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HomeMy WebLinkAboutREG 2017-02-21 COMPLETE AGENDA PACKETTukwila City Council Agenda • ❖ REGULAR MEETING ❖ Allan Ekberg, Mayor Counci /members: • :- Joe Duffie • :- Verna Seal David Cline, City Administrator Kathy Hougardy • :- De'Sean Quinn Dennis Robertson, Council President Kate Kruller • :- Thomas McLeod Tuesday, February 21, 2017; 7:00 PM • Ord #2523 • Res #1906 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL a. Police Department awards. Mike Villa, Police Chief. PRESENTATIONS Life - saving medal awarded to Officer Dean Kolstad and Off=icer Jason Wollan. b. City of Tukwila 2016 Annual Report. Rachel Bianchi, Communications and Government Relations Manager. 3. PUBLIC At this time, you are invited to comment on items not included on this agenda COMMENTS (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. CONSENT a. Approval of Minutes: 2/13/17 (Special) AGENDA b. Approval of Vouchers c. Authorize the Mayor to sign a contract with R. L. Evans for health Pg.I care brokerage services in the amount of $50,000.00. [Reviewed and forwarded to Consent by the Finance Committee on 217117] d. Accept as complete the Crystal Springs Emergency Surface Water Pg.15 Repair Project (contract #16 -118) with Hoffman Construction, Inc., of Enumclaw; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $211,947.08). [Reviewed and forwarded to Transportation and Infrastructure Committee on 2114117] e. Boeing Access Road over BNRR Bridge Rehabilitation Project: Pg.23 1. Authorize the Mayor to sign Supplement #5 to contract #13 -161 Pg.29 for construction management design support with Jacobs Engineering Group, Inc., for the Boeing Access Road over BNRR Bridge Rehabilitation Project in the amount of $260,956.00. [Reviewed and forwarded to Transportation and Infrastructure Committee on 2114117] 2. Authorize the Mayor to sign a new contract for construction Pg.35 management services with Jacobs Engineering Group, Inc., for the Boeing Access Road over BNRR Bridge Rehabilitation Project in the amount of $1,524,293.83. [Reviewed and forwarded to Transportation and Infrastructure Committee on 2114117] (continued...) REGULAR MEETING Tuesday, February 21, 2017 Page 2 4. CONSENT f. Major Maintenance on 3 Bridges Project (Grady Way, Frank Zepp, and Pg.87 AGENDA Beacon Avenue): (cont.) 1. Authorize the Mayor to sign Supplement #3 to contract #15 -139 Pg.93 for construction management design support with David Evans and Associates, Inc., for the 3 Bridges Project in the amount of $138,410.22. [Reviewed and forwarded to Transportation and Infrastructure Committee on 2114117] 2. Authorize the Mayor to sign a new contract for construction Pg.125 management design support with David Evans and Associates, Inc., for the 3 Bridges Project in the amount of $423,116.68. [Reviewed and forwarded to Transportation and Infrastructure Committee on 2114117] g. Award a bid and authorize the Mayor to sign a contract with Pg.211 Marshbank Construction, Inc., for the South 144th Street Phase II Project in the amount of $1,883,895.03. [Reviewed and forwarded to Transportation and Infrastructure Committee on 2114117] 5. UNFINISHED Authorize the Mayor to enter into an Interlocal Agreement with Regional Pg.223 BUSINESS Animal Services of King County (RASKC) for animal control services. Please refer to 2113117 C. 0. W. packet. Q 6. NEW BUSINESS Discussion and consensus on Legislative House Bill 1999, relating to the Pg.225 makeup and composition of the Port of Seattle's Board of Commissioners. 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report Pg.233 d. City Attorney e. Intergovernmental S. MISCELLANEOUS 9. EXECUTIVE SESSION – Collective Bargaining – Pursuant to RCW 42.30.140(4)(a) – 90 minutes QPiease bring your Collective Bargaining notebooks. 10. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk (cTukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. IL— Tukwila Council meetings are audio /video taped (available at www.tukwilawa.gov) HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. PUBLIC COMMENTS At each Council meeting, members of the public are given the opportunity to address the Council on items that are not included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. SPECIAL MEETINGS /EXECUTIVE SESSIONS Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four -year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. COUNCIL AGENDA SYNOPSIS 11ilials --------------------------------- ITEmNo. Nleeliq Dale Prepared by -,I layor s rview (fot—lzcd remew 02/21/17 SB [—I Public I lea;-iq A It Date E] Other iA 11 ,g Date 02124117 SPONSOR ❑Council ❑yWayor [][-/,R ❑DCD ❑Finance DFire ❑TS EIP&R ❑Police ❑I)IV ❑Courl SI)()NS0R'1, Request the Council to approve a contract for services for the City's Health Insurance SUNINIARY Broker, the R.L. Evans Company for 2017. IiN, C.O.W. -,\,Itg. ❑ CDN Comm Finance Comm. Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. F] Parks Comm. F] Planning Comm. DATE: 2/7/17 CHAIR: SEAL RECOMMENDATIONS: SPONSCAR /AtxwN. Human Resources Department CONIMI'l-YFIF, Unanimous Approval; Forward to Consent Agenda on 2/21/17 COST IMPACT / FUND SOURCE . . ...... .. . ....... Fund Source: 2017 502 FUND BUDGET Comments: IMTG.DATE ITEM INFORMATION 4.C. 1S*FAFFSP()NS0It: STEPHANIE BROWN O1t1c11NA1.Ac,l N1)i\ Dx11--,: 02/21/17 Contract for City Health Insurance Broker Services Cx1*1:(3om, ❑ Discussion ,A Ii ,g Date D Motion llltg Date 2121117 � Resolution A It ,g Date E] Ordinance RIPS Date ❑ BidAward Ali Date [—I Public I lea;-iq A It Date E] Other iA 11 ,g Date 02124117 SPONSOR ❑Council ❑yWayor [][-/,R ❑DCD ❑Finance DFire ❑TS EIP&R ❑Police ❑I)IV ❑Courl SI)()NS0R'1, Request the Council to approve a contract for services for the City's Health Insurance SUNINIARY Broker, the R.L. Evans Company for 2017. IiN, C.O.W. -,\,Itg. ❑ CDN Comm Finance Comm. Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. F] Parks Comm. F] Planning Comm. DATE: 2/7/17 CHAIR: SEAL RECOMMENDATIONS: SPONSCAR /AtxwN. Human Resources Department CONIMI'l-YFIF, Unanimous Approval; Forward to Consent Agenda on 2/21/17 COST IMPACT / FUND SOURCE E X I I F N 1) 111) R I ? R I ?Q U I I t I ? 1) AMOUNT BUDGETED APPROPRIATION REQUIRED $50,000 $ $ Fund Source: 2017 502 FUND BUDGET Comments: IMTG.DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 2/21/17 Informational Memorandum dated 01/31/17 Contract for Services -R.L. Evans Company Minutes from the Finance Committee meeting of 2/7/17 City of Tukwila Allan Ekberg, Mayor TO: Finance Committee FROM: Stephanie Brown, Human Resources Director BY: Erika Eddins, Human Resources Analyst CC: Mayor Ekberg DATE: January 31, 2017 SUBJECT: Healthcare Broker Services Contract for R.L. Evans, Broker of Record ISSUE Execute a contract with R.L. Evans in the amount of $50,000 for healthcare brokerage services regarding the active employee and LEOFF 1 retiree plans in 2017. BACKGROUND The City of Tukwila's self-funded health insurance program was started in 1990. R.L. Evans has been our broker since that time, helping the City to manage the costs of both the retiree and active employee health insurance plans as well as negotiating competitive prices on Life, Long- term Disability, Stop-Loss Insurance and IRS Section 125 Plan services. DISCUSSION City staff have been pleased with the expertise and the high level of customer service that R.L. Evans has provided to us in the past and is confident that their ongoing service will assist the City in continuing to operate a cost effective and comprehensive benefits plan. A one-year guarantee for 2017 provides for a 2.6% increase over 2016 for an overall fee of $50,000. It is expected that any fees and commissions collected in 2016 will offset against the fees that occur in 2017. The contract expenses will be within 2017 budgeted amounts. RECOMMENDATION The Committee is being asked to approve the contract with R.L. Evans for Healthcare Broker Services and forward this item to the subsequent February 21 Regular Meeting Consent Agenda. ATTACHMENTS R.L. Evans Contract, Scope of Services and Method of Payment 3 El City of Tukwila Contract Number: • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City," and R.L. Evans Company, Inc., hereinafter referred to as "the Contractor," whose principal office is located at 3535 Factoria Blvd. SE Suite 120, Bellevue, WA 98006. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $50,000 per year at a rate of - 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2017, and ending December 31, 2017, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised December 2016 Page 1 of 7 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance I against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised December 2016 0 Page 2 of 7 B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimi nation Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. CA Revised December 2016 Page 3 of 7 VA 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this _ day of 1 20_. CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST /AUTHENTICATED: in Printed Name and Title: Address: 3535 Factoria Blvd., Suite 120 City Clerk, Christy O'Flaherty Bellevue, WA 98006 APPROVED AS TO FORM: Office of the City Attorney CA Revised December 2016 Rl Page 4 of 7 EXHIBIT A SCOPE OF SERVICES For Active and Retiree Plans The Scope of Services for this contract includes the following coverages or programs: MedicuKRx Ind ivNua Stop Loss Dental Third Party Administrative (TP/\) Services Vision Group Life 6t/\D&D and Dependent Life Long Term Disability (LID) IRS Section 125 Medical Reimbursement Plan HMO (Group Health Co'op) The following are representative of the basic services the BROKER will provide with respect tothe CITY'S benefit plans: l. Current Plan Review • Review in-force contracts, plans, benefit design • Review funding agreements • Review claims data and plan benefit design • Assist with reocv/u| contract negotiations 2. Bidding the In-Force Lines of Coverage • Prepare bid specifications for underwriters • Research insurance markets on CITY'S (Plan Sponsor's) behalf • Analyze proposals and make recommendations 3. Plan Administration • Evaluate current/prospective TPA`s • Assist with billing and eligibility problems • Assist with plan b'NuUudon • Monitor TPA for compliance with contract terms 4. Benefit Communiootion • Plan and organize employee meetings • Develop benefit summaries • Assist with preparation of Summary Plan Descriptions 5. Assist the City (Plan Sponsor) tn Comply with Federal Laws Impacting Benefit Plans • COBRA compliance • PP/\L/\compliance • TEPRAconup|iance • 0lP/\/\compliance CA Revised December 2016 Page 5 of 7 � � 6. Other Services * Act as an advocate of the participants and CITY in resolving difficult clairns and administrative problems • Meet, at least quarterly with Health Care Committee, and usdesired, with City representatives to discuss claims experience, administration services, cost containment ideas, benefit design, new programs and other employee benefit plan issues and pn`b|enno. • Assist in providing detailed annual financial accountings • Review and analyze claims data and make recommendations • Review industry trends and advise the City ofTukwila • Assist the CITY in strategic benefit planning • Other special projects agreud\obetwuentheClTYandDllOKEK CA Revised December 2O1S Page Gof7 EXHIBIT B. METHOD OF PAYMENT ACTIVE (4024) and RETIREE (5024) PLANS The Broker Commission Fee payable to R.L. Evans is $4,166.67 per month. This contract is not to exceed $50,000 in a year. The fee is reduced by any standard agent fees or commissions that R.L. Evans receives during the year and will provide a full accounting at year-end. CA Revised December 2016 Page 7 of 7 11 12 FINANCE COMMITTEE Meeting Minutes City Council Finance Committee February 7,2017- 6:15 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Verna Seat, Chair; Kathy Hougardy, Thomas McLeod Staff: David Cline, Peggy McCarthy, Vicky Carlsen, Stephanie Brown, Laurel Humphrey CALL TO ORDER: Chair Seat called the meeting to order at 6:23 p.m. I. PRESENTATIONS 11. BUSINESS AGENDA A. Contract: Health Care Broker Services Staff is seeking Council approval of a contract with R.L. Evans in the amount of $50,000 for healthcare brokerage services for active employee and LEOFF 1 retiree plans in 2017. R.L. Evans has been the City's broker since the inception of the self - funded health insurance program in 1990, and helps the City to manage costs and negotiate prices. Staff continues to be satisfied with the value and the quality of service provided by R.L. Evans and would like to renew the service through 2017 for $50,000, representing a 2.6% increase. Councitmember McLeod suggested changingthe language in the second recital to say "employees" instead of "citizens." He also requested that in the future staff conduct additional research to determine that the City is still getting the best quality service for the best value. The other Committee members agreed with these proposals. Staff agreed to return to Committee in the 4th quarter of 2017 with the additional research requested. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 21, 2017 REGULAR CONSENT AGENDA. B. Interlocal Agreement: Regional Animal Services of King County Staff is seeking Council approval of an interlocal agreement with King County Regional Animal Services (RASKC) for continued animal services for unincorporated King County and 24 contract cities. The City's 2012 contract with RASKC included a two-year extension which was approved by the Council last year and expires on December 31, 2017. The existing contract is currently under review by representatives of each of the member cities and by King County, and proposed changes are summarized in the memo. The Cost allocation method of 80% service usage and 20% population will remain the same. Since the Council was last briefed in 2016, the City of Kirkland has decided to withdraw and King County will be making program cost reductions to mitigate 50% of this impact. Tukwila's costs are estimated at $111k, about $6k lower than current budget. The final deadline for municipal approval of the intertocal agreement is June 1, 2017. A representative from RASKC will attend the Committee of the Whole to provide additional information. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 13, 2017 COMMITTEE OF THE WHOLE. 13 Im, COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initial, Meetin g Date Pre .pared by Mayor's rew . en, Council review 02/21/17 BG. t� F-1 Ordinance A/ g Date nBidAward Mtn Date EjPublicllearin ,g Ai g Dwe V - SPONSOR ❑ Council [:] Mayor ❑ [IR ❑ DCD E] Finance ❑ .Fire [:1 IT ❑ P&R [:]Police Z PIF SPONSOR'S The contract with Hoffman Construction of Enumclaw, WA is complete for the Crystal SUIMINIARY Springs Emergency Surface Water Repair. This contract completed permanent repairs to the collapsed surface water pipe within Crystal Springs Park. Unit price over-runs totaled $8,586.08. Council is being asked to accept and finalize the contract with Hoffman Construction in the amount of $211,947.08. Ri3A11FIWE'D BY cow mtg. ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/14/17 COMMITTEE C1 IAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COM1\111-j"'IF Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE ExPi,M)ITURE, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $211,947.08 $233,865.15 $0.00 Fund Source: 412 SURFACE WATER Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/21/17 ITEM NO. CAS NUMBER: STAFF SPONSOR: BOB GIBERSON 02/21/17 AGENDA I'll,"IMT]TIA" Crystal Springs Emergency Surface Water Repair Contract Completion and Acceptance Cxrl"("'()Ity ❑ Discussion ARS Date Z Motion At g Dale 02121117 F-1 Resolution A tg Date F-1 Ordinance A/ g Date nBidAward Mtn Date EjPublicllearin ,g Ai g Dwe [:1 Olb e r Ali ,g Date SPONSOR ❑ Council [:] Mayor ❑ [IR ❑ DCD E] Finance ❑ .Fire [:1 IT ❑ P&R [:]Police Z PIF SPONSOR'S The contract with Hoffman Construction of Enumclaw, WA is complete for the Crystal SUIMINIARY Springs Emergency Surface Water Repair. This contract completed permanent repairs to the collapsed surface water pipe within Crystal Springs Park. Unit price over-runs totaled $8,586.08. Council is being asked to accept and finalize the contract with Hoffman Construction in the amount of $211,947.08. Ri3A11FIWE'D BY cow mtg. ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/14/17 COMMITTEE C1 IAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COM1\111-j"'IF Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE ExPi,M)ITURE, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $211,947.08 $233,865.15 $0.00 Fund Source: 412 SURFACE WATER Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/21/17 MTG. DATE ATTACHMENTS 02/21/17 Informational Memorandum dated 02/10/17 State of WA Depart of Revenue Notice of Completion 16-118 Minutes from the Transportation & Infrastructure Committee meeting of 02/14/17 15 16 TO: FROM B': CC DATE: City of Tukwila Allan Ekberg, Mayor Transportation and Infrastructure Co Bob Gibersom, Public Works Director Dave Sorensen, Project WNmmager February 10, 2017 SUBJECT: Crystal Springs Emergency Surface Water Repair — Construction Project No. 91641206, Contract No. 10-110 Contract Completion and Acceptance ISSUE Accept contract aa complete and authorize release Vfretain8ge. BACKGROUND The Notice to Proceed for Contract NV. 16-118 with Hoffman COOS[nJCUOO. Inc. of EOUDlC|8VV. Washington was issued on October 3, 2016 for the Crystal Springs Emergency Surface Water Repoir- Construction. Maintenance staff was notified of pavement settlement within Crystal Springs Park and 51»' Ave S during the week of July 18,2O18.A collapsed surface water pipe was discovered with additional failure of the pavement and a sinkhole. The Mayor declared an emergency on July 21'2U18 and Council approved Resolution No. 1887. Frank CO|uCci0 Construction stabilized the emergency repair by filling the sinkhole, securing the utilities, and installing 8 bypass pipe. This construction contract with Hoffman Construction, Inc. provided permanent repairs. ANALYSIS Construction was physically completed on November 28'2U18. One no cost change order was executed for the contractor's convenience to allow substitute crushed surfacing top course granular material. The budget for the construction phase of the Crystal Springs Emergency Surface Water Repair ' Construction project vvag$233.805.15'inu|ud|nga15q600niingenoy'of which $8,586.08 was utilized to cover additional costs for pavement removal. Retainage of $1O.597.85is being withheld. Construction Contract Amount $203.361.00 Over-runs Total Amount Paid $ 211,947.08 RECOMMENDATION Council is being asked k}formally accept and authorize the release of the retainage. subject tO standard claim and lien release procedures, for the Crystal Springs Emergency Surface Water Repair - Construction Project YvithHoffrnon[:ODGtru[tiOn'|nc.inthefina|a0OOuOt[f $211'847.08 and consider this item on the Consent Agenda at the February 21, 2017 Regular Meeting. Attachment: Notice of Completion Contract No. 16-118 WAPW Eng\PROJECTS\A- DR Projects\Crystal Springs Emergency Surface Water Repair �91 mut\DocsmTC\lnfo Memo Crystal Springs Closeout 021017msb.clocx W. Date: 2/01/2017 STATA., Original ❑ Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 600247364 Name & Mailing Address of Public Agency Department Use Only City of Tukwila Assigned to: 6200 Southcenter Boulevard Tukwila, WA 98188 Date Assigned: ,UBI Number: 179 000 208 1 1 Notice is herebv eiven relative to the comnletion of contract or nroiect described below Project Name Contract Number Job Order Contracting Crystal Springs Emergency Surface Water Repair (91641206) 116-118 ❑ Yes V No Description of Work Done/Include Jobsite Address(es) Removing and replacing existing storm drain pipes and drainage structures, installation of new storm drain pipes and drainage structures, removing and replacing HMA roadway paving, removing and replacing cement concrete sidewalk, and site restoration. Federally funded transportation project? El Yes SK No (if yes, provide Contract Bond Statement below) Contractor's Name E-mail Address Affidavit ID* Hoffman Construction, Inc. lbrad@hofcon.com 1693970 Contractor Address Telephone # P.O. Box 845, Enumclaw, WA 98022 1360-825-9797 If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. [:1 Retainage Bond ❑ Contract/Payment bond (valid for federally funded transportation projects) Name: I Bond Number: Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted 10/12/16 1 10/13/16 111/22/16 1 Were Subcontracters used on this project? If so, please complete Addendum A. 56Yes ❑ No Affidavit ID- - No L&I release will be granted until all affidavits are listed. Contract Amount Additions + Reductions Sub-Total Sales Tax Rate 0 % (If various rates apply, please send a breakdown) Sales Tax Amount TOTAL $ 203,361.00 $ 8,586.08 $ 0.00 $ 211,947.08 U. I I • Liquidated Damages $ 0.00 Amount Disbursed $ 201,349.73 Amount Retained $ 10,597.35 NOTE: These two totals must he eaual TOTAL $ 211,947.08 Comments: Tax does not apply - Rule 171 Note: 'Fhe Disbursing Officer must submit this completed notice immediately after acceptance of the work done Linder this contract. NO PAYMENT SlIA1,1, BE MADE FROM RE'FAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Diane Jaber Email Address: Diane.Jaber@TukwilaWA.gov Department of Revenue Washington State Department of Public Works Section 40 Labor & Industries (360) 704-5650 Contract Release PWC@dor.wa.gov (855) 545-8163, option # 4 ContractRelease@LN 1. WA. GOV REV 31 0020e (10/26/15) F215-038-000 10-2014 Title: Fiscal Specialist Phone Number: (206) 433-1871 Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902-9450 publicworks@esd.wa.gov 19 Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit ID* Holmvig, Dewitt, Gallion $ Assoc, LLC 603162312 691914 Evergreen Concrete Cutting 601605667 681642 ICON Materials 601006854 687521 DGS Landscaping / The Hydroseeder 602321388 686609 Corliss Resources 602237779 680597 Olsen Electric 602696333 684890 Hoffman Construction, INC 600247364 693970 Corliss Resources 602237779 684647 For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. RE 6 1 0020e Addendum (10/26/15) F215-038-000 10-2014 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes February 14, 2017 -5.30 p.m. — Foster Conference Room, 630o Building Councilmembers: Kate Kruller, Chair; Joe Duffie, De'Sean Quinn Staff: Bob Giberson, Robin Tischmak, Steve Carstens, Laurel Humphrey CALL TO ORDER: Chair Kruller called the meeting to order I. PRESENTATIONS II. BUSINESS AGENDA A. Contract Comoletfon: Crvstal Sorinas,E Staff is seeking Council approval of cor Construction, Inc. in the amount of $21 Water Repair Construction Project. Th surface water pipe, pavement and sink orensen, Gail Labanara, IN mpletion and release of retainage to Hoffman 3 for the Crystal Springs Emergency Surface ject Frank Coluccio Construction Company stabiliz Construction provided permanent repairs. UN FEBRUARY 21, 2021 REGULAR CONSENT A onstructed emergency repair of a collapsed 3tal SpOngs Park and 51st Avenue South. The :he emergency repair and Hoffman IMOUS APPROVAL. FORWARD TO q DA. B. Bid Award: South 1441" Street Phase II (4:2"' Avenue'South — Tukwila International Boulevard) Staff is seeping Council approval to award a bid to Marshbank Construction, Inc. in the amount of$1.,8�3;895.o3 for construction of the South 144th Street Phase II Street Improvement Project. Marshbank was selected as the low bidder of five received, and the contract amount plus 150/0 contingency is within the total project budget of $2,248,000.00. This project will construct curb, gutter, sidewalk, bike lanes, pavement restoration, illumination, drainage and utility undergrounding from Tukwila International Boulevard to 42nd Avenue South as well as add a traffic signal. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 21, 2017 REGULAR CONSENT AGENDA. 21 22 COUNCIL AGENDA SYNOPSIS Meetin g Date PrePared by A Mayor'c revieiv,," Council retion, 02/21/17 BG ❑ Resolution Altg Dau, ❑ Ordinance Aft ,g Date ❑ Bid2bvard Al�g Dale ❑ Public Flearin ,g Altg Date ❑Other EJ Altg Date SPONSOR ❑ Council ❑ Mayor ❑ JIR ❑ D CD ❑ finance ❑ Fire ❑ 17' ❑ P&R ❑ Police Z PIV SPONSOR'S Council is being asked to approve the construction management design support SUININIARY Supplement No. 5 for $260,956.00 and a new construction management contract for $1,524,293.83 with Jacobs Engineering Group, Inc. for the Boeing Access Road over BNRR Bridge Rehabilitation Project. Jacobs was selected from three consulting firms. Construction management services will include project management, documentation, and inspection. The City is advertising construction bids on 2/15/17 and 2/22/17. Ri,1*viF\X11,1'I) BY ❑ cow mtg. [:] CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/14/17 COMMI'T'TEE CHAIR: KATE KRULLER RECOMMENDATIONS: Sll()N,SoR/ADNIIN. Public Works COMNIFI'll"E Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE Exi+'NIATURI," Rl?QUIRFD AMOUNT BUDGETED APPROPRIATION REQUIRED $1,785,249.83 $10,869,100.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 10, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/21/17 ITEMNO. 4.E. CAS N I 1XIBFIR: I STAFFSPONSOR: BOB GIBERSON � 010GINIU, A(;I,.Nt),x D,\'i'i�": 02/21/17 ITFNITITLE Boeing Access Rd over BNRR Bridge Rehabilitation Project Construction Management Contract and Supplement No. 5 with Jacobs Cxl'1�1(;()IZy ❑ Dircus.fion ARS Dale Z Motion Alig Date 02121117 ❑ Resolution Altg Dau, ❑ Ordinance Aft ,g Date ❑ Bid2bvard Al�g Dale ❑ Public Flearin ,g Altg Date ❑Other EJ Altg Date SPONSOR ❑ Council ❑ Mayor ❑ JIR ❑ D CD ❑ finance ❑ Fire ❑ 17' ❑ P&R ❑ Police Z PIV SPONSOR'S Council is being asked to approve the construction management design support SUININIARY Supplement No. 5 for $260,956.00 and a new construction management contract for $1,524,293.83 with Jacobs Engineering Group, Inc. for the Boeing Access Road over BNRR Bridge Rehabilitation Project. Jacobs was selected from three consulting firms. Construction management services will include project management, documentation, and inspection. The City is advertising construction bids on 2/15/17 and 2/22/17. Ri,1*viF\X11,1'I) BY ❑ cow mtg. [:] CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/14/17 COMMI'T'TEE CHAIR: KATE KRULLER RECOMMENDATIONS: Sll()N,SoR/ADNIIN. Public Works COMNIFI'll"E Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE Exi+'NIATURI," Rl?QUIRFD AMOUNT BUDGETED APPROPRIATION REQUIRED $1,785,249.83 $10,869,100.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 10, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/21/17 MTG. DATE ATTACHMENTS 02/21/17 Informational Memorandum dated 02/10/17 page 10, 2017 CIP Consultant Selection Scoring Matrix Jacobs Design Support Supplement No. 5 Jacobs CM Contract with Scope of Work and Fee Minutes from the Transportation & Infrastructure Committee meeting of 2/14/17 23 24 TO: FROM: BY: CC: DATE: City of Tukwila Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director Transportation and Infrastructure Commits A Bob Giberson, Public Works Director Steve Carstens, Senior Program Manager Mayor Ekberg February 10, 2017 SUBJECT: Boeing Access Rd over BNRR Bridge Rehabilitation Project Project No. 99410408 Construction Management and Design Support (construction mgmt.) Service Contracts ISSUE Approve two (2) contracts with Jacobs Engineering Group, Inc. (Jacobs). Contract 1 - Construction Management Design Support Supplement No. 5 to Contract #13 -161 and Contract 2 - Construction Management (new) contract for construction services related to the Boeing Access Road Bridge Rehabilitation project. BACKGROUND In October 2013 the City contracted with Jacobs to design the Boeing Access Road Rehabilitation Project. The City has completed the right -of -way certification, WSDOT has authorized the construction grant funding, and the project will be advertised for construction bids in mid - February. Staff recently performed a construction management consultant selection process and interviewed three firms. Jacobs was selected as the top candidate for the project due to their expertise, knowledge, and ability to provide the appropriately sized team for the project. These contracts with Jacobs will provide construction management services for the duration of the construction project. Note: For Contract 1, the City typically executes a contract with the Design consulting firm to provide on -call support for design services during construction. ANALYSIS The grant covers 80% of the project costs. The scope of work requires the consultant to provide all field work, testing, inspection, and documentation. It should be noted that the total estimated project costs are less than the budget amount. The estimated construction management fees for this project are a larger than normal percentage of the estimated construction costs due to the complex technical nature of the project and significant anticipated railroad coordination efforts. The total estimated project costs are well within the project budget. FISCAL IMPACt The budget for construction management and construction management design support are broken down as follows: Boeing Access Road Bridge Rehabilitation Contract Cost Budget Construction Management (Contract 2) $1,524,293.83 $1,124,000.00 Design Support CM Supplement No. 5 (Contract 1) 260,956.00 Estimate for Construction 8,558,100.00 9,745,100.00 Total $10.343.349.83 $10.869.100.00 RECOMMENDATION Council is being asked to approve Contract 1 - Supplement No. 5 to Contract No. 13- 161(e) with Jacobs in the amount of $260,956.00 and Contract 2 - a new contract with Jacobs for construction management services in the amount of $1,524,293.83 and to consider these items at the Consent Agenda at the February 21, 2017 Regular Meeting. Attachments: Page 10, 2017 CIP Construction Management contract and supporting documents Design support Supplement No. 5 and supporting documents WAPW Eng \PROJECTS\A- RW & RS Projects \Boeing Access Rd Bridge Rehab (99410408) \03 Consultant Selection \Info Memo Jacobs CM & Sup N5 021017 gl- M- sm.docx 25 26 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: M4|NT.|K8PACT: CITY OF TUKVVLA CAPITAL PROJECT SUMMARY 2017 to 2022 Boeing Access Rd over BNRRBridge Rehabilitation Project No. 3S41U4OO Rehabilitate the existing bridge with a 340' long concrete msteel bridge structure. |t will beOlanes and have a sidewalk on one side. The existing bridge is structurally and seismically deficient. Several pedestals are leaning, have concrete spalls, exposed rusty anchor bolts and reinforcements and some cracks. The existing railings do not meet current bridge standards. Type size, and location draft report (specifically required for bridges) was completed in 2005. Federal grant applications were submitted in 2008 and 2010 and the bridge rehabilitation was successful for funding in 2012 for federal bridge funds. A Public Works Trust Fund (PWTF) loan was rescinded in 2013. Maintenance will bareduced. Bridge will be rehabilitated in phases to allow continued traffic use. Federal bridge grant of $9,745,600 requires a 20% local match. A bond issue for the City match was issued in 2015 with the Interurban Ave S. FINANCIAL Through Estimated (in S000's) 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 1,249 104 1,353 Land (R/W) 100 100 Const. Mgmt. 1,124 1,124 Construction 9,745 9,745 TOTAL EXPENSES 1,249 2041 10,869 0 0 01 01 0 0 12,322 FUND SOURCES Awarded Grant 905 163 8,677 9,745 Proposed Grant 0 Fund Balance-Bond 344 41 2,192 2,577 Mitigation 0 201r-2022 Capital Improvement Program 10 27 W-P _0 cu co 0 E Q) _0 cz_ w c -E (U _0 .0 cu 0 U Q) > 0 a) 0 -C 0- 0. C: 0 _0 0 CU 0 E co 0 0 (U :3 a) ci -C CL x V) a) — 0) 0 w _0 Qu) c a) 0 (V > 0. x 4-; �S? w -r- aj (U _0 ra :3 m C 0 0 u E w o Q) = V� _0 V) a) E -c a) co o u 0 o 0 u V) (D V� E QJ a) IR W -C m Qj E c u 0 0 C) Q>) —N LC,, w 0 a) -0 w — u a) Q) (�n ti� — u u CU 0 _r_ m 0 c U V) a) .0 0 E U U- u E 0 S? 0- - , w 0 a) c U- V) V) 0 u C 0 0 0 0 C) V) rn rlj r-i N N x -zr Lr) -�o It ry) 0 u DO < 0 0 > (1) rQ 0) �.6 (1) w - 00 t co 0 0 Ln 0 0 Ln .c rf) r-i N rj a) a) r-4 00 m 1.0 r, 0 < LU F- I- r- r, Ln rn r., -q 00 k.0 =3 0 0 0 V) 0 C LI) c r4 H 1-1 r-I V) 0) Lf) �.D rl Lr) (,4 r.1 -4 r-i 00 0 Ln -0 0 (3) .— 0 0 0 C) 0 > a) M r4 r-I N N a) -0000000 0 c (Y) (N --I N rN C: 0 -C -LL) :3 cu w _0 co '0 m 0 0 0 C) - OD m :5 c cr Z) C M 0 0 M 00 < rn > m a) tD c 9� C C 0 M E o E m a 0 - C) 0 > cn co U- a- �(u — m - < W-P _0 cu co 0 E Q) _0 cz_ w c -E (U _0 .0 cu 0 U Q) > 0 a) 0 -C 0- 0. C: 0 _0 0 CU 0 E co 0 0 (U :3 a) ci -C CL x V) a) — 0) 0 w _0 Qu) c a) 0 (V > 0. x 4-; �S? w -r- aj (U _0 ra :3 m C 0 0 u E w o Q) = V� _0 V) a) E -c a) co o u 0 o 0 u V) (D V� E QJ a) IR W -C m Qj E c u 0 0 C) Q>) —N LC,, w 0 a) -0 w — u a) Q) (�n ti� — u u CU 0 _r_ m 0 c U V) a) .0 0 E U U- u E 0 S? 0- - , w 0 a) c U- V) V) M*wb- wit of Tonspwtadan Supplemental Agreement Organization and Address Jacobs Engineering Group Inc Number 05 600 108th Avenue NE Suite 700 Bellevue, WA 98004 Original Agreement Number 13-161 Phone: 425-452-8000 Project Number Execution Date Completion Date 99410408, BHM- 1380(003) 0/10/2013 12/30/2018 Project Title LNew Maximum Amount Payable Boeing Access Road Over BNRR Bridge $ 1,331,513.00 Description of Work This supplement is for providing design services during construction of the project. Detailed scope and fee for the services are attached. The Local Agency of City of Tukwila desires tosupplement the agreement entered into with Jacobs Engineering and executed on 10/)0/201] and identified as Agreement No. 13-161 All provisions in the basic agreement remain in effect except ao expressly modified by this supplement. The changes ho the agreement are described aofollows: Section 1. SCOPE OF WORK, is hereby changed horead: See 2ffiqched Exhibit A-] for Supplernent 5 Scope of Work AU Section IV, TIME FOR BEGINNING AND COMPLETION, isamended to change the number of calendar days for completion of the work to read: Time, for completion is revised to December 31 ?019 |U> Section V, PAYMENT, shall be amended as follows: Total pa)�ment will he increased h�4 �?60'956 00 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. R11111111"1071 M1, rel',MkILMLToToXlraranu&ToukvAr.I 0 DOT Funn 140-063 Er Revised 9/2005 Consultant Signature Approving Authority Signature Date City of Tukwila Construction Support Project Objective and Project Description This project will provide preliminary and final design and construction engineering services to the City of Tukwila (CITY) for the rehabilitation of the South Boeing Access Road over BNSF/UPRR Bridge. The Boeing Access Road Bridge, originally constructed in 1944 and widened in 196S, is a five span bridge, three steel girder spans and two concrete T-beam spans, supported on concrete piers founded on H-pile foundation. The project will be accomplished in the following three phases: Phase 1 — Bridge Rehabilitation Alternatives Evaluation Phase 1 of the project is to assess bridge conditions and identify its deficiencies by conducting an in- depth bridge inspection. Seismic analysis will also be performed to identify seismic vulnerability of the bridge under current AASHTO design level earthquake (1,000-year return period). The findings and recommendations, along with associated costs, will be summarized in a Design Report. Phase 2— Final Design (PS&E) Upon approval of the Design Report by the CITY, the final construction documents (PS&E) will be prepared for the retrofit measures recommended and selected in Phase I. The final design and the construction PS&E documents will be prepared in accordance with the City and WSDOT standards. Phase 3 — Construction Support The CONSULTANT will assist the CITY with design services during construction of the Boeing Access Road over BNRR Bridge and preparing bridge load rating analysis after completion of the bridge construction. The details nf the tasks are described below. Project Schedule The preliminary project schedule will be developed upon notice to proceed for the project and updated as changes occur. The anticipated major milestone dates are: Phase 2: Tobecompleted January 2016 Phase 3: Notice tnProceed February 2017 Ad for Construction February 2017 Construction begin March 2017 Construction completion April 2018 JACOBS Scope of Work (Continued) PHASE 3 - CONSTRUCTION SUPPORT 1. PROJECT MANAGEMENT The CONSULTANT shall provide continuous project management and administration of services under this agreement. This work element includes preparing monthly invoices and progress reports, including the status of individual work elements, number of meetings attended, change management status, outstanding information required and work items planned for the following month. The CONSULTANT's Project Manager shall maintain communication with the COUNTY's Project Manager and the CONSULTANT's Project Team via meetings, telephone discussions, emails and other means necessary. An FTP site may be used for file transfer. The CONSULTANT's project manager shall provide direction to the project team including subconsultants supporting this project. Assumptions: The project management for this phase is assumed for 16 month; CONSULTANT may provide services beyond this duration as requested by COUNTY and within limits of available budget. The construction phase is anticipated to be approximately 16 months. Headlight system will not be used in this Construction Support service. Deliverables: • Monthly Invoices and Progress Reports (up to 16) • Meeting minutes 2 ENGINEERING SERVICES DURING CONSTRUCTION 2.1 Attending Pre - Construction The CONSULTANT shall attend the pre- construction meeting prepare to answer any questions from the Contractor or the City regarding the construction. Deliverables: ■ Meeting notes and comments associated with the meetings. 2.2 Construction Coordination and Field Visits The CONSULTANT shall attend the construction coordination meetings and visit the site as requested by the CITY and /or required for clarification of construction - related issues or review of unusual or unanticipated conditions. Assumptions: ■ The scope of this task is based on attending monthly basis, an initial estimate of up to 16 site visits. Deliverables: • Meetings /Site visit reports (up to 16) • Technical memorandum regarding constructability issues or field revisons. SOW BAR DSDC 2017.01.09 31 JACOBS Scope nfWork 2'3 Response to Contractor's RFI's The CONSULTANT shall review and respond to Requests for Information (RHd throughout the construction period when requested by the CITY. Coordination and follow-up efforts will be provided to ensure a timely review. CONSULTANT shall maintain a log of RFI's showing the level of efforts required for each and the log will be available for the CITY asrequested. Assumptions: • The scope of this task is based upon oninitial estimate ofupto100RFI'sotfour(4) hours per RFI. • The Contractor ismsponsiblefor updating design record drawings to reflect responses to RR's with redlines on record set. As-built plans will bp prepared based on these changes o/ the end 4/ construction by the CONSULTANT os specified /n Section 4.2ofthis Scope. . Deliverables: • Responses 1oRR's (electronic files) • RH'sLog 2.4 Shop Drawings 0kConstruction Submittals Review The CONSULTANT shall review the construction shop drawings and other Contractor submittals at the request of the CITY for general conformance with the Contract Plans and Specifications. All reviewed shop drawings and submittals will be returned with shop drawing stamped indicating appropriate action. Assumptions: • The scope of this task is based on an initial estimate of up to 50 submittals at 10 hours per submittal. • The Contractor isrcspons/b/r/br updating design record drawings to reflect any changes /nthe submittals with redlines on record set. As-built plans will be prepared based on these changes ot the end of construction by the CONSULTANT as specified in Section 4.2 of this Scope. Deliverables: • Reviewed shop drawings and submittals (electronic files unless requested otherwise) • Submittal Log 3 Environmental Compliance (Widener & Associates) 3.1 NPIDES Compliance The CONSULTANT shall provide weekly NPDES oversight to assure the Contractor compliant with the NPDE5 permit throughout the construction duration. Assumptions: 0 The scope ofthis task is based on24'munth construction duration. Deliverables: M Weekly Inspection Reports submitted to the DOE and copies to the City. 4 POST-CONSTRUCTION SERVICES 4.1 Bridge Load Rating Report The CONSULTANT shall complete the bridge load rating analysis based on the as-built conditions and SOW BAeoSDC 2017.01.09 Scope of Work (Continued) prepare the bridge load rating report, including the summary sheet, in accordance with the current AASHTO Manual for Bridge Evaluation and WSDOT BDM and Bridge Inspection Manual. Assumptions: • The CITY'S CM Team will provide the bridge as -built drawings. • Bridge load rating will meet the new FHWA's SHV rating requirements. Deliverables: • Bridge load rating analysis reports (Two (2) hard -copy sets of the load rating, including load rating summary, analysis report, and other calculations (prepared in 8 YZ" x 11" sized, "D" ring, "Quick Fit Brand View Binder ") • Bridge Load Rating Summary (signed and sealed by a P.E. licensed in the State of Washington) • One (1) complete electronic file of the hard -copy set in PDF. • Posting /uploading of the load rating report into the WSBIS software once approved by the City. 4.2 As -Built Drawings The CONSULTANT shall prepare as -built plans at the substantial completion of the project based on the information provided by the Contractor and the Construction Management Team. All the changes occurred during construction will be shown in clouds with revision blocks on the original design files. Assumptions: ■ The Contractor and /or Construction Management Team will provide the as -built information, including all the design changes during construction in the field, in a single set of redline plans. Deliverables: ■ As -Built Plans (2 hard copies and AutoCAD files in CD) SOW BAR DSDC 2017.01.09 33 EXHIBIT E -2A Supplement No 4 City of Tulkwila JACOBS Fee Proposal South Boeing Access Road Bridge Rehabilitation Project - Design Services During Construction Task Description Project Manager Sr. Str. Eng. Sr. Civil Eng. Des. Eng. CADD Contract Admin Non- Project Admin Jacobs Total Hours Jacobs Cost by Task Sub - consultant 1 Project Management & Admin. 144 0 16 24 0 4 16 204 $17,200 o '' "�r�>rdirl rl ra (u,,4wne 16 rnorr2)s) 1110 16 21 4 L24 I' rr r - par:ir :r /Ir r nre : (4 16 ,fill 2 Engineering Services during Construction 88 130 92 878 80 0 0 1,268 $57,651 2 1 A7' unGzrrrrl lam (oor ,,truction Nh rUmq S 6 6 20 ? 2 101 64 1h 10 100 � 7 1?6,,(rnww to (misurt r 100) 50 50 00 100 1.4 3hOP drtr.vir, ✓is & COI itrt+C(r O 1,WY i 101 rr.✓iOV, ( rrr- re 50/ Ro 20 400 ! >00 3 Environmental (Widener & Associates) 0 0 0 0 j 0 0 0 - $44,718 ( own trur icon .upoo't (N('DF F 1, <pemo, r 14 romal —J 4 Bridge Load Rating(TranTech) 8 0 0 76 40 0 0 124 $4,999 7 1 1 "ma! (Frrctq l.arxrt / ir',nr1 (Rru l rich} .1 16 20 $10,000 (; f:prrlld t P 8 t d,l " f ' s /or ItCCnld 4 60 40 104 Total Hours 232 130 108 902 80 4 16 1,472 Billing Rates - Negotiated Hourly (Estimated) $236.27 $155.00 1 $177.82 1 $79.61 $93.44 $11681 1 $58.40 JACOBS Total Direct Labor $79,850 $54,718 Overhead (103.61% of Direct Labor) $81,733 Fee (30% of Direct Labor) $23,955 TOTAL LABOR COST $ 186,538 54,718 Direct Expenses (mileage, mailing, etc.) $1,000 Contingencies (10 %) $18,700 Sub -total $ 206,238 TOTAL $ 260,956 Assumptions The budget is based on "cost +fixed fee" method. Mileage are paid at current federal allowed rate. The project duration is assumed for 16 months C: Userslkimksl0esktop7ukwila BoeinglScopingOSDCZoeing Access Road Br_ DSDC draft_ 201701.09 34 11912017 Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba's): Jacobs Project Management Co Address Federal Aid Number 600 - 108th Ave NE Suite 700, Bellevue WA 98004 Sub-consultant Cost Computations UBI Number Federal TIN or SSN Number 602-802-387 35-2321289 Execution Date Completion Date Lxhibit l June 1, 2018 1099 Form Required Federal Participation Project Title Boeing Access Road Bridge Rehabilitation Project Description of Work Provide construction inspection and management services for the Boeing Access Road Bridge Rehabilitation project [:] Yes No DBE Participation Total Amount Authorized: $1,524,293.83 F� Yes No MBE Participation Management Reserve Fund: $0.00 Yes No WBE Participation Yes No SBE Participation Maximum Amount Payable: $1,524,293.83 Index of Exhibits Eshibit/\ Scope ofWork Lxhibd� DBE Participation Eshibh[ Preparation and Delivery o[ Electronic Engineering and Other Data [sbiHtQ Prime Consultant Cost a ExhiNl[ Sub-consultant Cost Computations Exhibil F Title VlAssurances EzbiNiG Certification Documents EdhiN! K Liability Insurance Increase Lxhibit l Alleged Consultant Design Error Procedures Lxhibil ] Consultant Claim Procedures Agreement Number Loca AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 311112016 Page YoyY4 THIS AGREEMENT, made and entered into ua shown in the "Execution Date" box on page one (1)nfthis /\ORI"EMEN1[ bctv/ccn the City of Tukwila ` herelnafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this /\GR£EMENl[ hereinafter called the ''C()N8i]L[AN1[" Wf IEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one o[ 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 CONSULTANTto provide the necessary SERVICES; and VVHERE/\S, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified u willingness io 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: D. 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 e|ncvvhcre in this AGREEMENT. UK. General Scope of Work The Scope of Work and projected |evc|nfeffodrcquirodfbrihescSERVlCESisdcacribcdiuExhiNt''/t" attochcd hereto and hv this reference made u part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. UUU. 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 nncodngs with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals aa may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to nnccdngs requiring CONSULTANT participation. The nniuioounn required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare u monthly progress report, in n fbnn 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 uo that the progress ofthe SERVICES can cuai|y be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY mhui| comply with all Federal, State, and local |avva, rules, codes, regulations, and all AGENCY policies and directives, applicable 1n the work to be pc,D)rnucd 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 3nft4 Revised 311112016 Participation for Disadvantaged Business Enterprises (0BE) ocSmall Business Enterprises (3BE) if required, per 49CFR Part 26` shall bc shown on the heading of this AGREEMENT. lf DBE firms are utilized otthe 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 P,innc CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY`a"DBE Program Participation Plan" and perform unoiuinuurn of30%of the total amount of this AGREEMENT. It is rcconnnncudcd, but not required, that non-DBE Prime CONSULTANTS per[b,ou o minimum of30%of the total unnouoto[ this AGREEMENT. The CONSULTANT, on xrnonih|f 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 ofElectronic Engineering and othcr[>n1a." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to cornpletion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property ofthe AGENCY. Reuse by the AGENCY orby 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: Name: Steve Curnten, PE Agency: City of Tukwila - Public Works Dept Address: h3U0Southccn1crBoulevard City: Tukwila State: VV& Zip: 90188 Email: Steve. Carstens {�Tukv/i|uVV/\. gov Phone: (206) 431-2446 (ext 1646) Facsimile: 206'431-3665 IV. Time for Beginning and Completion |ftoCONSULTANT: Name: Jay Rueter Agency: Jacobs Project MunugcmnontCn Address: 600 ' |00th Ave NE, Suite 700 City: Bellevue State: WA Zip: 98004 Email: 'ay.h acobs.comn Phone: 425-990~6854 Facsimile: N/A The CONSULTANT shall not begin any work under the icrn`e of this AGREEMENT uod| authorized in writing bv 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 [(}N8UL]ANl[ /\ prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: LosdAgeocyA8EProfesaional Services Cost Plus Fixed Fee Consultant Agreement Page 3of14 Revised 311112016 V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered Linder this AGREEMENT um provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all |uhoc nuu1eriu|u, supplies, equipment, and incidentals necessary (ocomplete SERVICES, specified io Section ll, "Scope of\4ork" The CONSULTANT shall conform 10 all applicable portions n[48CPQ Part 3l (\�n ). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits ^`D" and ^'E" and hy this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall he on the basis of the CONSULTANT'S actual cost plus afixed fee. The actual cost shall include direct salary cost, indirect cost ruic and direct non-salary costs. |. Direct Labor Costs: The Direct Labor Cost is the direct salary paid k/ principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to [x|fiU the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. Indirect Cost Rate (ICR) Costs: lCRCosts are those costs, other than direct costs, which are included as such onthe books of the CONSULTANT in the normal everyday keeping nf its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total |CQ payment shall bc based on Actual Costs. The AGENCY agrees tn reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with a|| other Actual Costs. A Summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E7`, attached hereto and b« this reference made part of this /\(|QEEMfNl[ 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 lCl{rate for billings received and paid during the fiscal year represented hythe lCBschcdu|c. 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 oo1uu| rate. The ICR schedule will be Failure to Supply this information by either the prime CONSULTANT or any of their sub-consultants abuU cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information ia received and uu overhead rate for billing purposes isapproved. The /\(]EN[y`a Project K4unugorund/orthe Federal Government may perform on audit ofthe CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they aodesire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed u1 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-conSLI]tants. Air or train travel will hc reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT oba|| comply with the rules and regulations regarding travel costs (excluding air, train, and ccntu| car costs) in accordance with WSD()T`s Accounting Manual M l3-82, Chapter |0— Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFEl) Part 3|.2O5-46 "Travel Cus1y." The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PB[)]E[l[ The CONSULTANT shall maintain the original supporting documents io their office. Copies of the original supporting documents shall bc supplied to the AGENCY upon request. All above charges must bc necessary for the services provided under this AGREEMENT. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4of14 Revised 311112016 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 o[ Work defined in this AGREEMENT and the estimated person-hours required kz perform the stated Scope nyWork. ln the event the CONSULTANT enters into o eupp|onucntu| AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will beprorated 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 o[ the Fixed Fee earned but not previously paid iu the progress payments will be covered iuthe final payment, subject tn the provisions uf Section /X entitled "Termination of/\grccrnonL" Management Reserve Fund : The AGENCY may desire to establish MRFk> provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for u|/oxm6|c unforeseen costs, or reirnbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such ou1horizotion(a)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 MRFim shown in the heading of this AGREEMENT. This fund may not bereplenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." Maximum Total Amount Payable: The Maximum Total Amount Payable b« the AGENCY tothe CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this /\(]RE£MBNl[ The Maximum Total Amount Payable is comprised of the Total Arnount Authorized, and thcM8[ The Maximum Total Arnount Payable does not include payment for Extra Work as stipulated in Section >{l||, ^'Ex1,u \4ock." No nuininnunn 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 lC}t and calculated fee nou monthly basis during the progress o[ the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section lll, "General Qoquircnnents"o[ this AGREEMENT. The billings will bc supported byunitemized listing for each item including Direct (R/\W) Labor, Direct Non-So|ory,and u|lovvub|e lCR Costs towhich will bc added the prorated Fixed Fee. Tb provide u means ofverifying the billed Direct (R/\VV) Labor costs for CONSULTANT employees, the AGENCY may conduct cnnp|nyec interviews. Tbcac interviews may consist of recording the uan)ca, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT o1 the time ofthe interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will bemade promptly upon its verification bv the AGENCY after the completion oF the work under this AGREEMENT, contingent, if applicable, upon receipt n[all PS6tE, plans, maps, notes, reports, electronic data and other related documents which are required tobc furnished under this AGREEMENT. Acceptance o[ Such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY uo|cas such claims are specifically reserved in v/ddng and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, bcu bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect io such claims. The payment ofany billing will not constitute agreement aato the appropriateness of any item and u1 the time of final audit; all required adjustments will be made and reflected in a final payment. |n 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 u waiver bythe CONSULTANT for any c|uinom relating tnthe validity ofafinding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process 10 the AGENCY for audit findings. Agreement Number: LocalAgencyA8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5uf14 Revised 311112016 D. Inspection of Cost Records: The C(XNBOlJANT and their sub-consultants shall keep available for inspection by representatives o[ the AGENCY and the United States, for aperiod of six (b) years after receipt of final payrncuL the cost records and accounts pertaining to this AGREEMENT and all i1cnns related to or bearing upon these records with the following exception: if any litigation, c|uion nr audit arising out of, in connection with, or ,c|u1td to this AGREEMENT is initiated before the expiration of the six (0) year period, the coat records and accounts shall be retained until sucb litigation, claim, or audit involving the records is completed. An interim oc post audit may be performed oo 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 Munugcc V1. 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-uonmu|tun{, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based nn the cost factors shown on Exhibit '^[" 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 rote, direct non-salary costa 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 ahu|| contain all upp|irub|c provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, tm abide by the terms and conditions of this AGREEMENT. With respect to sub-conSUItant payment, the CONSULTANT shall comply with all applicable sections of the SIATE`a Prompt Payment laws um set forth inRLCW39.04.250 and RCW39.7h.0l|. The CONSULTANT, sub-recipient, or sub-consultant aba|| not discriminate on the basis of race, color, uodonu| origin, or sex io the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure hythe CONSULTANT to carry out these requirements is u noo1e,io| breach of this AGREEMENT, vvbicb may result in the termination of this AGREEMENT ocsuch other renocdyoo 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 ubona fide cnop|oycc working xoic\y for the CONSULTANT, 1n solicit orsecure this contract, and that it has not paid or agreed 10 pay any company o, person, other than u 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 nf 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 clairns that may arise under any Workmen's Agreement Number: LocalAgencyA8E Professional Services Cost Plus Fixed Fee Consultant Agreement PagVof14 Revised 311112018 Compensation Act oo behalf of said employees mother persons while m 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 wf the CONSULTANT. The CONSULTANT shall not engage, onu full- or part-time basis, or other basis, during the period o[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. Vi80~ Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for dae|[ its assignees, sub-consultants, " Title l/lof the Civil Rights Act of}gh4 (42 U.S.C. Chapter 21 Subchapter V§2000d ° Federal-aid Highway Act of|973 [2] U.S.C. Chapter § 324) • Rehabilitation Act of|973 (29 U.S.C. Chapter |6 Subchapter V87g4) • /\&c Discrimination Act of 1975 (42 U.S.C. Chapter 76 8 6101 ni seq.) ° Civil Rights Restoration Act of|907 (Public Law l00-259) ^ American with Disabilities Act of|990 (42 U.S.C. Chapter l208 12101 el. xog) ° 23CFpL Part 200 ° 49CPR Part 2l ° 49[FQ Part 2h lu relation to Title lqo[ the Civil Rights Act of|904, the CONSULTANT io bound 6v the provisions nf Exhibit "F" attached hereto and b» this reference made part of this AGREEMENT, and shall include the attached Exhibit '^F" in every sub-contract, including procurement of materials and leases ofequipment, unless exempt hythe Regulations ur directives issued pursuant thereto. IX, Termination of Agreement Iho right is reserved by the AGENCY 0o terminate this AGREEMENT at any time with or without cause upon bru (10) days written notice to the CONSULTANT. In the event this AGREEMENT isterminated by the AGENCY, other than for default onthe 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 bemade for any SERVICES completed after ten (l0days 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 he due when computed as set fhnb in paragraph two (2) of this section, then no final payment sbo|| be due and the CONSULTANT o6ul| immediately reimburse the AGENCY for any excess paid. l[ the services of the CONSULTANT are terminated by the AGENCY for default on the part ofthe CONSULTANT, the above formula for payment shall not apply. |n the event nfa termination for default, the amount tohc paid no the CONSULTANT shall bcdetermined 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 Revised 311112010 Page 7 of 14 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 ut the time oftermination. Under no circumstances shall payment rnade 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 bc4 termination for the convenience o[ the AGENCY. |n such un event, the CONSULTANT Would bcreimbursed 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 mernber, partner, or officer of the CONSULTANT orthe death nr change of any o[ the C0NS[TL[ANT`e supervisory and/or other key personnel assigned 10 the project ordisuffi|iationofuoyprincipu||y involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event ofthe su|c or transfer nf5OY6or more of the beneficial ownership of the CONSULTANT within l5 days o[ Such sale or transfer occurring. The CONSULTANT shall continue tobe 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 tcrnn(s) of this AGREEMENT. If termination for convenience Occurs, final payment will be made to the CONSULTANT ua set forth in the second and third paragraphs o[ this section. Payment for any part ofthe SERVICES by the AGENCY shall not constitute a waiver hy tile AGENCY o[ any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, nr for failure of the CONSULTANT tnperform SERVICES required ofitby the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect 10 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 bcconsidered as Extra Work and will bc paid for uu herein provided under section X||l "Extra Work." X1, Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within iO days 10 the Director of Public Works oc AGENCY Engineer, whose decision io the matter shall be final and binding nn the parties of this AGREEMENT; provided however, that ifon action iu 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" lo the event that either party deem it necessary to institute |cgu| action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court nfthe State of Washington, situated in the county in which the AGENCY islocated. The parties hereto agree that all questions shall bcresolved 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 ofthe Superior Court of the State ofWashington, si1uated in the county in which the AGENCY is located. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8oyY4 Revised 311112016 XKU, 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 perD>oncd under this AGREEMENT. This AGREEMENTshall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANTshall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and ennp|nyceo harmless from all c|oinny, demands, or suits at law o,equity arising in whole orin part from the negligence of, orthe breach of any obligation under this AGREBMENTby, the CONSULTANT o,the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be |cgu|/y liable; provided that nothing herein ohu|| require u CONSULTANT to defend or indernnify 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 |cgu||y 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 he legally liable. This provision shall bc included inany AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT mhu|| also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all u|ainna, dcrnunde, or suits at |uvv or equity arising in r/bo|c or in pad 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 |e&o||y liable, in performance of the Work under this AGREEMENT or arising out ofany use in connection with the AGREEMENT of methods, processes, designs, information or other iterns furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity mbu|| not apply to any a||cQcd patent orcopyright iufiingerncnt or other allegedly improper appropriation oruse 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 bythe C()NS\]LJ7\NlL its agents, employees, sub-consultants, subcontractors orvendors, of any tier, or any other persons for whom the CONSULTANT may bc 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 8nucd or other tribunal, the AGENCY may, in its ao|c 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 QCW; or any similar statute involving the CONSULTANT in the procurement o[ or performance under, this AGREEMENT. The CONSULTANT specifically aasu,nca potential liability for actions brought bythe C0N80L][ANT`x 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: Loce AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9oft4 Revised 311112016 Unless otherwise specified in this AGREEMENT, the AGENCY aboU be responsible for administration of construction contracts, if any, on the project. Subject 0n the processing ofu new sole source, ocuuacceptable 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, o,any construction contractor's failure toperform 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 nnininuurn limits of one million dollars ($|,OUO,O00.00) per occurrence and two million dollars ($2,00O,0OO.O0) inthe aggregate for each policy period. C. Business auto liability insurance written under ISO Form C(;000| 10 01 oc 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 no all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the ^^/\ls`l, with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contribu1oryand any coverage maintained by the /\lm shall bc 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 /\/a. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require cnnop|c1c, certified copies of all required insurance policies ut any time. All insurance shall be obtained frorn 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 Agency: City of Tukwila -puh|icWorknT]ent Address: 630O8outhccoterBoulevard City: Tukwila State: W/\ Zip: 98188 Email: Stcvc.CurmtcoagTukv/i|oW/\.gov Phone: (206)431-2440(cxt1646) Facsimile: 206'431-3665 No cancellation of the foregoing policies shall be effective without thirty 80days prior notice to the AGENCY. The C(}N8L]LT&NT`a professional liability to the AGENCY, including that which may arise in nctercocc 10 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 C(JNSDlJ[ANT`apnofeaaiooa| liability to third parties be limited in any way. Agreement Number: LocalAgencyA8EProfessional Services Cost Plus Fixed Fee Consultant Agreement Page YpofY4 Revised 311112016 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/N(]ENCY will pay no progress payments Linder section \/ "Payment Provisions" until the CONSULTANT has fuj/I 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 o[ this AGREEMENT, or otherwise in |avu X111. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT ia the SERVICES tobeperformed. U. If any such change causes an increase or decrease in the estimated cost of, or the tirne 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: (|) onuxinounn amount payable; (2) delivery or completion schedule, or both; and (3) other affected tcona and abo|| modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable u/6umtmncnL" hereafter referred to as "CLAIM," undcrtbiac|auacvvithinthidy(30) duyafinrn1hcdutcofreoeip1ofthcvvdttenoo]cc However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment nf this AGREEMENT. D. Failure to agree to any adjustment aba|| be a dispute under the section }{l '^Qispu1ca" clause. However, nothing in this clause ahu|| czrusc the CONSULTANT from proceeding with the AGREEMENT oa changed. B. 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. XUV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished 6vthem. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES inprogress. XVU, 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 ^`(]-3" is required only ioAGBEEMENT"o 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 beexecuted 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 Y1off4 Revised 311112016 F, R XVQU~ Complete Agreement This docunnen1und 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 bvmr be liaHe for, any staternent, 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 on original having identical lcQu| 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 bf 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 AGREEMENTor its performance may consist of information that is exempt from disclosure Cothe public oc other unauthorized persons under either chapter 42.56 RLCVV or other local, state or federal a1o1uteo /^'Stutc`o Confidential |nfhono1ioo`l The ^^Siutc`s Confidential lofhnmo1ion" includes, but is not limited to, names, addresses, Social Security numbers, e-rnail 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, SI/{rE and AGENCY non-publicly uvui|oh|c data, proprietary software, State security data, or information which may jeopardize any part of the project tbutrc|ntcato any of these types nf information. The CONSULTANT agrees to hold the Stu1o`x 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 /\GREEMEN1[torc|cuse 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 kuov/o to any other party without the /l(]ENC`/`s express written consent oruaprovided by |uvv. The CONSULTANT agrees to release such iothnmudoo or material only to cnup|oycca, sub-consultants or subcontractors who have signed n nondisclosure AGREEMENT, the tcrnna 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 lufoono1ioo. 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 Sbdc`a Confidential lufonno1ioo was received; who received, maintained and used the State's Confidential Information; and the final disposition nf the State's Confidential lufbonu1ioo. The C()NSD[JANT`srecords ahu|| 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: LocalAgencyA&E Professiona/ServiceCost Plus FixeFeeConoultantAgreement Page Y2oft4 Revised 311112016 VimXohnn of this section by the CONSULTANT oc its mu[+conau|tunta 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 io maintain the confidentiality ofsuch 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 bc returned tothe disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with u list ofall information and nna1ecio|y it considers confidential and/or proprietary in nature: (a) at the con000cuucnocntofthe term of this AGREEMENT; or (b) as soon as such confidential or proprietary material iedeveloped. "Proprietary and/or confidential information" io not meant hm include any information which, at the tirne 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 os the CONSULTANT. The pydica also acknowledge that the AGENCY is subject to Washington State and federal public disclosure |uvva. 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 public disclosure request is made to view materials identified aa "Proprietary and/or confidential information" oc 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 disc\onurc. If the CONSULTANT fails to obtain the onuu order enjoining disclosure, the AGENCY will release the requested information oo the date specified. The CONSULTANT agrees tn notify the sub-consultant of any AGENCY communication regarding disclosure that may include uoub-cnoau|tunt`s proprietary and/or confidential information. The CONSULTANT notification 1othe 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 o court order from o court ofcompetent jurisdiction enjoining ihu1dixc(oyurc the AGENCY will ,e|coac the requested information. If the CONSULTANT and/or sub-consultant [oi| to obtain u court order ocn1hcrjudicia| relief enjoining 1bc&(]ENCYbythcrc|camodu1e"1hcC{)NSl}LTANTxha||v/oivc 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 nf not less than six (6)years from the doic of final payment to the C(]N8Ul]ANlC the C()N6|JLJANI shall keep, retain and maintain all "docurnents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all ^^dncunnentm" 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. '`Doouoncn1s" shall bc retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (h) year retention period. For purposes of this AGREEMENT, ^^docunlcu1 " meanuevc?yv/htngorrccordofeverytypcunddcscrntion" including electronically stored information ('B3l"),thu1 is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, 'm, appraisals, plans, designs, data, surveys, maps, spreadsheets, u/cnnoronda,sh:oogrophirorhoodwritteu notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Local Agency A8EProfessional Services Cost Plus Fixed Fee Consultant Agreement Page 13 oft4 Revised 311112016 tabulations, computations, su0000mdco,invcutohca,andvvrdingsreoordingcnnferenocy,convccsodousor 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 o, 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" rneans any and all computer data or electronic recorded media of any kind, including "Native Fi|ca", that are mk)rcd in any nncdiuno from which it can be nzbicvcd and examined, either directly or after translation into u reasonably useable form. ESl 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 iu the performance of its operations. ESl may hc 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 athome. "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 10 this AGREEMENT and bind the sub-consultant 0o its tcona, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. ln witness whereof, the parties hereto have executed this AGREEMENT oan[ the day and year shown iuthe "Execution Date" box on page one (1) of this AGREEMENT. Signature Signature Date Date Any or reformation o/*thi*AGR£EMENTxhull require as x/form by the Of c n/1hm Attorney General. Agreement Number: LocalAgencyA8EProfessional Services Cost Plus Fixed Fee Consultant Agreement Page Y4off4 Revised 311112016 Exhibit A Scope of Work Project No. See attached Agreement Number: WSDO T Form 140-089 EF Exhibit A Revised 1013012014 Page 1 of I We, SCOPE OF WORK Agreement Number: Construction Management Services City of Tukwila — Public Works Department South Boeing Access Road Bridge Rehabilitation Consultant: Jacobs Project Management Company Client: City of Tukwila — Public Works Department Assignment: This Assignment is to provide Construction Management services to the City of Tukwila for the South Boeing Access Road Bridge Rehabilitation. Anticipated consultant staff for this project includes: 1 part time Design Liaison, 1 part time Project Manager, 1 part time Home Office Contract Administrator, 1 full time Resident Engineer /Project Manager, 1 full time Lead Inspector, 1 full time Document Control. As needed resources include: additional inspection, material testing, geotechnical reviews and surveying. Work is expected to begin on or around Monday, January 23, 2017 Scope of Work: Consultant shall furnish all services and labor necessary to complete the following tasks as provided for in the Estimate for Construction Services: 100 — PROJECT MANAGEMENT Task 101 — Administration of the Consultant Construction Management Agreement Provide overall project management & oversight, coordination with the City, monthly progress reports, and invoicing. This effort specifically includes the following: a) Develop and follow reporting and invoicing procedures specific for Construction Management Services for this project, review and adjust procedures as may be requested by the City. b) Prepare and submit invoices and monthly progress letter outlining service performed during that month including amounts spent to date and amounts remaining. c) If work is required by the CONSULTANT outside the scope of work identified herein, the CONSULTANT'S project manager shall immediately notify the City's Project Manager and propose alternatives to complete the work within the existing scope and budget, or if collectively agreed, proceed with the development of an amendment. Deliverables: a) Consultant monthly invoices with progress report. Assumptions: a) Field office to be provided by others as provided in the Construction Contract and shall include: a. Office desk and executive chair (3 each) b. Conference table (36" x 72" min) and chairs (8 each) c. Four (4) drawer legal file cabinet d. Metal trash cans and recycle bins (3 each) e. Color photocopy machine, with PDF scanning capabilities for sizes up to 11 x 17, own under storage cabinet, preset reduction to 50% and enlarge to zoom in 1% increments, bypass tray, and a repair and maintenance service contract with 4 hour service response on site -parts and labor f. FAX machine g. Internet access — wireless and local area network Exhibit A - Scope of Work Boeing Access Road Rehabilitation Jacobs 50 Page 1 of 5 2OO—PRECO0STRUCT|ON PHASE SERVICES Task 281—precmnnbuction Review of construction contract and City supplied construction management documents; attend meetings ao requested by the City. Organize and conduct the Pre-Construction conference. Plan and organize forms, standards and documentation to be used during construction for tracking adherence to contract documents by construction contractor. Deliverables: a) Contract document review comments. b) Provide pre-construction meeting documents (agenda, sign in sheet, draft and final meeting minutes, etc) c) Prepare logs for: i Change Orders, ii |omues/pnhantks|changem iii. ROM/RAM, iv. Submittal log V. RF|'s. vi. Non-Conformance Reports vii Required documentation (oub|ete, offidavdo, debannend, certification for fed pnojeots, and other required forms for prime/subo) viii Training program and trainee hours ix. Equipment rotes/Labornahau X. Force Account xi. Pay Estimate Ledger and quantity tracking xii DBE xiii Ticked logs xiv. Wage rate interviews xv. Field Memos xvi Design changes xvii Incidents xviii. Correspondence 3OO— CONSTRUCTION PHASE SERVICES Task 301 - Construction Services — General and Administrative Construction Management of Construction Contract The Consultant, under the direction of the City's Project Manager, shall provide the following: a) Provide monthly construction schedule review with corresponding technical analysis prepared by Resident Engineer including review of logic, durations, and work zones. b) Review Contractor's submittals (RAMs, TESC & SPCC Plan, TCP, shop drawings, etc.) for initial conformance with contract requirements. Distribute to appropriate reviewer as necessary and provide draft responses for approval by the City. c) Provide and/or coordinate draft responses to Contractor's Requests for Information (RFI's) for approval by the City d) Provide Field Directives to the Contractor as required with prior approval by the City. m) Review and make recommendations on requested Change Orders — includes review of Contractor's cost proposal. Provide independent cost estimate (may require additional resources for structural change orders, resources not included in budget and would be considered Additional Services) f) Coordinate off-site fabrication inspection with relevant independent testing authority ExhibitA - ScopeofVVor Boeing Access Road Rehabilitation Jacobs Page 2 of 5 g) Coordinate on- hehastingaenecesoary. h) Facilitate utility coordination for existing and new utility improvements. i) Issue Correction Notices when appropriate and ae approved by the City. j) Issue Stop Work Notices when required and aa approved by the City. k) Attend project and public meetings, and assist in preparation of meeting notes (develop agenda, etc). |) Chair Weekly Construction Progress Meeting -ino|udeu: i Draft, distribution and finalization of Weekly Construction Project Progress Meeting minutes ii Prior to mesding, update and distribute logs for Submittals, RR's. NCR'a, Change Orders iii. Prior to meeting, update and distribute to the City the Potential Cost Issue Log iv. Receipt ofContractor's Daily Diary for preceding weeks work V. Review ofContractor's Record Drawings m) Provide project administration per WSDOT and Federal requirements, which will include, and not be limited to (Construction Management budget is based upon the following items — additional items would need tobe reviewed for potential cost impouta): i. Equal Employment Opportunity and Monthly Utilization Reports. ii. Prevailing wage verifications and interviews. iii. Disadvantaged Business Enterprise and Training Goals. iv. Record of Materials (ROK8). Certificate of Material Origin and Manufacturer V. Certificate of Compliance tracking. n) Maintain construction files using o format provided by the City. o) Update logs contained in 201c at least monthly and distribute as requested by City p) Punch list. Upon substantial completion of work, coordinate with the City and other affected agencies, to perform a project inspection and develop a 'punch list' of items to be completed. q) Prepare substantial completion and close out documentation asrequested. This can include: i. Orderly transfer of field records and documents, including as-built drawings and specifications. ii. Resolution of outstanding contractual issues e.g. changes orclaims. iii. Assessment of liquidated damages, ifany. iv. Contractor's final payment. 0 Review and verification of complete project files prior to delivery to City. Includes periodic internal audits (mid-point with monthly follow up on any deficient items) to ensure documentation is complete. o) Coordinate with contractor to obtain outstanding project documentation t) Other tasks as requested by the City. Consultant shall request additional funding if it appears that the additional tasks will exceed the approved budget. Defiverab|es: a) Monthly construction schedule review b) Consolidate, review and conform draft responses for Contractor's submittals and RFI's. Distribute upon approval. n) Draft Field Directives for City's review. Distribute upon approval. d) Change order review and opinion for entitlement, quantum and schedule impact. e) Draft Correction Notices (Non Conformance Report) for City's review. Distribute upon approval. f) Draft Stop Work Notices for City's review. Distribute upon approval. g) Prepare and distribute draft meeting minutes for review and comments. Consolidate comments, finalize and distribute meeting minutes. h) Update and distribute logs prior to Weekly Construction Progress Meeting i) Complete VVSDOT and Federal contract administration oo outlined above. j) Construction document files upon completion of project. (Two paper copies and one electronic file) k) Oneh Punch List for City's review. Distribute upon approval. |) Weekly statement of working days m) Review of contractor LS breakdowns for accuracy and payment purposes ExhibitA - Smp of Work Boeing Access Road Rehabilitation Jacobs Page 3 of 5 n) Provide construction contract monthly progress payment recommendation (fonnsdbyChy) Task 302- Construction Services — Inspection Services The Consultant shall provide the following: c) Observe Contractor's activities for compliance with the Contract Documents, and generate construction audit trail using City's provided Inspector's Daily Report (IDR) and other required special inspection forms. b) Monitor Contractor's activities for compliance with all regulatory, environmental, permit and material requirements, including: (Noted in |DR) i NPDES Construction Pennb(TESC and water quality requirementa). ii ROM requirements. iii. Railroad Overpass Agreement (aka Construction and Maintenance Agreement) iv. Railroad Temporary Occupancy Permit V. Approved Traffic Control Plans vi. Other requirements au directed by the City. c) Track Change Orders and Force Account activities for appropriate reimbursement and Time Impact Analysis. (Noted in |OR) d) Actively confirm Contractor's coordination of construction activities with adjacent property owners, buoineooee, utilities and other agencies through review of the required Project Schedule and notice forms. e) Document as-constructed conditions of the project for the eventual creation of the Record Drawing. The Construction Contractor shall furnish a red-lined plan set to the City at the completion ofthe project; and the Consultant shall weekly verify the accuracy of the Contractor's 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 |OR) f) Direct Contractor to promptly rectify any non-conforming work observed. g) Assist the City in the documentation and investigation of malfunctions, failures, or accidents that may occur during construction. (Noted in |DR) h) Other tasks as requested by the City. . Consultant shall request additional funding if it appears that the additional tasks will exceed the approved budget. i) Observe and document placement of materials and work completed for progress payments j) Project Photos with date stamp, location and description (may be included in Headlight application) Deliverables: a) Inspector Daily Reports b) Paper copies of as-builts shall be provided on 11 x1 7 paper, bound, single sided sheets. Two copies. Task 303' Construction Services — Materials Testing The Consultant shall provide the following: e) Coordinate, obtain and evaluate tes results from testing services (e.g. turbidity monitoring pressure testing, closed circuit television inspection, concrete strength, bedding and backfill, gradation, eubgrode and asphalt compaction baating). Promptly notify the City of any failing test reports. Deliverables: a) Test reports b) Notification to City (email, verbal) of any failing test reports and initial Contractor remedial actions Task 304- Construction Services —Geotechnica| Inspection Services The Consultant shall provide the following: o) Inspect and accept Bottom of Shaft Excavation per WSDOT 2016 Standard Specification 6-19.3(3)D ExhibitA - ScopeofWork Boeing Access Road Rehabilitation Jacobs Page 4 of 5 b) Observe Contractor's Compaction Grout Soil Denuificetion c) Sample and test for contaminated material eo directed by the City Deliverables: n) Daily Inspection Reports b) Test reports for suspected contaminated materials Task 305- Construction Services —Survey The Consultant shall provide the following: a) Prior to Contractor performing the appropriate Work, review, confirm and approve Contractor's surveying to assure layout accuracy. Such approval shall not relieve the Contractor of responsibility of accuracy of the stakes b) Confirmation monitoring of Contractor's Settlement Monitoring o) Final as-built survey Deliverables: a) Survey notes Task 306—Electronic Daily Inspection Reports (Head|ight) Daily inspection reports shall be completed using Headlight. The City will be allowed access to the project |OR'a and updates Deliverables: e) Paper and electronic copies of|UR'o. 400 — ASSUMPTIONS a) Budget i Staffing levels are anticipated in accordance with the attached budget estimate (see attachment) ii Project vehicles are not contained within the scope mr budget cf this project. iii. Vehicle mileage will be reimbursed at the Federal Internal Revenue Service Standard Business Mileage Rate in effect at the time the mileage expense is incurred. Mileage is based from the individuals "home baoe^ Full time CK8 team members base io considered the job trailer. Some subconsultants (Shannon & Wilson) consider their office as home and will be reimbursed portal toportal. iv. The current budget is based upon a 40 hour work week with an overtime allowance. As a matter of safety, cost and efficiency, Jacobs would like hm limit scheduled overtime honot more than 1O hours per week for o total 50 hour work week. The City will notify Jacobs ifthey feel additional resources are required. Compensation for additional resources will be based upon that person's all-inclusive rate. V. The level of effort required will not exceed the approved budget without prior approval bythe 500 — ADDITIONAL SERVICES When requested by City, Consultant shall provide additional services that may increase the level of effort described in this document. Authorization to perform additional services will be in the form of a mutually negotiated Supplement to this Agreement, specifying the work to be performed, and basis of payment. ExhibhA - Soopem[Work Boeing Access Road Rehabilitation Jacobs Page 5 of 5 Exhibit B DBE Participation N/A Agreement Number: WSDOT Form 140 -089 EF Exhibit 8 Revised 1013012014 Page 1 of 1 55 LIfF LWAM Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data IME B. Roadway Design Files N/A C. Computer Aided Drafting Files N/A Agreement Number: WSDOT Form 140-089 EF Exhibit C Revised 1013012014 Page 1 of 4 57 1). Specify the Agency's Right to Review Product with the Consultant N/A E. Specify the Electronic Deliverables to Be Provided to the Agency N/A F. Specify What Agency Furnished Services and Information Is to Be Provided Final project plans and specifications Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 1013012014 58 II. Any Other Electronic Files to Be Provided Inspection reports to be completed using Pavia Systems Headlight application. Inspection reports to be saved as PDF file and hard copies provided to the City as part of document turnover at the end of the project 111. Methods to Electronically Exchange Data N/A WSDOT Form 140-089 EF Exhibit C Revised 1013012014 Page 3 of 4 We, A. Agency Software Suite N/A B. Electronic Messaging System MO., C. File Transfers Format Hard copies and PDF of project files to be transfer to City upon completion of the project WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 1013012014 60 Exhibit D Prime Consultant Cost Computations See attached Agreement Number: WSDOT Form 140 -089 EF Exhibit D Revised 1013012014 Page 1 of 1 61 Exhibit D JACOBS - Estimate for Construction Services City of Tukwila - Boeing Access Road Bridge Rehabilitation 1/23/2017 Title Personnel Billing Rate Billing Rate Total Hours Total Cost 2018 -2019 2017 -2018 (estimated) JACOBS Project Manager — — ._.... Jay Hueter ..... $ . ...._ ...._ - $ 246.45 -- - --- -- ----- 124 ..... ........ $ 29,763.78 Resident Engineer /Assistant Project Bryan Nicholson $ 129.76 $ 134.95 2,946 $ 386,634.09 Manager Document Controls Cathy Braswell $ 108.61 $ 112.96 2,672 $ 293,862.45 Lead Inspector /Assistant Resident Chris Lyons $ 132.93 $ 138.25 2,866 $ 385,457.47 Engineer Headlight/Contract Administration Arlene Prieto $ 129.55 $ 134.74 152 $ 19,982.42 Contract Administration Dawn Gamler $ 162.04 $ 168.52 68 $ 11,148.24 Subtotal - Jacobs - -- - --- - - - - -- 8,828 $ 1,126,848.44 Jacobs - Labor $1,126,848.44 Directs $397,445.40 Total $1,524,293.83 62 ESTIMATED DIRECTS JACOBS Duration = 16 months Communication _ $ External Hard Drives (To City at Completion) $ Vehicle Lease $ Reproduction Expenses $ Express Mail $ Mileage $ Subconsultant - $ Shannon & Wilson (Geotech) $ 1 Alliance (Survey) $ O'Neil Services Group (Testing) $ TranTech (Inspection) $ Overtime Premium $ Headlight - 16 months $ Office Supplies (paper, desk supplies, file folders, Nriting utensils, etc.) Field Supplies (paint, write -in -rain books, etc. $ Safety $ Total All Estimated Directs I S 2,400.00 Ipad data plans. 200.00 - No Vehicles provided by Jacobs for this project. 500.00 500.00 1,000.00 allowance 33,716.00 quote 66,332.00 quote 215,394.64 quote 38,273.00 quote 16,779.76 20,000.00 Headlight = $13,547.00 Added amount for customization (IDR Reports) and support (if needed) 800.00 $50 /month 800.00 $50 /mo. 750.00 397,445.40 63 m Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of this AGREEMENT. See attached Agreement Number: WSDOT Form 140-089 EF Exhibit E Revised 1013012014 Page 1 of I 65 Exhibit E 16-149 LAG - TUK BB CM M:\2016\16-149 JAC TUK\000000N\0010Proposal\16-149 1AG - TUK BB CM 2/2/2017 r, I STIV, NUMBE R E 16-149 S Boeing Acc Rd Br CM 1 ALLIANCE GEOMATICS A %..,op, SURVEYING & MAPPING MBE/DBE ]NAM CLIENT CL Jacobs L OWNER Tukwila TASK Principal PM Project CADD 5 CADD 3 TECH 5 TECH 3 ADMIN FEE 305 - Construction Services - Survey $ 175.00 $ 150.00 125.00 115= 95.00 $ 115.00 95.00 75.00 No. DESCRIPTION HOURS TASK I Contractor's Surveying QA/QC 388 4 16 24 56 56 112 112 8 $ 41,980 2 Contractor's Monitoring QA/QC 84 1 2 4 12 16 24 24 1 $ 8,990 3 final As-Builts 140 2 4 8 12 32 40 40 2 $ 14,920 4 0 $ 5 0 $ 6 0 $ 7 0 $ 8 0 $ 9 0 $ 10 0 11 0 12 0 13 0 $ 14 0 $ is 0 $ 16 0 $ 17 0 $ 18 0 $ TOTAL HOURS 612 7 22 36 80 104 176 176 11 $ 1,225.00 $ 3,300.00 $ 4,500.00 $ 9,200.00 $ 9,880.00 $ 20,240.00 $ 16,720.00 $ 825.00 TOTAL DIRECT BURDENED SALARY COSTS $ - $ 65,890.00 $ 65,890 OTHER DIRECT COSTS MILEAGE (ONE WAY) 14 MILEAGE (TOTAL MILES) 616 333 number of field days 4 22 PER DIEM (DAYS) - NOTES LODGING (DAYS) $ MATERIALS & SUPPLIES 99 OTHER (DESCRIBE) SUELOCATE TOTAL OTHER DIRECT COSTS 432 GRAND TOTAL FEE ESTIMATE $ 66,322 16-149 LAG - TUK BB CM M:\2016\16-149 JAC TUK\000000N\0010Proposal\16-149 1AG - TUK BB CM 2/2/2017 r, I STIV, Exhibit E OSG Estimate for Boeing Access BNRR Bridge Rehabilitation UPDATE ',D TABLE OF BUDGET BREAKDOWN BASED ON EYE 15 OVERHEAD RATES Task Description No. of Visits Units Per Visit No. & Type of Units Direct Labor Rate (NTE) Overhead Fee(Profit) Hourly Billing Rate INTEL Estimated Cost $87.14 $38,339.84 Structural steel (erection, welding, & bolting) 110 81 880 87.84`% 30.00'% $35.14 $12.00 Construction Inspections and Materials Testing Services ' labor stns ar e t. 5� th e'- dard, -t for nights,wrvekantL. end hovrsover8Pe, day. Four hour rn ln'int urn ch arge tur inspections. "Ell I,, Multi lllpr- (1.0x dlrnt labor rate) � 10.8784 x on, r- 111,11 rat el 1 (0 30 xdirect labor rat el= 2.1784 xdirect labor rate 67 Reinfroced concrete 55 81 440 hours $40.00 $35.14 $12.00 $87.14 $38,339.84 Structural steel (erection, welding, & bolting) 110 81 880 hours $40.00 $35.14 $12.00 $87.14 $76,679.68 Structural steel fabrication shop audit inspection (AISC approved fabricator) 8 8 64 hours $40.00 $35.14 $12.00 $87.14 $5,576.70 Soil and asphalt compaction 72 8 576 hours $40600 $3514 $12.00 $87.14 $50,190.34 Project Manager (meeting, report review, final letter) 96 1 96 hours $62.00 $54.46 $18660 $135.06 $12,965.84 Administrative 96 1 96 hours $37.50 $32.94 $11.25 $81.69 $7,842.24 Concrete /grout /mortar test cylinders (Unit Cost) 55 4 220 each $22.00 $4,840.00 Moisture /density relationship (ASTM D 698, D 1557) 5 1 5 each $200,001 $1,000.00 Grain six. analysis (ASTM C 136/C 1171 10 1 10 each $100.00 $1,000600 Sand equivalent (ASTM D 2419) 10 11 30 each $80.00 $800.00 Fracture face count(WSDOT 103) 5 1 5each $50.00 $250.00 Rice density (ASTM D 2041, AASHTO T245) 5 1 5 each $90.00 $450.00 Asphalt oil content ignition method(ASTM D 6307) 5 1 5 each $250.00 $1,250.00 Vehicle (Unit Cost Local Seattle Area) 245 1 245 trip /day i $58.00 $14,210.00 Estimated Project Budget $215,394.64 ' labor stns ar e t. 5� th e'- dard, -t for nights,wrvekantL. end hovrsover8Pe, day. Four hour rn ln'int urn ch arge tur inspections. "Ell I,, Multi lllpr- (1.0x dlrnt labor rate) � 10.8784 x on, r- 111,11 rat el 1 (0 30 xdirect labor rat el= 2.1784 xdirect labor rate 67 Exhibit E Geotechnical Services Construction Phase Estimate SHANNON 8 WILSON, INC. South Boeing Access Road- Airport Way Overcrossing City of Tukwila, Washington The above is a rough estimate of effort and was not based on the Contractor's schedule. The actual will need to be adjusted based on the Contractor's actual schedule. 1/12/2017 • 21- 261537 -001 LABOR Assoc/Sr Senior Engineer Drafting Clerical Subtotal SCOPE OF WORK ITEM PIG Associate Engineer N Hours �r.. '/. B&W Copies /Reproduction ea $0.10 60 $6.00 Color Copies /Reproduction ca $1.00 TASK 1 - Contractor Submittals Mil <;age m $0540 1000 $540.00 Markup rrn CDC (0 %) (included as part of Design Services During Construction) TASK 2 - Shaft and Pile Field Observation Kickoff meeting 2 2 2 6 RR Safety training /site meeting 4 4 Office Support 2 8 8 18 Review Driving Records /CSL 1 4 5 Field Observation 80 80 TASK 3 Compaction Grouting Kickoff meeting 2 2 2 f RR Safety training /site meeting 4 4 Office Support 2 10 8 20 Review Verific ation Borings /CPTs 1 4 Field Observation 100 100 TASK 4 Wall backfill and compaction Office Support 2 2 Field Observation 16 1.6 TASK 4.5- Project Management Project Management 4 4 8 Teem Meerinys /Conference Calls Subtotal Hours SO 33 224 4 274 Subtotal Labor Fee 52,050 $6,1.20 S2 4-(s40 $320 $33,130 TOTAL FEE (Labor + ODC) $33,716 The above is a rough estimate of effort and was not based on the Contractor's schedule. The actual will need to be adjusted based on the Contractor's actual schedule. 1/12/2017 • 21- 261537 -001 Direct Expenses Item Unit Unit Qty- Sub -Total I Price Expenses B&W Copies /Reproduction ea $0.10 60 $6.00 Color Copies /Reproduction ca $1.00 40 $40.00 Mil <;age m $0540 1000 $540.00 Markup rrn CDC (0 %) $ - ODC Total $ 586 The above is a rough estimate of effort and was not based on the Contractor's schedule. The actual will need to be adjusted based on the Contractor's actual schedule. 1/12/2017 • 21- 261537 -001 Exhibit E TranTech Exhibit B - Subconsultant Cost Computations La i E.ngineering LL C� Citv of Tukwila Boeina Access Road Bridae BNSF RR CM Services 1 Work Element 1 - Project Management Work Element 2 - inspection Services )ject inspector Admin iagler — S 8 8 280 8 $59.00 $47.50 $22.00 $83.10 $66.90 $30.36 $17.70 $14.25 $6,60 $159.80 $128.65 $58.96 $1,278 $36,023 $472 _ Total Direct Labor d $37.773.14 Direct Costs (production, Fedex, Parking, etc) $500 Total = $38,273 - ........... _. .... .. - -- - _ Notes: NHR is based on WSDOT 2016 audited overhead letter i Page 1 70 Exhibit F Title V1 Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and Successors in interest agrees as follows: |. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in 5cdccu||v assisted programs nf the AGENCY, Title 49, Code ofFederal Regulations, Part 21, as they may be arnended from time to time (hereinafter referred to as the "REGULATIONS"), n/bioh are herein incorporated by reference and made o part of this AGREEMENT. Non-discrimination: The CONSULTANT, with regard to the v/nck performed during this AGREEMENT, sboU not discriminate on the grounds ofrace, color, sex, or national origin in the mc|outioo and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly iu the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix 2:of the REGULATIONS. 3. Solicitations for Sub-c000u|1unt , Including Procurement nf 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 RB(]QLA[|()NS relative to nnn-di scrim ination 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 o/ refuses to furnish this information, the CONSULTANT shall so ocdi[v to the AGENCY, the STATE, or the F8WAao appropriate, and ahu|| set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compl iance: In the event of the CONSULTANT's lion-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it the STATE, or the FHWAnouy 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 p/ho|c or in part. 6. Incorporation ofProvisions: The CONSULTANT shall include the provisions *f 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-coonp|iancu. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with u sub-consultant or supplier ua u result ofsuch 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 intcnroia of the United States. Agreement Number: NSDQT Form 140-08gEF Exhibit F Revised 1013012014 Page I of I 72 Exhibit G Certification Documents E�biW�G-|(a) Certification ofConsultant Ezbiblt Q-|(b) Certification of city of Tukwila 1-1xhibliG-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Covered Transactions ExbibiiG-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying �,xhi�!��k G-4 Certificate Of Current Cost or Pricing Data Agreement Number: NSDOT Form Y40-0VVEF Exhibit G Revised 1013012014 Page 1 of I Exhibit G-I(a) Certification of Consultant l hereby certify that 1omthe and duly authorized representative uf the firm of Jacobs Project Management Co. whose address is 600 KO8th Avenue NE, Bellevue WA, 98OO4 and that neither the above Oon nor l have: a) Employed mretained for u commission, percentage, brokerage, contingent fee, m 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; 6) Agreed, as an express or implied condition for obtaining dhis cnobucL to employ or retain the services of any firin or person in connection with carrying out this AGREEMENT; or c) Paid, magreed to pay, to any firm, organization or person (other than ubona fide employee working solely for nncnr the above CONSULTANT) any fee, contribution, donation, oc consideration of any kind for, o,iu connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); }acknow|cdge that this certificate istobc furnished to the City of Tukwila and the Federal Highway Administration, U.S. [}cparbncct 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. Jacobs Project Management Co. Consultant (Firm Name) Signature (Authorized Official ofConsultant) Date Agreement Number: NSDOT Form Y40-V89EF Exhibit Revised 1013012014 Page 1 of I Exhibit G-1 (b) Certification of City of Tukwila i bcrekv certify that |un\the: 1-1 � ��� Other of the I and or its representative has not been required, directly o, indirectly umun 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 bo puv or agree tn pay, 0o any firm, person, nr organization, any fee, contribution, donation, orconsideration of any kind; except as hereby expressly stated (if any): lacknmw|mdge that this certificate imto be furnished to the and the Federal Highway Administration, U.S. Department of Transportation, in connection with this /\(]81EEMEr4T involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature NSD0T Form Y40-089 EF Exhibit G Revised 1013012014 Agreement Number: Page 1 of I Exhibit G_2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions i The prospective primary ouoic' certifies 10 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 b»any Federal department oragency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for cornmission 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 orotherwise orinoiuu||y or civilly charged by u governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (|)(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. lL Where the prospective primary participant is unable to certify to any ofthe statements in this certification, such prospective participant shall attach an explanation to this proposal. Jacobs Project Co Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: N/gDOT Form 140-089 EF Exhibit Page YofY Revised 1013012014 Exhibit G_3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, b« signing and submitting this bid or proposal, to the best of his ovher knowledge and belief, that: No Federal appropriated funds have been paid or will bc paid, 6voron behalf of the undersigned, toany person for influencing Vr attempting iu influence an officer or employee ofany Federal agency, uMember of Congress, un officer or employee of Congress, orany employee ofu Member of Congress inconnection 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 Lobbyiug," in accordance with its instructions. This certification iaamaterial representation of fact upon which reliance was o|uccd when this transaction was made or entered into. Submission of this certification is upnrrequimhe for making or entering into this transaction imposed by Section }352, Title 3l,D.S.Code. Any person who fails to file the required certification shall be subject tnu civil penalty ofnot less than $|0,0UO.0O, and not more than $|00,O00.0V, for each such failure. The prospective participant also agrees bv submitting his or her bid or proposal that hc or she shall require that the language of this certification bc included in all lower tier muh-conbact ,v/hichcsoerd$|OO,O00, and that all such sub-recipients shall certify and disclose accordingly. Jacobs Project Management Co. Consultant (Firm Name) Signature (Authorized 0#iciaofConsukanU Date Agreement Number: NSDQT Form 140-089 EF Exhibit Revised 1013012014 Page 1 of 1 Exhibit G-4 Certificate of Current Cost or Pricing Data This iytocertify that, to the best of my knowledge and belief, the cost m pricing data (as defined insection 2.|Olofthe Federal Acquisition Regulation (FAR) and required Linder FAR subsection 15.403-4) submitted, either actually or by specific idcn1ibcudnu in writing, to the Contracting Officer ortn the Contracting Officer's representative in Support o[ Boeing Access Road Bridge Rcbubi|dodnn ~ are accurate, complete, and current aaof January 23,20\7 ^^ This certification includes the cost V,pricing data supporting unyudvunce/\(]REEMENT`sundfb,vvnodphcing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: Jacobs Project Management Co. Signature Date o[Ezecudon***: Operations Manager Title "The burdened labor rates, including fringe and G&A, utilized in support of this Agreement are as negotiated and approved by the City. These rates are not subject to recertification herein." ~Wcodf� the proposal, quotation, request for pricing adjustment, m other submission involved, giving the appropriate identifying number (e�. project bdc) ~~Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. °°^|nsrn the day, month. and year. o/ signing, which should beoy close uo practicable u the date when thcp,iu,ucgvhminosxereuovv|udcdondLbv contract price was agreed to. Agreement Number: N/SDO7 Form Y40-089 EFExhibit G Page Yoff Revised 1013012014 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ N/A The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ N/A Such insurance coverage shall be evidenced by one of the following methods: • Certificate of insurance. • Self- insurance through an irrevocable Letter of Credit from a qualified financial institution. Self- insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $l million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ N/A • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: WSDOT Form 140 -089 EF Exhibit H Revised 1013012014 Page 1 of 1 79 I � Exhibit u Alleged Consultant Design Error Procedures The purpose of this exhibit iatV establish o procedure to determine ifn consultant's alleged design error is of nature that exceeds the accepted standard of care. In addition, it will establish u uniform method for the resolution and/or cost recovery procedures in those instances where the agency bc|iuvcm it has suffered some material damage due io the alleged error by the consultant. Step Potential Consultant Design lOrmnr(m)imIdentified by Agency's Project Mamuger /\t the first indication of potential consultant design errnr(a)` the first step in the process io 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, tbel{egion 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 nnonnger,vvhohuanoibcenasdirccdyiuvu|vcdioLhep 'cCL to be responsible for the remaining steps in these procedures.) Step Project Manager Documents the Alleged Consultant Design ]8 After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Pub] ic Works nr Agency Engineer's concurrence, the project nuuoagc,obtuivamoon:dctui|cd documentation than ia normally required on the project. Examples include: all decisions and descriptions of work; photographs, records nF labor, materials and equipment. Step Contact the Consultant Regarding the Alleged Design E 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 crror(a). The project ouanugcrondothcroppropriutcugencyotaffabou|dceprcscnttbcagcncyandtbe consultant should hc represented by their project nnuuugecundaoyperaouno|(inc|udioguub-conyu|tants) deemed appropriate for the alleged design crror(a)issue. Step 4 Attempt to Resolve Alleged Domi#m Error with Consultant After the nnceiing(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 consultant design error(s). If this is the case, then the process will not proceed beyond this point. • U is determined via mutual agreement that u consultant design c,rude) nccunzd. If this is the case, then the Director of Public Works orAgency Engineer, or their representatives, negotiate usettlement 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 ou the project invvhichthedcoigncoror took place. The agency iaioprovide L|!1hroughthcRLegion Local Programs Engineer, asummary of the settlement for review and tomake o/6ux1nmcots, if any, as to how the settlement affects federal rcinlbumcnocuts. No further action is required. " There is not a mutual agreement regarding the alleged consultant design crcone. The consultant may request that the alleged design coons) issue be forwarded to the Director o[ Public Works ncAgency Engineer for review. lf the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able tn reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: N/SDQT Form Y4V-089EFExhibit/ Revised 1013012014 Page 1 of 2 Fix Step 5 Forward Documents ko Local Programs For federally funded projects all available information, including costa, 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 10 hod u resolution to the issue. If necessary, LP will request assistance from the Attorney [lcncna|`o 0Dlcc for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project oostu 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. LlP, in consultation with FBWA, 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. &grnmemNumber NKSDOT Form 140-D09EF Exhibit/ Page 2oy2 Revised 1013012014 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 clairn 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 Revised 1013012014 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare osummary for the Director ofPublic Works o,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 nr Agency Engineer shall review and administratively approve nrdisapprove the claim, or portions thereof, which may include getting Agency Council nr Commission approval (as appropriate tn agency dispute resolution pnnccdu,cs). lf the project involves federal participation, obtain concurrence from VVSD()TLoco| Programs and FBWA regarding fiuo| settlement nf the claim. lF the c|oimo im not eligible for federal participation, payment will need to be from agency funds. Step Informing Consultant oy Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consu|tunt"xc|uirn(s). Include the final dollar amount o[ 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: NxQDQT Form f4O-0V9EFExhibit J Page 2of2 Revised 1013012014 Transportation & Infrastructure Committee Minutes February 14, 2017 C. Contract: Boeing Access Road over BNRR Bridge Rehab Project Staff is seeking Council approval of two contracts with Jacobs Engineering Group, Inc for the Boeing Access Road over BNRR Bridge Rehabilitation Project. The first is Supplement No. 5 to Contract #13 -161 in the amount of $260,956.0o for design support and the second is a new contract in the amount of $1,524,293.83 for construction management. Both contracts together will provide construction management services for the duration of the project, which will rehabilitate the structurally and seismically deficient bridge. A Washington State Department of Transportation ( WSDOT) federal bridge grant covers 800/6 of the project. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 21, 2017 REGULAR CONSENT AGENDA. D. Contract: Major Maintenance on 3 Bridges Staff is seeking Council approval of two contracts with David Evans and Associations, Inc. forthe Major Maintenance on 3 Bridges Project. The first is Supplement No. 3to Contract #15-139 in the amount of $138,410.22 and the second is a new contract for construction management services in the amount of $423,116.68. The project will perform seismic retrofit, deck and joint repair, and painting on the Frank Zepp Bridge, Grady Way Bridge and the Beacon Avenue South Bridge. A WSDOT grant covers l00% of the eligible construction costs. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 21, 2017 REGULAR CONSENT AGENDA. III. SCATBd Staff noted that SCATBd is still working to finalize its legislative agenda for 2017 and copies will be shared with the Committee. IV. MISCELLANEOUS The Transportation Committee Meeting adjourned at 5:50 p.m. Committee Chair Ap Minutes by LH, Reviewed by W W. COUNCIL AGENDA SYNOPSIS nilials Meetiq Dale Prepared 4 Mayor's rew . en) Council review 02/21/17 BGZ ❑ Resolution Ali ,g Date ❑ Ordinance Ali Date ❑ Bid Award Alt ,g Date ❑ Public Hearing APP Date ❑ Other Alt ,g Dote SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ Pfr/' SPONSOR'S Council is being asked to approve the construction management design support SUIININIARY Supplement No. 3 for $138,410.22 and a new construction management contract for $423,116.68 with David Evans and Associates, Inc. for the Major Maintenance on 3 Bridges Project. David Evans was selected from three consulting firms. Construction management services will include project management, documentation, and inspection. The City will be advertising for construction bids soon. Ri3VIHWF'J) BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/14/17 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Public Works CON'M FI "I"'T" Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE F,xj,rND1TLJR' ' Ri,' REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $561,526.90 $593,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 12, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/21/17 4.F. CAS Nu.NIBI,'R: I STAFFSP0NSOit: BOB GIBERSON I ORIG INA], A(',E,Ni)ADA'i'j,': 02/21/17 A('&'1NDA ITFAITITLF' Major Maintenance on 3 Bridges; Grady, Zepp, and Beacon Construction Management Contract and Supplement No. 3 with David Evans ❑ Discussion Alig Date ❑ Motion Ali ,g Date 02121117 ❑ Resolution Ali ,g Date ❑ Ordinance Ali Date ❑ Bid Award Alt ,g Date ❑ Public Hearing APP Date ❑ Other Alt ,g Dote SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ Pfr/' SPONSOR'S Council is being asked to approve the construction management design support SUIININIARY Supplement No. 3 for $138,410.22 and a new construction management contract for $423,116.68 with David Evans and Associates, Inc. for the Major Maintenance on 3 Bridges Project. David Evans was selected from three consulting firms. Construction management services will include project management, documentation, and inspection. The City will be advertising for construction bids soon. Ri3VIHWF'J) BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/14/17 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Public Works CON'M FI "I"'T" Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE F,xj,rND1TLJR' ' Ri,' REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $561,526.90 $593,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 12, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/21/17 MTG. DATE ATTACHMENTS 02/21/17 Informational Memorandum dated 02/10/17 2017 CIP, page 12 Consultant Selection Scoring Matrix David Evans Design Support Supplement No. 3 David Evans Jacobs CM Contract with Scope of Work and Fee Minutes from the Transportation & Infrastructure Committee meeting of 2/14/17 -T NE .. Alt TO: FROM: BY: CC: DATE: city of Tukwila Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director Transportation and Infrastructure Committal, - ZeTA Bob Giberson, Public Works Director , rp Steve Carstens, Senior Program Manager Mayor Ekberg 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. a Lq Kq Ml a 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 Construction Management (Contract 2) Design Support CM Supplement No. 3 (Contract 1) Grady Way Bridge Construction Management (Contract 2) Design Support CM Supplement No. 3 (Contract 1) Beacon Avenue S Bridge Construction Management (Contract 2) Design Support CM Supplement No. 3 (Contract 1) Total Contract Cost Budge $240,490.87 $320,400.00 68,887.95 19,372.61 31,200.00 8,862.43 163,253.20 241,400.00 60,659.84 $561,526.on 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 12,2017CIP Construction Management contract and supporting documents Design support Supplement No. 3 and supporting documents WAPW Eng\PROJECTS\A- HW & PS ProieclsWajor Maintenance on 3 Bridges (91510406)\03 consultant SelectionZM SelectionVnfo Memo DEA CM & Sup #3 021017-rrt-sm.docx we Mal CITY CJFTWKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 91510406 PROJECT: Major Maintenance on 3 Bridges 2015 Project Nos. 91510407 91510408 DESCRIPTION: Perform Gdumio 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 byVVSDOT. 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. MA|NT 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 0000 000i onoo npyomn Toru/ EXPENSES Design 421 445 866 Const. Mgmt. 300 293 593 Construction 2,886 1,003 3,889 FUND SOURCES Fed BRAC Grant 379 401 3,186 1,296 5,262 Mitigation Actual 0 Mitigation Expected 0 mnr'uouu Capital Improvement Program 12 91 M. -0 0 E u > < ui -C 0 c;_- 0 c -E E c _0 C) (v 0 75 m ru _0 > 0 0 CL co 0- M 0 0 E cc 0 (U :3 0 0 u -C U C: on x u (U > x Q) -C C '0 C) (U 0 c: u Q) (U c 0 U E 0 a- w = V� C) 0 E u 0 (V co 0 < u 0 V) u u E v) C: :3 V� m -0 E c M -C > W 0 0 > .- w > N M - to 0 ro -0 on U Q) < m LU 0 c -C U c 0 0 (U tu LZ u E CL 0 > C W w 0 L.L cc V) Ln 0 u 0 0 0 0 0 V) x LI) F'4 U-) r-I �.D LI) 00 0 u a) c 0 > Q) r4 1-4 1-1 r-I 0) < 00 _0 LI) Lr) LI) 0 C) V) .c " -1 r1i (11 00 Q ) �Zr r1i ;r 00 00 m r- 0 u < LLJ > 0 0 C) 0 C CD C) (Y) rJ q (N (N _0 _0 00 m 0 0 0 r- C rJ �H -1 C4 N M ) a 0 Ln rlj Ln -1 Lr) r1i �� (Y) -1 0 r, 0 u 0 > rj r- -i r, r, rH r, Ln u m _0 L, Ln c (Ij I-i r-i ­4 Lr) 0 c 0 u ru C) (1) to ca 0 _0 00 14 00 co U 'a _0 0 -C 0 -0 V) Q) rlj c c 0 m -0 c m bn :3 (v CO (D C cy 0. -.,- 'Fa Z — u C m M = 0 .- 0 — CL " cu 0 :3 w N 0 -Y c W tw .F c E W cu 0 > 2mr1i rn r-4 U- 0- 1-- 0- W < M. -0 0 E u > < ui -C 0 c;_- 0 c -E E c _0 C) (v 0 75 m ru _0 > 0 0 CL co 0- M 0 0 E cc 0 (U :3 0 0 u -C U C: on x u (U > x Q) -C C '0 C) (U 0 c: u Q) (U c 0 U E 0 a- w = V� C) 0 E u 0 (V co 0 < u 0 V) u u E v) C: :3 V� m -0 E c M -C > W 0 0 > .- w > N M - to 0 ro -0 on U Q) < m LU 0 c -C U c 0 0 (U tu LZ u E CL 0 > C W w 0 L.L cc V) Ln AdUk '"w' Washington State MAP Department of Transportation Supplemental Agreement Organization and Address Number 3 David Evans and Associates, Inc. 1115 West Bay Drive NW, Suite 3 01 Oh#al Agreement Number Olympia, WA 98502 15 139 Phone: 360-705-2185 Pro�ect Number Fed. Aid Nos. Execution Date Completion Date 131-IM-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 of City of Tukwila desires tosupplement the agreement entered into with David Evans and Associates, Inc. and executed on July 23, 2015 and identified am Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described eafollows: Section 1. SCOPE OF WORK, ks hereby changed toread: See Exhibit A- 1, Scope of Services. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended tochange the number of calendar days for completion of the work boread: new completion date is 03/31/2018. III Section V, PAYMENT, ehmU be amended msfollows: 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 t Signature DOT Form 14o*on Revised 09/2005 Approving Authority Signature Summary of Payments Agreement No. 15-139 rt..i, ha­­t rijnn1pmpnt HI Surmlement #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 date change only 45,476.81 282,563.81 Direct Non-Salary Costs Jdncludes Subconsultant 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 Total 688,968.001 46,769.001 0.001 138,410.221 874,147.22 91-1, Anrnomnnt A....1—int III Sunniement #2 Supplement#3 Total Frank Zepp Bridge No. 91610406.1000.100 343,368.00 46,769.00 date change only 68,887., 459,024.94 Grady Way Bridge No. 91610407.1000.100 96,539.00 0.00 8,862.43 105,401.43 Beacon Ave. S Bridge No. 91610408.1000.100 1 249,061.00 0.001 60,659.84 309,720.84 C71 688,968.00 0.001 138,410.22 874,147.22 El r � CITY OF TUKWILA CONSTRUCTION ENGINEERING SUPPORT SERVICES Scope of Services Supplement No. 3 Prepared by: David Evans and Associates, Inc. 415 118th Avenue SE Bellevue, WA 98005 FEBRUARY 2017 95 TABLE OF CONTENTS TASK I0ASSISTANCE DURING BID PERIOD ........................ 2 TASK 8.0 CONSTRUCTION ENGINEERING SUPPORT SERVICES ......~~..2 8.O1 FRANK Z899(D18UTB STREET) CONSTRUCTION ENGINEERING SUPPORT SERVICES .................................... 2 8.01.01 Project Management -(DEA TASK) .................................................................................................................................... 2 8.81.02 Construction Office Support Services- Frank %epy( TranTecb) ........................................................................... 3 8.01.03 Construction Field Support Services (Tcao7ecb) ......................................................................................................... J 8.U1.04 As-Built Record Drawings (TraoTec6) .............................................................................................................................. 4 8.02 BEACON AVENUE CONSTRUCTION ENGINEERING SUPPORT SERVICES ................................................................... 4 8.O3.01 Project Management 8.O2.02 Construction Office Support Services - Beacon Avenue ............................................................................................ 5 8.02])3 Construction Field Support Services .................................................................................................................................. 5 O.02/D4 As-Built Record Drawings - Beacon Avenue .................................................................................................................. u O.O3CDADY WAY CONSTRUCTION ENGINEERING SUPPORT SERVICES ........................................................................... b 8.O3.O1 Project Management - Grady Way ...................................................................................................................................... 8.O3.O2 Construction Office Support Services - Grady Way ..................................................................................................... 7 8.O3.O3 Construction Field Support Services .................................................................................................................................. / City nfTukwila 2 Scope ofServices Major Maintenance on Three Bridges, Construction Engineering Support Services February 1, 2017 TASK 7.0 ASSISTANCE DURING BID PERIOD The deliverables in Task 7.0 are revised as follows: 2 ntt.,.,,J and paFtieipate iA PF,,_W AStFWetiwi ,,,eating 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. 8.01 FRANK ZEPP (S 180TH STREET) CONSTRUCTION ENGINEERING SUPPORT SERVICES 8.01.01 Project Management - (DEA TASK) 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 over the 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 WA ° Moo1hl`lommices 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 todate. Deliverables: 1. Monthly invoices and progress reports (12 assumed, time split among all three bridges). 8.Q1.O2 Construction Office Support Services- Frank Zcpp(TruoTech) 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 ofwork. C. Review Selected Shop Drawings and Material Submittals: The CONSULTANT will review and recommend action onselected 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 ofshop drawings and materials submittals by the Contractor to the CITY. D. Requests for Information (RFIs): At the C|TY's request, the CONSULTANT may be asked to provide assistance to the CITY in answering the Contractor's RF|s. 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 ofRepaired 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 ofWork. l. 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. 1. Shop drawing and material submittal reviews. 2. Responses toRF|s. 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 Field Support Services (TranTecb) The CONSULTANT shall provide Construction Field Support Services on an "on-call" basis at the [|TY'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 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 (TranTech) 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 CONSTRUCTION ENGINEERING SUPPORT SERVICES 8.02.01 Project Management 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 - 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 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. 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. 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) 8.02.03 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. City of Tukwila 5 Scope of Services Major Maintenance on Three Bridges, Construction Engineering Support Services February 1, 2017 100 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: Drawings, sketches, field notes, calculations, engineer reports, and other records as required. Inspection memorandum and repair list for condition inspection of steel superstructure 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 GRADY WAY CONSTRUCTION ENGINEERING SUPPORT SERVICES 8.03.01 Project Management - 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 101 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. 8.03.04 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 102 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 CDY's"As-built Record Drawing Requirements." 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 104 Exhibit D Prime Consultant Cost Computations Supplement 3 City of Tukwila Major Maintenance of Three Bridges, Construction Engineering Support Services Contract No.1 5-139 Budget No. 104.98.595.800.41.00 Summary of Construction Support (PE Support) Services Frank Zepp Beacon Avenue Grady Way TOTAL CONSTRUCTION SUPPORT SERVICES (PE SUPPORT) ALL THREE BRIDGES Total Construction Support Services (PE Support) FEE $68,887.94 $60,659.84 $8,862.43 $138,410.22 105 • 106 �t� i '` r � �: v wssv.:'��a ,.:. ✓'k g i i+$�'�" �r v7 "r l "�' !'Yy J�!"„ (,; ziy sVti4 ✓;�,�.y1`s }if�ifs W ,l�j�`„ SrwY„f >i+7� , i ii' J i x� ✓d ,.,.k>?• tP�`I,�F S Y'A �+ Yr kl ri'a �1 Ft ;R4 SY. �: 1 Fti 13 (7 i,.f: t Z,c 7s'q,4aZ'+'"�i7M 4 v?�n Y9d„'l9yrX ytZ,g "ar8 tr''q y. Ir r '�.0. i" §:L 5`'Y�r 4s iv;`Y �,,arr �i�r,v.4.f r:� miu'�f,lra„ ✓.•2' ,,, r.';��a,t, �k,u.,}ui'I>% nZr toY klv„��ukvR, .. ;�. + ",. O N f� ITr O) N 00 a) H} 00 ui 13 dla� w SvbiY G P f Jf c// O (M { ;w:, U) H� r MOdd) JOIBJ}siuiwPV 3oafad c °� � c°" N u 4 yf+ Gs (W),AS) jaBeuew AanmS co ww G o CD °� j - 0) CV) l"K', A r �— o o W r (Ioss);si;uaios Joiues �6 0 °O > O fl � Ni _ t9 M ((IVX3) Jo;eaIsiuiwpy ani�noax� Q M co coy LO f V% f11 O OD rn N (2lJWd) iaBeueW aoa(ad 2 0 6 •t0 o O U a° ?f: m z � N o m °' m W O V Z r F- Z { �cc «� x a f 5 1 C W _ .�h d W Gi m O �u U- �- i N a 4i y J N 't� f !rp r = '_ U) V) U U. ai N N = Q C w > R W a=i ~ 0 W L ? LU y ,0 = ° N �O tf O W 0 C Q Q N W 3 U U) U) U0 ° 6 3 -OU-Q N Ce) _ 0 0 0 0 C m pp O O O C1 0 3 w co 00 00 c a 106 City of Tukwila Major Maintenance of Three Bridges, Construction Engineering Support Services FRANK ZEPP Contract No. 15-139 David Evans and Associates, Inc. Prime Compensation for Subconsultant Cost David Evans and Associates Total Suhnnnsult2rits 8,988.14 - W/ DBE M/ DBE Hrs $ Total Trantech, LLC 486 59,899.80 Total 0.0% 0.0% 0.0% 486 Subconsultant Total 0% 69,899.80 Direct Expenses Sub-Total (including Subconsultants) 60,126.80 Total Costs 68,887.94 Page 1 of 1 \\blvfsl\project\tkTUKAOODOD014\OOODCON1002OPre-ContractkSupplement3\T3B-Suppl. 3-Fee DRAFT-3 Bridges- 2017- 01 -11- Review MASTERReinted: 2/1/2017, 8:33 AM 107 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 (SEEN) 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 (PLSLI) 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 6,109.14 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 Suhnnnsult2rits 8,988.14 - W/ DBE M/ DBE Hrs $ Total Trantech, LLC 486 59,899.80 Total 0.0% 0.0% 0.0% 486 Subconsultant Total 0% 69,899.80 Direct Expenses Sub-Total (including Subconsultants) 60,126.80 Total Costs 68,887.94 Page 1 of 1 \\blvfsl\project\tkTUKAOODOD014\OOODCON1002OPre-ContractkSupplement3\T3B-Suppl. 3-Fee DRAFT-3 Bridges- 2017- 01 -11- Review MASTERReinted: 2/1/2017, 8:33 AM 107 Exhibit E1 City of Tukwila Major Maintenance of Three Bridges, Construction Engineering Support Services FRANK ZEPP Contract No 15 -139 Trantech, LLC 1 2 3 4 E 4 7 a e to 11 12 ] fi S G p m r B tir f�f�i � /�YiY1 W_W m C c �qg A'h�'f`gJ�j)4Yr T e W U 74 7Ay rr A W g C c W F 6 4 /' "'M �b71��' "f' Work o o c C c r O o Eweaanta WorkElemem It reo n` w m° N ie w° in v a . f rantech LL �pf O' direct rates: S56.00 E54.50 550.00 536.00 550.00 E30.00 550.00 1 S50.00 Sg0.00 E37.DO 536.00 $20.00 � Totet Tt Total„ Ted Tbt�;f Totat T1 7oW �,!..�Tu m ,i,�7 9' ✓fi�p %.. i /,fi,l�J'`�f,ia nr ,`fast, rii.,,,,,f 8.01 Frank Zep 180th Street Construction En Support 8.01.01 Project Maria ement DEA Task)-3 �1' l 8.01.02 Office Support Services �yAAp%rp'i Pre- Construcim and Construction Meetings 16 4 4 2 2 4 2 4 ra S5,15 Shop Review, RFI's and Cha a Orders 16 16 48 30 14 16 6 20 2 8 14 4 1 $23,5 a ° Load Rating of R eEiared Structure 8 4 8 30;?! $5,84 { 8.01.03 Field Support Services ; ,rx.� s Feld Investigations 8 a 16 8 4 4 4 16 4 16 8 4 ;{r $11,94 Post Repair Iment Inspection 8 4 8 ptn ,. 634 Alf, 4 7aJy 8.01.04 As -Butte Record Drawin s 16 16 16 $10,559 , 14 rCw se.'` ": 35967 r00 dip: ✓h% =rr,y- EXPENSES S � $228 � r � v �4 SALARY ESCALATION 5 x'w1ki 'dv..4u, PROJECT WORN ELEMENTS TOTALS 72 52 92 76 20 20 12 40 8 56 24 14 486 $59,900 100. i Exhibit El City of Tukwila Major Maintenance of Three Bridges, Construction Engineering Support Services FRANK ZEPP Contract No. 15-139 Trantech, LLC Trantech, LLC Total $ 69,900 Page 5 of 9 WIR Direct Classification Hrs. X Rate = Cost I Project Manager 72 $ 59.00 $4,24-8 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 $ 69,900 Page 5 of 9 WIR Aft � Washington State /A Department of Transportation Lynn Peterson Secretary of Transportation February 10, 2016 TranTech Engineering, LLC 12011 NE 1st Street NE, Suite 305 Bellevue, WA 98005 Exhibit E1 Certification of Final Indirect Costs TranTech, LLC Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504 -7300 360 -705 -7000 TTY: 1-800-833-6388 www.wsdot.wa.gov 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(.wsdot.wa.gov. Regards; J N Manager, Consultant Services Office EKJ:rck Acceptance ICR Risk Assessment Review 110 Exhibit El Certification of Final Indirect Costs AMIL CWashington State PO Department of Transportation February 3, 2016 TO: Erik Jonson, Contracting Services' Manager TranTech, LLC Memorandum FROM: Schatzie Harvey, Agreement Compliance Audit ManagSr� 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 140.85% 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 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 .harve,ys@wsdot.wa.aov cc: Steve McKerney File DOT Form 70MB EF Ravised 5199 ill Exhibit El Certification of Final Indirect Costs TranTech, LLC Certification of Final Indirect Costs Firm Name: TranTech Engineering LLC Indirect Cost Rate Proposal: 140.85% Date of Proposal Preparation (mm/dd/yyyy): via/2o16 Fiscal Period Covered (mmlddlyyyy to mmldd/yyyy): 1 f1no15 to 12131/2015 1, the. undersigned, certify that i have reviewed the proposal to establish final indirect cost rates for the r1scal perlod 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 (PAR) 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 transections or events that have occurred affecting the firm's ownership, organization and Indirect cost rates have been disclosed. Signature: Name ofC 'title: LC 4 Date of Certification (mM/dd/yyyy): 'A � ZI 1 *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: htto : / /www.fhwa.dot.govllegsrecls !directives /orders(44701 a.litm O/H Certification; Nov 2010 112 R1 + H t Q W 0 M O ti N o cri ui cri �n o 6 6 r cis ea 113 bo (ert, (Wo`dd)1oIe1ISIUIWPb 409101d g o L "' (INAAS)1a6eueW Aan1nS o L : o sq s F x I A w(L{ (loss) 3Sl ;ualoS loluag T 9 N 9 1 r, (at1oS) v M M M M - Uehlupel OOdO loluag (NMI9) l99ul6u3 96Pu9 N N `O N " 0 > . o U p i C10 s s c laaul6u a6 IJ 101ua (N99S) 9 86P !Jig S 0 o o N o N 0 N 0 0 N o a. oDc o 00 0 L 6 > > d, (3dJW) � car O o- W° 199ul6u3101d BUI6eueW to d Z Z (HOM) 1a6eueW;Oa(01d a m o'. co 0 N .- CN N ° 00 co w 0 m cu 0 cn CO W J w ro O. • • U C) _° c � C � W W to > C 4 _0 E: O W s — _ O w, LL U cm C N LL! Z O J .4+ N N m i'. Q CD O + C CD Z f'n f E N Uyy L N U C "O' N n. W (D y ` -5 O J a M n 'if W O aiv c m CO OL O N o 0) CY N > to c m ai cr c- o H .O C O U O 'd (0 N W > W O O i C 3 c N— LL (— c 7 t1i 0 0 r C �` f9 00 G �` o v W J �. m 2 w o U D o D' -o 5 W ate+ V O r o 0 . . N Y ` C L O V 0 to J LL to m (� 0 a. U 4 y C N O N O M O O m O o 0 0 0 3 d Cd w 00 00 co OD o. 113 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 Expenses Reproduction Costs Copies Reports Plans Parking P20 Scanner Mileage Subtotal No. Classification Each Hrs. x Cost Direct Rate = Cost 1 Engineering Manager (ENGM) $ 12.00 0 $ 66.00 0.6-0 2 Project Manager (PMGR) sets @ 68 $ 66.00 4,488.00 3 Executive Administrator (EXAD) 0 $ 38.00 0.00 4 Managing Prof Engineer (MGPE) 300 10 $ 68.00 680.00 5 Professional Engineer (PFEN) 0 $ 44.00 0.00 6 Senior Bridge Engineer (SEEN) 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 Reproduction Costs Copies Reports Plans Parking P20 Scanner Mileage Subtotal No. Unit Each Cost 200 pages @ $0.06 /page $ 12.00 0 reports @ $15 /report $ - 0 sets @ $2 /set $ - 0 @ $8 $ - 0 @ $650 $ - 300 miles @ $0.535 /mile $ 160.50 Prime Compensation for Subconsultant Cost David Evans and Associates Total Su he Ons Liftents 173.00 60,659.84 - 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 k\blvfsl\project\t\TUKAOOD00014\DOODCON\002OPre-Contract\Supplement 3\M-Suppl. 3-Fee DRAFT-3 Bridges-2017-01-11-Review MASTER.xisPrinted: 2/1 /2017, 8:37 AM 114 M x ui 115 r dW zh 'twr y x Y'j 'Al r i�`�, if ry > .� ��, wt '�GrWa,',Wy� y d d j,;' W'�1tg i hp ,Kn,�dnl ,' n yy w�o,W d Xi Wt k }`yi�t/ a >✓ r4 d�'. ;� ,af7 ?yta %!d'�i'`�'%a�l$ WJ a ,w.4ux�lA✓'' fk xt +l3J,fSypwd�F ^�'r :`� fi �?�.! � A'f'li / �� d 4� 4 �1 ��V ;�� !J�! ( 1 +'A�'�h�rh���� � A✓�j IflO'i ."v�'� � Ai Jh/' � 1a '� ! ✓ �"#' d '.�. � « � W w C+Jtu r4 �S "yr / Ciir � yf' °� 4 P f « Z to Cl) N to 1.— LO O a) IT to •i.� 0) M It V t!) At. 00 w 0 } /4ddf?P AA' ( N Ln Ln (WO`dd) Jo;eJ;sluiuwPy;0a(o1d 4 m J� N � rn , (loss) Isi;uaio S �olue S T O e �� 'D�Gr N (Y4 N (avos) W g7 (NMA) �aaw6u3 a6pug LL ti � N M �`,;' WC) e�-I 4 Z o (NABS) 20 ° oo J99ui6u3 96Pug Jolua5 ° LO Lci tlf � (3dEWY) a o «� ! , ' I' o U v J99ui6u3 Jwd 6ui6eueW g }° Ln o / A C5 o (�IJWd) Ja6eueW Pafo.ad a ° ch �u V Z F ; +- to W O m U Z Q co U °' ,' �RrS } O,i 0 - S V RO E2 w L d` D: 0 W yr U fn O d'I W+ Z Q �O Cl) L' O Q U H E °— �, w a. C 'ctf w O Q R g M v w m w O N v 3 0 �' N O > ° ' a IN- W w W oitW m Z -p = E rn p W O N V N 0 J m Q o .2 N W OG G L) m O U C CLO UQ x M a o 0 0 `m E o 0 0 Cl) O w 00 00 cow o. 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 116 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. Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) Total Salary Cost M 2,804.00 Overhead Cost @ 181.82% of Direct Labor 6,098.23 Net Fee @ 30.0% of Direct Labor 841.20 Total Overhead & Net Fee Cost 6,939.43 Direct Expenses No. Unit Direct Classification Hrs. x Rate = Cost Engineering Manager (ENGM) 0 $ 66.00 0.00 Project Manager (PMGR) 6 $ 66.00 396.00 Executive Administrator (EXAD) 0 $ 38.00 0.00 Managing Prof Engineer (MGPE) 5 $ 68.00 340.00 Professional Engineer (PFEN) 0 $ 44.00 0.00 Senior Bridge Engineer (SBEN) 7 $ 62.00 434.00 Bridge Engineer (BREN) 16 $ 47.00 752.00 Senior CADD Technician (SCAD) 14 $ 44.00 616.00 CADD Technician (CADD) 0 $ 30.00 0.00 Construction Manager (CONM) 0 $ 69.00 0.00 Senior Scientist (SSCI) 2 $ 48.00 96.00 Scientist (SCIT) 0 $ 34.00 0.00 Survey Manager (SVYM) 0 $ 65.00 0.00 Project Land Surveyor (PLSLI) 0 $ 42.00 0.00 Instrument Person (INST) 0 $ 26.00 0.00 Administrative Assistant (ADMA) 0 $ 22.00 0.00 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) Total Salary Cost M 2,804.00 Overhead Cost @ 181.82% of Direct Labor 6,098.23 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 Prime Compensation for Subconsultant Cost David Evans and Associates Total Q"henna"Ifiqnft 119.00 8,862.43 - VWDBE M/DBE Hrs $ Total Trantech, LLC 0 0.00 Total 0.0% 0.0% 0.0% 0 Subconsuftant Total 0% 0.00 Direct Expenses Sub-Total (including Subconsultants) 119.00 Total Costs 8,862.43 Page 1 of 1 k\blvfsl\projectkt%TUKAOOODOO14\OOOOCON\002OPre-Contract\Supplement 3MB-Suppl. 3-Fee DRAFT-3 Bridges-2017-01-11-Review MASTdkinted: 2/1/2017, 8:40 AM Ad■ V7Washington State A#F Department of Transportation May 19, 2016 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. Memorandum TO: Erik Jonson, Contracting Services Manager FROM: Scliatzie 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 Qwsdot.wa.gov Attachment cc: Steve McKerney File DOT Form 700-DD8 EF Revised 5199 117 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: 181.49 OH +.33 FCCM = 181.82 Date of Proposal Preparation (mm/dd/yyyy): o4/26/2o16 Fiscal Period Covered (mm/dd/yyyy to mmlddlyyyy): 11/2/2014 to 10/31/2015 1, the undersigned, certify that / 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 (mm/dd/yyyy): 05119/2016 *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: fillp://www.fhwa.dot.govAegsregs/directives/orders/44701 a.htm 0/1i Certification; Nov 2010 118 0 0 fir -;�' •,.� � !6 9 April 28, 2016 regon Kate Brown, Qcnvrnor The Board of Directors and Stockholders David Evans and Associates, Inc. (DEA) Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS RE: David Evans and Associates, Inc. Schedule of Indirect Cost Rate, Fiscal Year Ended October 31, 2015 Department of Transportation Central Services — Audit Services 355 Capitol St. NE— MiS52 Salem, OR 97301 -2528 (503)956 -3213 We have performed a cognizant review of documentation and the working papers of your independent CPA firm, Grant Thornton (GT), of their audit of the Schedule of Indirect Cost Rate for David Evans and Associate's (DEA) Fiscal Year Ended October 31, 2015 in accordance with our role as Cognizant Agency as defined in 23 U.S.C. I I2(b)(2)(c) and 23 CFR 172.3 and 172.7. Our cognizant review was performed in accordance with the AASHTO Review Program 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 documentation 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 the fiscal year ended October 31, 2015 at 181.49% of 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 of DEA has any questions, please contact me at (503) 986 -3213 or Ruth Wu at (503) 986 -4003. SincereI Margar Cale, CP ' External Audit Manager Oregon Department of'fransportation CC: Marcus McGarity, Chief financial Officer, David Evans and Associates, Inc. Tony Parke, Partner, Grant Thornton Inc. 119 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. 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 GENERAL OVERHEAD Indirect Labor Occupancy Communications Supplies and NonCap Equipment Service Contracts Publications and Memberships Computer Hardware - NonCap Computer Software - Noncap Computer Supplies Repairs & Maintenance Vehicle Expense General and Administrative Public Relations Selling Expense Training Expense Employee Recruiting and Retention Professional Services Business Insurance Taxes, Licenses and Fees Depreciation and Amortization Bad Debt Expense Contributions Misc Expenses 401k Matching & ESOP Contribut Profit Sharing Expense (Bonus) Reserves and Settlements - Non Ops Interest Expense (net of Interest Income) Gain /Loss on Sale of Fixed Ass Dividend Income Deferred Compensation Misc Other Income /Expense /Penalties Grp Med Insur Reimbursement Gain /Loss on Investments Rental Income-External Federal Income Tax State Income Tax Support Services Allocation TOTAL GENERAL OVERHEAD TOTAL INDIRECT COSTS & OVERHEAD RATE DEEI Allocation (Home Office) DEA Corp Allocation to Onsite TOTAL AFTER ALLOCATIONS $ 17,937,448 $ $ (425,434) a,b $ 17,512,014 $ 17,599,330 $ (442,582) $ (1,161,826) a, b,c $ 15,994,923 $ 7,033,717 $ $ (566,009) d $ 6,467,708 $ 823,801 $ $ (44,930) d $ 778,871 $ 512,521 $ (182,429) $ f $ 330,092 $ 631,971 $ - $ $ 631,971 $ 265,857 $ $ (350) e $ 265,507 $ 166,324 $ 166,324 $ 611,675 $ 611,675 $ 1,398 $ 1,398 $ 63,309 $ 63,309 $ _ 1,956,033 (459,555) (9,844) f,g $ 1,486,634 $ 727,861 $ $ (55,822) g h $ 672;039 $ 242,501 $ $ (242,501) b $ - $ 511,438 (19,814) g,h $ 491,624 $ 345,003 $ $ (25,223) g h $ 319,780 $ 579,696 $ $ (360,981) hj $ 218,715 $ 691,832 $ $ - $ 691,832 $ 1,122,388 $ $ (6,694) $ 1,115,694 $ 650,542 $ $ - $ 650,542 $ 1,686,740 $ $ $ 1,686,740 $ 110,076 $ $ (110,076) k $ - $ 192,554 $ $ (192,554) 1 $ $ (6,017) $ (6,017) $ 3,881,031 $ $ (449,841) a,t $ 3,431,190 $ 324,122 $ (324,122) k $ $ 214,304 $ $ (214,384) m $ (80) $ (28,107) $ (28,107) $ (146,246) $ $ $ (146,246) $ (832) $ $ (556) n,o $ (1,388) $ (4,406) $ (4,406) $ 1,507,362 (1,507,362) p $ $ 284,704 (284,704) p $ $ (200,432) $ (200,432) $ 41,850,184 $ (582,699) $ (5,577,593) $ 35,689,891 59,787,632 $ (582,699) $ (6,003,027) 53,201,906 $ 1,198,142 $ $ (434,191) (q) $ 763,952 $ (2,437,484) $ $ 244,738 (r) $ (2,192,747) 58,548,289 (582,699) (6,192,480) 51,773,110 TOTAL INDIRECT COSTS & OVERHEAD RATE AFTER ALLOCATIONS 205.24% FCCM (Facilities Capital Cost of Money) COMBINED INDIRECT COSTS & OVERHEAD RATE FAR References and Notes (a) 31.205 -6 and 31.201 -4 Compensation and Allocability 120 181.49% 0.33% 181.82% (b) 31.205 -1 Public Relations Costs (including directly associated costs) r Prime Consultant Cost Computations CERTIFICATION OF INDIRECT 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 0) 31.205 -19 Insurance and Indemnification (k) 31.205 -3 Bad Debts (1) 31.205 -8 Contributions of 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 121 . 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 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. 5 122 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 1,041292 1,041292 Vacation Paid 3,650,381 3,650,381 Termination/Severance 58,837 58,837 New Employee Signing Pay 80,679 (90,679) - 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 Sr 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 Camp 577,538 577,538 Other Payroll Related Cosa 79,000 79,000 Public Relations Calculated Fringe Elimination (344,755) (344,755) 1 FRINGE BENEFITS 17,937, (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 942,706 - 842,706 Vehicle Expense 1,956,033 (459,555) (9,844) 1,486,634 4,17 General and Administrative 727,961 (54,887) 672,974 3.4 Public Relations 242,501 (242,501) - 1 Selling Expense 511,438 09,029) 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 1,122,398 (6,694) 1,115,694 7 Taxes, Licenses and Fees 650,542 650,542 Depreciation and Amortization 1,686,740 1,696,740 Bad Debt Expense 110,076 (110,076) - 6 Contributions 192,554 (192,554) - 5 Misc Expenses (6,017) (6,017) Profit Sharing Expense 774,694 (449,941) 324,943 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 (90) (80) Fin-cc Charges 3,727 (3,727) - 11 Gain/Loss an Sale of Fixed Assets (28.107) (28,107) Deferred Compensation (146,246) - (146,246) MJsc Other Income/Expense (B32) (556) (1,388) 14 Rental Income-Extem2l (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 35,780205 Labor Burden and General Overhead Expense Before Allocation $ 59,787,632 (582,699) $(5,912,713) $ 53,292,220 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) labor Burden and General Overhead Expense 5 Direct Labor 28,526,415 28,526,415 Overhead Expense Rate 205249/6 181.80% 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. 5 122 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. David Evans and Associates, Inc. COMMENTS ON 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 V 4. Excess travel costs - FAR 31.205-46 r 5. Contributions or donations - FAR 31.205-8 6. Bad debt - FAR 31.205-3 r 7. Officers' life insurance - FAR 31.205-19 V 8. Bonuses paid not in accordance with established plan - FAR 31.205-6(f) r 9. Compensation for personal services - FAR 31205-6(p) r 10. Gains on sale of capital assets - FAR 31.205-16 11. Interest and other financial costs - FAR 31.205-20 12. Entertainment - FAR 31.205-14 13. Income taxes - FAR 31.205-41 14. Fines, penalties and mischarging costs - FAR 31205-15 15. Signing bonuses - FAR 31.205-6(o and FAR 31.201-4 V 16. Rent, idle facilities 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 r 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. 6 123 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 31.205-6(j), 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 Moncy (ECChQ 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 Entertainmen 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. 124 Local Agency Cost Plus Fixed Agreement Number: A &E Professional Services Fee Consultant Agreement FirmlOrganization Legal Name (do not use dba's): David Evans and Associates, Inc. Address Federal Aid Number 1.115 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 Yes ❑i No Yes ❑ 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. Yes Q No DBE Participation Total Amount Authorized: 423,116.68 ❑ Yes Q No MBE Participation Management Reserve Fund: Yes Q No WBE Participation Maximum Amount Payable: 423,116.68 ❑ Yes 7.8% ❑ 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 Exhibit 11 Hability 1115ul allec 'ITICT casc Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 311112016 125 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City ofTukwila hereinafter called the "AGENCY," and the "Finn / Organization Name" referenced on page one (1) of this AGREEMENT hereinafter called the ^^C0N8DLTANI^` 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 nfu CONSULTANT tnprovide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes rc)n1iog to professional registration, if applicable, and has signified u 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: U. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary tV accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and rc}odcd equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. KU, General Scope of Work The Scope ofWork and projected level o[effort required for these SERVICES is described in Exhibit "A" attached hereto and 6v this reference roudouoartnftbio AGREEMENT. The General Scope ofWork was developed utilizing ycrfbrnoocobased contracting methodologies. UUl, General Requirements Al] �����oo�1���of�im w�m�i���' ��,�b�°��m��| receive aspects 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 zcguidug CONSULTANT participation. The nnioinuomn required hours or days' notice shall hc agreed 1n between the AGENCY and the CONSULTANT and shown io 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 ao 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 uodcr this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number LocalAgency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2uft4 qQ*1 t�0Y0 �� �� Participation for Disadvantaged Business Enterprises (DBE)o« Small Business Enterprises (SBF),if per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. lf DBE firinuare utilized at the commmxcoccmeotofthis AGREEMENT, the amounts authorized 0n 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 isaDBE certified firm they must comply with the Commercial Useful Function (LlJF) regulation outlined iu the /\GENCl,`s"DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recoonnncodcd" but not required, that non-DBE Prime [ONSlJIJ}\NT9 perform armioimouzo of3O%ofthe total amount nf this AGREEMENT. The C(JNSlJIJANl[ on 4r000tb}y hooim, is required to submit DBE Participation of the amounts paid to all DBE finna 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 I)u1u." 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 nf the AGENCY. Reuse 6v the AGENCY orhy others, acting through oc 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 tothe CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party 6v(i) certified mail, return receipt requested, oz(iU6v email or facsimile, to the address set forth below: TftoAGENCY- IftoCONSULTANT: Nun>u: Steve Cara1eoo,P.E. Name: &4o SbeikJ/zodcb"P.B. Agency: City ofTukwila Agency: David Evans and Associates, Inc. Address: 6300 SnuUzccotcrI)lvd Ste 100 Address: 1115 West Bay Drive NW, Suite ]Ol City: Tukwila State: WA Zip: 98108 City: ()knmnia State: \9A Zip: 98502 8roui|: steve.carstens@tukwila.wa.gov Email: ozxsb@deuioo.cooz Phone: 206-431-2446 ext. 1846 Phone: 300-800-7551 6J]6O-h20-S0O5(o) Facsimile: PacmboUo: 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 3ofY4 Revised 311112016 127 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 Jc2&d 311112016 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 AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 311112016 129 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 Joa®ed 311112016 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he /she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub - consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100 -259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged 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 131 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 perfiormed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and /or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local AgencyA &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 n(012ed 311112016 X11. Legal Relations The CONSULTANT, any 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 1obc 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 (8TATE) and the AGENCY and their officers and crup\Vyenn bunnlcmu from all claims, demands, or suits at |ovv or equity arising in vvbolo or in pmt 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 bc legally liable; provided that nothing herein shall require uCONSULTANT 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 o[ or breach of any obligation under this AGREEMENT by the SI/Q-E and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors orvendors, 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, ot0ucro, crnp|uyccs" 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 ohuU be valid and enforceable only 1othe extent ofthe C()NSDIJANT^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 hc legally liable. This provision shall ho included ivany 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 oluionm, demands, or suits at law or equity arising in whole nrin 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 io connection with the AGREEMENT of methods, processes, designs, information oz other items furnished nr communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity dbuU not apply to any alleged patent orcopyright 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 /&GENCY`a, 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 Uub|c. 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 itim found after due notice and examination 6v the AGENCY that there is aviolatino of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT iothe procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically ueaumncm pntcudul liability for actions brought bythe C(JNSlJl][&NT`m ovvo 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: LocaAgencyA4EPmfessional Services Cost Plus Fixed Fee Consultant Agreemen Pagegnft4 Revised 311112016 133 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 Jc34ed 311112016 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. X111. 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 X1 "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. XV1. Certification of the Consultant and the Agency Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 311112016 135 XVI8~ Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon hvthe parties. No agent, m representative nf either party has authority b/ make, and the parties shall not bc bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, nr modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVUHU~ Execution and Acceptance This AGREEMENT may be simultaneously executed ioseveral 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 hy 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 io connection with this AGREEMENT orits performance may consist of information that ioexempt from disclosure tothe public or other unauthorized persons under either chapter 42.5O RCWor other local, state or federal statutes ("3tate"o Confidential luf00001ion"). The ^^8bdo"m Confidential Information" includes, but ia not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card iob)nou1inu" driver's license numbers, zocd;ua) du1u" 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, orimDVooa±iou which may jeopardize any part of the project tbn1reluieotouoyofdhemetypcuof iofbouu1ioo. 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 onop}oycoo, oob-uooaoltuoto 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 orumprovided by \ap/ The CONSULTANT agrees to release such imfbmoo1ioo or material only to unoy\nyccm' sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved 6v the AGENCY. The CONSULTANT agrees tn 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 lufoouutino'or/i0r�1uroodul)nf1bc8��c'y[oo�d�o1iu|Iofbnon1ionto�bc/�GEJ�[��or/iiUtakevvbu1everotbcr , `' ' (iii) steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-O3'the CONSULTANT shall maintain u 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 nfthe State's Confidential Information. The C(}NSTJIJANT`sn:uorda 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 ufthe State's Confidential Information collected, used, nc acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but ionot limited to, salting databases. Agreement Number: LocalAgencyA8EPmfesaional Services Cost Plus Fixed Fee Consultant Agreement Page f2nft4 Apj&d 311112016 Violation of this section by the CONSULTANT or its or subcontractors may result in tennination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, orpenalties. 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 000fideodu|ityof such information during the bcnnof this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall he 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 an&or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b)ao soon uusuch confidential or proprietary material is developed. "Proprietary and/or confidential iofbnmu1ioo" is not meant to include any information which, atthe time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by u third party that is not acting um an agent nrrepresentative 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 ua the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. /\s such, the AGENCY shall maintain the confidentiality ofall such information marked proprietary and/ or confidential or otherwise cxeon[u, unless such disclosure is required under applicable state or federal law. If public disclosure request ia made tn view materials identified uu "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 ucoud order from u court ofcompetent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information oo the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include uuo6-couou|tuot`a proprietary and/or confidential information. The CONSULTANT notification tothe 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 oldojno a court order from u court ofcompetent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail tnobtain u court order or other judicial relief enjoining tbe/\GENCYhythorc)eaocdatc"tboCANSDITANTabal|vvaivn and release and shall hold harmless and indemnify the AGENCY from all claims nfactual nr alleged damages, liabilities, or costs associated with the AGINCY`u said disclosure Vfsub-oonuu/tunto"information. XX~ Records Maintenance During the progress of the Work and SERVICES provided hereunder and for aperiod of not less than six (6) years from the date of final payment tothe CONSULTANT, the CONSULTANT shall keep, cc1uiu 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 uf business during normal working hours. If any litigation, o}uinu or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. ^^Douunucnts" shall bo retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (h) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information (^^£SI"),that is io the possession, control, nz custody ofthe CONSULTANT, including, vvidbnu1 limitation, any and all ouormpoudeucco, contracts, AGREEMENT ^u, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, 8:|sgruo/m, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribhUoga, recordings, visual displays, photographs, minutes nfmeetings, Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page Y3ofY4 Revised 311112016 137 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. Signature X"Aj Signature February 1, 2017 Date 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 1018ed 311112016 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 139 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) o 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: o 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. o 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 140 • 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 perform tasks as described below: Davide Evans and Associates, Inc. 3 Scope of Services Major Maintenance of Three Bridges, Construction Management Services January 31, 2017 141 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 142 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 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 (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 143 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 BFI'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) o NPDES Construction Permit (TESC and water quality requirements). o 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 CI, 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 144 • Orderly transfer of field records and documents, including as -built drawings and specifications. • Resolution of outstanding contractual issues e.g. changes or claims. o Assessment of liquidated damages, if any. o 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 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. 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 145 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 IT, M. 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 Cl; • 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 (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. 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 147 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) o NPDES Construction Permit (TESC and water quality requirements). o 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 I , 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: o 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. o 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, Inca 11 Scope of Services Major Maintenance of Three Bridges, Construction Management Services January 31, 2017 149 • 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 documents 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 (CI 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 . 150 • 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 project. 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 151 152 TranTech, LLC is an SBE (7.8%) per Federal definition. Exhibit B DBE Participation Agreement Number: WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 1013012014 153 154 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data 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 155 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: WSDO T Form 140-089 EF Exhibit C Page 2 of 4 156 Revised 1013012014 II. Any Other Electronic Files to Be Provided None. 111. 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 157 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 4 158 Revised 1013012014 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 159 160 Frank Zepp 161 1- 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 x 3 4 17 k I `o °' a 105 io c o `" ii' di a c iA W 1r{ Pz W c ,E a o o Q LL E bl�ix Y�f , 2 Cm pC,p# ltl y, A h Fl '1 %t Work Element q Work Element 0 z o C. w U io 'PE ry DEA ; direct rates: o0 $ 25 $ 00 $7�d2 00 $33.00 R, ` P' 4'? i u i " 1' d ' , 'i,4 +t 1Y.'fl:''4L �+{il k;* ,`'' % 41a W �✓k'k:'nd{ TotaF�N t {1tu Il I) �"�' �l +<i�Ytk I ly ,�d 'O rev, ply 1.1 RE Construction Management Services irE r7{ ✓' , f r 73EI' X�� A {; r ,r, 1�r , d, 1.1.1 Pre - Construction indudin Agenda 7 $1,572 1.1.2 Subconsultant Coordination g $2,021 1.1.3 P±Iy Oversight of Construction Activities 136 $30,533 $6,342 1.1.4 FNR Reviews, Progress Estimate Be epons and Invoicin 23 3 8 1.1.5 Weeldy Contractor Meetings 73 $16,389 $8,307 1.1.6 Submittal Reviews and Management 377 1.1.7 Coordination and Re ones to Contractor RFIs 11 1Y 34" $2,470 34 $7,633 1.1.8 Manages and Processes Change Orders 1.1.9 Reviews and Monitors Contractors Schedule 11 � iS,1� $2,470 �y�,9,:rd n; w� { di 7Y 1.2 Field Inspection " (- 5 $565 1.2.1 Contract Documents Review 5 M1'7� V11 7% 022 $226 $92,915 , d>kb 1.2.2 Preconstruction Meeting 2 1.2 Dai Site Observation and Preparation of FNR 822 .3 1.2.4 Special Inspections rantech -see Exhibit E1.1 for hours)' { Y mn 21i1 " C" fy t i >32! 1rY nr, 1.3 Contract Documentation 1.3.1 Documentation (RFIs, progress payments, Sublet approvals,( Submittals Tracking, up to 10 C.O.s, ROM Maintenance ) 297 37 334 ' e' 33 $37,379 (i 1.3 ROM Develo ment and Management 14 $3 143 .2 Work Element 1.3 Total - 297 ' 14, 37 348 $4p 5 2 1.4 Materials Testing" (Mayes Testing-see cost under Subconsultants, Exhibit E2.1 Work Element 14 iotai yr� � 1.5 WSDOT Shop Inspection See cost under "Direct Expenses", Exhibit D -2.1 Work Oren Subconsultant Fees $26,658 $1,869 EXPENSES SALARY ESCALATION PROJECT WORK ELEMENTS TOTALS 341 1126 3 14 45 1529 $240,491 100.0006 163 - VWDBE 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 $ 240,491 164 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 -Subconsuftants - VWDBE 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 $ 240,491 164 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 2 3 4 S COED, Y� �� � 4 � i pp UJ in c a c � m of W � W ✓' � nJ,' " ` � "� � yv��'. N 'tf Y aad+✓ M 1G Work to 'ZS Of of m .� �Aif iiru �orA Y �iC J Element # Work Element �. W CO CL ✓F'✓��� ,. TraMech, LL. �� . direct rates: S36.00 Eas.00 se5.00 $50.00 `♦4 „.,� 'f 1 Y'.l ht OE IN ?:'4^Y 7 ✓p J f Ica,�,^, M7"wg yt f y fif1 ^yl k.. �, M j p1✓ :a Jfi4� 'u�' ,. '�krY�V,,SVd',f uM i»r „ak d,+�u . ,.� a /51 .' C9'Ui 4 VkrMD! frm.,z�y�t y» ) ,otai sJ ✓r$n�rX��, wi, 'f �;4 iadt ro” ��.�F�, Rtiv��!�Sul gggf 1.2.4 Special inspection $12,188 Paint ins ection 100 1p04; t �i i Polyester Inspection 50 �r ' ' l4 �V $4,875 ,}"{r"�f�(' iV'� !X4 /i•i' f kJ � J,,rrnn u h �a.n6rP 143� " + �i ➢,�I 0pp fJ J J� 1 r ro f 9,j1 X �i !Y N*j F ,�ir,Ar4i✓ G ✓��'fy.�n�i;'h �SNf fi L:.W. x� ✓ 2Xryry , EXPENSES SALARY ESCALATION PROJECT WORK ELEMENTS TOTALS 50 100 150 $18,896 100.00% 165 Exhibit E Subconsultant Cost Computations City of Tukwila Major Maintenance of Three Bridges, Construction Management Services FRANK ZEPP Exhibit E-1.2 Trantech, LLC Total Hrs. 150 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ Total Salary Cost Overhead Cost @ 140.85% of Direct Labor Net Fee @ 3D.0% of Direct Labor Total Overhead & Net Fee Cost Direct Expenses Reproduction Costs Plans Parking Mail/Deliveries/Fed Ex Mileage Subtotal Trantech, LLC Total 166 0 year(s) No. Unit Each Cost Direct Classification Hrs. X $ - Rate = Cost 1 Special Inspector 1 50 $ 36.00 $1,800 2 Special Inspector 11 100 $ 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 Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ Total Salary Cost Overhead Cost @ 140.85% of Direct Labor Net Fee @ 3D.0% of Direct Labor Total Overhead & Net Fee Cost Direct Expenses Reproduction Costs Plans Parking Mail/Deliveries/Fed Ex Mileage Subtotal Trantech, LLC Total 166 0 year(s) No. Unit Each Cost $ 6,300 $0 $ 6,300 $ 8,874 $ 1,890 $ 10,764 $ 1,832 18,896 ea $ - ea $ - 0 sets @ $2 /set $ - 10 @ $8 $ 80.00 2 @ $20 $ 40.00 3200 miles @ $0.535 /mile $ 1,712.00 $ 6,300 $0 $ 6,300 $ 8,874 $ 1,890 $ 10,764 $ 1,832 18,896 SUBCONSULTANT FEE DETERMINATION DIRECT SALARY COSTS (DSC) Personnel Hours Exhibit E Subconsultant Cost Computations Exhibit E1.3 Rate Mayes Testing Costs 1/13/2017 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 3,035 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 CQST5J-QNSC 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 7,762 for Frank ZeppJ PAYMENT 5,174 for Beacon Avenue Services will be paid on a DSC multiplier equal to 3.213 Page 1 of 1 167 I •: =AW VOTIM, 169 170 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 s 4 17 z O w d _ E E zt i 2 CMw c & a, Work c o CD Element# Work Element 0 U � 2 � a �#DE.J1r ",c,' DEA 8 direct rates: $7200 $36.25 1 $38.00 1 $72.00 $3400il�n ru"�f `5 q+" Iy p1NrY(';ti,. Ap A .{df.� <, atf'sry`T#?a) '.;tire" �° ', u>�r ttry!;, vi1' Xr C.'nT4taj �j�)1 , " d�F' i�l fa' Sm1" �YG' y 1�( tGY' u*+ Y4uSi^. Yu�iYYY, l�: �r° �M1iadt': ��nl✓"'' uh1i9Fit �i' t, ?r, IWAh' :f'`EyY,:,PC'NN.,WIfll,.?hiSAf Y y�:.,.. ✓vt� %7,r`�',M �a ") „ f -; llj �, ; )) v ", 23'r 68 ) � n1r $1,123 tA; i , " 2.1 RE Construction Mana ement Services# 2.1.1 Pre - Construction Including Agenda 5 2.1.2 Subconsultant Coordination 6?n# $1,347 2.1.3 Daily Oversight of Construction Activities 91 $20,430 $4,359 $11,001 2A A FNR Reviews, Progress Estimate Reports and Invoicing 15 3 6 2.1 Weekly Contractor Meetings 49 .5 2.1.6 Submittal Reviews and Management 25;ds $5,813; 2.1.7 Coordination and Res ones to Contractor RFIs 8 $1,796 $5,164 2.1.8 manages and Processes Change Orders 23 2.1.9 Reviews and Monitors Contractors Schedule 8 $1,796 Jo,,.,w °�52,r z�� !CR ° WEle�ent,�;'��Total ✓'SAN, �.. ,, .,6 "r ,,23t�ir . + ruc u § C ° ; � r "` �pi�,: ti ' 2.2 Field Inspection $339 $226 2.2.1 Contract Documents Review 3 2.2.2 Preconstruction Meeting 2 2.2.3 Daily Site Observation and Preparation of FNR 554 554 i $62,621 2.2.4 ranTech see cost under Subconsultants Exhibit D2.2) z 2.3 Contract Documentation Documentation (RFIs, progress payments, Sublet approvals, r 2.3.1 Submittals Tracking, up to 10 C.O.s, ROM Maintenance) 200 25 225 9 r $25,257 $2,021 2.3.2 ROM Development and Management 9 Wont Element 2 3Total 290 r 9,26 234 S2� 27>S . # 2.4 Materials Testing" (Mayes Testing-see cost under Subconsu�Exhibit 2" Work Element 2.4 Total 2.5 WSDOT Shop Inspection See cost under "Direct Expenses", Exhibit D-2.2 r A $19,094 `r5ii r.`;ry mt h Subconsultant Fees EXPENSES $1,066Fr SALARY ESCALATION)u, PROJECT WORK ELEMENTS TOTALS 230 759 3 9 31 1032 $163,253 100.00% 171 Prime Compensation for Subconsultant Cost David Evans and Associates Total $ 144,159 - WIDBE 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 $ 163,253 172 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 I Construction Manager (GUN-M) 230 $ 72.00 $16,560 2 Construction Inspector (CINS) 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 I @ $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 - WIDBE 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 $ 163,253 172 Exhibit E Subconsultant Cost Computations Exhibit E-2.1 City of Tukwila Major Maintenance of Three Bridges, Construction Management Services BEACON AVENUE Trantech, LIC 1 2 3 4 6 1 W (D 'a 'a T 0 LU (D W ts rc Work 2 Element # Work Element W U2 V) M Trantec —00 direct rates: $56 $45-00 1 $65-00 $50-OD X", 'k g4"t n AM T i $9,751 2.2.4 Special Inspection rs .. A . .... 31i d Paint Inspection 80 Polyester Inspection 30 $2,925 "Pop"g, "M "?A'T R, MAW" 31,1r,"R91 $1,244 pfdnlh EXPENSES SALARY ESCALATION PROJECT WORK ELEMENTS TOTALS 30 80 AAV Sd3,920 I00.00%1 1 173 1 2 3 4 5 6 7 8 9 10 11 12 174 Exhibit E City of Tukwila Subconsultant Cost Computations Major Maintenance of Three Bridges, Construction Management Services BEACON AVENUE Exhibit E-2.2 Trantech, LLC Total Hrs. 110 Salary Cost $ 4,680 Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) Total Salary Cost Overhead Cost @ 140.85% of Direct Labor Net Fee @ 30.0% of Direct Labor Total Overhead & Net Fee Cost Direct Expenses Reproduction Costs MaterialsTesting (Mayes Testing) WSDOT Fabrication Inspection Plans Parking MaiUDelivedes/Fed Ex Mileage Subtotal Trantech, LLC Total No. Unit Each Cost Direct 0 Classification Hrs. X $ - Rate = Cost Special Inspector 1 30 $ 36.00 $1,080 Special Inspector 11 80 $ 45.00 $3,600 Senior Bridge Engineer 0 $ 65.00 $0 Bridge Engineer 0 $ 50.00 $0 Project Engineer/Scientist 0 $0 Engineer/Scientist 3 0 $0 Engineer/Scientist 2 0 $0 Engineer/Scientist 1 0 $0 Lead Tech 0 $0 Senior Technician 0 $0 Technician 0 $0 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) Total Salary Cost Overhead Cost @ 140.85% of Direct Labor Net Fee @ 30.0% of Direct Labor Total Overhead & Net Fee Cost Direct Expenses Reproduction Costs MaterialsTesting (Mayes Testing) WSDOT Fabrication Inspection Plans Parking MaiUDelivedes/Fed Ex Mileage Subtotal Trantech, LLC Total No. Unit Each Cost $0 $ 4,680 $ 6,592 $ 1,404 $ 7,996 $ 1,244 13,920 0 $0 ea $ - 0 $0 ea $ - 0 sets @ $2 /set $ - 10 @ $8 $ 80.00 2 @ $20 $ 40.00 2100 miles @ $0,535 /mile $ 1,123.50 $0 $ 4,680 $ 6,592 $ 1,404 $ 7,996 $ 1,244 13,920 SUBCONSULTANT FEE DETERMINATION DIRECT SALARY COSTS (DSC) Personnel Hours Exhibit E Subconsultant Cost Computations Exhibit E-2.3 Mayes Testing Costs 1/13/2017 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 3,035 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 NONSAILARY COSTS (DNS 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 (DINISC) = $ 3,035 TOTAL AUTHORIZED AMOUNT = $ 12,936 7,762 for Frank Ze pp PAYMENT 5,174 for Beacon Avenue Services will be paid on a DSC multiplier equal to 3.213 Page 1 of 1 175 176 177 W.* 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. 1 2 3 4 17 0 z V V Q p� i�i,i, G Y C W �J, 0 0 ¢ 6y-1 a mY1µ�y§�"�ar G Wd5 E ( ,ppfbY `iisV 443h(�p s Work Element# Work Element v () N 'u�'E a DEA7y rW OEA�ry y y „a,Fatyywr,"r direct rates: $72.00 $36.25 1 $38.00 $72.00 $34.00 8r �n�t x�i�w %,,,�* �r��r r,,�r, rr�'.n�rvp� ambt��'�T ";rr iU� ��,;,.r�� f, �r,u:Ft „^'t�. �s�rn,�ai u,y” ;,; ar✓r�4, p,s."�k�!a,rvt „, ;# , , rT'dw ; �r�` � + �' 3.1 RE Construction Management Services 3.1.1 Pre - Construction Including Agenda 'N8 „r 3.1.2 Subconsultant Coordination 3.1.3 Daily Oversight of Construction Activities 13 3.1.4 FNR Reviews, Pro ress Estimate Reports and Invoicing 2 2 4? $1,110 $1,347 $674 $225 3.1.5 Weekl Contractor Meetings 6 �i itTr ,Pr,3�d s', - 3.1.6 Submittal Reviews and Management 3, 3.1.7 Coordination and Res ones to Contractor RFIs 1 3.1.8 Manages and Processes Chan 2e Orders 3� 3 ° 1y r I $674 r r 3.1.9 Reviews and Monitors Contractors Schedule 1 $225 'MrMrr'wY rk, , 1 n i p 3.2 Field Inspection 1 $113 3.2.1 Contract Documents Review $113 r i” 12.2 Preconstruction Meeting 1 1(r r 65 , 3.2.3 Daily Site Observation and Preparation of FNR 65� $7,347 r � 2] 1 8 �If�X�����h�r�v. � a fs�r T4 W to F', r M 3.3 Contract Documentation 3.3.1 Documentation RFIs, progress payments, Sublet a royals, Submittals T 24 3 $3,031 $225,i" 3.3.2 ROM Development and Management 1 ' .. .. u< xvr x''.. 'Work ^EleFiie "r1t 3 3 TQtal ;;t� ` , ` 24 1 ". ° 3 2$ 53 255 21 ^ . „ 0 3.4 WSDOT Shop Inspection See cost under "Direct Expenses", Exhibit D -2.3 Work Element SA total PRIME COMPENSATION FOR SUB. COST EXPENSES SALARY ESCALATION PROJECT WORK ELEMENTS TOTALS 31 91 2 1 7 132 $19,373 ####### 179 Prime Consultant Cost Computations City of Tukwila Major Maintenance of Three Bridges, Construction Management Services GRADY WAY Exhibit D-2.3 David Evans and Associates, Inc. Classification Hrs. x Direct 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 (SEEN) 0 $ 62.00 $0 Bridge Engineer (BREN) 0 $ 48.00 $0 Senior CADD Technician (SCAD) 0 $ 44.00 $0 Project Administrator (PADM) 7 $ 34.00 $238 0 $0 Total Hrs. 132 200 pages @ $0.06 /page $ Salary Cost Reports $ 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 im Adft mmm60m Washington State 1/0' Department of Transportation Lynn Peterson Secretary of Transportation May 23, 2016 David Evans & Associates, Inc. 179 W Sterling Pond Circle The Woodlands, TX 77382 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David tq dA9 sociates, Inc. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 T1Y. 1-800-833-6388 www.wsdot.wa.gov 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 ODOT. 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 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(a-),wsdot.wa.go . Regards; 9ONSO,?Z-V�� Manager, Consultant Services Office EKJ:kms Acceptance ICR Cognizant Review 181 V7A21b, Washington State AF Department of Transportation May 19, 2016 41 M PTI Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. Memorandum TO: Erik Jonson, Contracting Services Manager FROM: Sebatzie 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 Qwsdot.wa.grov Attachment cc: Steve McKerney File MA DOT Form 700-008 EF Revised 5799 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: 181.49 OH +.33 FCCM = 181.82 Date of Proposal Preparation (mm/dd/yyyy): 04/2812016 Fiscal Period Covered (mmlddlyyyy to mm/dd/yyyy): 11/2/2014 to 1W31/2015 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: Name of Certifying Official* (Print): Ryan Randall Title: Controller Date of Certification (mm/dd/yyyy): o5119/2016 *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: littp:/iwww.fhwa. dot .govAeqsregs/directives/orders/44701 a.htm 01H Certification; Nov 2010 183 .1 ! K Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS F . N o April 28, 2016 Idle Brown, Gcmernor The Board of Directors and Stoel,holders David Evans and Associates, Inc. (DEA) RE: David Evans and Associates, Inc. Schedule of Indirect Cost Rate, Fiscal Year Ended October 31, 2015 Department of Transportation Central Services — Audit Set-vices 355 Capitol St. NE — MS52 Salem, OR 97301 -2528 (503)986 -3213 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 hydirect Cost Rate for David Evans and Associate's (DEA) Fiscal Year Ended October 3I, 2015 in accordance with our role as Cognizant Agency as defined in 23 U.S.C. 112(b)(2)(c) and 23 CFR 172.3 and 172.7. Our cognizant review was performed in accordance with the AASHTO Review Program 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 documentation 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 the fiscal year ended October 31, 2015 at 181.49% of 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 of DEA has any questions, please contact me at (503) 986 -3213 or Ruth Wtr at (503) 986 -4003. Sincerel Margar Cole, CP ' External Audit Manager Oregon Department of Transportation CC: Marcus McGarity, Chief Financial Officer, David Evans and Associates, Inc. Tony Parke, Partner, Grant Thornton A Inc. Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. 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 $ 677039 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,l $ 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 185 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 i • . 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 Wit Direct Unallowable Costs Cost costs Net of FAR Description Total Cost eliminations -elminations ehninations 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 SLJTA & State PR Taxes 763,004 763,004 Union Benefits 705,196 705,196 Civic Duty Labor 20,876 20,876 Officer Supp Comp 577$38 577$38 Other Payroll Related Costs 79,000 799W Public Relations Calculated Fringe Elimination on (344,755) 1 FRINGE BENEFITS 17,512,014 GENERAL OVERHEAD I 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 Supplies (501,867) 512,521 501,867 (182,429) - 330,092 18 Service Contracts Publications and Memberships 631,971 265,857 - (350) 631,971 265,507 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) - I 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 1,122,388 (6,694) 691,832 1,115,694 7 Business Insurance Taxes, Licenses and Fees 650,542 650,542 Depreciation and Amortization 1,696,740 1,686,740 Bad Debt Expense 110,076 (110,076) - 6 5 Contributions 192,554 (192,554) - Misc Expenses Profit Sharing Expense (6,017) 774,684 (449,841) (6,017) 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) Discounts Taken (80) Finance Charges 3,727 (3,727) Gain/Loss on Sale of Fixed Assets (28,107) (28,107) Deferred Compensation (146246) - (146,246) Misc Other Income/Expense (832) (556) (1,388) 14 Rental income trial (4,406) (4," Income Taxes 1,792,066 (1,792,066) - 13 Support Services Allocation (290,432) (200,432) Total General Overhead Expense 41,850,184 (582A99) 35,780,205 Labor Burden and General Overhead Expense Before Allocation $ 59,787,632 $ (582,699) $ (5,912J13) $ 53,292,220 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 Direct labor 28,526,415 28,526,415 Overhead Expense Rate 205249/6 181.80% Facilities Capital Cost of Money Rate 033% Combined Overhead Expense and Facilities 182.13% Capital Cost of Money Rate The accompanying notes are an integral part of this schedule. 5 Wit Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. David Evans and Associates, Inc. COMMENTS ON 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 r 3. Alcohol - FAR 31.205-51 r 4. Excess travel costs - FAR 31.205-46 5. Contributions or donations - FAR 31.205-8 6. . Bad debt -FAR 31205-3 7. Officers' life insurance - FAR 31.205-19 8. . Bonuses paid not in accordance with established plan -FAR 31.205-6(f) V 9. Compensation for personal services - FAR 31.205-6(p) 10. Gains on sale of capital assets - FAR 31.205-16 V 11. Interest and other financial costs - FAR 31.205-20 12. Entertainment - FAR 31.205-14 13. Income taxes - FAR 31.205-41 14. Fines, penalties and mischarging costs - FAR 31.205-15 Pr 15. Signing bonuses - FAR 31.205-6(o and FAR 31.201-4 r 16. Rent, idle facilities 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 V 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 ff *T.* 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 Plan 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 Mo= ECCK 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'D Accounting Guide. Based on this comparison, the amount of $183,938 was disallowed in the Schedule of Indirect Costs. im Adlb► � Washington State /0 Department of Transportation Lynn Peterson Secretary of Transportation February 10, 2016 TranTech Engineering, LLC 12011 NE 1st Street NE, Suite 305 Bellevue, WA 98005 .Exhibit E Subconsultant Cost Computations CERTIFICATION OF FINAL INDIRECT COSTS Transportation Building TranTech, LLC 310 Maple Park Avenue S. E. P.O. Box 47300 Olympia, WA 98504 -7300 360 - 705 -7000 TTY 1 -800- 833 -6388 www.wsdot.wa.gov 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 a wsdot.wa.>;ov. Regards; 4J JN Manager, Consultant Services Office EKJ:rck Acceptance ICR Risk Assessment Review 190 Alft v7Washington State *0 Department of Transportation February 3, 2016 Exhibit E Subconsultant Cost Computations CERTIFICATION OF FINAL INDIRECT COSTS TranTech, LLC Memorandum TO: Erik Jonson, Contracting Services Manager FROM: Schatzie Harvey, Agreement Compliance Audit ManagEr� 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 140.85% 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 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 McKerney File DOT Form mo-oos EF RmInd W99 191 Exhibit E Subconsultant Cott Computations CERTIFICATION OF FINAL INDIRECT COSTS TranTech, LLC Certification of Final Indirect Costs Firm Name: TranTech Englneadng LLC Indirect Cost Rate Proposal: 140.85% Date of Proposal Preparation (mm/dd/yyyy): 1m/2o16 Fiscal Period Covered (mmlddlyyyy to mmldd/yyyy): vino15 to iwiaom 1, the,undersigned, car* 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 (PAR) 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. Aft known material transactions or events that have occurred affecting the firm's ownership, organization and Indirect cost rates have been disclosed. Signature: Name of Certifyin�F6fflclal* (Print) "nue: Date of Certification (minldd/yyyy): t e;, A (0 "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: littp://www.fhwa.dot._qovfle sregs/directives/orders/­`­44701a.litm 0/H Certification; Nov 2010 192 AdW MWashington State W Department of Transportation August 11, 2016 Exhibit E Subconsultant Cost Computations CERTIFICATION OF FINAL INDIRECT COSTS Mayes Testing/Terracon TO: Erik Jonson, Contracting Services Manager Memorandum FROM: Schatzie Harvey, Agreement Compliance Audit Managen� SUBJECT: Terracon Consultants, Inc. Indirect Cost Rate for Fiscal Year Ended December 31, 2015 We accept the audit work performed by BKD CPAs & Advisors related to the Terracon Consultants Indirect Cost Rate 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 CPA'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% FCCM). 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 harveysO,wsdot.wa.gov. Attachment cc: Steve McKerney File DOT Form 700-008 EF Revised 5/99 193 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 General and Administrative Overhead Costs Indirecdadministrative labor Travel expense Depreciation expense Amortization expense Gain — sale of assets Rent — office Insurance — general Insurance —professional liability Telephone Lab expense and supplies Supplies Equipment repairs and maintenance Fleet expense Maintenance contracts Licenses and taxes Equipment rental Property tax Office expense Printing expense Photocopy expense Data processing Utilities Building repair and maintenance Provision for doubtful accounts Dues and subscriptions Client development Temporary office help Freight/postage expense Professional fees Donations Employee expense Health and safety Employee relocation Employee education and training Interest expense Recruiting fears and expense Interest income Other income Other expenses Total Overhead 95,236,758 Nonailowable Allowable %of.Direct (1,979,886) (2) Total Costs Costs Labor Direct Labor 6,977,738 (6,977,738) (3) - Terracon $ 125,408,107 $ 125,408,107 100.001/0 Overhead on Direct Labor 15,601,110 2,839,641 - Vacation, sick, holiday leave $ 20,079,221 $ 20,079,221 7,208,260 Payroll taxes 18,340,560 18,340,560 2,195,000 Group insurance 24,659,365 24,659,365 - workers' compensation insurance 2,878,396 2,878,396 1,314,721 Profit sharing/401(k) 7,463,678 7,463,678 . 34,155 - 73,421,220 73,421,220 58.55% General and Administrative Overhead Costs Indirecdadministrative labor Travel expense Depreciation expense Amortization expense Gain — sale of assets Rent — office Insurance — general Insurance —professional liability Telephone Lab expense and supplies Supplies Equipment repairs and maintenance Fleet expense Maintenance contracts Licenses and taxes Equipment rental Property tax Office expense Printing expense Photocopy expense Data processing Utilities Building repair and maintenance Provision for doubtful accounts Dues and subscriptions Client development Temporary office help Freight/postage expense Professional fees Donations Employee expense Health and safety Employee relocation Employee education and training Interest expense Recruiting fears and expense Interest income Other income Other expenses Total Overhead 95,236,758 $ (9,613,318) (1) 85,623,440 7,952,953 (1,979,886) (2) 5,973,067 3,455,896 3,455,896 6,977,738 (6,977,738) (3) - (95,557) - (95,557) 15,601,110 - 15,601,110 2,839,641 - 2,839,641 7,208,260 - 7,208,260 6,138,761 - 6,138,761 2,195,000 - 2,195,000 3,989,264 - 3,989,264 1,314,721 - 1,314,721 2,850,721 - 2,850,721 34,155 - 34,155 784,467 - 784,467 167,700 - 167,700 257,733 - 257,733 1,489,435 - 1,489,435 349,130 (71,511) (4) 277,619 1,376,129 1,376,129 5,940,281 5,940,281 2,333,761 2,333,761 3,340,269 3,340,269 422,806 (422,806) (5) - 1,931,253 (58,062) (6) 1,873,191 2,495,729 (1,465,110) (7) 1,030,619 2,619,178 2,619,178 774,009 774,009 1,767,701 (418,078) (8) 1,349,623 330,500 (330,500) (9) - 2,423,700 (1,691,063) (10) 732,637 380,444 (25,300) (16) 355,144 442,865 (52,172) (11) 390,693 2,455,621 2,455,621 213,875 (213,875) (12) 602,035 - 602,035 (97,679) 97,679 (13) 78,071 (411,696) (14) (333,625) 835,686 420 ( 15) 836,106 189,414,120 (23,633,016) $ 262,835,340 $ (23,633,0]6) See Notes to Statement of Direct Labor, Fringe Benefits and General Overhead 194 165,781,104 132.19% $ 239,202,324 190.74% 3 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(1)(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. 31.2054(1)(7) Costs of memberships in civic organizations are unallowable. 31.205 -14 Entertainment costs are unallowable. 31.205116 Lodging, Meals, Per Diem in excess of GSA JTR Rates are unallowable. 31.205 -46 Auto Allowance is an unallowable expense. 31.205 -51 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 umallowable. (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 4 195 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 furniture 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 $125,408,107 Cost of facilities capital percentage 0.52% Note 9: Direct Cost Accounts The Statement of Direct Labor, Fringe Benefits and General Overhead schedule provides a detail listing of the direct cost accounts not included on the overhead pool. This list includes costs for subcontract labor, drilling equipment and supplies, depreciation, equipment rental, travel and environmental/well supplies. Note 10: Subsequent Events Subsequent events have been evaluated through the date of the 1ndependent Auditor's Report, which is the date the financial statement was available to be issued. 196 10 Exhibit E Subconsultant Cost Computations eEF$Flr ink r11RFCT 0, TS Mayes Testing/Terrac4 CONTRACTOR CERTF ICA.770N OF IiINTAL rNIDIREC•T COST Firm Name: Tei't'aCOI� Cons�ltanes j11C Indirect Cost Rate: 19034% Facilities Capital Cost of Money: —0.52% Date of Preparat ion: May 23, 2016 Fiscal Year Covered: _ 01/01/2015 to 12(31/2015 T, the trndersiglled, ceriifi, that I hove rcriemed the injormation used to establisl /irtal inclircc/ cost r'ateSAr !hc fiscal period as indicated in this audit, and to the best of ink• knowleclge acrd he(ie /: 1) All cost used to establish final indirect costs rates are allowable in accordance ii*h the applicable cost principles vftlm Federal Acquisition Regulations (FAR.) of-7ifle 48, Code of'Federal Regulations (CFR), Part 31, ') This submitted audit (inchrsive vJ'indirect costs) does nor include ar71 casts wbleb are expressli, unallox•able lender the cost principles of the FAR of 48 C'FR 31. AdditionalIV, I certifj, that all loos -r7t niaterial tT077SClctibm or events that have occurred affecting the fir in .v ou-nership, 01'9071Latiun. Mid indirect Co -vis have been disclosed Siunature: Nameof Certifying official: Doug D. Loyeridge Title: Controller / Vice President Date of Certification: June_30 2016 197 Exhibit F Title V/ Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 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: WS Revised 13 40- 0/ F Exhibit F Page 1 of 1 Exhibit G Certification Documents Exhibit G -1(a) Certification of Consultant Exhibit G -1(b) Certification of City of Tukwila Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: WSDOT Form 140-089 EF Exhibit G Page I of 1 Revised 1013012014 1 99 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 11.15 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. T)avid Evans and Associates, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) February 1, 2017 Date Agreement Number: WSDOT Form 140 -089 EF Exhibit G Pagel 0t7 200 Revised 1013012014 Exhibit G -1(b) Certification of City of Tukwila I hereby certify that I am the: Senior Program Manager E] 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 WSDOT Form 140 -089 EF Exhibit G Revised 1013012014 Date Agreement Number: Page 1 of 1 201 Exhibit G -2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions L The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti -trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. agvid F.vans and Associates. Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: {SOT Form 140 -089 EF Exhibit G Page 1 of 1 �R Revised 1013012014 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: I . 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. n2vid Evans and Associates, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) WSDOT Form 140 -089 EF Exhibit G Revised 1013012014 February 1, 2017 Date Agreement Number: Page 1 of 1 203 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. Signature Date of Execution***: CES Puget Sound Region Manager Title *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: ]YSLIOT Form 140 -089 EF Exhibit G Page 1 of 1 2U14 Revised 1013012014 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step I 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 205 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 2 206 Revised 1013012014 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 z Revised 1013012014 207 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 S 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 2 208 Revised 1013012014 Transportation & Infrastructure Committee Minutes February 14, 2017 C. Contract: Boeing Access Road over BNRR Bridge Rehab Project Staff is seeking Council approval of two contracts with Jacobs Engineering Group, Inc for the Boeing Access Road over BNRR Bridge Rehabilitation Project. The first is Supplement No. 5 to Contract #13 -161 in the amount of $260,956.0o for design support and the second is a new contract in the amount of $1,524,293.83 for construction management. Both contracts together will provide construction management services for the duration of the project, which will rehabilitate the structurally and seismically deficient bridge. A Washington State Department of Transportation ( WSDOT) federal bridge grant covers 800/6 of the project. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 21, 2017 REGULAR CONSENT AGENDA. D. Contract: Maior Maintenance on -� Bridaes Proiect Staff is seeking Council approval of two contracts with David Evans and Associations, Inc. forthe Major Maintenance on 3 Bridges Project. The first is Supplement No. 3to Contract #15-139 in the amount of $138,410.22 and the second is a new contract for construction management services in the amount of $423,116.68. The project will perform seismic retrofit, deck and joint repair, and painting on the Frank Zepp Bridge, Grady Way Bridge and the Beacon Avenue South Bridge. A WSDOT grant covers l00% of the eligible construction costs. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 21, 2017 REGULAR CONSENT AGENDA. III. SCATBd Staff noted that SCATBd is still working to finalize its legislative agenda for 2017 and copies will be shared with the Committee. IV. MISCELLANEOUS The Transportation Committee Meeting adjourned at 5:50 p.m. Committee Chair Ap Minutes by LH, Reviewed by l 210 COUNCIL AGENDA SYNOPSIS ------------------------- Iiiiiials Meetiq Dale Prepared by Ma yors repiyw Council review 02/21/17 BG F-1 Resolution Aft 'g Date L. Z.Bid2bvard Altg Date 02121117 ❑ Public lleariq Altg Date ❑ Other Alt ,g Die SPONS(M, ❑ Council ❑ Mayor ❑ PIR [:1 DCD ❑ Finance ❑ .Fire ❑ IT ❑ P&R ❑ Police ❑ PW' SPONSOR'S The South 1441h Street Phase II Street Improvement Project was advertised for bids on SUMMARY January 5 and 12, 2017 and five bids were opened on January 24. Marshbank Construction was the apparent low bidder with $1,883,895.03. This project will install street improvements and a traffic signal at 42nd Ave S and S 144th St. Council is being asked to award the bid to Marshbank Construction in the amount of $1,883,895.03. Ri,'XiFWF1D BY ❑ cow mtg. ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/14/17 COMMITTEE Cl IAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/At)NIIN. Public Works COMM H-f' Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE F,M)FNIATURF, Rj,'1QU1R(3D AMOUNT BUDGETED APPROPRIATION REQUIRED $1,883,895.03 $2,248,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 14, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/21/17 ITEMNO. CAS NUMBER: I STAFF SPONSOR: BOB GIBERSON 02/21/17 South 144th Street Phase II (42nd Ave S - Tukwila International Blvd) Bid Award to Marshbank Construction, Inc. Cxrl (x()m' ❑ Dzicusfion Altg Date Z MeVion Alt ,g Date F-1 Resolution Aft 'g Date ❑ Ordinance Altg Date Z.Bid2bvard Altg Date 02121117 ❑ Public lleariq Altg Date ❑ Other Alt ,g Die SPONS(M, ❑ Council ❑ Mayor ❑ PIR [:1 DCD ❑ Finance ❑ .Fire ❑ IT ❑ P&R ❑ Police ❑ PW' SPONSOR'S The South 1441h Street Phase II Street Improvement Project was advertised for bids on SUMMARY January 5 and 12, 2017 and five bids were opened on January 24. Marshbank Construction was the apparent low bidder with $1,883,895.03. This project will install street improvements and a traffic signal at 42nd Ave S and S 144th St. Council is being asked to award the bid to Marshbank Construction in the amount of $1,883,895.03. Ri,'XiFWF1D BY ❑ cow mtg. ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/14/17 COMMITTEE Cl IAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/At)NIIN. Public Works COMM H-f' Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE F,M)FNIATURF, Rj,'1QU1R(3D AMOUNT BUDGETED APPROPRIATION REQUIRED $1,883,895.03 $2,248,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 14, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/21/17 MTG. DATE ATTACHMENTS 02/21/17 Informational Memorandum dated 02/10/17 Page 14, 2017 CIP Bid Tabulation Minutes from the Transportation & Infrastructure Committee meeting of 02/14/17 211 212 TO: FROM B': CC: DATE: City of Tukwila Allan Ekberg, Mayor Transportation and Infrastructure Committee Bob Gibemaom, Public Works Director le Cymdy Knighton, Senior Program Manager Mayor Ekberg February 10, 2017 SUBJECT: S 144 1h Street Phase 11 (42 nd Ave S — Tukwila Int'l Blvd) Project No. 99510402 Bid Award ISSUE Award the construction bid from Marshbank Construction, Inc. as the lowest responsive bidder for the South 144 1h Street Phase 11 Street Improvement Project. BACKGROUND A call for bids was advertised on January 5and 12, 2017. One addenda was issued. Five bids were received OD January 24,2O17 and the lowest bid came from W18[Shb8Dk Construction, Inc. ANALYSIS The construction bids were reviewed and only one minor error was found on Marshbank Construction's bid. Correction of the bidding error did not change the contractor bidding order or the recommendation tO award the project. TheTn@OGpOrtG1iDD|Dlp[OV8[OeDiBO8nd(T|B)'8 funding partner, has reviewed the bid tabulations and given Tukwila authorization to proceed with the bid award. Marshbank Construction is an established company with the resources required to construct the S 144m m Street Phase || Project. BUDGET AND BID SUMMARY The proposed bid, along with remaining known and estimated expendUoree, is within the combined project budgets. Construction Contract Contingency (15%) Total RECOMMENDATION Bid Results Estimate 2017 Bud-ge $1 $2,078.619.75 .00 282,584.25 0.00 0.00 Council iS being asked tO award the construction contract tOM8[8hhank Construction, Inc. for the South 144 1»S8 Phase U Project iDth880OUOtOf$1,883.8S5.O3@ndcVDSide[thiSit8OOOOthe Consent Agenda at the February 21, 2017 Regular Meeting. Attachments: Page 14.m)17QP Bid Tabulation wApw eng�projects�a-=urs projects\s,44th* phase nlib - 42nd ave"(99510402 95-rw02)\design\Jnfo memo bid award 021017 gl-rrt,docx 214 CITY OF TWKVVLA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: S 144 St Phase U(42 Ave S- Tukwila |nt'/ Blvd) ° Project No. 9951040 Zone 3 OE���|P�|ON' Construct bike povem��xao��don illumination, drainage and uh|by ' ' ' ' � undergrounding from Tukwila Int'l Blvd to 42nd Ave S. Also add a signal at 42nd Ave S. JUSTIFICATION: Provide pedestrian and vehicle safety, drainage and neighborhood revitalization. STATUS: Phase Tuk�|a|nf| Blvd toMi|itaryRdpn�ec�cnmp|�edin2OO7for�31miUionwdh$1miUioningxa�o ' � Phase ||'42 Ave S10 Tukwila International Blvd. MA|NT.|MPACT: Reduce pavement, drainage repairs, and maintenance costs. COMMENT: Awarded Transportation Improvement Board's Arterial Improvement Program (AIP) grant of $1 million. Project ioon Impact Fee list. Design and construction related ho the Tukwila Village project. FINANCIAL Through Estimated (in $000's) 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 345 97 442 Const. 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EL m m m 75 m O r- C G E 'a 2 c-a Lj- Cf) D M: N ma Lo < < LL LL LL (i LL w w rn 81 N - 719 11 .11 91,11 co C: 0 tU O O 0 G) m 219 220 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes February 14, 2017 -5.30 p.m. — Foster Conference Room, 630o Building Councilmembers: Kate Kruller, Chair; Joe Duffie, De'Sean Quinn Staff: Bob Giberson, Robin Tischmak, Steve Carstens, Laurel Humphrey CALL TO ORDER: Chair Kruller called the meeting to order I. PRESENTATIONS II. BUSINESS AGENDA A. Staff is seeking Council approval of cor Construction, Inc. in the amount of $21 Water Repair Construction Project. Th surface water pipe, pavement and sink orensen, Gail Labanara, IN mpletion and release of retainage to Hoffman 3 for the Crystal Springs Emergency Surface ject Frank Coluccio Construction Company stabiliz Construction provided permanent repairs. UN FEBRUARY 21, 2021 REGULAR CONSENT A B. Bid Award: South 1i Staff i of $1,# MarsF cortir unci 31b95.03 Tor cons1 ank was selected ency is within the gutter, sidewalk, bike undergrounding from Tu traffic signal. UNANIMC CONSENT AGENDA. onstructed emergency repair of a collapsed 3tal SpOngs Park and 51st Avenue South. The :he emergency repair and Hoffman IMOUS APPROVAL. FORWARD TO q DA. :reet Rha'se II (42"' Avenue "South — Tukwila International Boulevard) pproval to award a bid to Marshbank Construction, Inc. in the amount ruction of the South 144th Street Phase II Street Improvement Project. as the low bidder of five received, and the contract amount plus 150/0 total project budget of $2,248,000.00. This project will construct curb, lanes, pavement restoration, illumination, drainage and utility kila International Boulevard to 42nd Avenue South as well as add a SUS APPROVAL. FORWARD TO FEBRUARY 21, 2017 REGULAR 221 222 CO uNcm AGENDA SYNOPSIS Inilials Aleeliq Date Prepared by Mayor' revi W Council review 02/13/17 VC ❑ Resolution Altg Dale I-V=" 02/21/17 VC ❑ 01her Mg Dale SPONSOR ❑Council ❑Mqyor 011R ❑D(,'D Z-Einan,'e E] Pire ❑TS ❑P&R E] Police ❑PW/ 0 Courl SPONSOR'S Council is being asked to authorize the Mayor to enter into an Interlocal Agreement with SUMMARY King County Animal Control Services (RASKC) beginning January 1, 2018 based on the Agreement in Principle. R FN I I I "W'I : 1) 13Y ❑ C.O.W. Mtg. ❑ CDN Comm Z Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 2/7/17 COMMFITEE CHAIR: SEAL RECOMMENDATIONS: SPONSoR /Ai)-,\tlN. Finance Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AMOUNT BUDGF"TED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/13/17 ITEM INFORMATION ITEMNO. 61 223 STAFF SPONSOR: VICKY CARLSEN 1 2/13/17 A(3,FNPA ITENITITLF, Authorize the Mayor to sign the Final Intent to Contract and enter into an Interlocal Agreement with King County Regional Animal Services Z Dhtiowion Afrg Dale 2113117 Z Motion jlltg Dale 2121117 ❑ Resolution Altg Dale [:] Ordinance Aftg Dale F-1 Bid,,I))vard Aftg Dale [:] Public I leafing Al�g Date ❑ 01her Mg Dale SPONSOR ❑Council ❑Mqyor 011R ❑D(,'D Z-Einan,'e E] Pire ❑TS ❑P&R E] Police ❑PW/ 0 Courl SPONSOR'S Council is being asked to authorize the Mayor to enter into an Interlocal Agreement with SUMMARY King County Animal Control Services (RASKC) beginning January 1, 2018 based on the Agreement in Principle. R FN I I I "W'I : 1) 13Y ❑ C.O.W. Mtg. ❑ CDN Comm Z Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 2/7/17 COMMFITEE CHAIR: SEAL RECOMMENDATIONS: SPONSoR /Ai)-,\tlN. Finance Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AMOUNT BUDGF"TED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/13/17 Forward to the next Regular Meeting MTG. DATE ATTACHMENTS 2/13/17 Informational Memorandum dated February 1, 2017 Summary of Key Provisions and Changes from Current Interlocal Agreement 2018 Regional Animal Services Interlocal Agreement with Changes Tracked & clean copy Benefits of Regional System, 2018 Estimated Payment Calculation Minutes from the Finance Committee meeting of 2/7/17 2/21/17 No attachments 223 224 COUNCIL AGENDA SYNOPSIS --------------------------- -- - - - -- Initial r Meehn ,g Date Prepared b y Mayors re Council review 02/21/17 BM ❑ Resolution Alt ,g Date ❑ Ordinance Alt Date ❑ Bid Award Alt ,g Dote ❑ Public Hearing Alt Date ❑ Other Alt ,g Date SPONSOR ❑Council ❑Mayor ❑11R ❑DCD ❑Finance ❑•ire ❑TV ❑P&R ❑Police ❑PW/ El Coud SPONSOR'S Representative Mia Gregerson approached the City's lobbyist asking for City support for SUMMARY House Bill (HB) 1999, currently being considered in the State House of Representatives. HB 1999 concerns the makeup and composition of the Port of Seattle's Board of Commissioners. The Bill would expand the number of Port Commissioners from five to nine and create districts for each of the nine Port Commissioners to represent. Ri,'1VIF1WF,D BY ❑ C.O.W. Mtg. ❑ CDN Comm EjFinance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Staff is recommending that the City take no position on HB 1999. CommrrnA,1' COST IMPACT/ FUND SOURCE EXPF,NDI'FURI,1' Ri,QLARED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: N/A Comments: NIA MTG. DATE RECORD OF COUNCIL ACTION 02/21/17 ITEM INFORMATION ITEMNO. no I 225 SL' FFSPONSOR: RACHEL BIANCHI ORIGINAL AGF,Ni)ADA'111': 02/21/17 AG I :N D A ITt,"m Trn.j State Legislative Update: House Bill 1999 1 CA'1T'(',ORY ❑ Discussion Alt Date 02121117 ❑ Motion Alt ,g Date ❑ Resolution Alt ,g Date ❑ Ordinance Alt Date ❑ Bid Award Alt ,g Dote ❑ Public Hearing Alt Date ❑ Other Alt ,g Date SPONSOR ❑Council ❑Mayor ❑11R ❑DCD ❑Finance ❑•ire ❑TV ❑P&R ❑Police ❑PW/ El Coud SPONSOR'S Representative Mia Gregerson approached the City's lobbyist asking for City support for SUMMARY House Bill (HB) 1999, currently being considered in the State House of Representatives. HB 1999 concerns the makeup and composition of the Port of Seattle's Board of Commissioners. The Bill would expand the number of Port Commissioners from five to nine and create districts for each of the nine Port Commissioners to represent. Ri,'1VIF1WF,D BY ❑ C.O.W. Mtg. ❑ CDN Comm EjFinance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Staff is recommending that the City take no position on HB 1999. CommrrnA,1' COST IMPACT/ FUND SOURCE EXPF,NDI'FURI,1' Ri,QLARED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: N/A Comments: NIA MTG. DATE RECORD OF COUNCIL ACTION 02/21/17 MTG. DATE ATTACHMENTS 02/21/17 Informational Memorandum dated 2/14/17 Proposed House Bill 1999 House Bill 1999 Digest 225 226 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Rachel Bianchi, Government Affairs and Communications Manager BY: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: February 14, 2017 SUBJECT: State Legislative Update: House Bill 1999 ISSUE Should the City take a position on House Bill (HB) 1999? BACKGROUND Representative Mia Gregerson approached the City's lobbyist asking for City support for HB 1999, currently being considered in the State House of Representatives. HB 1999 concerns the makeup and composition of the Port of Seattle's Board of Commissioners. Currently, the Port's Commission consists of five commission members elected at large in King County. H13 1999 proposes to restructure the Port Commission to resemble the composition of the King County Council. The number of Port Commissioners would increase to nine and each commissioner would represent a specific district. The nine Port Commission districts would have the same boundaries as the King County Council districts. Under this legislation, Commissioners must reside in the district he or she represents. Voting is similarly limited by districts and all at-large positions are eliminated. If passed by both chambers of the legislature and signed by the Governor, HB 1999 would go into effect in 2019. There currently is no companion bill in the State Senate and it's unclear if such legislation could pass the Senate. DISCUSSION HB 1999 has several pros and cons the City should consider before taking a position on the Bill: Pros: 1. Proponents argue the Bill would expand representation for King County residents and possibility allow for greater access. 2. Airport communities (Tukwila, Federal Way, SeaTac, Burien, Normandy Park, and Des Moines) would be ensured of at least three Commission members, who live in or around the communities. 3. Commission members might lobby more effectively for projects by the Port that benefit their districts. 4. The City would be supporting legislation sponsored by south King County House Representatives. 227 INFORMATIONAL MEMO Page 2 Cons: 1. Increase cost iO taxpayers, for salaries Of8dditiOD8|POrt Commission members. Additional costs would be incurred for staff t} support the added commission members and the larger Port Commission. 2. A majority of the Port CO00iG6i0O members would come from outside the airport cV[DnnUnid8S. Six [fthe nine CoO0NOiSSiOn members vvOU|d come from Seattle, OOdh King County, and the eaGtsid8. Commission members from these areas may not b8 concerned with the needs Ofairport communities, since their voters dO not reside near Sea-TGcAi[pOrt. 3. Airport communities, which are significantly impacted by Sea-Tac Airport operations, may find it difficult to obtain mitigation funding since the Port funds VVOu|d likely be proportioned between the nine districts. 4. The City could hurt existing relationships with Port Commission rnennb8r8 by supporting HB199S. Port Commissioners have expressed concern, particularly because Vfthe unique nature of the Port, which oversees multi-billion business entities. RECOMMENDATION Staff is recommending that the City take no position on HB 1999. ATTACHMENTS • Proposed HB1999 *HB18B9 Digest Internet 999d 228 C:\Users\Brandon-m\AppData\LocaNMicrosoft\Windows\Temporary H- 1444.1 HOUSE BILL 1999 State of Washington 65th Legislature 2017 Regular Session By Representatives Gregerson, Stokesbary, Ryu, Hudgins, Cody, Pollet, Santos, Senn, Springer, Fitzgibbon, McBride, Stanford, Kagi, and Slatter Read first time 02/07/17. Referred to Committee on State Govt, Elections & IT. 1 AN ACT Relating to elections in port districts that are 2 coextensive with a county having a population of over one-half 3 million; and amending RCW 53.12.010. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: Sec. 1. RCW 53.12.010 and 2002 c 51 s 1 are each amended to read as follows: (1) The powers of the port district shall be exercised through a port commission consisting of three or five members, ((when)) or as otherwise permitted by this title((, five members)). (a) Every port district that is not coextensive with a county having a population of five hundred thousand or more shall be divided into the same number of commissioner districts as there are commissioner positions, each having approximately equal population, unless provided otherwise under subsection (2) of this section. (b) Where a port district with three commissioner positions is coextensive with the boundaries of a county that has a population of less than five hundred thousand and the county has three county legislative authority districts, the port commissioner districts shall be the county legislative authority districts. (c) In other instances where a port district is divided into commissioner districts, the port commission shall divide the port P. 1 HB 1999 229 1 district into commissioner districts unless the commissioner 2 districts have been described pursuant to RCW 53.04.031. The 3 commissioner districts shall be altered as provided in chapter 53.16 4 RCW. 5 (d) Commissioner districts shall be used as follows: ( (+a+) W 6 Only a registered voter who resides in a commissioner district may be 7 a candidate for, or hold office as, a commissioner of the 8 commissioner district; and (4-b+) ) (ii) only the voters of a 9 commissioner district may vote at a primary to nominate candidates 10 for a commissioner of the commissioner district. Except as provided 11 in subsection (3) of this section, voters of the entire port district 12 may vote at a general election to elect a person as a commissioner of 13 the commissioner district. 14 (2) (a) In port districts with five commissioners, two of the 15 commissioner districts may include the entire port district if 16 approved by the voters of the district either at the time of 17 formation or at a subsequent port district election at which the 18 issue is proposed pursuant to a resolution adopted by the board of 19 commissioners and delivered to the county auditor. 20 (b) In a port district with five commissioners, where two of the 21 commissioner districts include the entire port district, the port 22 district may be divided into five commissioner districts if proposed 23 pursuant to a resolution adopted by the board of commissioners or 24 pursuant to a petition by the voters and approved by the voters of 25 the district at the next general or special election occurring sixty 26 or more days after the adoption of the resolution. A petition 27 proposing such an increase must be submitted to the county auditor of 28 the county in which the port district is located and signed by voters 29 of the port district at least equal in number to ten percent of the 30 number of voters in the port district who voted at the last general 31 election. 32 Upon approval by the voters, the commissioner district boundaries 33 shall be redrawn into five districts within one hundred twenty days 34 and submitted to the county auditor pursuant to RCW 53.16.015. The 35 new commissioner districts shall be numbered one through five and the 36 three incumbent commissioners representing the three former districts 37 shall represent commissioner districts one through three. The two at 38 large incumbent commissioners shall represent commissioner districts 39 four and five. If, as a result of redrawing the district boundaries,_ 40 more than one of the incumbent commissioners resides in one of the p. 2 HB 1999 230 1 new commissioner districts, the commissioners who reside in the same 2 commissioner district shall determine by lot which of the numbered 3 commissioner districts they shall represent for the remainder of 4 their respective terms. 5 (3) (a) Beginning in 2019, any port district with five members 6 that is coextensive with a county having a population of over one and 7 one-half million, and with a legislative authority of nine members, 8 must be divided into the same commissioner districts as the county 9 legislative authority districts and include the same number of 10 commissioner positions as the county legislative authority. 11 (b) Each commissioner must reside in the district from which he 12 or she is elected, and only voters from each district may elect the 13 commissioner to fill that district's commissioner position. No 14 commissioner Position may be elected at large. 15 (c) Each commissioner elected prior to 2019 with at least two 16 years remaining in his or her term may complete his or her term for 17 the new commissioner district in which he or she resides. If, as a 18 result of redrawing the district boundaries, more than one of the 19 incumbent commissioners, with at least two years remaining on each of 20 their terms, reside in one of the new commissioner districts, the 21 commissioners who reside in the same commissioner district shall 22 determine by lot which commissioner will represent the district for 23 the remainder of the term.- 24 (d) The initial election under this subsection (3) will include 25 the election of positions in each of the remaining district positions 26 as follows: 27 (i) A certain number of positions elected to serve an initial 28 two-year term, which in addition to any incumbent commissioner's 29 position, as established in (c) of this subsection (3), provide a 30 total number of four positions that will expire at the end of 2021; 31 and 32 (ii) Five positions elected to serve four-year terms. 33 (e) The county auditor must select which district positions will 34 be two-year or four-year terms for the initial election, pursuant to 35 (d) of this subsection. All subsequent terms for all positions must 36 be for four-year terms. 37 (f) Each commissioner must receive the same salary as a member of 38 the state legislature, as set under RCW 43.03.013. CCZIM§f�� p. 3 HB 1999 231 HB 1999 - DIGEST Requires a port district with five members that is coextensive with a county having a population of over one and one-half million and with a legislative authority of nine members, to be divided into the same commissioner districts as the county legislative authority districts and include the same number of commissioner positions as the county legislative authority. 232 ty of Ekberg, Mayor The City of opportunity, the community of choice TO: Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: February 15, 2017 SUBJECT: Report for February 21, 2017 Regular Council Meeting The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. Intergovernmental Update • Foster High Civics Classes: On January 31 Mayor Ekberg and Mia Navarro, Community Engagement Manager attended the Civics classes at Foster High School. While initially there for a different purpose, due to current events the Mayor Ekberg spoke with the students about the current political climate. He also discussed opportunities for students to get involved in the process and reassured students that Tukwila is a diverse and inclusive community that does not actively investigate the immigration status of our residents. Mia gave a presentation on Tukwila Works, which was the slated purpose and was well received. • Seattle Southside Chamber Business Awards and Recognition Luncheon: Mayor Ekberg, Councilmember Hougardy, Council Analyst Laurel Humphrey and Economic Development staff attended the Seattle Southside Chamber Business Awards and Recognition Luncheon on February 10. Community Events • Tukwila Community Center 20th Anniversary Kick -Off: On February 1 Parks and Recreation staff hosted an open house and spaghetti feed in honor of the 20th Anniversary of the Tukwila Community Center. Approximately 175 people attended. • Free Throw Competition: On February 8 Parks and Recreation Athletic staff hosted a Free Throw Competition and raised over $700 for the H.E.R.O Scholarship fund. • Annual Volunteer Appreciation Ice Cream Social: On February 8 Parks and Recreation Volunteer staff hosted the annual Volunteer Appreciation Ice Cream Social. Approximately 150 people attended. III. Public Safety Plan • Public Safety Plan Implementation: Staff presented to the Committee of the Whole the Public Involvement Plan, and additional planning meetings were held on communications and outreach, preliminary selection of an architecture and engineering 233 City Administrator's Report February 15, 2017 Page 2 firm, programming needs for fire stations and the Justice Center, as well as other activities. In the near future Council will be finalizing a monthly update document that will be delivered to the Council to provide regular updates outside of what is discussed at Committee and Council meetings. IV. Staff Updates Public Safety • Bulldog Police Academy: The Bulldog Police Academy for students at Foster High School started on February 9. Mayor Ekberg and Chief Villa gave introductions to open the class. Approximately 25 students from grades from 9 -12 participated in the class. The program outline, mission, goals, expectations were reviewed with the students and they provided feedback on what they would like to learn. The class also included team building exercises together and an overview of world and US history of policing. • Community Engagement: To continue building community trust and youth engagement the Police Department Command Staff are scheduled to visit each of the Tukwila schools during lunch hours within the next couple of weeks. • Washington Association of Sheriffs and Police Chiefs Grant Award: In support of the Speed Reduction in the Neighborhoods of Tukwila (SPRINT) Initiative, the Police Department has been awarded $8,272 by the Washington Association of Sheriffs and Police Chiefs (WASPC) to purchase 4 Lidars and 4 Radars. Project Updates • Southcenter Pedestrian /Bicycle Bridge: The contractor is forming the Span 1 deck and tying rebar for end diaphragms on the west side of Green River. The 200 -foot bridge deck is being fabricated and assembled inside the fabrication shop in Arlington, Washington. • 53rd Ave S: KPG and City staff are meeting with individual property owners to discuss real estate needs and the project's impact to their property. • Tukwila iMap Site: Staff from Community Development and Technology and Innovation Services have been meeting with King County's GIS Center staff to assist with development of a Tukwila iMap site to replace NW Maps. • King County Airport Meeting: Community Development staff attended the third King County Airport Master Plan Update meeting. The focus was on alternatives for future development of the airport and adjacent properties. • Tukwila Village: Economic Development staff attended a "scoping" meeting convened by the Washington State Housing Finance Commission to review the schedule for completing the bond issuance and tax credit investment for phase 1. The closing should occur in early May. The sale of the city land for that phase would close at the same time. • Washington Place: The project has laid the concrete floor for the 19th story and has installed the main girder for the roof. • 2016 Annual Awards 2016 Department Employee of the Year Award Recipients • Carol Lumb, Community Development • Raejean Kreel, Fire Department 234 City Administrator's Report February 15, 2017 Page 3 • Vicky Carlsen, Internal Services • Christy O'Flaherty, Mayor's Office • Marcos Ortiz, Municipal Court • Kris Kelly, Parks & Recreation • Detective Randall Rusness, Police Department • Alfred Spears, Public Works 2016 City -wide Award Recipients • The Big Idea Award: Trina Cook for Ballot Drop Off Box • The Leadership Award: Roy Whitcutt, Fire Department • The Spirit Award: Ana Le, Mayor's Office • The Pride in Service Award: Carol Lumb, Community Development • Teamwork in Action Award: Finance Department - Peggy McCarthy, Vicky Carlsen, Craig Zellerhoff, Karen Fricke, Lily Jue, Sherry Wright, Joanna Fortenberry, Richard Takechi, Laurie Anderson, Diane Jaber, Cindy Wilkins, Penny Hansen • Mayor's Award: Derek Speck, Mayor's Office V. Community Outreach • Cowlitz Tribal Pathways to Healing Program: Mayor Ekberg, Councilmember Duffie, Evie Boykan Human Services Manager, Joseph Todd, Technology and Innovation Services, and Benton Coblentz, Economic Development Intern attended an event at the Cowlitz Tribal Offices to learn more about their Pathways to Healing Program on January 25. • Meeting with Abu -Bakr Islamic Center: On February 3 Mayor Ekberg, Chief Villa and Sgt. Boyd met with leaders at the Abu Bakr Mosque to ease fears regarding the current political environment and to reiterate the role of the police department in the community. 235 236 Upcoming Meetings & Events February/March 2017 20th (Monday) 21st (Tuesday) 22nd (Wednesday) 23rd Thursda 24th (Friday) 25th (Saturday) Presidents Day % Public Safety ➢ Finance Crate, Tukwila TIB Workshop Tukwila Int'l. Blvd. Cmte., 5:30 PM International Drop -in Session Action Cmte's City offices 8 5:30 PM (Hazelnut Boulevard 1:00 - 3:30 PM Trash Pickup Day Community Center ( Hazelnut Conference f Workshop Public (Church By the Side of 9:00 - 10:00 AM closed Conference Room) Session I 6:00 - 7:30 PM the Road -- Community Room 3455 S. 148"' St) For location or Room) (Church By the Side Help design the future information Free Family Cooking of the Road -- of the Tukwila contact ➢ City Council Workshop Community Room International Sharon Mann Regular Mtg., 5:30 - 7:30 PM 3455S. 14811,51) Boulevard 206- 200 -3616 7:00 pm (Community Center) Help design the neighborhood. "Meatless Meals ". future of the Tukwila For additional TIB Workshop 1` (Council Space is limited - International questions contact q Drop-in Session Chambers ) please sign up to Boulevard Moira Bradshaw or 10:30 AM - 12:00 PM reserve a spot. neighborhood. Lynn Miranda at (Church By the Side 206 -768 -2822. For additional 206431 -3670. ofthe Road - questions contact Community Room Moira Bradshaw or 3455 S. 1481^ St) Lynn Miranda at Hero Gala 206- 431 -3670. 5:00 - 7:00 PM (Community Center) Plannin Celebrating 20 years at the Tukwila c,, MM; Community Center. Rescheduled to The evening will 3/2/17 include music, stones, small bites and cheer. Tickets are $20 PP. Proceeds will benefit the HERO Scholarship Fund. For additional Information contact the Community Center at 206 -768 -2822 Tukwila International Boulevard Workshop Public Session II 10:30 AM -12 PM (Church By the Side of the Road -- 27th (Monday) 28th (Tuesday) 1st (Wednesday) 2nd (Thursday) 3rd (Friday) Community Room Duwamish Alive! Public Meeting Equity & Help design the future Help e gnth fu Workshop Storntwater Permit Diversity of the Tukwila 8:00 AM - 12:00 PM Update Commission, International Boulevard (Community Center) 1:00 - 2:00 PM 5:15 PM neighborhood. Visit (6300 Southcenter (Hazelnut For additional www.GreenDuwamish Blvd., Foster Conference Room) Conference Room) questions contact Moira Bradshaw or Lynn Miranda at Watershed. erg for information. The public is 206431 -3670. welcome to provide Free Dr. Seuss Night ➢ Community input on Tukwila's Development & Western Washington 6:00 - 8:00 PM Neighborhoods Phase II Municipal (Community Center) Cmte., Stormwater permit. There will be 5:30 PM For more information bouncers, arts & Snaekpaek (Hazelnut contact Greg crafts, food, games Stuff the Bus Conference Room) Villanueva and even a free book. I 10:00 AM - 2:00 PM 206431 -2442 (Target In Southcenter) ➢ Transportation & Planning City Council Infrastructure Commission, Let no Child go Committee of Cone., 6:30 PM hungry in the Whole Mtg., 5:30 PM (Council Tukwila! 7:00 Plot (Foster Chambers) (Council Chambers) Conference Rescheduled Room) from 2/23/17 > Community Development and Neighborhoods Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf Room ➢COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Portman at 206- 431 -219.7 >Equity & Diversity Commission: I st 1'hurs., 5:15 PM, hazelnut Conf. Room. Contact Cheryl Thompson at 206 -433 -1850. ➢Finance Committee: I st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. (A) A lease agreement with Dell. (B) Review & discussion of City Council compensation policy. (C.) Finance Department Strategic Plan and operational overview. ➢Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206- 767 -2332. ➢Planning Commission /Board of Architectural Review: 4" Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206- 431 -3670 ➢Public Safety Committee: 1st & 3rd Mon., 5:30 PM, hazelnut Conf. Room. (A) An ordinance relating to destruction offorfeited firearms. (B) Small Unmanned Aircraft Systems (s(JAS). (C) Discussion on Public Safety Plan Siting Advisory Committeef-amework. (D) Public Safety Plan facilities draft siting criteria. (E) Discussion on format of monthly report to Council on the Public Safety Plan. n (F) 2016 4`" Quarter Police Department Report. G Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR COW REGULAR C.O.W. February 6 13 21 (Tuesday) See agenda packet 27 Public Hearing: cover sheet for this Three ordinances week's agenda updating landscaping (February 212017 regulations. Regular Meeting). Special Issues: -Three ordinances updating landscaping regulations. -A resolution adopting the Green Tukwila 20-year plan. March 6 13 20 27 Special Presentations: Special Presentations: New Employee -Property tax Introductions: increases. -Fire Department: -Access to Public Joseph Paglia and Records Initiative Michael Tappert. Phase I - Permit -Police and Fire: Files. Amairani Uribe- Beltran, Washington Service Corp Volunteer, Officer Howard Kim. -Community Development: Jaclyn Adams, Admin Support Tech.; Maxwell Baker, Assistant Planner; Lindsay Brown, Assistant Planner; Lauri Dunning, Code Enforcement Officer; Lee Sipe, Building Inspector 111; Lori Solberg, Admin Support Tech. -Communications: Mia Navarro, Community Engagement Manager. -Finance: Sherry Wright, Senior Fiscal Coordinator. -Human Resources Sara Valdez, Human Resources Analyst. -Parks & Recreation: -Olena Perry, Volunteer & Events Specialist. -Update on "The Loop" sewer project. 238