3,455,896 Amortization expense 6,977,738 (6,977,738)(3) - Gain—sale of assets (95,557) (95,557) Rent—office 15,601,110 15,601,110 Insurance—general 2,839,641 2,839,641 Insurance—professional liability 7,208,260 7,208,260 Telephone 6,138,761 6,138,761 Lab expense and supplies 2,195,000 2,195,000 Supplies 3,989,264 3,989,264 Equipment repairs and maintenance 1,314,721 1,314,721 Fleet expense 2,850,721 2,850,721 Maintenance contracts 34,155 34,155 Licenses and taxes 784,467 784,467 Equipment rental 167,700 167,700 Property tax 257,733 257,733 Office expense 1,489,435 1,489,435 Printing expense 349,130 (71,511)(4) 277,619 Photocopy expense 1,376,129 1,376,129 Data processing 5,940,281 5,940,281 Utilities 2,333,761 2,333,761 Building repair and maintenance 3,340,269 3,340,269 Provision for doubtful accounts 422,806 (422,806)(5) - Dues and subscriptions 1,931,253 (58,062)(6) 1,873,191 Client development 2,495,729 (1,465,110)(7) 1,030,619 Temporary office help 2,619,178 2,619,178 Freight/postage expense 774,009 774,009 Professional fees 1,767,701 (418,078)(8) 1,349,623 Donations 330,500 (330,500)(9) - Employee expense 2,423,700 (1,691,063)(10) 732,637 Health and safety 380,444 (25,300)(16) 355,144 Employee relocation 442,865 (52,172)(11) 390,693 Employee education and training 2,455,621 2,455,621 Interest expense 213,875 (213,875)(12) Recruiting fees and expense 602,035 - 602,035 Interest income (97,679) 97,679 (13) - Other income 78,071 (411,696)(I4) (333,625) Other expenses 835,686 420 (15) 836,106 189,414,120 (23,633,016) 165,781,104 132.19% Total Overhead $ 262,835,340 $ (23,633,016) $ 239,202,324 190.741/o See Notes to Statement of Direct Labor, Fringe Benefits and General Overhead 3 158 Exhibit E Subconsultant Cost Computations CERTIFICATION OF FINAL INDIRECT COSTS Mayes Testing/Terracon Terracon Consultants, Inc. Statement of Direct Labor, Fringe Benefits and General Overhead (Continued) Year Ended December 31, 2015 FAR References and Notes: (1) 31.205-1(f)(1-3) Marketing,lobbying and any labor associated with unallowable activities are unallowable. 31.205-27 Labor related to acquisitions is unallowable. 31.205-3 Labor related to Bad Debt Collection is unallowable. 31-205-6(b) Stock Options/Stock Bonuses are unallowable. 31-205-6(b) Certain payments to employees/officers made unallowable due to reasonableness. 31.205-6(g) Payments made for severance not pursuant to a formal policy are unallowable. (2) 31.205-1 Travel related to unallowable public relations and advertising costs. 31.205-1(f)(7) Costs of memberships in civic organizations are unallowable. 31.205-14 Entertainment costs are unallowable. 31.20546 Lodging,Meals,Per Diem in excess of GSA JTR Rates are unallowable. 31.20546 Auto Allowance is an unallowable expense. 31.205-5.1 Costs of alcoholic beverages are unallowable. (3) 31.205119 Costs for amortization of intangible assets and goodwill are unallowable. (4) 31.205-1 Cost for marketing materials-brochures and direct mail publications are unallowable. (5) 31.205-3 Estimated losses arising from uncollectible accounts receivable are unallowable. (6) 31.205-22 Lobbying costs,paid as a percentage of professional dues,are unallowable. (7) 31.205-1 Costs for promotional activities and trade shows are unallowable. 31.205-14 Entertainment costs are unallowable. (8) 31.205-27 Professional costs paid related to acquisitions and reorganization are unallowable. 31.205-41 Costs incurred related to Federal income taxes are unallowable. (9) 31.205-8 Contributions and gifts are unallowable. (10) 31.205-13 Costs for tickets shows/sporting events,picnics,parties are unallowable. (11) 31.205-35 Lump sum payments in excess of$5,000 are unallowable. (12) 31.205-20 Interest expense is unallowable. (13) 31.205-20 Interest income is unallowable. (14) 31.201-5 Credits related to allowable costs have been allowed. (15) 31.205-15 Costs of fines and penalties related to traffic violations are unallowable. 31.205-19(2)(vi) Key man insurance is unallowable. (16) 31.205-13 Costs of undistributed spot bonuses are unallowable. See Notes to Statement of Direct Labor, Fringe Benefits and General Overhead 4 159 Exhibit E Subconsultant Cost Computations CERTIFICATION OF FINAL INDIRECT COSTS Mayes Testing/Terracon Terracon Consultants, Inc. Notes to Statement of Direct Labor, Fringe Benefits and General Overhead December 31, 2015 Note 8: Facilities Capital Cost-of-Money Factor The cost-of-money rate has been calculated in accordance with FAR§31.205-10 using average net book values of equipment and facilities multiplied by the average treasury rate for the year ended December 31,2015. Equipment and facilities include fittniture and fixtures,computer equipment, software and leasehold improvements. The calculation is as follows: Average Book Value for 2015 $ 29,105,421 Average treasury rate 2.25% Cost of facilities capital $ 654,872 Direct labor base $125,408,107 Cost of facilities capital percentage 0.52% Note 9: Direct Cost Accounts The Statement of Direct Labor,Fringe Benefits and General Overhead schedule provides a detail listing of the direct cost accounts not included on the overhead pool. This list includes costs for subcontract labor, drilling equipment and supplies, depreciation,equipment rental,travel and environmental/well supplies. Note 10: Subsequent Events Subsequent events have been evaluated through the date of the Independent Auditor's Report, which is the date the financial statement was available to be issued. 10 160 ' � 8 Exhibit E Subconsultant Cost Computations Mayes Testing/Terraco Firm Nam": Terracoil C011SUItalItS, 111C. Indirect Cosi J?aje: 190,74% 1---Icilities C,'Pitfll Cost of Money: 0.520A Date of Preparalion: d to enablishfinal indirect 4) .411 cost used tv establishfinal indirecl eostsrales(71-0 olloivable in accordance wilh the FederalAcquisition Regulations(FAR)ofTitle 48, Code Title., Controllel- Vice President Date of Certification: June- 30. ?n 1 r, � 1G1 Exhibit 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. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY,the STATE, or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation,termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1)through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however,that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 1013012014 162 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 G-4 Certificate of Current Cost or Pricing Data Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 163 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of David Evans and Associates, Inc. whose address is 1115 West Bay Drive NW, Suite 301, Olympia WA 98502 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 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. David Evans and Associates, Inc. Consultant(Firm Name) ....ate `` J✓ r. � February 1, 2017 Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 164 Exhibit G-1(b) Certification of City of Tukwila I hereby certify that I am the: Q Senior Program Manager El Other of the City of Tukwila , and 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 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. Signature Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 165 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. H. 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. David Evans and Associates, Inc. Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 166 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal,to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or 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. David Evans and Associates, Inc. Consultant(Firm Name) February 1, 2017 Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 167 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 Tukwila 3 Bridges, Construction Mgt. * are accurate, complete, and current as of 1/31/2017 **. 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: David Evans and Associates, Inc. CES Puget Sound Region Manager Signature Title Date of Execution***: *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 168 Exhibit l 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: WSDOT Form 140-089 EF Exhibit I Page 1 of 2 Revised 1013012014 169 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary,LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached,the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution.LP, in consultation with FHWA,will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: WSDOT Form 140-089 EF Exhibit i Page 2 of 2 Revised 1013012014 170 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step I Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager.The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer.If the claim is not eligible for federal participation,payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim.After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. Agreement Number: WSDOT Form 140-089 EF Exhibit J Pagel of 2 Revised 1013012014 171 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: WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 1013012014 172