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HomeMy WebLinkAbout17-031 - David Evans and Associates - Major Maintenances on 3 Bridges Construction ManagementWashington State Department of Transportation Council Approval N/A 17-031() Supplemental Agreement Number 2 Organization and Address David Evans and Associates, Inc. |44�2SE�ua��a/cY/oy.Sui/c40U Bellevue, YVA98007 . Phone: 425'519'6500 Ohginm|AgmomontNumb*r l7'U3| ( ) Project Number 131-[M'1274(009) 8RM'1288(005) BRO3'1320(004) Execution Dote March l,2Ul7 Completion Dote December 3\.2Ul9 Project Title Maj'orMaintenance n[Thr cBriJgcs.Conx,roctimnKYA/ Now Maximum Amount Payable $423.116.68 Description ofWork Construction management services for the NlaJor Maintenance of Three Bridges project. The Local Agency of City of Tukwila desires to supplement the agreement entered in to with David Evans and Associates, Inc. and executed on March 1, 2017 and identified as Agreement No 17-031 All provisions in the basic agreement remain in effect except as expressly nlOdUiSd by this supplement. The changes tothe agreement are described asfollows: Section 1. SCOPE OF VVOF(K, is hereby changed to read: Date change only; oochange inscope. 11 Section |\( TIME FOR BEGINNING AND COK8PLET|{)N, in amended f'of-comptetion-of -thcworkto, read,- mchange the completion date /oDecember 3l.20l9. III SecbmD\( PAYMENT, ShGU be amended as follows: Nochange inpayment. 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 ohove, please sign in the Appropriate Sp@CeS below and return to this Offioe for final action. �� - ��� ~��x�� ' �� Date DOT Form 14O-003 Revised 09/2005 / /w, �,/ 7��/'-, 17-031 (a) Contract Approval N/A jljWashington State Department of Transportation Supplemental Agreement Number 1 Organization and Address David Evans and Associates, Inc. 1115 West Bay Drive NW, Suite 301 Olympia, WA 98502 Phone: 360-705-2185 Original Agreement Number 17-031 (6.) Project Number BHM-1274(009) BHM-1288(005) BHOS-1320(004) Execution Date March 1, 2017 / Completion Date December 31, 2018 Project Title Major Maintenance of Three Bridges, Construction Mgt New Maximum Amount Payable i $423,116.68 V/ Description of Work Construction management services for the Major Maintenance of Three Bridges project. The Local Agency of City of Tukwila desires to supplement the agreement entered in to with David Evans and Associates, Inc. and executed on March 1, 2017 and identified as Agreement No 17-031 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Date change only; no change in scope. II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the completion date to December 31, 2018. III Section V, PAYMENT, shall be amended as follows: No change in payment. 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. Mo Sheikhizadeh, PE DOT Form 140-063 Revised 09/2005 By' MICA Consultant Signature Approving AuthoritySignature Io-a-1-I"l Date / 57 el 674/4-6s Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: 17—O31 Council Approval 2/21/17 Firm/Organization Legal Name (do not use dbe'o): David Evans and Associates, Inc. Address l 115 W.BuyOr. NW, Ste. 301 Olympia WA 90502 Federal Aid Number B8M'l274(009) BBK4-l280(OO5)BB(]8-|320(U04) UB�Number 600227608 Federal TIN orSSNNumber Execution Date Completion Date l2/3)/2Ol7 1O08Form Required Federal Participation Ye F-| No [:]yeo El No Project Title Major Maintenance of Three Bridges, Construction Management Services Description ofWork Construction Management Services for the Major MuintcouoccnfTbrccBridgenproject. Total Amount Authorized: 423.116.68 Management Reserve Fund: Maximum Amount Payable: 423,116.68 [�lYes FJ No DBE Participation [�| Yen NoMBE Participation [�l Yes [�l No ^—^ [�lyeu 7.8Y� [—1 NoSBEPa�inipodon Index of Exhibits Scope of Work DBE Participation Preparation and Delivery ofElectronic Engineering and Other Data Prime Consultant Cost Computations Sub -consultant Cost Computations Title l/lAssurances Certification Documents L;abdit} lns"/a"cc|ncrcasc Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreement Number: LocalAgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement/ Revised 31111201$ / '� Page IofY4 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Tukwila hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one ( I ) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 3/11/2016 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. Afl Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. Ali electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Steve Carstens, P.E. Agency: City of Tukwila Address: 6300 Southcenter Blvd Ste 100 City: Tukwila State: WA Zip: 98188 Email: steve.carstens@tukwila.wa.gov Phone: 206-431-2446 ext. 1646 Facsimile: If to CONSULTANT: Name: Mo Sheikhizadeh, P.E. Agency: David Evans and Associates, Inc. Address: 1115 West Bay Drive NW, Suite 301 City: Olympia State: WA Zip: 98502 Email: mxsh@deainc.com Phone: 360-888-7551 (c) 360-628-5005 (o) Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. Al! work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 3/11/2016 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section 11, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.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@wsdawa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub -consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 3/11/2016 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 3/11/2016 D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 3/11/2016 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 2000d-4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged 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 3/11/2016 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms ofthis 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 ofthis section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 3/11/2016 XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 3/11/2016 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 I) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Steve Carstens, P.E. Agency: City of Tukwila Address: 6300 Southcenter Boulevard, Suite 100 City: Tukwila State: WA Zip: 98188 Email: steve.carstens@tukwila.wa.gov Phone: 206-431-2446 ext. 1646 Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 3/11/2016 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. if any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 3/11/2016 XVUU. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or beliable for, any statement, representation, promise or agreement not set forth herein. Nochanges, amendments, or modifications ofthe terms hereof shall bcvalid unless reduced tnwriting and signed by the parties usasupplement tothis AGREEMENT. XVUUU. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed tn�t)eaooriginal 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 bythe CONSULTANT, and does hereby accept this AGREEMENT and agrees ioall ofthe 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 o, knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure tothe public orother unauthorized persons under either chapter 4Z.5h RCWorother local, nto1c nrfederal statutes (^^Sio1e`sConfidential lnfbnnuhoo`). The ^^Sktc`xConfidential Information" includes, but is not limited to, names, addresses, Social Security numbers, c-nnui| addresses, telephone numbers, Mnuociu| profiles, credit card information, driver's license numbers, nncdicu| data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code orobject code, 87AJ'E and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly ovui|ub|c data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees io hold the 8totc`x Confidential )ufhrnuu1ion in strictest confidence and not to make use of the Stute`y [nnhdcndu| ln[brnoo{iou for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -consultants orsubcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sc|L disclose, or otherwise make it known to any other party without the &GENCY`a express written consent orusprovided bylaw. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved hythe AGENCY. The CONSULTANT agrees 10implement physical, electronic, and managerial safeguards to prevent unauthorized access tothe Stute`oConUdcniiu| Information. loorncdiotc|y upon expiration or termination n[this AGREEMENT, the C(}N3Ul]7\NT aba||, at thcAGENCY`s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the Statc`u Coohdcubai ln[hnmudoo; or (ii) returned all of the Stutc'n Cnufidcotiui Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the G\utc`s Confidential lnfb,nnuhon. As required under Executive (}rdcr00-O9, the CONSULTANT shall maintain o log documenting the following: the S1otc`s Confidential }o[brmoutiou received in the performance ofthis AGREEMENT; the purpose(s) for which the Sta1t`sConhdcntio\ Information was received; who received, maintained and used the Stu1c`sCoofidcudu| Information; and the final disposition ofthe S1ctc`sConfidential Information. The C()NS{JlJCANT^arecords shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but isnot limited to, salting dn1o6ouea. Agreement Number: LocalAgency A6EPmfesaional Services Cost Plus Fixed Fee Consultant Agreement Page Y2of1* Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the icrno o[this AGREEMENT. The parties agree to maintain the confidentiality ofsuch information during the term oythis AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information xhu|| be clearly identified and marked us^^[onhdendu|" and shall be returned tothe disclosing party utthe conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with u list ofall information and nnn1eda|a it considers confidential and/or proprietary in nature: (u) at the commencement of the term o[this AGREEMENT; or (b) as noon as such comhdentia| orproprietary material is developed. "Proprietary and/or confidential iufhrnnaiion" is not meant to include any iofbmoahoo which, at the time ofits disclosure: (i) isalready known tothe other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY issubject toWashington State and federal public disclosure |uvvn. 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 |ovv. If public disclosure request is made toview materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released tuthe requester unless the CONSULTANT obtains ucourt order from ocourt o[competent jurisdiction enjoining that disclosure. lfthe CONSULTANT fails toobtain the court order enjoining dinr(ouu,e,tbc AGENCY will rc|coae the requested information on the date specified. The CONSULTANT agrees tn notify the sub -consultant ofany AGENCY communication regarding disclosure that may include uauh-uonsu|tant`s proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY tothe requester and state that unless the sub -consultant obtains uooud order from acoud of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain ucourt order orother judicial relief enjoining tbc/\(}BNC~Y6ytbcrc|ousodu1c,tbeCONS[}IJANTabu||vvaive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the/\[]EN[`/`a said disclosure of sub -consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date offinal payment tothe CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies ofall ^^docucnsotn" pertaining to the SERVICES provided hereunder xhn|| be nnndc available for review olthe C(}NSl}CTykNT`spiucc ofbusiness during normal working hours. }fany litigation, claim Vraudit iycommenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. ^^Docunncnto" shall be 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 inKznme1iVo /^^BSl"), that is inthe possession, control, or custody of the C()NSOlJANl[ including, vvidbnut iinohn1ino" any and all correspondences, contracts, AG8BEMENI ^n, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, mobcdu|eo, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, acdbb|iogo,rccnrdiogs, visual displays, ybo1oDrnpbu" minutes ofmeetings, Agreement Number: LocalAgencyA8EPmfessional Services Cost Plus Fixed Fee Consultant Agreement Page t3oft4 Revised 31111201$ tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. February 1, 2017 Signature , , /_ /) / Date Sign ure Date )vk-t0 Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 3/11/2016 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 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) o ROM requirements o 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 CI, 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. o 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. Davide Evans and Associates, Inc. 2 Scope of Services Major Maintenance of Three Bridges, Construction Management Services January 31, 2017 • 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 CI 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 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 (CI 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 CI; • 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 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 Section 2.0 Beacon Avenue Construction Management Services 2.1 Resident Engineering Construction Management Services The CONSULTANT shall provide a resident engineer (RE) for the duration of the contract to the AGENCY. The RE oversees construction activities and provides supervision over inspection, contract changes, project documentation, contract schedule, contract disputes, and material sampling and testing. The RE reports directly to the AGENCY Project Manager. The RE will perform tasks as described below: 2.1.1 Pre -construction Meeting • Attend pre -construction meeting, prepare agenda, lead the meeting, and provide meeting notes. 2.1.2 Coordination and Management of Subconsultants • Coordinate and manage subconsultant 2.1.3 Daily Oversight of Construction Activities • Coordinate responses to contractor's Requests for Information (RFIs) (up to 10 RFIs total) • Provide draft responses to contractor RFI's for approval by the AGENCY • Oversee construction activities for compliance with the Contract • Monitor Contractor's activities for compliance with all regulatory, environmental, permit and material requirements, including: (Noted in IDR) 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 o Orderly transfer of field records and documents, including as -built drawings and specifications. o 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 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 CI 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 (CI 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 Deliverables As described above 2.2.1-2.2.4 Assumptions The AGENCY will provide the following: • AGENCY PM or representative attends weekly meetings; • Prepare and process pay requests from quantities received from the CI; • AGENCY retains full approval authority for contract changes. 2.3 Contract Documentation The CONSULTANT shall provide a documentation coordinator for compliance with federally funded project. 2.3.1 Documentation Coordination The documentation coordinator will perform the following tasks: • Daily filing of IDRs; • Administration of contractor sublets and approval; • Submittal log development and tracking; • ROM maintenance; • Preparation of monthly progress payments; • Monitors use of foreign steel; • Prepares change orders under RE's supervision; • Documents contractors certified payrolls. • Maintain construction files using a format provided by AGENCY. 2.3.2 ROM Development • The CONSULTANT shall prepare a Record of Materials (ROM) for the PROJECT for use during construction by the AGENCY. The ROM will be submitted to WSDOT. The ROM will follow the format provided by WSDOT. 2.4 Materials Sampling and Testing Materials inspection and testing will be provided by the CONSULTANT's subconsultant Mayes Testing Engineers Inc. (MTE). MTE's laboratories are in full conformance with ASTM E-329 "Recommended Practice for Independent Testing & Inspection Agencies." All personnel are under direct supervision of Washington State and Oregon State Registered Professional Engineers as required by E-329. Also, as required by ASTM E-329, our laboratory has been inspected and approved by the American Association for Laboratory Accreditation (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 • 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 Peiniit (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. Davide Evans and Associates, Inc. 10 Scope of Services Major Maintenance of Three Bridges, Construction Management Services January 31, 2017 • 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. o 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) 3.1.7 Coordination and Responses to the Contractor • Coordinate with Engineers of Record, Reviews and provide responses to Contractor's RFI's (up to 10 total) • Actively confirm Contractor's coordination of construction activities with adjacent property owners, businesses, utilities and other agencies through review of the required Project Schedule and notice forms. • Facilitate utility coordination for existing and new utility improvements. • Punch list. Upon substantial completion of work, coordinate with AGENCY and other affected agencies, to perform a project inspection and develop a `punch list' of items to be completed. 3.1.8 Change Order Management and Coordination • Manage contract risks and disputes • Review and make recommendations on change orders, includes review of contractors cost proposal. • Evaluate and manage changes to the contract and oversee change order preparation with the AGENCY's approval. • Assist in claim evaluation at AGENCY's request • Issue Correction Notices and Stop work Notices when appropriate and as approved by the AGENCY. Davide Evans and Associates, Inc. 11 Scope of Services Major Maintenance of Three Bridges, Construction Management Services January 31, 2017 • 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 CI 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 • 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 CI; • 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 Exhibit B DBE Participation TranTech, LLC is an SBE (7.8%) per Federal definition. Agreement Number: WSDOT Form 140-089 EF Exhibit B Revised 10/30/2014 Page 1 of 1 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data 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 10/30/2014 D. Specify the Agency's Right to Review Product with the Consultant The Agency has the right to review product with Consultant throughout the course of the Project. Standard formats are identified in Exhibit A. E. Specify the Electronic Deliverables to Be Provided to the Agency As described in Exhibit A. F. Specify What Agency Furnished Services and Information Is to Be Provided As described in Exhibit A. Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 10/30/2014 II. Any Other Electronic Files to Be Provided None. III. Methods to Electronically Exchange Data Microsoft Outlook (email), FTP site, CD's/DVD's , flash drives, ProjectWise if necessary. WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 10/30/2014 A. Agency Software Suite Unknown B. Electronic Messaging System Microsoft Outlook C. File Transfers Format Unknown WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 Exhibit D Prime Consultant Cost Computations City of Tukwila Major Maintenance of Three Bridges, Construction Management Services Budget No, 104.98.595.800.41.00 Summary of Construction Management Services Frank Zepp Beacon Avenue Grady Way TOTAL CONSTRUCTION MANAGEMENT SERVICES ALL THREE BRIDGES Total Construction Management Current Services FEE Proportions $240,490.87 $163,253.20 $19,372.61 $423,116.68 56.84% 38.58% 4.58% Frank Zepp Exhibit D Prime Consultant Cost Computations Exhibit D-1.1 City of Tukwila Major Maintenance of Three Bridges, Construction Management Services FRANK ZEPP Budget No. 104.98.595.800,41.00 David Evans and Associates, Inc. 1 2 3 4 17 work Element# Work Element Construction tion Manager (COMM) Executive Administrator (EXAD) Managing Prof Engineer (MGPE) E � , 1 rf/ /� •. % DEA ,1 �� , ,,, �r11 v 1D / r itil /' s 2s $ 3 00 direct rates: r a l �, f� 111 11 tl>l �7�, t p�i l / jl �� & //f �� JOJ yv >j i f 1.1 RE Construction Management Services 0 / �,'� � i 1l�r'a'il rd� � , (, ( f°/p ®. 1 f. r/0E / s �, fd 7 � l , $1,572 1.1.1 Pre -Construction Including Agenda / $2,021 1.1.2 Subconsultant Coordination 9� irl�/r/ $30,539 1.1.3 Daily Oversight of Construction Activities 136 /i f� $6,342 (fi' lii /Jf,r, r � / ) j liel r /ll. / ' S 1 r l l�ra %� A 140i "J , it i J b ,... l/ � lfr �I / 1.1.4 FNR Reviews, Progress Estimate Reports and Invoicing 23 3 8 $16389 1.1.5 Weekly Contractor Meetings 73f• $8,307 1.1.6 Submittal Reviews and Management 37 11 , $2,470 $7,633 1.1.7 Coordination and Respones to Contractor RFIS 1.1.8 Manages and Processes Change Orders 34 i/i>i r / 52,470 1.1.9 Reviews and Monitors Contractors Schedule 11 % Jr/l � � flil " ,7a //f 1�//1K/ // �I /��; f /�� ,� /� � 1:IiijI 1.2 Field Ins ection fd l�/ � ... ji// i %j $565 lrl ) $226 1.2.1 ,2.2 Gontract Documents Review Preconstrucbon Meeting 5 2 � /r! $92,91 1.2.3 Daily Site Observation and Preparation of FNR 822 1.2.4 Special Inspections (Trantech-see Exhibit E1.1 far hours) ��/� t //� �r �� / / / r � n, fig" - ri;, gar - , ./, //P �� ��f �// ,,., i ,.. �� r i/,l/g/ rr � �/1'l�i/l��ril���,}, iIiIrIIi) I/ r l J if/l/r l/f,.,/ 1������/r ". mil'"r, l,:/// 1.: / i�/�'J, ,./��1��ll�l��%l��it/���rf%ifr�>>�/l, '//r ,l/,// ,, /� ,/ ,4//%, IS ��I� / t('! 1 Y /f f %/; /"r"�;o ,-rr , ,r,i�� f .�,,, ri /r.,r,�// /il ;'r r f 'r:. ,/, / / ar,//// !/.,/% /lr✓ /,li%/%//l//// /, J,./r//; (/!1„/,fG/ // r//, ,,,///l/I !'" i// /�//�;,/ // ,.,.. /r/ rf i ��/i Jr ri , / /�%/ ( , �/ r� ����, 1.3 Contract Documentation f dy,�/ $37,379 297 37 1.3.1 Documentation (RFIS, progress payments, Sublet approvals, Submittals Tracking, up to 10 C.D.s, ROM Maintenance) 1.3.2 ROM Development and Management 14 4 // $3,143 r r i ( r f/ � )' 11 / ��g p ,) /i /� / �lJl/ " * ,rJ �i / r ll. i�% /,�r p�(J//1/' � / t / /, . ,, �.✓ 1 F (�J�l///���, e f t % ri r/� ////�y, 1, ,/,4 ,��///f///>)%/,',�a�����!/i�r, //,l/,i(i,il/ 1/ /i/,h4 / / ri /�i , / /�i,✓„ ll,,,l li/O/, ����////�// ria lr, /4, >�� r�'ir/i./�/rir / /ll ///rf , �l/ 7y�, // i/ ,r, v, 1 ,G/ fi �i/ / //,�, �F,/ r,>�//li,t�a, /�r/, /r,/� ,fl.1/?,/�//�1.�'l{ , /l?/f fi/fo/ y i err r./f/ �// �,:,,-/ / // � r/ /i, /i //, lip/r //// ///!///,/ ,,!/,,,, %/i,/i,/, /ir,,%////ri/ ,, /ii /„l,/i,r ll r1 4. / /////, �// /i/� �/l% �/ , / %//f/, � J/�j;{�j ��r��>�il / /„/���i �i%f����� 11,���/c%11;.A7�7.��'�,/„�io, AVM /�/ ////+ioi/�ii 1.4 Materials Testing1'�` �/,7V,, / l f (Mayes Testing -see cost under Subconsultants, Exhibit E2 1) ,,,r ,� y / / ����/>'�y/l,i///„� //cf„1/�//�/% fli/,,,/„ri��%.ri�ir.Y,c�//�/l�%/�l�fll!���i/�if'%/i/�l��/n/1�//i/r,/r�,�,�.,,//�,,,fc��l/`/1f 1.5 WSDOT ShopInspection f See cost underfi "Direct Expenses", D-2.1 rf/ � � / .� l�, ,. 1/'' /J.f .l /rr.I /�G��IIII���i0l�iri,��/,P- f/� , I � , , 1. ,!! //lf/,V / �l /// f / r / / / ,f,li /�/I.l /�� �i����������������1���(�����>%���/Ir/�����u r e l e i r r�r./l, /I ,/ r, /, � / h / � r /I l //, ,. // /,.�/�//�,i,//ie / , /, / /,l �/i S � rile /r,rrr./�ror r / o ,.. ,,,,,-,+r r , , / i /fry, ri r l,r , r / rr� / ,. .fr I,. ,,a„../ .fi/ ,.//�/// ,.//, O (t �.fi rrr //r/1///J, 1, i/„ /,.I,./II / ,. �� ���� �..�f�I/(�-� q/ ///��/ , , ,,�/,� Gig/I �. �/ ,�, �ii ����r��l%�/��%%>�%���Li/J��/��if �/���r%�IX'`���%�%��Y $2 , Subconsultant Fees EXPENSES ffj/ � $69 1,869 I /f if 7( i// 100.00% r' A%f%f# 1529 240,491 SALARY ESCALATION ROIECT WORK ELEMENTS TOTALS 341 11263 14 45 .1 I 1 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 Salary Escalation Cost (estimated) Escalation - % of Labor Cost Total Salary Cost Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost 0% per year @ 0 year(s) 181.82% of Direct Labor 30.0% of Direct Labor $ 67,977 $0 67,977 $ 123,595 20,393 143,988 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 David Evans and Associates Total Subconsultants $ 1,869 $ 213,833 Trantech, LLC Mayes Testing, Inc. W/DBE M/DBE Hrs $ Total 150 18,896 0 7,762 Total 0.0% 0.0% 0.0% 150 Subconsultant Total 0% 26,658 Direct Expenses Sub -Total (including Subconsultants) Total Costs 28,527 $ 240,491 Exhibit E Subconsultant Cost Computations Exhibit E-1.1 City of Tukwila Major Maintenance of Three Bridges, Construction Management Services FRANK ZEPP Trantech, LLC work Element Work Element .. Bridge Engineer a.j 6 , P / ( / i 2# r "4 Trantech, pugh,) / i, `', 1,1 I folifigit /f i, , ( dir ct r t 3600 $45 00 $65 00 l'i '171141Filitgilifillifill7'111-4107 $50 00 iltififi,; ' "47111,4111'/;(11,0Prit/ ' 'Iv 1 i if lififilliPv ' 0' ' 1.2.4 Special InspectIon Paint Inspection 100 f„.,, ' 2 88 Polyester Inspection 50 i ri, 4,87 ;/ e 1,ZY/i/CMh'illf1/1,411111,1401" /, ' ' iiiNgt( .:' "IV r#11/11f51111K, NON / i ) I 541111f, , Of .thl EXPENSES SALARY ESCALATION 1 $1 832 , PROJECT WORK ELEMENTS TOTALS SO 100 150 $1 ,896 .1 100. Exhibit E Subconsultant Cost Computations City of Tukwila Major Maintenance of Three Bridges, Construction Management Services FRANK ZEPP Exhibit E-1.2 Trantech, LLC Direct Classification Hrs. x Rate = Cost 1 Special Inspector I 50 $ 36.00 $1,800 2 Special Inspector II 100 $ 45.00 $4,500 3 Senior Bridge Engineer 0 $ 65.00 $0 4 Bridge Engineer 0 $ 50.00 $0 5 Project Engineer/Scientist 0 $0 6 Engineer/Scientist 3 0 $0 7 Engineer/Scientist 2 0 $0 8 Engineer/Scientist 1 0 $0 9 Lead Tech 0 $0 10 Senior Technician 0 $0 11 Technician 0 $0 12 Word Processor 0 $0 Total Hrs. 150 Salary Cost 6,300 Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost 6,300 Overhead Cost @ 140.85% of Direct Labor 8,874 Net Fee @ 30.0% of Direct Labor 1,890 Total Overhead & Net Fee Cost 10,764 Direct Expenses No. Unit Each Cost Reproduction Costs @ ea $ ea $ - Plans 0 sets @ $2 /set $ Parking 10 @ $8 $ 80.00 Mail/Deliveries/Fed Ex 2 @ $20 $ 40.00 Mileage 3200 miles @ $0.535 /mile $ 1,712.00 Subtotal Trantech, LLC Total $ 1,832 18,896 SUBCONSULTANT FEE DETERMINATION DIRECT SALARY COSTS (DSC) Exhibit E Subconsultant Cost Computations Exhibit E1.3 Mayes Testing Costs 1/13/2017 Personnel Hours Rate Cost 1 Project Manager 12 X $54.60 = $ 655 2 Soil Density Testing 20 X $28.50 = $ 570 3 Concrete Inspection 40 X $28.50 = $ 1,140 3 HMA Density Testing 20 X $28.50 = $ 570 4 Welding Inspection 32 X $29.50 = $ 944 Total Hours Overhead (OH) Fixed Fee (FF) 92 Subtotal Direct Salary Costs (DSC) = $ 2,935 Salary Escalation (SE) = 5% of DSC = $ 147 Subtotal (DSC + SE) = $ 3,082 191.26% of (DSC + SE) = $ 5,895 30.00% of (DSC + SE) = $ 925 TOTAL SALARY COSTS (DSC + SE + OH + FF) = $ 9,901 DIRECT NONSALARY COSTS (DNSC) Soil Moisture Density Concrete Compressive Test WSDOT T606 Test Seive Analysis Sand Equivalent Fractured Face Count HMA Rice Density 2 50 1 2 1 1 2 $225 $450 $25 $1,250 $550 $550 $225 $450 $60 $60 $75 $75 $100 $200 TOTAL REIMBURSABLE EXPENSES (DNSC) = $ 3,035 TOTAL AUTHORIZED AMOUNT = $ 12,936 7,762 for Frank Zepp PAYMENT 5,174 for Beacon Avenue Services will be paid on a DSC multiplier equal to 3.213 Page 1 of 1 Beacon Avenue 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. i 2 3 4 17 Work Element # Wor1 Element 11 Q Executive Administrator (EXAD) Managing Prof Engineer (MGPE) 1 i 41 , ; 141/11W A IAN DEA / ri ni141/ ' 4 ) g l'7 jid ' h / like, A rtgeOemrq,,,' liNjtt://41 '/1 / direct ra es. 72.00 6.2 00 vmmar7fpArrrfrrity.rwme Yilrite 72. 0 il. 04.00 '',''',1#.14,1 ' F Pi :',441, '.''' (' /rpm, ' ,J,, al , r fleammtmemporreamommtr , 411 Al ( i fifft 'f/c/ / lc N! ,j4/1 iffdriteullatti 2.1 2.1.1 2.1.2 RE Construction Management Servicesi Pre -Construct ion Including Agenda Subconsultant Coordination 5 6 ) ./ , F! 'i , _ $1„123 $1,347 i fir! CI, ' ir LiOr y 2.1.3 Daily Oversight of Construction Activities 91 ,''' i $20,430 2.1.4 FNR Reviews, Progress Estimate Reports and Invoicing 15 'Ir , $4,359 7/ 1 1( i t 1.(, . Pi ' if, lii 2.1.5 Weekly Contractor Meetings 49 07. $11,001 2.1.6 Submittal Reviews and Management 25 * / i , le $5,613 2.1.7 Coordination and Respones to Contractor RFIs 8 (I 1 d $1,796 2.1.8 Manages and Processes Chan e Orders 23if •jj 1.1 IX f # , 1 2. .9 Reviews and Monitors Contractors S edu e /1 $1,796 MallIPMERIEMONEMMEM41777110441.10WvrOYJW If . k „ill , ' r POriti'0 2.2 Field Inspection Ng, 4 i )(') )1 , 2.2.1 Contract Documents Review $339 2.2.2 Preconstruction Meeting i /„ r, $226 2.2.3 Daily Site Observation and Preparation of FNR $62,621 2.2.4 (TranTech-see cost under Subconsultants, Exhibit D2.2 all1111.111 INEURPNIELIN ME ar,1 77 7 '7411111,1,',! ft I 1 li ' !Mr 71/ 741M11 , 2.3 Contract Documentation 9 II lit ill / 1 1 , C) 1' ' ' r 0 7/A); 2.3.1 Documentation (RFIs, progress payments, Sublet approvals, Submittals Tracking, up to 10 C.D.s, ROM Maintenance) 200 $25,257 2.3.2 ROM Development and Management ,VNI0,14C,,S, $2,021 ' :,),1,' A" 1 ? ( ' , ,7 , , ,,,OKE17,40Z01131160,411114 SW 7,,,,',' 111011,11M114' itiliffir 2.4 Materials Testing 111111111111111111111 11111 (Mayes Testing -see cost under Subconsultants, Exhibit D2.2) ( Af . 1r ,j ' ' , 2.5 WSDOT Shop Inspection See cost under "Direct Expenses", Exhibit D-2.2 WILANI&17741 AMICALIESIC ,,I!' '71101,'; ' 7 , lib,' ,',10707P9wifiAlfil / / / riffir#11/ ' Subconsul an Fees / ,094 I/ EXPENSES ,066 ' f) ' le SALARY ESCALATION ) i A A ';':PRO,IECT WORK ELEMENTSTOTALS 230 759 „3 9 31' '.11.032' ' $163,253 100.0 Exhibit D Prime Consultant Cost Computations City of Tukwila Major Maintenance of Three Bridges, Construction Management Services BEACON AVENUE Exhibit D-2.2 David Evans and Associates, Inc. Direct Classification Hrs. x Rate = Cost 1 Construction Manager (CONM) 230 $ 72.00 $16,560 2 Construction Inspector (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 Salary Escalation Cost (estimated) Escalation - % of Labor Cost Total Salary Cost Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost 0% per year @ 0 year(s) 181.82% of Direct Labor 30.0% of Direct Labor $ 45,890 $0 $ 45,890 83,437 13,767 97,204 Direct Expenses No. Unit Each Cost Reproduction Costs Copies 200 pages @ $0.06 /page $ 12.00 Reports 0 reports @ $15 /report $ Plans 0 sets @ $2 /set $ Parking 0 © $8 $ - WSDOT Shop Inspection 1 @ $1,000 $ 1,000.00 Mileage 100 miles @ $0.535 /mile $ 53.50 Subtotal Prime Compensation for Subconsultant Cost David Evans and Associates Total Subconsultants $ 1,066 $ 144,159 Trantech, LLC Mayes Testing, Inc. W/DBE M/DBE Hrs $ Total 110 13,920 5,174 Total 0.0% 0.0% 0.0% 110 Subconsultant Total 0% 19,094 Direct Expenses Sub -Total (including Subconsultants) Total Costs $ 20,160 $ 163,253 Exhibit E Subconsultant Cost Computations Exhibit E-2.1 City of Tukwila Major Maintenance of Three Bridges, Construction Management Services BEACON AVENUE Trantech, LLC work Element # Work Element Special Inspector I Special Inspector II Senior Bridge Engineer Wrote Engineer/Scientist %f ' l l7 G< Trantech, LLC i� ?+��$ f /'� " G/oJf f� lip �t i� r�l , �'� fd'p/ direct rates: � °� ' �� to �)/ r f� � f J � fl" �6��I il�f ���//'��� /��, fj Sa6.Do $45.00 $65.tl0 �' $50 00 pl fa � 1 PInspection Special J ����/ /; /r �� '1r ��1� Paint Inspection B0 $9 75111 nm Polyester Inspection 30 �A /- $2 925 c o .,� �an„, ,y„� ,�;�;� �i�i «��,e �� �r, r rii ��/i/,i. /,,// ,i/ i/.N/l/ , / r..�.1�'6/. l //d r. l- �/! ��7�1 i��/� �///0,11l� ,fir $C,1,1i/j �.,. ///0:7 //I, % ( r ! ��m����i������///////�//, .1.,I%iAl/��/%t��MF.��//1�r1�IIG�1.����, +,iio� � r, > I a In l ail/ /�J i .om,rio >t�i p / J.7 /.. � �lll� r�i �r /t,!/ i/ +,/%/�f /!, �� Fig¢„ �� �a�,io ,/, / � „i a ���%�i�, o,,,,w,� //, 1/./ l / pV lei/ . �/l i��Y� �� ,. nor, ii to ,/� i��� 1 i, R �, i ,l 1 ;� 1 / i, � � �� ,� , 11 . o � r��/l J�-,/���(� .r� / /-i l� ..Y/�fY,Iliu�V1�vi',fi�i � i �f �l. ri1 EXPENSES $1244d0 i �fJF SALARY ESCALATION ,W ` % j l Gll1 Ili PROJECT WORK ELEMENTS TOTALS 30' 80 110 $1r920 100.00% l Exhibit E City of Tukwila Subconsultant Cost Computations Major Maintenance of Three Bridges, Construction Management Services BEACON AVENUE Exhibit E-2.2 Trantech, LLC Direct Classification Hrs. x Rate 1 Special Inspector I 30 $ 36.00 2 Special Inspector II 80 $ 45.00 3 Senior Bridge Engineer 0 $ 65.00 4 Bridge Engineer 0 $ 50.00 5 Project Engineer/Scientist 0 6 Engineer/Scientist 3 0 7 Engineer/Scientist 2 0 8 Engineer/Scientist 1 0 9 Lead Tech 0 10 Senior Technician 0 11 Technician 0 12 Word Processor 0 Cost $1,080 $3,600 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Hrs. 110 Salary Cost 4,680 Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost 4,680 Overhead Cost @ 140.85% of Direct Labor 6,592 Net Fee @ 30.0% of Direct Labor 1,404 Total Overhead & Net Fee Cost 7,996 Direct Expenses No. Unit Each Cost Reproduction Costs MaterialsTesting (Mayes @ Testing) 0 $0 ea $ WSDOT Fabrication @ Inspection 0 $0 ea $ Plans 0 sets @ $2 /set $ - Parking 10 @ $8 $ 80.00 Mail/Deliveries/Fed Ex 2 @ $20 $ 40.00 Mileage 2100 miles @ $0.535 /mile $ 1,123.50 Subtotal Trantech, LLC Total $ 1,244 13,920 SUBCONSULTANT FEE DETERMINATION DIRECT SALARY COSTS (DSC) Exhibit E Subconsultant Cost Computations Exhibit E-2.3 Mayes Testing Costs 1/13/2017 Personnel Hours Rate Cost 1 Project Manager 12 X $54.60 = $ 655 2 Soil Density Testing 20 X $28.50 = $ 570 3 Concrete Inspection 40 X $28.50 = $ 1,140 3 HMA Density Testing 20 X $28.50 = $ 570 4 Welding Inspection 32 X $29.50 = $ 944 Total Hours 92 Subtotal Direct Salary Costs (DSC) _ $ 2,935 Salary Escalation (SE) = 5% of DSC = $ 147 Subtotal (DSC + SE) = $ 3,082 Overhead (OH) 191.26% of (DSC + SE) _ $ 5,895 Fixed Fee (FF) 30.00% of (DSC + SE) = $ 925 TOTAL SALARY COSTS (DSC + SE + OH + FF) _ $ 9,901 DIRECT NONSALARY COSTS (DNSC1 Soil Moisture Density Concrete Compressive Test WSDOT T606 Test Seive Analysis Sand Equivalent Fractured Face Count HMA Rice Density 2 50 1 2 1 1 2 $225 $450 $25 $1,250 $550 $550 $225 $450 $60 $60 $75 $75 $100 $200 TOTAL REIMBURSABLE EXPENSES (DNSC) = $ 3,035 TOTAL AUTHORIZED AMOUNT = $ 12,936 PAYMENT Services will be paid on a DSC multiplier equal to 7,762 for Frank Zepp 5,174 for Beacon Avenue 3.213 Page 1 of 1 Grady Way Exhibit D Prime Consultant Cost Comautations 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 Work Element 4 Work Element Construction tion Inspector (GINS) Executive Administrator (EXAD) Managing Prof Engineer (MGPE) 4 fj"� 1 %/;//ip /' ' � j f � �� DEA r l / r" y jt , direct rates: 872.00 s36.25 d 538.00 672.00 $34.00 lur/✓!� '; �Gr/ I�i�/I�/1 / P f,� 1,A /, IK1 k tr iI , li i� y�/y07fo 6I JV i.'r 6 %'p 7, 4 ,( OleVilf J N/y ( 0. 'I / /f {/ //' �' i -1 p1�#/a ! ��•; ,r, f a.�rl,(/ C J� / a',,&l.rf, / l%/// fl fj� It/fJf 3.1 RE Construction Management Services //%f 3.1.1 Pre -Construction Including Agenda 1 J�o/ ur %/fl225 $225 �/ il/o ��J 3.1.2 Subconsultant Coordination 1 3.1.3 Daily Oversight of Construction Activities 13 �r��% ir t/f / ��/ // i $2,91 f 1 % r e/� 3.1.4 FNR Reviews, Progress Estimate Reports and Invoicing 2 2 4 $1,110 1 S Weekly Contractor Meetings 6 ffi47 J f// °/ (� t/ e r f it v j !rr// ), ,�,. r i /(- 111 ,/;r �9 l /� � � /� 3 1.6 3.1.7 Submittal Reviews and Management n and Respones to Contractor RFIs Coordination 3 1 / / r �G/ t l // _ $674 $225 3.1.8 Manages and Processes Change Orders 3 $674" 3.1.9 Reviews and Monitors Contractors Schedule 1 �y/ /$225 elf,/ f ,/ o / / ✓r / it �/ !' f 1, ,II /� / i rr% ..f%/ ,p, !,/,/� �f� YG'��de , � j���f� f�� /fj �/ 7 /r/� / / Olfr y / %f/Ilp'�/ I �// ,F Ift �.,,, % r�./r„/ ,, 0-/ l Y l/ /,-'///. ,a .. /err �, / ^/,",/ /'/% r ,/' f// l- ,i ! :! / / /! //! e /Ju //�r/ „//,r GR/if /'. fi„ ! /p'i�;f rai/(l!/ I %f �f(I; !,rf//, ,/ni !/ ////„' r 10s //,/ / s, „� i ,/%�/f�//� �//`i/�,//r1, /r/ill,/,�� / / r! %r. /,l.Il. ///r /r/.,J/. ,/ lr!��!%. �/% { d I��y;!,�/ 'L... l/�i,.,�tl,J%f//%,l�%��l���t „rrt✓i///%f r /��//�*9/ 7r�rN�'���iJNI��J/ ��'�'r�/i �'///Y,/ -/ ,/r / / i �.. %i���, If r.//�� �� ! /// // , 1 ///' . {, //r, //,.%- � / % k,, E %1 / �!//.,//f l� /,�/ , �/ r/„ f�% ��%l%/ f //f/l� rr/r, / / /-///,,, � //���� f,,/�,��� �'a , J /,J !/ /, / ,F/ rr, r/ ', f �//�� �/%/1��Y(//f��i J ,, v... rJ „/; ,,/%rL, , , 4 4 , I .,... ,/� f,.,. ,J/��/, !. J ii%�/�.��f,;, 3.2 Field Inspection 3.2.1 Contract Documents Review 1 $113 i / m i�; .> 1. �r, .,,../ ,/ , , f �/� 0 f � �/, // �����.. pf// fj% 3.2.2 Preconstruction Meeting 1 $113 3.2.3 Daily Site Observation and Preparation of FNR 65 $7 347 �, ///r/ /f, i // ,./�,////, /%// / /r`f rJ %r�.'/ % . �,.,//r//.r„///rr ..ilk//,f. ///,f rr „� , /¢Fr /// /F/l,(/////,//l �, /r ¢.. r%� / / //.1/i/ . // {(�,, / /%////�II/���il/�%�G/��If, I�/„F�„I/ I� / /I�/������'F%RT, /���� ,1/% /// 7�/ /:l� .// F.,/ �i,/ �/ JJ/I/.., �/�/�����/�I�,/I. %%// ! ,, , , � �� c.n/ l / �%/f/i .. �/ ���Mi��D%l ,/,�/ /�i/n //%/�l�%iikt .r //i�, //// �0, ��f,. � //r�/ %/ ,, /� � � ��I✓� j.r„. i,. /1�;, t/r .e ,.,,r, ./ gyp/// //. , / I�. �II r�//�� 3.3 Contract Documentation r%/ ;f//i' t,c % ;gii , /, "�/ r / J �J%/%//f 4/// r / %% 3.3.1 Documentation (RFIs, progress payments, Sublet approvals, Submittals T 24 i 3 $3,031 3.3.2 ROM Development and Management P 9 1 $225, DM/E//��7 /0 (/r { / Atfi//101 A/ �fY /M/ 3.4 WSDOT Shop Inspection ection See cost under "Direct Expenses", Exhibit D-2.3 �c�/ //i � �! / //� y ni h'y' pl%yp, l(/ / F ,.,/ /. / J //I, // // r,l, /iJ//, /, / f. f, / .,�d,r,L�( ,,,,/,.:F /ii/�i,/,%,,�,�lr�i/,� ���ri, /,// ��r1P�11"�`�irA,�����:,��,,r./� / /. /%///� /i�/��//Ge ///,.. // i////,r //�/ �n iivc, .,r� 1. ��. ��. /�// r Iva,. ,.,/. ✓. /��ol „✓ /.. /// 1. /.. �/�I Llr/ �n%/i PRIME COMPENSATION FOR SUB. COST I/? EXPENSES %ia // / $923 SALARY ESCALATION (�'ii/%%?5 PROJECT WORK ELEMENTS TOTALS 31 91 2 1 y 132 193 ###### Exhibit D 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. Direct Classification Hrs. x Rate = Cost Construction Manager (CONM) 31 $ 72.00 $2,232 Construction Inspector (CINS) 91 $ 36.25 $3,299 Executive Administrator (EXAD) 2 $ 38.00 $76 Managing Prof Engineer (MGPE) 1 $ 72.00 $72 Sr. Professional Engineer (SPEN) 0 $ 67.00 $0 Senior Bridge Engineer (SBEN) 0 $ 62.00 $0 Bridge Engineer (BREN) 0 $ 48.00 $0 Senior CADD Technician (SCAD) 0 $ 44.00 $0 Project Administrator (PADM) 7 $ 34.00 $238 0 $0 Total Hrs. 132 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost Total Salary Cost Overhead Cost Net Fee @ Total Overhead & Net Fee Cost 0% per year 0 year(s) 181.82% of Direct Labor 30.0`)/0 of Direct Labor $ 5,917 $0 5,917 10,758 1,775 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 Aft Washington State 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 tatalatindaociates, Inc. P.O. Box 47309 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov Subject: Acceptance FYE 2015 ICR — Cognizant Review Dear Ms. Marie Fuzzell: We have accepted your funis 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@,wsdot.wa.gov. Regards; K. JONSO Manager, Consultant Services Office EKJ:kms Acceptance ICR Cognizant Review 411111\ Washington State Department of Transportation May 19, 2016 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. Memorandum TO: Erik Janson, Contracting Services Manager FROM: Schatzie Harvey, Agreement Compliance Audit Manage 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@wsdot.wa.acv Attachment cc: Steve McKerney File DOT Form 700-008 EF Revised 5/99 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. Certification of Final Indirect Costs Firm Name: David Evans and Associates, Inc. Indirect Cost Rate Proposal: 181.49 OH + .33 FCCM = 181.82 Date of Proposal Preparation (mm/dd/yyyy): 04/28/2016 Fiscal Period Covered (mm/dd/yyyy to mm/dd/yyyy): 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. S ignature: Name of Certifying Official"' (Print): Ryan Randall Title: Controller Date of Certification (mm/dd/yyyy): 05/19/2016 *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: hitp://www.fhwa.dol.qov/leosreos/directives/orders/44701a.htm 0/1-1 Certification; Nov 2010 hate Brown. Governor April 28, 2016 Tlic Board of Directors and Stockholders David Evans and Associates, Inc. (DEA) Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. Department of Transportation Central Services — Audit Services 355 Capitol St. NE — MS52 Salem, OR 97301-2528 (503)986-3213 RE: David Evans and Associates, Inc. Schedule of Indirect Cost Rate, Fiscal Year Ended October 31, 2015 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. 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 fonvarded to the appropriate ODOT contracting offices. lf you or any representative of DEA has any questions, please contact me at (503) 986-3213 or Ruth Wu 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 David Evans and Associates, Inc. Statement of Direct Labor, Fringe Benefits, and General Overhead For the Fiscal Year Ended October 31, 2015 Acct Number Description Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. DEA only Proposed General Ledger Direct Disallowed Company Account Balance Costs Costs wide DIRECT LABOR DIRECT LABOR FRINGE BENEFITS $ 28,526,415 $ 28,526,415 $ $ 28,526,415 $ 17,937,448 $ - $ (425,434) a,b $ 17,512,014 GENERAL OVERHEAD Indirect Labor $ 17,599,330 $ (442,582) $ (1,161,826) a, b,c $ 15,994,923 Occupancy $ 7,033,717 $ - $ (566,009) d $ 6,467,708 Communications $ 823,801 $ $ (44,930) d $ 778,871 Supplies and NonCap Equipment $ 512,521 $ (182,429) $ f $ 330,092 Service Contracts $ 631,971 $ - $ $ 631,971 Publications and Memberships $ 265,857 $ - $ (350) e $ 265,507 Computer Hardware - NonCap $ 166,324 - $ 166,324 Computer Software - Noncap $ 611,675 - $ 611,675 Computer Supplies $ 1,398 - $ 1,398 Repairs & Maintenance $ 63,309 - $ 63,309 Vehicle Expense $ 1,956,033 (459,555) (9,844) f,g $ 1,486,634 General and Administrative $ 727,861 $ - $ (55,822) g,h $ 672;039 Public Relations $ 242,501 $ $ (242,501) b $ - Selling Expense $ 511,438 (19,814) g,h $ 491,624 Training Expense $ 345,003 $ - $ (25,223) g,h $ 319,780 Employee Recruiting and Retention $ 579,696 $ - $ (360,981) h,i $ 218,715 Professional Services $ 691,832 $ $ $ 691,832 Business Insurance $ 1,122,388 $ - $ (6,694) $ 1,115,694 Taxes, Licenses and Fees $ 650,542 $ $ $ 650,542 Depreciation and Amortization $ 1,686,740 $ - $ $ 1,686,740 Bad Debt Expense $ 110,076 $ $ (110,076) k $ Contributions $ 192,554 $ - $ (192,554) I $ 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 lncome-External $ (4,406) $ (4,406) Federal Income Tax $ 1,507,362 - (1,507,362) p $ State Income Tax $ 284,704 - (284,704) p $ - SupportServicesAllocation $ (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 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS (b) 31.205-1 Public Relations Costs (including directly associated costs) David Evans and Associates, Inc. (c) 31.205-6(p) Excess Executive Compensation (d) 31.205-36 & 31.205-17 Rental Costs & Idle Facilities/Idle Capacity Costs (including directly associated costs) (e) 31.205-14 Entertainment Costs (f) 31.202: Excluded direct project costs (both billable & non billable costs) from indirect cost pool (g) 31.205-46 Travel Costs (h) 31.205-51 Costs of Alcoholic Beverages (i) 31.205-13 Employee Morale (j) 31.205-19 Insurance and Indemnification (k) 31.205-3 Bad Debts (I) 31.205-8 Contributions or Donations (m) 31.205-20 Interest and Other Financial Costs (n) Miscellaneous Revenue (o) 31.205-15 Fines, Penalties and Mischarging Costs (p) 31.205-41 Taxes (q) See DEEI Office Allocatin Worksheet (r) See Corp Allocation DEA to Onsite (s) Remove Special Equip costs for use in Billable Equipment Rate (t) 31.205-27 Organization Costs • Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, Inc. David Evans and Associates, Inc. SCHEDULE OF INDIRECT COSTS Year ended October 31, 2015 Direct Unallowable Costs Cost Costs Net of FAR Description Total Cost eliminations elminations elminations reference Labor Burden: Holiday Pay $ 1,411,046 $ - $ - $ 1,411,046 Sick Pay 1,041,292 1,041,292 Vacation Paid 3,650,381 - 3,650,381 Termination/Severance 58,837 - - 58,837 New Employee Signing Pay 80,679 (80,679) - ' 15 Vacation Accrual (858,064) - - (858,064) Vacation Cash Out 658,940 - - 658,940 DOL Compliance Labor 55,545 - 55,545 PTO 203,260 203,260 Group Medical. 5,416,091 - - 5,416,091 Group Life Ins 23,088 - - 23,088 Workers' Comp Ins. 269,727 - - 269,727 FICA Sc PR Taxes 3,781,014• - - 3,781,014 SUTA & State PR Taxes 763,004 - - 763,004 Union Benefits 705,196 - - 705,196 Civic Duty Labor 20,876 20,876 Officer Supp Comp 577,538 - - 577,538 Other Payroll Related Costs 79,000 - - 79,000 Public Relations Calculated Fringe Elimination (344,755) (344,755) I FRINGE BENE1111 S 17,937,448 - (425,434) 17,512,014 GENERAL OVERHEAD Indirect Labor 18,460,494 (449,653) (1,115,646) 16,895,194 1,9 Salary Variance (861,163) 7,071 41,912 (812,180) 1 Occupancy 7,033,717 - (566,009) 6,467,708 10,16 Communications 823,801 - (44,930) 778,871 16 Equipment (501,867) 501,867 - - Supplies 512,321 (182,429) 330,092 18 Service Contracts 631,971 - - 631,971 Publications and Memberships 265,857 - (350) 265,507 12 Computer and Printer Costs 842,706 - - 842,706 Vehicle Expense 1,956,033 (459,555) (9,844) 1,486,634 4,17 General and Administrative 727,861 - (54,887) 672,974 3,4 Public Relations 242,501 - (242,501) - 1 Selling Expense 511,438 - (19,029) 492,410 3,4,12 Training Expense 345,003 - (24,720) 320,282 3,4 Employee Recruiting and Retention 579,696 - (360,981) 218,715 2,3 Professional Services 691,832 - - 691,832 Business Insurance 1,122,388 - ' (6,694) 1,115,694 7 Taxes, Licenses and Fees 650,542 - 650,542 Depreciation and Amortization 1,686,740 - - 1,686,740 Bad Debt Expense 110,076 - (110,076) - 6 Contributions 192,554 - (192,554) - 5 Misc Expenses (6,017) - - (6,017) Profit Sharing Expense 774,684 - (449,841) 324,843 8 401K and ESOP Contributions 3,106,347 - - 3,106,347 Reserves and Settlements 324,122 - (324,122) 6 Interest Expense 210,658 - (210,658) - 11 Discounts Taken (80) - (80) Finance Charges 3,727 - (3,727) - 11 Gain/Loss on Sale of Fixed Assets (28,107) - - (28,107) Deferred Compensation (146,246) - - (146,246) Misc Other Income/Expense (832) - (556) (1,388) 14 Rental Income -External (4,406) - (4,406) Income Taxes 1,792,066 (1,792,066) - 13 Support Services Allocation (200,432) - (200,432) Total General Overhead Expense 41,850,184 (582,699) (5,487,279) 35,780,205 Labor Burden and General Overhead Expense Before Allocation $ 59,787,632 $ (582,699) $(5,912,713) $ 53,292,220 DEEIAllocation (Home Office) 1,198,142 (434,191) 763,952 1,3,5,7 DEA Corp Allocation to Onsite (2,437,484) 241,056 (2,196,429) labor Burden and General Overhead Expense $ 58,548,289 $ (582,699) $(6,105,848) $ 51,859,743 Direct Labor 28,526,415 28,526,415 Overhead Expense Rate 205.24% 181.80% Facilities Capital Cost of Money Rate 0.33% Combined Overhead Expense and Facilities Capital Cost of Money Rate 182.13% The accompanying notes are an integral part of this schedule. 5 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 r3. Alcohol - FAR 31.205-51 4. • Excess travel costs - FAR 31.205-46 5. • Contributions or donations - FAR 31.205-8 G. Bad debt - FAR 31205-3 r7. Officers' life insurance - FAR 31.205-19 8. ▪ Bonuses paid not in accordance with established plan - FAR 31.20. -6(t) 9. Compensation for personal services - FAR 312(15-6(p) rl . Gains on sale of capital assets - FAR 31.205-16 11. Interest and other financial costs - FAR 31.205-20 r12. Entertainment - FAR 31.205-14 13. Income taxes - FAR 31.205-41 14. Fines, penalties and mischarging costs - FAR 31.205-15 r15. Signing bonuses - FAR 31.205-6(0 and FAR 31.201-4 16. Rent, idle facilities and idle capacity costs (including directly associated costs) - FAR 31-205-36, FAR 31.205-17 1▪ 7. Personal mileage expenses - FAR 31.205-46 ' 18. Excluded direct project costs (both billable and non -billable) from indirect cost pool - FAR 31.202 The accompanying notes are an integral part of this schedule. 6 Exhibit D Prime Consultant Cost Computations CERTIFICATION OF INDIRECT COSTS David Evans and Associates, IrDavid 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 Money (FCCM) The cost -of -money rate has been calculated in accordance with FAR 31.205-10, using average net book values of equipment and facilities multiplied by the average treasury rate for the applicable period. Equipment and facilities include furniture and fixtures, computer equipment, vehicles and leasehold improvements. The numbers represented below relate only to the DEA division. The calculation was made as follows: Net book value of fixed assets $4,313,867 Average treasury rate 2.1 9% Computed facilities capital 94,258 Direct labor base 28,524,415 Cost of money rate: 0.330Vo 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 5117,285 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. /Mk irjor Washington State 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 teinis 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; Manager, Consultant Services Office EKJ:rck Acceptance ICR Risk Assessment Review W" Washington State AIP.rm 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 Managers, 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 700-09B EF Rovised 5/90 Exhibit E Subconsultant Cost Computations CERTIFICATION OF FINAL INDIRECT COSTS TranTech, LLC Certification of Final Indirect Costs Firm Name: TranTech Englnearing LLC Indirect Cost Rate Proposal: 140.85% Date of Proposal Preparation (mm/dd/yyyy): 1/18/2018 Fiscal Period Covered (mm/dd/yyyy to mm/dd/yyyy): 1/1/2015 to 12/31/2015 1, the.undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belie: 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): 6H-,4%.+5 V Zr> Title: Date of Certification (mrn/dd/yyyy): "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.fhvva.doLgav/lensrens/directives/orders/44701 a.htm O/H Certification; Nov 2010 Exhibit E Subconsultant Cost Computations CERTIFICATION OF FINAL INDIRECT COSTS Mayes Testing/Terracon VWWashington State Department of Transportation Memorandum August 11, 2016 TO: Erik Jonson, Contracting Services Manager FROM: Schatzie Harvey, Agreement Compliance Audit Manageg% SUBJECT: Terracon Consultants, Inc. Indirect Cost Rate for Fiscal Year Ended December 31, 2015 We accept the audit work perfonned 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 harveysRwsdot.wa.gov. Attachment cc: Steve McKemey File DOT Form 700-008 EF Revised 5199 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 Direct Labor Terracon Total Nonallowable Allowable % of Direct Costs Costs Labor $ 125,408,107 $ 125,408,107 100.00% Overhead on Direct Labor Vacation, sick, holiday leave $ 20,079,221 $ 20,079,221 Payroll taxes 18,340,560 18,340,560 Group insurance 24,659,365 24,659,365 Workers' compensation insurance 2,878,396 2,878,396 Profit sharing/401(k) 7,463,678 7,463,678 73,421,220 73,421,220 58.55% General and Administrative Overhead Costs Indirect/administrative labor 95,236,758 $ (9,613,318) (1) 85,623,440 Travel expense 7,952,953 (1,979,886) (2) 5,973,067 Depreciation expense 3,455,896 3,455,896 Amortization expense 6,977,738 (6,977,738) (3) Gain — sale of assets (95,557) (95,557) Rent — office 15,601,110 15,601,110 Insurance — general 2,839,641 2,839,641 Insurance —professional liability 7,208,260 7,208,260 Telephone 6,138,761 - 6,138,761 Lab expense and supplies 2,195,000 - 2,195,000 Supplies 3,989,264 3,989,264 Equipment repairs and maintenance 1,314,721 1,314,721 Fleet expense 2,850,721 - 2,850,721 Maintenance contracts 34,155 - 34,155 Licenses and taxes 784,467 784,467 Equipment rental 167,700 167,700 Property tax 257,733 - 257,733 Office expense 1,489,435 1,489,435 Printing expense 349,130 (71,511)(4) 277,619 Photocopy expense 1,376,129 1,376,129 Data processing 5,940,281 5,940,281 Utilities 2,333,761 2,333,761 Building repair and maintenance 3,340,269 - 3,340,269 Provision for doubtful accounts 422,806 (422,806) (5) - Dues and subscriptions 1,931,253 (58,062) (6) 1,873,191 Client development 2,495,729 (1,465,110) (7) 1,030,619 Temporary office help 2,619,178 2,619, 178 Freight/postage expense 774,009 774,009 Professional fees 1,767,701 (418,078) (8) 1,349,623 Donations 330,500 (330,500) (9) - Employee expense 2,423,700 (1,691,063) (10) 732,637 Health and safety 380,444 (25,300) (16) 355,144 Employee relocation 442,865 (52,172) (11) 390,693 Employee education and training 2,455,621 2,455,621 Interest expense 213,875 (213,875) (12) - Recruiting fees and expense 602,035 602,035 Interest income (97,679) 97,679 (13) - Other income 78,071 (411,696) (14) (333,625) Other expenses 835,686 420 (15) 836,106 Total Overhead 189,414,120 (23,633,016) 165,781,104 132.19% $ 262,835,340 $ (23,633,016) $ 239,202,324 190.74% See Notes to Statement of Direct Labor, Fringe Benefits and General Overhead 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(f)(1-3) 31.205-27 31.205-3 31-205-6(b) 31-205-6(b) 31.205-6(g) (2) 31.205-1 31.205-1(f)(7) 31.205-14 31.205-46 31.205-46 31.205-51 (3) (4) (5) (6) (7) 31.205-49 31.205-1 31.205-3 31.205-22 31.205-1 31.205-14 (8) 31.205-27 31.205-41 (9) 31.205-8 (10) 31.205-13 (11) 31.205-35 (12) 31.205-20 (13) 31.205-20 (14) 31.201-5 (15) 31.205-15 31.205-19(2)(vi) (16) 31.205-13 Marketing, lobbying and any labor associated with unallowable activities are unallowable. Labor related to acquisitions is unallowable. Labor related to Bad Debt Collection is unallowable. Stock Options/Stock Bonuses are unallowable. Certain payments to employees/officers made unallowable due to reasonableness. Payments made for severance not pursuant to a formal policy are unallowable. Travel related to unallowable public relations and advertising costs. Costs of memberships in civic organizations are unallowable. Entertainment costs are unallowable. Lodging, Meals, Per Diem in excess of GSA JTR Rates are unallowable. Auto Allowance is an unallowable expense. Costs of alcoholic beverages are unallowable. Costs for amortization of intangible assets and goodwill are unallowable. Cost for marketing materials - brochures and direct mail publications are unallowable. Estimated losses arising from uncollectible accounts receivable are unallowable. Lobbying costs, paid as a percentage of professional dues, are unallowable. Costs for promotional activities and trade shows are unallowable. Entertainment costs are unallowable. Professional costs paid related to acquisitions and reorganization are unallowable. Costs incurred related to Federal income taxes are unallowable. Contributions and gifts are unallowable. Costs for tickets shows/sporting events, picnics, parties are unallowable. Lump sum payments in excess of $5,000 are unallowable. Interest expense is unallowable. Interest income is unallowable. Credits related to allowable costs have been allowed. Costs of fines and penalties related to traffic violations are unallowable. Key man insurance is unallowable. Costs of undistributed spot bonuses are unallowable. See Notes to Statement of Direct Labor, Fringe Benefits and General Overhead 4 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-moncy 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 Average treasury rate Cost of facilities capital Direct labor base Cost of facilities capital percentage Note 9: Direct Cost Accounts $ 29,105,421 2.25% $ 654,872 $125,408,107 0.52% The Statement of Direct Labor, Fringe Benefits and General Overhead schedule provides a detail listing of the direct cost accounts not included on the overhead pool. This list includes costs for subcontract labor, drilling equipment and supplies, depreciation, equipment rental, travel and environmental/well supplies. Note 10: Subsequent Events Subsequent events have been evaluated through the date of the Independent Auditor's Report, which is the date the financial statement was available to be issued. 10 Exhibit E Subconsultant Cost Computations CCRTIFICr4'''^"' ^FFINA 1NDa.RE.CI.C.Q.STS Mayes Testing/Terraco CONTRACTOR CE,RTEITCA.TION OF FINAL INDIRECT COST Firm Name: Terracoti Consultants, inc. Indirect Cost Rate: 1.90.74% Facilities Capital Cost of Money: 0.52% Date of Preparation: Fiscal Year Covered: Maur 23.2016 01/01/2015 to 12/31/2015 1, the undersign d, certify that 1 have reviewed the infornrcltion used to establish,/inal indirect cost rates for the, fiscal period as indicated in this audit. and to the best of my Inlowlcdge and belie/ 1) .Ill cost used to establish fatal indirect costs rates arc allowable in accordance with the applicable cos( principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of'Federal Regulations (CFR), Part 31. 2) This .submitted audit (inclusire o/'indirect costs) does not include an.t' casts which are expressly unallowable under the cost principles oldie FAR 42148 C'FR 31. Additionally, 1 cer(ifi' that all known material transactiorr.s or events that have occurred affecting the .fir mn S ownership. organization. and indirect costs have been disc.'lo.sed. Signature: Name of Certifying Official: Doug D. Loverid e Title: Controller / Vice President Date of Certification: lune 30, 2016 Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 10/30/2014 Exhibit G Certification Documents Exhibit G-1(a) Exhibit G-1(b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Certification of Consultant Certification of City of Tukwila Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Agreement Number: WSDOT Form 140-089 EF Exhibit G Revised 10/30/2014 Page 1 of 1 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of David Evans and Associates, Inc. whose address is 1115 West Bay Drive NW, Suite 301, Olympia WA 98502 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the Washington Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. David Evans and Associates, Inc. Consultant (Firm Name) February 1, 2017 Signature (Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-1(b) Certification of City of Tukwila I hereby certify that I am the: [1:1 Senior Program Manager LJ Other of the City of Tukwila , and City of Tukwila or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the Washington Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions 11. 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. IL Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. David Evans and Associates, Inc. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. David Evans and Associates, Inc. Consultant (Firm Name) February 1, 2017 Signature (Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Tukwila 3 Bridges, Construction Mgt. are accurate, complete, and current as of 1/31/2017 This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: David Evans and Associates, Inc. CES Puget Sound Region Manager Signature Title Date of Execution***: *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: WSDOT Form 140-089 EF Exhibit I Page 1 of 2 Revised 10/30/2014 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 l Revised 10/30/2014 Page 2 of 2 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 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 10/30/2014 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014